EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the code. [Brackets] indicate deletion of existing material within a section. TITLE 10. COMMUNITY DEVELOPMENT PART I. Texas Housing and Community and Affairs CHAPTER 80.Manufactured Housing Standards and Requirements 10 TAC sec.80.54 The Texas Department of Housing and Community Affairs (Department) Manufactured Housing Division adopts on an emergency basis amendments to 10 TAC sec.80.54, concerning manufactured home anchor installation requirements. The Department finds that there is an immediate need for safe, affordable anchoring of new and used manufactured homes in difficult soils, without which there is an imminent peril to occupants and neighboring homes if such anchoring systems are not implemented. Presently although there are Department approved anchors for installation in soil and in rock, there are no anchors designed for mixed rock and soil conditions or hard caliche soil. Even if there were such anchors available, there is a 12-month time period for testing new anchors under the department's requirements, with a cost to the anchor manufacturer of approximately $50,000. Testimony at the Texas Department of Housing and Community Affairs (TDHCA) Board meeting on January 26, 1998, indicated that because of lack of anchors designed for difficult soils, installers are installing anchors in soils for which they were not designed, and are being cited for violations. Alternative systems approved by the Department, such as custom-designed anchor systems or concrete pads with embedded anchors, are economically prohibitive for most consumers and homeowners who live in areas of difficult soils. At a meeting on February 10, 1998, the Department's Anchor Task Force, composed of five Manufactured Housing Division staff and twelve outside members representing retailers, installers, distributors, anchor manufacturers, and consumer groups, reached consensus on the proposed emergency rules, which were then recommended to the TDHCA Board. The rules will require that anchors presently approved for soil or rock will be installed securely in mixed soil and rock or hard caliche conditions. An additional consideration in adopting these emergency rules is that under recently enacted sec.9(g) of 5221f, the effective date of a rule relating to installation standards shall not be less than 60 days following the date of publication of notice that the rule has been adopted. The Anchor Task Force was in agreement that these emergency rules could go into effect immediately without unduly burdening the industry. These emergency rules are adopted pursuant to Texas Civil Statutes, Article 5221f, sec.4(a), which gives the Department the authority to adopt standards and requirements for the installation of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public, and 10 TAC sec.2001.034, which allows an agency to adopt an emergency rule if the agency finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on fewer than 30 days' notice. sec.80.54.Generic Installation Requirements. (a) All new and used HUD-code manufactured homes, mobile homes, and rebuilt salvaged homes shall be anchored in accordance with the manufacturer's installation instructions or these generic standards approved and promulgated by the department. (1) Ground anchors shall be approved in compliance with the requirements of these standards and shall be used in soil types for which the ground anchors are designed. The anchors shall be installed in accordance with the anchor manufacturer's instructions. (A)
    In the event that an impenetrable layer below the top soil layer stops the augering of an auger anchor, a department- approved cross drive anchor may be installed according to the manufacturer's instructions. If this is not possible, then a department-approved cross drive anchor may be used with a steel stabilizer plate installed next to the rods to resist horizontal anchor head movement. The stabilizer plate shall be centered on the pull side of the anchor and within 1 inch of the anchor shaft.
      (B)
        In hardpan caliche (that is, heavily weathered limestone), where a stabilizer plate cannot be installed, a cross drive anchor may be installed with rods inserted in pre-drilled holes according to the anchor manufacturer's instructions.
          (2)-(7) (No change.) (b) (No change.) Filed with the Office of the Secretary of State, on February 26, 1998. TRD-9802857 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Effective date: February 26, 1998 Expiration date: June 26, 1998 For further information, please call: (512) 475-3930 TITLE 19. EDUCATION PART I. Texas Higher Education Coordinating Board CHAPTER 21.Student Services SUBCHAPTER A.General Provisions 19 TAC sec.21.6 The Texas Higher Education Coordinating Board adopts emergency Chapter 21, Subchapter A, new sec.21.6, concerning General Provisions (Student Compliance with Selective Service Registration. The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed to comply with House Bill 2061, passed by the 75th Legislature. The bill requires students to register with the Selective Service before they can receive a loan, grant, scholarship or other financial assistance funded by state revenue. Currently over 90 percent of students receiving financial assistance complete the Federal Application for Federal Student Aid. The federal government already has rules and guidelines in place to ensure that students receiving financial aid have complied with Selective Service requirements. The new section to the rules is proposed under Texas Education Code, Section 51.9095, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning General Provisions (Student Compliance with Selective Service Registration). sec.21.6.Student Compliance with Selective Service Registration. (a) An individual may not receive a loan, grant, scholarship, or other financial assistance funded by state revenue, including federal funds or gifts and grants accepted by this state, or receive a student loan guaranteed by this state or the Texas Guaranteed Student Loan Corporation, unless the individual files a statement of the individual's Selective Service status with the institution or other entity granting or guaranteeing the financial assistance as required by this section. (b) Rules and guidelines to be used in administering the Texas Education Code, sec.51.9095 will be the same as those used for students receiving federal financial aid. Filed with the Office of the Secretary of State, on February 26, 1998. TRD-9802667 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: February 23, 1998 Expiration date: June 23, 1998 For further information, please call: (512) 483-6162