ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 1. ADMINISTRATION
PART III. Office of the Attorney General
CHAPTER 62.Sexual Assault Prevention and Crisis Services
1 TAC sec.sec.62.25-62.32
The Office of the Attorney General, adopts new sec.sec.62.25-62.32, concerning 
sexual assault prevention and crisis services. Sections 62.25-62.27, and 62.29-
62.32 with changes to the proposed text as published in the May 1, 1998, issue 
of the Texas Register (23 TexReg 4155). Section sec.62.28 is adopted without 
changes and will not be republished.
The justification for the sections is to implement new state legislation 
regarding the adoption of rules necessary to establish minimum standards for the 
currency of practice for sexual assault nurse examiners.
The sections will function by defining a process for currency of practice for 
sexual assault nurse examiners. 
There were no comments on sec.62.25. However, staff added two definitions for 
clarity. There were two comments on sec.62.26 disagreeing with the documentation 
requirement for clinical hours obtained before 1998, and the content of those 
clinical hours. The agency disagrees with the comments on sec.62.26. The 
requirement of clinical hours gives the applicant an opportunity to practice 
skills discussed in the classroom. The clinical hours must be related to the 
information presented in the classroom. A comment on sec.62.26 recommended 
changing the term "evidence collection kit" to "evidentiary examination". The 
agency disagrees with this comment. The term "evidence collection kit" applies 
to the collection of evidence resulting from a sexual assault while the term 
"evidentiary examination" applies to the collection of evidence resulting from 
any crime. A final comment for sec.62.26 recommended five to six hours be 
permitted for the classroom presentation of advanced practice skills necessary 
to complete the sexual assault examination. The agency disagrees with this 
comment. The intent of the classroom presentation of advanced practice skills 
necessary to complete the sexual assault examination is to identify and define 
the skills and not to demonstrate the them. A comment on sec.62.27 expressed 
concern over the length of time applicants are permitted to obtain their 
clinical hours. The agency agrees with this comment and extended the length of 
time for obtaining clinical hours from six to eight months. Another comment on 
sec.62.27 requested that sexual assault exams be conducted in a minimally 
acceptable manner. The agency disagrees with this comment. The intent of the 
rule is to establish currency of practice and not competency of practice.
A comment on sec.62.29 expressed concern over the number of continuing education 
hours required. The agency agrees with this comment and made the required 
continuing education hours specific to the type of certification the sexual 
assault nurse examiner obtained. Staff also added a chart outlining the 
continuing education requirements by the type of certification. While there were 
no comments on sec.sec.62.30-62.32, staff made modifications to these sections 
for clarity. 
The following persons and medical centers submitted comments regarding the 
rules: Cathy Miska, Debbie Teague, Hendrick Medical Center, and the University 
of Texas Health Science Center.
The new rules are proposed under Government Code,  420.011(c), which 
provides the Office of the Attorney General with the authority to promulgate 
these rules. 
No other statute, code, or article is affected by these proposed new sections.

sec.62.25. Definitions. 
In this chapter: 
(1) "Forensic examination" means a medical examination conducted for the purpose 
of gathering evidence pertaining to a crime. 
(2) "Sexual assault nurse examiner ('SANE') " means a registered nurse who has 
been specially trained to provide comprehensive care to sexual assault 
survivors, who demonstrates competency in conducting a forensic exam for the 
collection of evidence and has the ability to testify as an expert witness. 
(3) "Currency of practice certification" means the formal process by which 
training received and the number of exams performed per year by a SANE are 
documented. 
(4) "Certified Adult SANE" (CAS) means a SANE that demonstrates a currency of 
practice of the female who has begun their menses and older population, and/or a 
male who is Tanner Stage three or above in sexual maturity. 
(5) "Certified Pedi SANE" (CPS) means a SANE that demonstrates a currency of 
practice of the female who is pre-menarcheal and/or a male pre-stage three of 
Tanner Classification of Sexual Maturity.

sec.62.26. Requirements for Currency of Practice Certification.
(a) To be eligible, a registered nurse must: 
(1) Currently be licensed and in good standing as a registered nurse (RN) 
through the Texas Board of Nurse Examiners; 
(2) Have a minimum of two years experience as a registered nurse; and 
(3) Have successfully completed an Office of the Attorney General (OAG) approved 
SANE training course and required clinical hours. 
(b) Currency of practice certification will be awarded for: 
(1) SANEs trained before September 30, 1998; and 
(2) SANEs trained after October 1, 1998 
(c) Eligibility requirements are set forth as follows 
Figure: 1 TAC sec.62.26 (c)
(d) Fifty-six hours of didactic training must be completed within a three-month 
period and must include a pre and post training test. The didactic training must 
include the following topics: 
(1) Historical perspectives, for a total of not less than 30 minutes, including 
the historical development of the sexual assault nurse examiner conceptual 
model; 
(2) Definitions and facts of sexual assault, for a total of not less than one 
and one-half hours, including the following topics: 
(A) Historical perspectives of sexual assault; 
(B) Myths vs facts; 
(C) Confidentiality; 
(D) Value clarification; 
(E) Ethics; 
(F) Definition of sexual assault; and 
(G) Socialization issues. 
(3) Role and responsibility of a SANE, for a total of not less than one and one- 
half hours, including the following topics: 
(A) Perception of health care workers; 
(B) Timely medical/forensic examination with complete evidence collection; 
(C) Avoidance of further trauma to the survivor; 
(D) Compassionate and sensitive care giving; 
(E) Referrals for follow up care and counseling; and 
(F) Expert witness testimony. 
(4) Orientation to sexual assault issues, for a total of not less than one and 
one-half hours, including the following topics:
(A) Profile of sexual assault survivors with case studies on: 
(i) Stranger assault; 
(ii) Acquaintance assault; and 
(iii) Partner/spouse assault. 
(B) Profile of sexual assault offenders: 
(i) Anger; 
(ii) Power; and 
(iii) Sadism. 
(5) Symptomology of survivors and crisis intervention skills, for a total of not 
less than one and one-half hours, including the following topics: 
(A) Rape Trauma Syndrome: 
(i) Acute; and 
(ii) Long range symptoms; 
(B) Working with significant others; 
(C) Orientation to a crisis; 
(D) Communication skills/active listening skills; and 
(E) Appropriate and inappropriate responses. 
(6) Needs of special populations, for a total of not less than two hours, 
including the following topics for both the differently-abled and the elderly: 
(A) Sexually assaulted males; 
(B) Persons sexually assaulted by their partners; 
(C) Persons from different cultures; and 
(D) Persons with different religious beliefs. 
(7) Vicarious victimization, for a total of not less than one hour, that 
includes: 
(A) Secondary victimization of SANEs; 
(B) Stress and burnout of SANEs; 
(C) Community resources for RNs; 
(D) Responsibility and limitations; 
(E) Local community attitudes; and 
(F) Client's needs vs care giver's needs. 
(8) Identification of the advanced practice skills necessary to complete the 
sexual assault examination, for a total of not less than one hour, including the 
following topics: 
(A) History of encounter from survivor; 
(B) Head-to-toe examination for trauma identification; 
(C) Detailed genital examination for trauma identification; and 
(D) Evidence collection. 
(9) History-taking skills, for a total of not less than four and one-half hours, 
including the following topics: 
(A) Purpose of obtaining a medical history; 
(B) Behavioral observation and interpretation of verbal and nonverbal 
communication of the survivor; 
(C) Initial reactions of survivor; 
(D) Interview location; 
(E) Establishing rapport with survivor; 
(F) Empathy for survivor; 
(G) Importance of verbatim history; and 
(H) Non-leading interview technique. 
(10) Components of head-to-toe physical assessment for injury identification, 
for a total of not less than one and one-half hours, including the following 
topics: 
(A) Primary assessment; 
(B) Secondary assessment; 
(C) Injury documentation/photo documentation; and 
(D) Evaluation for physician consultation. 
(11) Orientation to the adult female and male genital anatomy and developmental 
stages, for a total of not less than one and one-half hours, including the 
following topics: 
(A) Female and male genitalia; and 
(B) Tanner Stages of Development. 
(12) Detailed genital examination for injury identification, for a total of not 
less than two hours, including the following topics: 
(A) Visualization techniques; 
(i) Positioning; 
(ii) Inspection; 
(iii) Separation; 
(iv) Traction; and 
(v) Knee/chest. 
(B) Visualization adjuncts; 
(i) Foley catheter; 
(ii) Vaginal speculum; 
(iii) Toluidine blue dye; and 
(iv) Colposcope. 
(C) Injury documentation/photo documentation. 
(13) Sexual assault examination/forensic documentation forms, for a total of not 
less than one and one-half hours, including the following topics: 
(A) Anatomical drawing documentation; 
(B) Documentation of examination impression; 
(C) Restriction of forensic form access; and 
(D) Medical records. 
(14) Laws specific to sexual assault and evidence collection, for a total of not 
less than one hour, including the following topics: 
(A) Texas Penal Code; 
(B) Texas Family Code; 
(C) Laws protecting sexual assault survivors; and 
(D) Chapter 56, Code of Criminal of Procedure. 
(15) Steps of evidence collection, for a total of not less than four hours, 
including the following topics: 
(A) Specimens obtained, based on gender and orifice penetrated; 
(B) Specimen collection, preparation and packaging: 
(i) Clothing evidence; 
(ii) Hair evidence; 
(iii) Bitemark evidence; 
(iv) Fingernail debris collection; 
(v) Debris collection; 
(vi) Swabs and smears (oral, vaginal, penile, rectal, and other dried fluids); 
(vii) Whole blood specimens; 
(viii) Saliva specimens; and 
(ix) Blood/urine toxicology studies. 
(C) Documentation of evidence collection; and 
(D) Chain-of-custody/ release of evidence. 
(16) Medical treatment for the adult sexual assault survivor, for a total of not 
less than one hour, including the following topics: 
(A) Sexually transmitted disease (STD) concerns and prophylactic medication 
based on Center for Disease Control (CDC) guidelines; and 
(B) Pregnancy exposure. 
(17) Local social services network, for a total of not less than 30 minutes, 
including referral resources available to survivors. 
(18) Child sexual assault, for a total of not less than one hour, including the 
following topics: 
(A) Orientation to the sexual abuse of children; 
(B) Profile of survivors with case studies; 
(C) Children at risk; and 
(D) Indicators of sexual assault: 
(i) Behavioral indicators; 
(ii) Physical indicators; and 
(iii) Sexual language. 
(19) Profile of offender, for a total of not less than one and one-half hours, 
including the following topics: 
(A) Typology; and 
(B) Thinking errors. 
(20) Methods used to abuse children, for a total of not less than 30 minutes, 
including the following topics: 
(A) Conditioning/grooming; and 
(B) Engagement phases. 
(21) Crisis intervention for children, for a total of not less than 30 minutes, 
including the following topics: 
(A) Communication skills/active listening skills; and 
(B) Appropriate and inappropriate responses. 
(22) Growth and development stages, for a total of not less than one hour, 
including the following topics: 
(A) Erickson's stages of development; 
(B) Freud's stages of development; and 
(C) Piaget's stages of development. 
(23) History-taking skills used with children, for a total of not less than one 
and one-quarter hours, including the following topics: 
(A) History-taking techniques/communication skills for the non-leading process; 
and 
(B) Key history-taking techniques. 
(24) Various examination positions for children, for a total of not less than 
one hour, including the following topics: 
(A) Multi-method approach for positioning the prepubescent child: 
(i) Supine; 
(I) Inspection; 
(II) Separation; and 
(III) Traction. 
(ii) Knee/chest. 
(B) Examination positions in correlation with Tanner Stages. 
(25) Interpretation of prepubescent genital findings in children, for a total of 
not less than two and one-half hours, including the topic of variations of 
prepubescent genitalia. 
(26) Evaluation of hymenal variations and identification of trauma, for a total 
of not less than one and one-half hours, including the following topics: 
(A) Types of hymens; 
(B) Variations regarding hymens; and 
(C) Hymenal injuries. 
(27) Evaluation of anal abnormalities in children, for a total of not less than 
one and one-half hours, including the following topics: 
(A) Anal dilatation; and 
(B) Anal injuries. 
(28) Evaluation of male sexual genitalia, for a total of not less than one hour, 
including the following topics: 
(A) Penis; 
(B) Scrotum; and 
(C) Injury identification. 
(29) Various stages of genital healing, for a total of not less than one hour, 
including the following topics: 
(A) Superficial regeneration; and 
(B) Deep injury repair. 
(30) Medical treatment/forensic implications of sexually transmitted diseases in 
children, for a total of not less than one and one-half hours, including the 
following topics: 
(A) CDC recommendations; 
(B) History/Symptomology; 
(C) Cultures; and 
(D) Chain-of-custody. 
(31) Benefit of multi-disciplinary approach for child sexual assault cases, for 
a total of not less than one hour, including the following topics: 
(A) Child advocacy; 
(B) Goals and mission; and 
(C) Case review process. 
(32) Colposcopic examinations of children, for a total of not less than one 
hour, including the following topics: 
(A) Orientation of colposcope and other magnifying equipment; and 
(B) Various photo documentation capabilities. 
(33) Laws specific to the reporting of child sexual abuse, for a total of not 
less than one hour, including the following topics: 
(A) Texas Penal Code; and 
(B) Texas Family Code. 
(34) Expert witness testimony, for a total of not less than three hours, 
including the following topics: 
(A) Personal presentation; 
(B) Roles and responsibilities; 
(i) trial; and 
(ii) preparation; 
(C) Factual vs expert witness testimony; 
(D) Rules of testimony; and 
(E) Diagraming technique. 
(35) Criminal trial procedure, for a total of not less than one-half hour, 
including the following topics: 
(A) Courtroom procedure; and 
(B) Role of defense and prosecution. 
(36) Testimony techniques, for a total of not less than four and one-half hours, 
including the topic of role-play in a courtroom setting. 

sec.62.27.Clinical Hours.
(a) The type of clinical hours will vary depending on the type of certification 
for which the registered nurse applies. RNs must complete classroom training 
before beginning their clinical hours. Clinical hours must be completed within 
eight months after completing the classroom hours. 
(b) Persons unable to meet clinical hours required in 62.27(a) may request, in 
writing, a waiver from the Director of Sexual Assault Prevention and Crisis 
Services (SAPCS) Division, OAG. 
(c) For the purpose of sexual assault examinations and clinical hours, adults 
and children are defined from a developmental perspective: 
(1) Adult A female who has began menses, and/or a male who has attained stage 
three of the Tanner Classification of Sexual Maturity; and 
(2) Child A female who is pre-menarcheal and/or a male pre-stage three of the 
Tanner Classification of Sexual Maturity. 
(d) An RN must complete a clinical experience of: 
(1) Twenty-four hours performing adult genital inspection and speculum 
examinations with preceptorship of a registered nurse, nurse practitioner or 
physician; 
(2) Twenty hours performing well-child exams with preceptorship of a registered 
nurse, nurse practitioner or pediatrician, with a focus on child development; 
and 
(3) Perform interdependently within the preceptorship of a credentialed SANE or 
physician with documentation of preceptor approval:
(A) Six sexual assault examinations using a collection kit (estimated time 17 
hours) on adults; 
(B) Ten sexual assault examinations (estimated time 15 hours) on children; and 
(C) Sixteen hours observing criminal trial proceedings. 
(e) Documentation of the completed clinical hours must be dated and signed by a 
supervising individual.

sec.62.29. Continuing Education/Skill Maintenance. 
(a) Continuing education acquired by SANEs who have qualified for currency of 
practice certification must be directly related to the medical and emotional 
issues of sexual assault survivors. Information provided during the initial 56-
hour training does not count as continuing education. 
(b) Continuing education hours that must be completed within a two-year cycle 
are: 
(1) Certified Adult SANE - Eight hours of education regarding the adult sexual 
assault survivor, and a minimum of eight evidence collection kits on adult 
survivors; and 
(2) Certified Pedi SANE -Sixteen hours of education regarding the child sexual 
assault survivor, eight hours of which must be demonstrated through a 
case/slides/peer review mechanism, and a minimum of 10 examinations on the child 
survivor, and 
(3) Certification for both Adult and Pedi SANE - four hours of education 
regarding the adult sexual assault survivor, and a minimum of eight evidence 
collection kits on adult survivors along with sixteen hours of education 
regarding the child sexual assault survivor, eight hours of which must be 
demonstrated through a case/slides/peer review mechanism, and a minimum of 10 
examinations on the child survivor. 
Figure: 1 TAC sec.62.29(3) 
(c) Accepted continuing education training is any training that is sponsored by 
the OAG, the Texas Association Against Sexual Assault (TAASA), the National 
Coalition Against Sexual Assault (NCASA), institutions of higher education 
(forensic or sensitivity courses), the International Association of Forensic 
Nurses (IAFN), the American Professional Society on the Abuse of Children 
(APSAC), or is delivered by a local sexual assault program that is funded by the 
OAG. RNs must receive certificates of attendance that include dates of 
attendance, hours accrued, name of sponsor, and their name. Certificates of 
attendance must be submitted to the OAG. Credit will not be given for continuing 
education hours if proof of attendance is not received.

sec.62.30. Appeals.
(a) The Certification Appeals Committee is appointed for a two-year period by 
the Director, Sexual Assault Prevention and Crisis Services Division, OAG, and 
will be made up of two OAG staff members and three certified SANEs in current 
practice in the state of Texas. The committee will meet as needed. The SAPCS 
Division, Director of Certification will facilitate the appeals committee. 
(b) A person appealing revocation of certification must submit, in writing, and 
submit to the SAPCS Division Director: 
(1) Reasons for requesting an appeal; 
(2) Extenuating circumstances; and 
(3) Justification for appeal. 
(c) The certification appeals committee must: 
(1) Notify the applicant, in writing, of the hearing date, twenty calendar days 
prior to the certification appeal hearing; 
(2) Review the original application; 
(3) Review the appeal letter; 
(4) Request any additional information as needed; 
(5) Hold a certification appeal hearing in Travis County, Texas; and 
(6) Meet as a group to finalize the decision and inform the applicant, in 
writing, within 30 days of the hearing. 

sec.62.31.Revocation of Certification.
The Currency of Practice certification may be revoked if the SAPCS Division of 
the OAG receives written complaints and/or documentation concerning: 
(1) RN's inability to maintain documentation of established criteria for 
certification; 
(2) Falsification of documentation; 
(3) Violation of patient confidentiality; 
(4) Random chart review demonstrating deviation from the OAG evidence collection 
protocol and/or local policy; 
(5) Felony conviction; or 
(6) Misdemeanor conviction for perjury or sex offense.

sec.62.32. Appeals Process for Revocation of Certification. 
(a) The revocation appeals committee and the certification appeals committee are 
the same committee. The revocations committee must receive written complaints 
and/or reports documenting policy violations. 
(b) A person appealing revocation of certification must submit, in writing, and 
submit to the SAPCS Division Director: 
(1) Reason an appeal is requested; 
(2) Extenuating circumstances; and 
(3) Justification for appeal. 
(c) The revocation appeals committee must: 
(1) Notify the SANE, in writing, of the hearing date, 20 calendar days prior to 
the revocation appeal hearing; 
(2) Review information supporting the allegations against the SANE; 
(3) Review the revocation appeal documentation; 
(4) Request any additional information as needed; 
(5) Hold a certification appeal hearing in Travis County, Texas; and 
(6) Meet as a group to finalize the decision and inform the applicant, in 
writing, within 30 days of the hearing. 
(d) The revocation of certification committee shall determine appeals and shall 
render decisions disposing of appeals of revocation of certification by ordering 
one of the following in each appeal process: 
(1) Revocation of certification; or 
(2) Granted the appeal. 
(e) An RN whose certification is revoked may reapply two years from the original 
application date. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810212
Sarah Shirley
Assistant Attorney General
Office of the Attorney General
Effective date: October 1, 1998
Proposal publication date: May 1, 1998
For further information, please call: (512) 475-4499

PART IV. Office of the Secretary of State
CHAPTER 91. Texas Register
SUBCHAPTER B. Electronic Filing Procedures
1 TAC sec.91.63
The Office of the Secretary of State adopts an amendment to sec.91.63, 
concerning Submission forms. The amendment adds a new TR-1 submission form for 
publishing notice of administrative rules review under the General 
Appropriations Act, House Bill 1, Article IX, Section 167, passed by the 75th 
Texas Legislature.
The new sections are adopted without change to the proposal as published in the 
May 22, 1998, Texas Register(23 TexReg 5381). 
The amendment complements new sections sec.sec.91.131, 91.133, 91.135, and 
91.137, concerning procedures for publishing notice of administrative rules 
review under Section 167. 
No comments were received regarding the amendment. 
The amendment is adopted under the Texas Government Code, sec.2002.017 which 
authorizes the Secretary of State to adopt rules to ensure the effective 
administration of the Texas Register, including the format of documents required 
to be filed for publication. 
The General Appropriations Act, House Bill 1, Article IX, Section 167, passed by 
the 75th Texas Legislature, is implemented by the proposal.  
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 1998.
TRD-9810116
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: July 14, 1998
Proposal publication date: May 22, 1998
For further information, please call: (512) 463-5562

SUBCHAPTER D. Administrative Rules Review
1 TAC sec.sec.91.131, 91.133, 91.135, 91.137
The Office of the Secretary of State adopts new sec.sec.91.131, 91.133, 91.135, 
and 91.137, concerning procedures for publishing notice of administrative rules 
review under the General Appropriations Act, House Bill 1, Article IX, Section 
167, passed by the 75th Texas Legislature. 
The new sections are adopted without change to the proposal as published in the 
May 22, 1998, Texas Register(23 TexReg 5382). 
The new sections establish a "Rules Review" section in the Texas Register. The 
Rules Review section will contain notices of agencies' plans to review rules and 
the notices that specify which chapters of existing rules are proposed for 
review or readoption under Section 167. The Rules Review section will contain no 
rule text. A new "Date of Review" will be added to each chapter in the Texas 
Administrative Code after an agency readopts chapters under these procedures. A 
new TR-1 submission for agencies to use in filing notices under these procedures 
is adopted under sec.91.63 of this title, relating to submission forms. 
The Texas Workers' Compensation Commission commented on sec.sec.91.135 and 
91.137, and recommended that paragraph (b)(3) in both sections be revised to 
define the scope of public comment during the rule review process. The Commenter 
said: "As proposed, this paragraph seems to require the invitation of comments 
on any aspect of the rule being reviewed. The rule review process as set out in 
Section 167 of the General Appropriations Act appears to envision a review 
limited to whether the reasons for adopting or readopting the rule continues to 
exist. To better reflect this legislative intent and avoid the imposition of a 
requirement which is not in Section 167, it is suggested that paragraph (b)(3) 
of the proposed rule be revised to read: 'a request for comments from any 
interested person regarding whether the reason for adoption or readoption of the 
chapter continues to exist...'." The commenter noted that Section 167 does not 
specify a requirement that public comments be summarized. "Summarizing extensive 
public comments on all aspects of the rule being reviewed does not limit the 
public comment in any way....Summarizing extensive public comment could create a 
great workload for some agencies...." The Workers' Compensation Commission 
recommended that sec.91.137(b)(3) be revised to read: "a summary of public 
comments regarding whether or not the reason for adopting or readopting the rule 
continues to exist...." 
The Office of the Secretary of State disagrees that sec.sec.91.135 and 91.137 
will prohibit a state agency from limiting the scope of its invitation for 
comments and its summary of comments. These rules make no determination 
concerning the "legislative intent" suggested by the commenter. The proposed 
preamble to these rules (23 TexReg 5282) specified that "Section 167 provides no 
new rulemaking authority to the Secretary of State to interpret or implement the 
law." These rules are adopted as a procedure for agencies to follow to comply 
with notice requirements in Section 167. It is the responsibility of each agency 
to determine the scope and content of its notices. This is specified in 
paragraph (b)(4) in sec.sec.91.135 and 91.137, which reads, "any other statement 
that an agency determines is required by law or explains the agency's 
intentions." If an agency determines that Section 167 means that public comments 
shall be limited in scope, these rules permit an agency to make that 
declaration.
The new sections are adopted under the Texas Government Code sec.2002.017 and 
sec.2002.055, which authorize the Secretary of State to adopt rules to ensure 
the effective administration of the Texas Register and the Texas Administrative 
Code, including the format of documents required to be filed for publication. 
The General Appropriations Act, House Bill 1, Article IX, Section 167, passed by 
the 75th Texas Legislature, is implemented by the proposal. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 1998.
TRD-9810117
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: July 14, 1998
Proposal publication date: May 22, 1998
For further information, please call: (512) 463-5562

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 7.Pesticides
SUBCHAPTER C.Licensing
4 TAC sec.7.22
The Texas Department of Agriculture (the department) adopts an amendment to 
sec.7.22, concerning the licensing of pesticide applicators, without changes to 
the proposal published in the April 24, 1998, issue of the Texas Register (23 
TexReg 3974). The department adopts the amendment to sec.7.22 to allow 
governmental employees to qualify for the department's pesticide applicator 
certification through an exempt testing fee program. The amendment exempts from 
payment of testing fees certain employees of political subdivisions of the state 
of Texas or of a federal agency operating in Texas who utilize the license in 
the course of their employment. The exemption will allow for more accurate and 
efficient service from governmental employees who work with pesticide products 
during their employment. 
No comments were received on the proposal. 
The amendment is adopted under the Texas Agriculture Code, sec.76.106, which 
provides the department with the authority to classify licenses, establish 
testing requirements and fix and collect a fee for testing in each license 
category. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 1998.
TRD-9810101
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 14, 1998
Proposal publication date: April 24, 1998
For further information, please call: (512) 463-7541

TITLE 19. EDUCATION
PART II. Texas Education Agency
CHAPTER 61.School Districts
The Texas Education Agency (TEA) adopts the repeal of sec.sec.61.11-61.14 and 
new sec.61.1033, concerning standards for the adequacy of school facilities, 
without changes to the proposed text published in the March 27, 1998, issue of 
the Texas Register (23 TexReg 3151). The sections include requirements related 
to space, educational adequacy, and construction quality.
Texas Education Code (TEC), sec.42.352, as added by Senate Bill 1, 74th Texas 
Legislature, 1995, directed the State Board of Education to establish standards 
for the adequacy of school facilities that included requirements relating to 
space, educational adequacy, and construction quality. TEC, sec.46.008, as added 
by House Bill 4, 75th Texas Legislature, 1997, directs the commissioner of 
education to establish rules relative to school facilities standards that 
include those same requirements related to space, educational adequacy, and 
construction quality. School facilities that are constructed after September 1, 
1998, must meet these standards to be financed with state or local funds. Due to 
the conflicting statutory authority and the fact that TEC, sec.46.008, was the 
latest action taken by the Texas Legislature regarding school facility 
standards, the TEA legal counsel recommends that 19 Texas Administrative Code 
(TAC) Chapter 61, Subchapter B, School Facilities Standards, be adopted for 
repeal, and that new 19 TAC sec.61.1033 be adopted containing the same language 
as in 19 TAC Chapter 61, Subchapter B. The effective date of the adopted repeals 
will be coordinated with the effective date of the new section concerning school 
facility standards so that there will be no overlap of rules.
The following comment was received regarding adoption of the new section. 
Comment. One individual commented on current rules for school facilities 
standards, which were adopted for repeal. The individual recommended 
modification of the rules to increase the square footage per student for science 
classroom and laboratory space at the middle and high school levels. The 
individual's recommendation also contained an effective class size limit. 
Agency Response. The agency has considered this comment and plans to propose an 
amendment to this commissioner's rule at a later date after collecting full 
public comments on the change in square footage per student. This action is 
taken to provide timely compliance with a statutory requirement to adopt new 
rules by September 1, 1998. The agency does not plan to propose class size 
limits for the areas suggested by the individual, since such limits appear to be 
beyond the authority of the commissioner in establishing standards for school 
facilities. 

SUBCHAPTER B.School Facilities Standards
19 TAC sec.sec.61.11-61.14
The repeals are adopted under Texas Education Code, sec.46.008, as added by 
House Bill 4, 75th Texas Legislature, 1997, which authorizes the commissioner of 
education to establish standards for the adequacy of school facilities. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810228
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1998
Proposal publication date: March 27, 1998
For further information, please call: (512) 463-9701

SUBCHAPTER CC.Commissioner's Rules Concerning School Facilities
19 TAC sec.61.1033
The new section is adopted under Texas Education Code, sec.46.008, as added by 
House Bill 4, 75th Texas Legislature, 1997, which authorizes the commissioner of 
education to establish standards for the adequacy of school facilities.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810229
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: September 1, 1998
Proposal publication date: March 27, 1998
For further information, please call: (512) 463-9701

TITLE 22. EXAMINING BOARDS
PART VI. Texas Board of Professional Engineers
CHAPTER 131.Practice and Procedure
SUBCHAPTER A.Bylaws and Definitions
22 TAC sec.131.18
The Texas Board of Professional Engineers adopts an amendment to sec.131.18, 
concerning bylaws and definitions, without changes to the proposed text as 
published in the April 24, 1998, issue of the Texas Register (23 TexReg 3991).
The amendment is being adopted to clarify that a resident of Texas may be 
someone who is practicing engineering in Texas exclusively on a Texas facility 
owned by that person's employer. 
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810259
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 19, 1998
Proposal publication date: April 24, 1998
For further information, please call: (512) 440-7723

SUBCHAPTER B.Application for License
22 TAC sec.131.52
The Texas Board of Professional Engineers adopts an amendment to sec.131.52, 
concerning application for license, without changes to the proposed text as 
published in the April 24, 1998, issue of the Texas Register (23 TexReg 3991).
The amendment is being adopted to consolidate all the engineering branches 
recognized by the board in one rule and denote software engineering as a new 
branch designation. 
Comments were received regarding adoption of the amendment.
Seven individuals provided only favorable comments; four raised concerns. Among 
the concerns discussed were the lack of ethics education and design education 
within some academic programs leading to a software engineering career. Also 
discussed was the relationship of engineering academic accreditation to computer 
science academic accreditation. The board also discussed the "body of knowledge" 
within which software engineering is founded. It was the board's consensus that 
the issues raised were identical to issues addressed during the individual 
evaluation of any applicant under the existing licensing process. Therefore, the 
rule as proposed appeared to be adequate to provide proper protection to the 
public during the licensing process. 
The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810260
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 19, 1998
Proposal publication date: April 24, 1998
For further information, please call: (512) 440-7723

SUBCHAPTER F.Examinations
22 TAC sec.131.101
The Texas Board of Professional Engineers adopts an amendment to sec.131.101, 
concerning examinations, without changes to the proposed text as published in 
the April 24, 1998, issue of the Texas Register (23 TexReg 3992). 
The amendment is being adopted to establish a waiver from the Fundamentals of 
Engineering examination for individuals who meet certain educational 
requirements.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810261
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 19, 1998
Proposal publication date: April 24, 1998
For further information, please call: (512) 440-7723

SUBCHAPTER G.Board Review of Application
22 TAC sec.131.114, sec.131.116
The Texas Board of Professional Engineers adopts amendments to sec.131.114 and 
sec.131.116, concerning board review of application, without changes to the 
proposed text as published in the April 24, 1998, issue of the Texas Register 
(23 TexReg 3992). 
The amendments are being adopted to require that an applicant will be scheduled 
to appear before the full board for an interview instead of appearing before the 
licensing committee and to remove the branch designation listed in sec.131.116 
as the branch designations are being consolidated in sec.131.52 which is being 
adopted in this issue of the Texas Register
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article 3271a, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810262
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 19, 1998
Proposal publication date: April 24, 1998
For further information, please call: (512) 440-7723

SUBCHAPTER I.Professional Conduct and Ethics
22 TAC sec.131.155
The Texas Board of Professional Engineers adopts an amendment to sec.131.155, 
concerning professional conduct and ethics, with changes to the proposed text as 
published in the April 24, 1998, issue of the Texas Register (23 TexReg 3993). 
The amendment is being adopted to define inappropriate behaviors and clarify an 
engineer's conduct with regard to the personal reputation and retaliation under 
engineer's responsibility to the profession. 
Subsection (b)(4) is adopted with changes to further clarify that 
misrepresentation in billing must be intentional. 
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), 
which provide the Texas Board of Professional Engineers with the authority to 
promulgate rules in accordance with Senate Bill 623. 

sec.131.155.Engineers' Responsibility to the Profession.
(a) (No change.) 
(b) The engineer shall: 
(1)-(3) (No change.) 
(4) conduct engineering and related business affairs in a manner that is 
respectful of the client, involved parties, and employees. Inappropriate 
behaviors or patterns of inappropriate behaviors may include, but are not 
limited to, misrepresentation in billing; unprofessional correspondence or 
language; sale and/or performance of unnecessary work; or conduct that harasses 
or intimidates another party. 
(c) The engineer shall not: 
(1) (No change.) 
(2) maliciously injure or attempt to injure or damage the personal or 
professional reputation of another by any means. This does not preclude an 
engineer from giving a frank but private appraisal of engineers or other persons 
or firms when requested by a client or prospective employer; 
(3) retaliate against a person who provides reference material for an 
application for a license or who in good faith attempts to bring forward an 
allegation of wrongdoing; 
(4)-(7) (No change.) 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810263
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: July 19, 1998
Proposal publication date: April 24, 1998
For further information, please call: (512) 440-7723

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 169.Zoonosis Control
SUBCHAPTER A.Rabies Control and Eradication
25 TAC sec.sec.169.21-169.24, 169.26-169.31, 169.33-169.34
The Texas Department of Health (department) adopts amendments to sec.sec.169.21-
169.24, sec.sec.169.26-169.31, and sec.sec.169.33-169.34, concerning rabies 
control. Sections 169.22, 169.26-169.27, and 169.33 are adopted with changes to 
the proposed text as published in the January 30, 1998, issue of the Texas 
Register (23 TexReg 712). Sections 169.21, 169.23-169.24, 169.28-169.31, and 
169.34 are adopted without changes to the proposed text and therefore these 
sections will not be republished. 
Specifically, the amendments define assistance and therapy dogs; add 
requirements for humane and sanitary conditions of animal quarantine 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. 
The department made minor changes due to staff comments to clarify the intent 
and improve the accuracy of two sections. 
Change: Concerning sec.169.27(f), the phrase "or suitably confined" was added in 
order to give the local rabies control authority an option other than quarantine 
for dealing with animals, such as livestock, that are involved in a bite 
incident. 
Change: Section 169.33 was modified to clarify that rabies submission forms need 
to be placed on top of the Styrofoam container if the container is shipped 
inside a cardboard box. 
The following comments were received concerning the proposed sections. Following 
each comment is the department's response and any resulting change(s).
Comment: Concerning sec.169.22, 249 commenters recommended deleting the 
definition of "animal shelter" because they feared outside groups would use it 
in an attempt to close down individuals providing animal rescue and shelter in 
their homes. 
Response: The department agrees with the recommendation because the same 
definition for "animal shelter" is already provided under Texas Health and 
Safety Code sec.823.001. The definition "animal shelter" is being deleted from 
sec.169.22. 
Comment: Concerning sec.169.26, 249 commenters recommended deleting the phrase 
"or sheltering" from the section title because they feared outside groups would 
use it in an attempt to close down individuals providing animal rescue and 
shelter in their homes. 
Response: The department agrees with the recommendation because the phrase was 
only added to provide clarification as to which section on housing and 
sanitation standards must be met by animal shelters as mandated under Texas 
Health and Safety Code sec.823.003. The phrase "or sheltering" is being deleted 
from the section title of sec.169.26. 
Comment: Concerning sec.169.26, one commenter recommended adding "garbage" to 
the mechanisms for removing animal excreta from a housing facility to make it 
possible for animal shelters in homes to meet the standards. 
Response: The department agrees and has added the text "or garbage" to 
sec.169.26(a)(4). 
Comment: Concerning sec.169.26, one commenter recommended that providing clean, 
dry bedding material be included as an alternative to providing auxiliary heat 
when temperatures drop below 50 degrees Fahrenheit to make it possible for 
animal shelters in homes to meet the standards. 
Response: The department agrees with providing this alternative mechanism for 
providing adequate protection from the elements to animals in shelters when 
temperatures drop below 50 degrees Fahrenheit and has added the phrase "or 
clean, dry bedding" and the sentence "If bedding material is used, larger 
quantities should be used as temperatures drop." to sec.169.26(8). 
Comment: Concerning sec.169.26(9), one commenter recommended that fans or air 
conditioning only be required for indoor facilities, not outdoor facilities.
Response: The department agrees with this clarification and has modified the 
text in sec.169.26(9) to require use of fans or air conditioning "in indoor 
facilities" specifically. 
The following associations commented on each section as follows: 
Commenters generally opposed to sec.169.22 as proposed were Alaskan Malamute 
Rescue of North Texas, Inc., Responsible Pet Owners Alliance, Inc., Highland 
Lakes Basset Hound Association, North Texas Boston Terrier Club, Inc., Pets USA, 
Siegreich Danes, North Texas Boston Terrier Rescue, Goldust Labrador Retrievers, 
Greyhound Rescue Society of Texas, Inc., Coalition of Responsible Animal Owners 
of Texas, Worldtravel Partners, German Shepherd Dog Club of America, San Antonio 
Area Ferret Enthusiasts, Fila Brasileiro Club of America, The Cat Fancier's 
Association, Inc., Holidawg Pet Resort, The O'Hara Group, Animal Trustees of 
Austin, Inc., Irish Setter Club of San Antonio, National Saluki Rescue Network, 
North Texas Basset Hound Rescue, Inc. Irish Setter Club of Greater Dallas, The 
Animal Council, German Shepherd Rescue, Greyhound Pets of America, Doberman 
Rescue of North Texas, Inc., Central Texas S.P.C.A., American Dog Owners 
Association, Inc., and American Kennel Club. 
Commenters generally opposed to sec.169.26 as proposed were Alaskan Malamute 
Rescue of North Texas, Inc., Responsible Pet Owners Alliance, Inc., Highland 
Lakes Basset Hound Association, North Texas Boston Terrier Club, Inc., Pets USA, 
Siegreich Danes, North Texas Boston Terrier Rescue, Goldust Labrador Retrievers, 
Greyhound Rescue Society of Texas, Inc., Coalition of Responsible Animal Owners 
of Texas, Worldtravel Partners, German Shepherd Dog Club of America, San Antonio 
Area Ferret Enthusiasts, Fila Brasileiro Club of America, The Cat Fancier's 
Association, Inc., Holidawg Pet Resort, The O'Hara Group, Animal Trustees of 
Austin, Inc., Irish Setter Club of San Antonio, National Saluki Rescue Network, 
North Texas Basset Hound Rescue, Inc., Irish Setter Club of Greater Dallas, The 
Animal Council, German Shepherd Rescue, Greyhound Pets of America, Doberman 
Rescue of North Texas, Inc., Central Texas S.P.C.A., American Dog Owners 
Association, Inc., and American Kennel Club. All commentors were not against the 
rules in their entirety, however, they expressed concerns, asked questions and 
suggested recommendations for change. 
The amendments are adopted 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. 

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. 
(1) Animal--Any mammal, domesticated or wild. 
(2) Assistance dog - A dog that is specially trained or equipped to help a 
person with a physical challenge and that: 
(A) 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 
(B) 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. 
(3) Cat - Any Felis catus
(4) Currently vaccinated - Vaccinated and satisfying the following criteria. 
(A) The animal must have been vaccinated against rabies as prescribed by the 
United States Department of Agriculture (USDA). 
(B) At least 30 days have elapsed since the initial vaccination.
(C) Not more than 12 months have elapsed since the most recent vaccination. 
(5) Custodian--A person or agency which feeds, shelters, harbors, has possession 
or control, or has the responsibility to control an animal. 
(6) Department--The Texas Department of Health (TDH).
(7) Dog--Any Canis familiaris, including hybrids. 
(8) Domestic animal--Any animal normally adapted to live in intimate association 
with humans or for the advantage of humans. 
(9) Domestic dog--Any Canis familiaris, excluding hybrids.
(10) Domestic ferret--Any Mustela putorius furo. 
(11) High risk animals--Those animals which have a high probability of 
transmitting rabies; they include skunks, bats, species of foxes indigenous to 
North America, coyotes, and raccoons. 
(12) Housing facility--Any room, building, or area used to contain a primary 
enclosure or enclosures. 
(13) Humanely killed--To cause the death of an animal by a method which: 
(A) rapidly produces unconsciousness and death without visible evidence of pain 
or distress; or 
(B) utilizes anesthesia produced by an agent which causes painless loss of 
consciousness, and death following such loss of consciousness.
(14) Hybrid--Any offspring of two animals of different species. 
(15) Impoundment - The collecting and confining of an animal because of a state 
or local ordinance. 
(16) Isolation--The separation of an animal exposed or potentially exposed to 
rabies. 
(17) Local health authority--The officer designated by the municipal or county 
governing body under Texas Civil Statutes, Article 4477-6a, sec.2.02. 
(18) Local rabies control authority--The officer designated by the municipal or 
county governing body under the Texas Health and Safety Code, Chapter 826. 
(19) Low risk animals--Those which have a low probability of transmitting 
rabies; they include all animals of the orders Marsupialia, Insectivora, 
Rodentia, Lagomorpha, and Xenarthra.
(20) 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, cats, and domestic ferrets (only) is 10 days (240 hours); the 
observation period for other animals, not including those defined as high risk 
or low risk, is 30 days. 
(21) Police dog--Domestic dog that is owned or employed by a governmental law 
enforcement agency. 
(22) Primary enclosure--Any structure used to immediately restrict an animal or 
animals to a limited amount of space, such as a room, pen, run, cage, 
compartment, or hutch. 
(23) Public health region--A contiguous group of Texas counties, so designated 
by the board. 
(24) Quarantine facility--A structure where animals are held for rabies 
observation. 
(25) Quarantine period--That portion of the observation period during which a 
biting animal is physically confined for observation as provided for in 
sec.169.27 of this title (relating to Quarantine Method and Testing). 
(26) Sanitize--To make physically clean and to destroy disease-producing agents. 
(27) Therapy dog - 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. 
(28) Unowned animal--Any animal for which an owner has not been identified. 
(29) Vaccinated--Properly injected by a licensed veterinarian with a rabies 
vaccine licensed for use in that species by the United States Department of 
Agriculture. 
(30) Zoonosis Control Division (ZCD)--The division within the Texas Department 
of Health to which the responsibility for implementing these rules is assigned. 
(31) Zoonosis control representative--Any person employed by the ZCD. 

sec.169.26. Facilities for the Quarantining 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. 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, 
septic systems, or garbage. 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. 
(5)-(6) ( No change.) 
(7) 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. 
(8) Heating. Adequate shelter shall be provided to protect animals from any form 
of cold or inclement weather and direct effects of wind, rain, or snow. 
Auxiliary heat or clean, dry bedding material shall be provided any time the 
ambient temperature falls below 50 degrees Fahrenheit (10 degrees Celsius) for 
more than four consecutive hours when animals are present. If bedding material 
is used, larger quantities should be used as temperatures drop. 
(9) Cooling and Ventilation. Adequate shelter shall be provided to protect 
animals from any form of overheating and direct rays of the sun. 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. Auxiliary ventilation, such as fans or air conditioning, 
shall be provided in indoor facilities when the ambient temperature is 85 
degrees Fahrenheit (29.5 degrees Celsius) or higher. 
(10) Lighting. Housing facilities shall have ample light of sufficient intensity 
to permit routine inspection and cleaning. Primary enclosures shall be situated 
to protect the animals from excessive illumination.
(11) Construction. Housing facilities must be constructed in such a manner that 
they will protect the animal and not create a health risk or public nuisance. 
The building surfaces shall be constructed and maintained so that they are 
impervious to moisture and may be readily sanitized. Floors shall be made of 
durable, nonabsorbent material. 
(12) Primary enclosures. Primary enclosures shall: 
(A) be structurally sound and maintained in good repair; 
(B) provide convenient access to clean food and water; 
(C) enable the animal to remain dry and clean; 
(D) be constructed and maintained so that they are impervious to moisture and 
may be readily sanitized; 
(E) be constructed so as to protect the animal's feet and legs from injury; and 
(F) provide sufficient space to allow each animal to turn around fully, stand, 
sit, and lie in a comfortable normal position. 
(b) Feeding. 
(1) Dogs and cats shall be fed at least once a day except as 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. Food 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 feeding dry pet foods and 
shall be kept clean and sanitary. 
(c) 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. Water receptacles shall be kept 
clean and sanitary. 
(d) Sanitation. 
(1) Cleaning of primary enclosures. Excreta shall be removed from primary 
enclosures as often as necessary to prevent contamination of the inhabitants, 
but not less than daily. 
(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. 
(e) 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 domestic ferret which has bitten a human has 
been identified, the owner or custodian will be required to place the animal in 
quarantine until the end of the 10-day observation period. Unvaccinated animals 
should not be vaccinated against rabies during the observation period; however, 
animals may be treated for unrelated medical problems diagnosed by a 
veterinarian. The observation period will begin at the time of the bite 
incident. 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. The animal must be placed in a department licensed facility specified by 
the local rabies control authority and observed at least twice daily. However, 
the local rabies control authority may allow the animal to be placed in a 
veterinary clinic. As an alternative, the local rabies control authority may 
allow home quarantine if the following criteria can be met. 
(1) A secure enclosure approved by the local rabies control authority must be 
used to prevent escape. 
(2) The animal has been vaccinated against rabies 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. 
(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. 
(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. A suitable specimen (head with brain 
intact or brain) shall be submitted to a department certified laboratory for 
rabies diagnosis as specified in subsection (h) of this section.
(c) If the biting animal is a high risk animal, it shall be humanely killed and 
a suitable specimen submitted for rabies testing as specified in subsection (h) 
of this section. 
(d) If the biting animal is a low risk animal, neither quarantine nor rabies 
testing 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 a suitable specimen submitted for rabies testing as specified in subsection 
(h) of this section. 
(e) The local rabies control authority may require an animal which has inflicted 
multiple bite wounds, punctures, or lacerations to a person to be humanely 
killed and a suitable specimen submitted for rabies testing as specified in 
subsection (h) of this section. 
(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 a suitable 
specimen submitted for rabies testing as specified in subsection (h) of this 
section or the local rabies control authority may require the animal to be 
quarantined or suitably confined for the 30-day observation period as an 
alternate method to killing and testing. 
(g) Any animal required to be quarantined under this section, which cannot be 
maintained in a secure quarantine, shall be humanely killed and a suitable 
specimen submitted for rabies testing as specified in subsection (h) of this 
section. 
(h) 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).
(i) At the discretion of the local rabies control authority, currently 
vaccinated assistance, therapy, and police dogs may not be required to be placed 
in quarantine during the observation period.

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) The head of the suspect animal 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. 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. 
(3) The head shall be immediately chilled to between 45 degrees Fahrenheit and 
32 degrees Fahrenheit either in a refrigerator or by packing for shipping with 
sufficient amounts of refrigerants in the container. The head 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. 
(B) The shipping (outer) container. 
(i)-(iii) (No change.) 
(iv) 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. Submission 
form(s) shall be placed in a water-proof bag on top of the Styrofoam container 
inside the cardboard box. If a combination of a Styrofoam container and 
cardboard box is not used, the form(s) shall be placed on top of the packing 
material inside the outer container. 
(v) Labeling on the outside of the shipping container shall be legible and 
include: 
(I) name, address, and telephone 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, (512) 458-7515, or 
(512) 458-7318 (after hours). 
(B)-(D) (No change.)
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 22, 1998.
TRD-9809944
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: July 12, 1998
Proposal publication date: January 30, 1998
For further information, please call: (512) 458-7236

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 3.Income Assistance Services
The Texas Department of Human Services (DHS) adopts amendments to sec.3.704, 
sec.3.705, and sec.3.902 in its Income Assistance Services chapter. The 
amendments to sec.3.704 and sec.3.902 are adopted with changes to the proposed 
text published in the May 22, 1998, issue of the Texas Register (23 TexReg 
5385). The amendment to sec.3.705 is adopted without changes to the proposed 
text and will not be republished.
The justification for the amendments is to comply with an agency initiative and 
the Program Simplification Workgroup on the simplification of certain income and 
resources in the Temporary Assistance for Needy Families (TANF) and Medical 
programs.
The amendments will function by ensuring that TANF policies will be made 
compatible with the current Food Stamp policies. 
The department received no comments regarding adoption of the amendments, but 
has initiated minor editorial changes to sec.3.704(a) by making "Service" 
plural, and to sec.3.902(a)(8) by changing the phrase "as specified in 
subsection (b)(2)" to "as specified in subsection (b)(3)." 

SUBCHAPTER G.Resources
40 TAC sec.3.704, sec.3.705
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which provides the department with the authority to administer public 
and financial assistance programs. 
The amendments implement the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.0325. 

sec.3.704.Types of Resources.
(a) Temporary Assistance for Needy Families (TANF) -- Countable Resources. The 
Texas Department of Human Services (DHS) counts the following resources in TANF: 
(1) Individual retirement accounts (IRAs). DHS counts IRAs as resources, even if 
there is a penalty for early withdrawal. DHS deducts the early withdrawal 
penalty and counts the remainder as a resource; 
(2) Keogh Plans. DHS counts Keogh Plans as resources, even if there is a penalty 
for early withdrawal, and counts the remainder as a resource. DHS does not count 
Keogh Plans as resources if there is a contractual withdrawal agreement among 
other people who are not household members who share the same fund. DHS 
considers this an inaccessible resource; 
(3) Liquid resources. DHS counts liquid resources which are readily negotiable 
unless they are excluded in subsection (b)(9) of this section. Examples include 
cash, checking or savings accounts, savings certificates, stocks or bonds;
(4) Nonliquid resources. DHS counts nonliquid resources such as personal 
property, licensed and unlicensed vehicles, buildings, land, and any other 
property not specifically exempt; and 
(5) Real property. DHS counts the value of real property unless otherwise 
exempt. 
(b) Temporary Assistance for Needy Families (TANF) -- Excludable Resources. DHS 
excludes the following resources in TANF: 
(1) Burial plot. DHS exempts all burial plots owned by household members. 
(2) Crime victim payments. DHS exempts payments received from crime victims 
compensation programs. 
(3) Disability payments. DHS exempts disability payments resulting from Agent 
Orange Settlement Agreements or the Radiation Exposure Compensation Act. 
(4) Earned income tax credit (EITC). DHS exempts EITC payments as follows: 
(A) for applicants, EITC payments are exempt for the month the payment is 
received and for the following months; and 
(B) for ongoing recipients, EITC payments are exempt the month of receipt and 
the following 11 months. 
(5) Homestead. DHS exempts the usual residence and surrounding property which is 
not separated by property owned by others. 
(A) The exemption remains in effect if the surrounding property is separated 
from the home by public right of way, such as roads. 
(B) The homestead exemption applies to only one house on the property. 
(C) The home and surrounding property remain exempt when temporarily unoccupied 
for reasons of employment, training for future employment, illness, casualty, or 
natural disaster and the household intends to return. 
(D) DHS counts the proceeds from the sale of a homestead as an available 
resource. 
(6) Inaccessible resources. DHS exempts cash values of resources that are not 
legally available to the household. 
(7) Income-producing property. DHS exempts personal possessions retained for 
business purposes and those necessary for the maintenance of vehicles exempted 
as income-producing property or necessary for transporting a physically disabled 
household member as an available resource. 
(8) Life insurance. DHS exempts the cash value of life insurance policies. 
(9) Liquid resources. DHS excludes liquid resources resulting from earned income 
of a child as specified in Human Resources Code sec.31.0031, for clients who are 
not members of the State Welfare Reform Control Group described in sec.3.6004 of 
this title (relating to Applicability of Aid to Families with Dependent Children 
(AFDC) Policies Resulting from Human Resources Code sec.31.0031, Dependent 
Child's Income; Human Resources Code sec.31.012, Mandatory Work or Participation 
in Employment Activities Through the Job Opportunities and Basic Skills Training 
Program; Human Resources Code sec.31.014, Two-Parent Families; and Human 
Resources Code sec.31.032, Investigation and Determination of Eligibility). 
(10) Lump sum payments. DHS counts income tax refunds as resources as stipulated 
in 45 Code of Federal Regulations sec.233.20(a)(3)(iv)(E) effective on August 1, 
1996, and the Social Security Act as amended by Title I of Public Law 104-193, 
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 
(11) Prepaid burial insurance. DHS exempts one prepaid burial insurance policy, 
prepaid funeral plan, or prepaid funeral agreement with a cash value of $1,500 
or less for each member of the certified group. 
(12) Personal possessions. DHS exempts personal possessions such as clothing, 
jewelry, furniture, livestock, and farm equipment, if used to meet personal 
needs essential for daily living. 
(13) Reimbursements. DHS counts reimbursements as a resource in the month after 
receipt, but exempts reimbursements for repairing or replacing a lost or damaged 
resource which would not otherwise affect eligibility if the applicant uses the 
reimbursement for the intended purpose. 
(14) Resources of an alien's sponsor. DHS determines the sponsor's countable 
resources in the same manner as the applicant's. DHS reduces the total value of 
the sponsor's resources by $1,500 and considers the remainder available to the 
alien. 
(15) Resources exempted by federal law. DHS exempts government payments by the 
Individual and Family Grant Program or the Small Business Administration 
provided to rebuild a home or replace personal possessions damaged in a 
disaster, if the household is subject to legal sanction if the funds are not 
used as intended. DHS exempts payments made under the following Acts: 
(A) Alaska Native Claims Settlement Act (Public Law 92-203, as amended by Public 
Law 100-241); 
(B) Sac and Fox Indian Claims Agreement; 
(C) Grand River Band of Ottawa Indians; 
(D) Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet 
Indians received according to the Maine Indian Claims Settlement Act of 1980; 
(E) Confederated Tribes and Bands of the Yakima Indian National and the Apache 
Tribe of the Mescalero Reservation received from the Indian Claims Commission; 
(F) Seneca Nation Settlement Act of 1990 (Public Law 101-503); 
(G) DHS exempts payments from Indian lands held jointly with the tribe or land 
that can be sold only with approval of the Bureau of Indian Affairs; 
(H) Navajo or Hopi Tribes (Public Law 93-531); 
(I) DHS exempts reimbursements from the Uniform Relocation Assistance and Real 
Properties Acquisition Policy Act of 1970; and 
(J) DHS exempts payments or allowances made under any federal law for the 
purpose of energy assistance. 
(16) Retirement accounts. DHS exempts money in retirement, vested retirements, 
and 401K accounts, even if it is accessible with a penalty. 
(17) Vehicles used for transportation. 
(A) For clients who are members of the State Welfare Reform Control Group 
described in sec.3.6004 of this title, (relating to Applicability of Aid to 
Families with Dependent Children (AFDC) Policies Resulting from Human Resources 
Code sec.31.0031, Dependent Child's Income; Human Resources Code sec.31.012, 
Mandatory Work or Participation in Employment Activities Through the Job 
Opportunities and Basic Skills Training Program; Human Resources Code 
sec.31.014, Two-Parent Families; and Human Resources Code sec.31.032, 
Investigation and Determination of Eligibility), DHS exempts the value of one 
vehicle owned and used by the certified group for transportation if the equity 
is less than $1,500. If the equity exceeds $1,500, DHS counts the excess as a 
resource. DHS counts the equity of all other vehicles. 
(B) For all other TANF clients, DHS exempts licensed vehicles as specified in 
Human Resources Code sec.31.032(d)(2). 
(c)-(d) (No change.) 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810147
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 15,1998
Proposal publication date: May 22, 1998
For further information, please call: (512) 438-3765

SUBCHAPTER I.Income
40 TAC sec.3.902
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which provides the department with the authority to administer public 
and financial assistance programs. 
The amendment implements the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.0325.

sec.3.902.Types of Income.
(a) Temporary Assistance for Needy Families (TANF) -- Countable Income. The 
Texas Department of Human Services (DHS) counts the following as income: 
(1) (No change.) 
(2) cash gifts and contributions. DHS counts these as income, unless they are 
made by a private, nonprofit organization on the basis of need and total $300 or 
less per household in a federal fiscal quarter; 
(3)-(7) (No change.) 
(8) disqualified legal parent. DHS counts the income of a legal parent 
disqualified for noncompliance with social security number requirements, third 
party resource requirements, intentional program violations, child support 
requirements, employment services requirements or failure to report temporary 
absence of a child using regular budgeting policy and allowing an exclusion for 
diverted income only as specified in subsection (b)(3) of this section. DHS 
counts the income of a parent(s) disqualified because of alien status as 
specified in 45 Code of Federal Regulation (CFR) sec.233.50(c) effective on 
August 1, 1996, and the Social Security Act as amended by Title I of Public Law 
104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, citizenship requirements as specified in sec.3.603(a) of this title 
(relating to Disqualification because Verification of Citizenship Is Pending), 
or exhaustion of time limits as specified in sec.3.501(b)(3) of this title 
(relating to Aid to Families with Dependent Children (AFDC) and Food Stamp 
Household Determination). The income of such a parent is counted as specified in 
45 CFR sec.233.20(a)(3)(B)(vi) effective on August 1, 1996, and the Social 
Security Act as amended by Title I of Public Law 104-193, the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996; 
(9) dividends; 
(10) government-sponsored programs; 
(11) interest, dividends, royalties; 
(12) (No change.) 
(13) noneducational grants; 
(14) Nonrecurring Lump Sum Payments. DHS counts lump sum payments as income as 
stipulated in 45 Code of Federal Regulations sec.233.20(a)(3)(ii)(F) effective 
on August 1, 1996, and the Social Security Act as amended by Title I of Public 
Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996, except when shortening the period of ineligibility. For this procedure 
DHS shortens the ineligibility period only if: 
(A)-(B) (No change.) 
(15)-(16) (No change.) 
(17) pensions; 
(18) retirement, survivors and disability income (RSDI); 
(19) reimbursement. DHS counts reimbursements as income unless the reimbursement 
is irregular and unpredictable or the reimbursement is for a special item not 
included in DHS's standard of need; 
(20) retirement benefits; 
(21) royalties; 
(22) self-employment income. DHS counts self-employment income according to 
requirements in 45 Code of Federal Regulations sec.233.20(a)(6)(v)(B) effective 
on August 1, 1996, and the Social Security Act as amended by Title I of Public 
Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996; 
(23) stepparents. DHS counts stepparents' income according to requirements in 45 
Code of Federal Regulations sec.233.20(a)(3)(xiv) effective on August 1, 1996, 
and the Social Security Act as amended by Title I of Public Law 104-193, the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, except 
for stepparent budgeting as stipulated in the Omnibus Budget Reconciliation Act 
of 1993; 
(24) trust funds. DHS counts as income trust withdrawals or dividends which 
could be received by the applicant; 
(25) unemployment compensation; 
(26) veterans' benefits. DHS counts veterans' benefits as income but exempts 
benefits that meet a special need not included in DHS's standard of need; 
(27) wages, salaries, and commissions received in cash or in kind. DHS exempts 
wages, salaries, and commissions received under the work subsidy component of 
the Job Opportunities and Basic Skills Training (JOBS) program, as specified in 
sec.3.7102 of this title (relating to Income and Resources from Work Subsidy); 
and 
(28) worker's compensation. DHS exempts any amount of the benefits that is for 
payment of medical expenses incurred before Medicaid eligibility began if the 
client uses the benefit to pay these expenses. 
(b) Temporary Assistance for Needy Families (TANF) -- Excludable Income. DHS 
excludes the following as income: 
(1) children's earned income. DHS exempts this income if the child is a full-
time student as defined by the school or a part-time student working less than 
30 hours a week. There is no limit on the number of hours a full-time student 
can work; 
(2) disability payments. DHS exempts disability payments resulting from Agent 
Orange Settlement Agreements or the Radiation Exposure Compensation Act; 
(3) diverted income. DHS diverts income for all persons allowed in 45 Code of 
Federal Regulations sec.233.20(a)(3)(ii)(C) effective on August 1, 1996, and the 
Social Security Act as amended by Title I of Public Law 104-193, the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996; 
(4) Domestic Volunteer Service Act. DHS exempts payments received by volunteers 
for services performed in programs stipulated in the Domestic Volunteer Service 
Act of 1973, Title II (Public Law 93-113). DHS exempts payments made to 
applicants serving as VISTA volunteers under Title I; 
(5) earned income tax credits. DHS exempts this income in the 185%, 100%, and 
recognizable needs tests; 
(6) educational assistance. DHS exempts general education assistance payments as 
stipulated in 45 Code of Federal Regulations sec.233.20(a)(3)(iv) and 
sec.233.20(a)(4)(ii)(d) effective on August 1, 1996, and the Social Security Act 
as amended by Title I of Public Law 104-193, the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996. DHS also exempts remaining amounts 
of educational assistance pursuant to 45 Code of Federal Regulations 
sec.233.20(a)(3)(vii) effective on August 1, 1996, and the Social Security Act 
as amended by Title I of Public Law 104-193, the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996; 
(7) energy assistance. DHS exempts home energy assistance as stipulated in 45 
Code of Federal Regulations sec.233.53(a)-(c) effective on August 1, 1996, and 
the Social Security Act as amended by Title I of Public Law 104-193, the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996; 
(8) food stamp value; 
(9) foster care payments; 
(10) government housing assistance. DHS exempts government rent or housing 
subsidies as stipulated in 45 Code of Federal Regulations sec.233.20(a)(3)(xii) 
effective on August 1, 1996, and the Social Security Act as amended by Title I 
of Public Law 104-193, the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996; 
(11) in-kind income. DHS exempts the value of unearned in-kind assistance; 
(12) job training allowances. DHS exempts payments from other agencies that do 
not duplicate assistance provided under the TANF needs standard and all JTPA 
payments except on-the-job training (OJT) payments funded under Title II, 
Section 204 #5 of the JTPA. OJT payments funded under Title II, Section 204 of 
the JTPA are treated as earned income; 
(13) job training payments. DHS exempts any portion that is earmarked as a 
reimbursement for training-related expenses; 
(14) native and Indian claims. DHS exempts payments made under the Alaska Native 
Claims Settlement Act (Public Law 92-203, as amended by Public Law 100-241), 
Seneca Nation Settlement Act of 1990 (Public Law 101-503), and funds distributed 
or held in trust by the Indian Claims Commission for members of Indian tribes 
under Public Laws 92-254; 94- 540; 94-114, sec.6; 95-433; 96-420; 98-64, sec.2; 
and 93-134, sec.7 (as amended by Public Law 97.458, sec.4); 
(15) noneducational loans; 
(16) nutrition program assistance. DHS exempts the value of supplemental food 
assistance under the Child Nutrition Act of 1966 and special food services 
programs for children under the National School Lunch Act. DHS exempts benefits 
received under the Older Americans Act of 1965, Title VII, Nutrition Program for 
the Elderly;
(17) relocation assistance benefits. DHS exempts benefits received under the 
Uniform Relocation Assistance and Real Property Acquisition Act, Title II; 
(18) SSI as stipulated in 45 Code of Federal Regulations sec.233.20(a)(3)(x) 
effective on August 1, 1996, and the Social Security Act as amended by Title I 
of Public Law 104-193, the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996; 
(19) third-party funds. DHS exempts money received and used for care and 
maintenance of a third-party beneficiary who is not a household member; and 
(20) vendor payments. DHS does not count payments made directly to the 
applicant's creditor or person providing the service if the person or 
organization making the payments is outside the household. 
(c)-(d) (No change.) 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810146
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 15,1998
Proposal publication date: May 22, 1998
For further information, please call: (512) 438-3765

PART XIX. Texas Department of Protective and Regulatory Services
CHAPTER 700. Child Protective Services
SUBCHAPTER D. School Investigations
40 TAC sec.sec.700.401-700.413
The Texas Department of Protective and Regulatory Services (TDPRS) adopts new 
sec.sec.700.401-700.413, in its Child Protective Services chapter. New 
sec.sec.700.402-700.404, 700.408, 700.409, and 700.411 are adopted with changes 
to the proposed text published in the April 10, 1998, issue of the Texas 
Register (23 TexReg 3668). New sec.sec.700.401, 700.405, 700.406, 700.407. 
700.410, 700.412, and 700.413 are adopted without changes to the proposed text 
and will not be republished.
The justification for the sections is to implement sec.18 of House Bill 1826, 
which requires TDPRS to establish rules to implement sec.261.406 of the Texas 
Family Code, regarding investigations in schools. The rules define abuse and 
neglect of children by school personnel or volunteers at the child's school in 
public or private schools and describe procedures for its report, investigation, 
and review by Child Protective Services. The rules are adopted in new Subchapter 
D, School Investigations. 
The sections will function by informing reporters of abuse or neglect, school-
related entities, and the public of the definitions and procedures that TDPRS 
will use to receive and act on reports of abuse or neglect in school settings. 
During the public comment period, TDPRS received comments from Advocacy, Inc. A 
summary of the comments and TDPRS's responses follow: 
Comments concerning sec.700.402, Definitions: 
1) One commenter suggested than the definition of "moved" be revised to delete 
the phrase "alleged perpetrator or." 
Response: TDPRS agrees and has made the change. 
2) One commenter raised questions about possible confusion concerning the roles 
of Child Protective Services and Licensing staff when an abuse or neglect report 
in a school setting involves only children in facilities regulated by TDPRS. The 
Licensing Division of TDPRS conducts investigations in school settings involving 
only children in facilities regulated by TDPRS under policies previously 
established by that division. 
Response: TDPRS agrees and has added an exclusion for school settings involving 
only children in facilities regulated by TDPRS. 
Comments concerning sec.700.404, Criteria for Accepting Reports and Conducting 
School Investigations: 
1) One commenter stated that the word "only" in subsection (a) should be deleted 
because the use of the word is exclusionary. 
Response: TDPRS agrees and has deleted the word. 
2) One commenter stated that the word "same" should be added to subsection 
(a)(6) to indicate that the allegations must be investigated unless they are the 
same as ones previously investigated. 
Response: TDPRS agrees and has added the word. 
Comments concerning sec.700.408, Conducting the School Investigation:
1) One commenter requested that in subsection (a), the word "may" be changed to 
"shall," to indicate that the investigative steps are required unless good cause 
existed not to take the step. 
Response: TDPRS agrees and has changed the word. The commenter also agreed to 
the addition of qualifying phrases in (a)(1) and (a)(4) since good cause may 
exist not to take these steps. 
2) One commenter stated that subsection (a)(3) should be amended to indicate 
that a child's guardian would need to be interviewed when they have collateral 
information. 
Response: TDPRS agrees and has revised the subsection. 
Comment concerning sec.700.411, Notification to School Officials of Findings in 
a School Investigation: Commenters stated that the report of the investigation 
needs to be provided to the superintendent of schools, unless that person is the 
alleged perpetrator, because that person is instrumental in protecting children 
in the school. 
Response: TDPRS is unable to provide the report to the superintendent because 
the Legislature specifically listed persons to be notified and the list did not 
include the superintendent. 
Other comments: One commenter recommended that TDPRS establish a Memorandum of 
Understanding (MOU) with the Texas Education Agency (TEA) to insure their 
knowledge, cooperation, and to fill any gaps in the system. Issues that could be 
included in the MOU are what corrective action is taken by schools when abuse or 
neglect is found, and how to ensure that child victims are protected by the 
school during the investigation. The commenter indicated that they would be 
willing to work with both agencies in drafting a MOU which could speak to the 
need for corrective action following the outcome of the investigation performed 
by TDPRS. The commenter indicated that if TEA is unwilling to participate in 
such a venture, legislative action may well be warranted and would likely be 
supported by them. 
Response: TDPRS's Child Protective Services is currently contacting TEA 
officials to determine if they would be interested in establishing such a MOU. 
In addition to changes resulting from public comments, TDPRS is adopting the 
following changes for clarification. In sec.700.403(b)(3), the word "a" is 
changed to "the." In sec.700.408(b), TDPRS has corrected the citation to 
sec.411.114. In sec.700.409(a), TDPRS has added a reference to the law 
concerning interference with the investigation. In sec.700.411(a), TDPRS has 
changed the term "supervisor" to "Texas Department of Protective and Regulatory 
Services" since the case may need to be reviewed by the program director prior 
to providing a report of the investigation to TEA, the State Board for Educator 
Certification, and others as required by law. In sec.700.411(a)(3), TDPRS has 
made a revision to indicate that the report will be provided to the president of 
the local school board or local governing body for the school, not to each 
member of those boards. 
The new sections are adopted under the Human Resources Code, Title 2, Subtitle 
D, Chapter 40, which provides the department with the authority to propose and 
adopt rules to comply with state law and implement departmental programs; and 
under the Texas Family Code, Chapters 261 and 264, which authorizes the 
department to provide services to alleviate the effects of child abuse and 
neglect. 
The new sections implement the Human Resources Code, Chapter 40, and the Texas 
Family Code, Chapters 261 and 264. 

sec.700.402. Definitions. 
The terms used in this subchapter shall have the meanings assigned to those 
terms in Texas Family Code, Chapter 261, and in Subchapter E of of this chapter, 
unless the context clearly indicates otherwise or the term is otherwise defined 
below: 
(1) Alleged perpetrator - A person who is alleged or suspected of being 
responsible for the abuse or neglect of a child. 
(2) Child - A person under 18 years of age who is not and has not been married 
or who has not had the disabilities of minority removed for general purposes. 
(3) CPS - Child Protective Services, a program within the Texas Department of 
Protective and Regulatory Services. 
(4) Designated perpetrator - A person who has been determined by a preponderance 
of evidence to have been responsible for abuse or neglect of a child in a school 
setting. 
(5) Designated victim - A child who has been determined, based on a 
preponderance of the evidence, to have been abused or neglected in a school 
setting. 
(6) Moved - A finding that CPS was not able to finish the investigation of an 
allegation of abuse or neglect against school personnel or volunteers in a 
school setting because the alleged victim moved and could not be located. 
(7) Preponderance of evidence - Evidence which is of greater weight or more 
convincing than the evidence which is offered in opposition to it; that is, 
evidence which as a whole shows that the fact sought to be proved is more 
probable than not. 
(8) Reason-to-believe - A finding that an allegation of abuse or neglect against 
school personnel or volunteers in a school setting is supported by a 
preponderance of the evidence. 
(9) Reporter - An individual who, on his own initiative, makes an unsolicited 
report to the Texas Department of Protective and Regulatory Services (TDPRS) or 
to a duly constituted law enforcement agency, alleging the abuse or neglect of a 
child. If more than one individual makes an unsolicited report alleging abuse or 
neglect of the same child, all such individuals shall have the designation of 
reporter. 
(10) Ruled-out - A finding by a preponderance of the evidence that an allegation 
of abuse or neglect did not occur or was not committed by the alleged 
perpetrator. 
(11) School personnel and volunteers - Persons providing services or caring for 
children at a public or private school under the jurisdiction of the Texas 
Education Agency (TEA) who have access to children in a school setting, or 
persons in a private school setting who have responsibility for the care, 
custody, or control of children in a school setting, including school employees, 
contractors, school volunteers, school bus drivers, school cafeteria staff, and 
school custodians. 
(12) School setting - The physical location of a child's school, or of an event 
sponsored or approved by the child's school, or any other location where the 
child is in the care, custody, or control of school personnel in their official 
capacity, including transportation services, and excluding school settings 
involving only children in facilities of the Texas Department of Mental Health 
and Mental Retardation (MHMR) when the facility contracts with the local school 
district to provide educational services, and excluding school settings 
involving only children in facilities regulated by the Texas Department of 
Protective and Regulatory Services. 
(13) Unable to determine - A finding that an allegation of abuse or neglect can 
neither be supported nor ruled-out by a preponderance of the available evidence. 

sec.700.403. Definition of Child Abuse and Neglect in School Investigations. 
(a) For purposes of an investigation in a school setting, the terms abuse and 
neglect shall have the meaning assigned to those terms in the Texas Family Code, 
sec.261.001 (1) and (4), as those terms are further defined in sec.700.501 of 
this title (relating to Terminology Used in Statutory Definitions of Child Abuse 
and Neglect and Person Responsible for a Child's Care, Custody, or Welfare), 
unless the definition is clearly inapplicable to reports of abuse or neglect in 
school settings. 
(b) Abuse and neglect in this context do not include: 
(1) use of restraints or seclusion that do not meet the statutory definitions of 
child abuse or neglect; 
(2) actions that school personnel or volunteers at the child's school reasonably 
believe to be immediately necessary to avoid imminent harm to self or other 
individuals, if the actions are limited only to those actions reasonably 
believed to be necessary under the existing circumstances. The actions do not 
include acts of unnecessary force or the inappropriate use of restraints or 
seclusion, such as use of restraints or seclusion as a substitute for lack of 
staff; or 
(3) reasonable physical discipline. Reasonable physical discipline is 
appropriate to the child's age and development and the reason for which the 
discipline is being administered and is without physical injuries that result in 
substantial harm or without genuine threat of substantial harm from physical 
injury to the child. 

sec.700.404. Criteria for Accepting Reports and Conducting School 
Investigations.
(a) A report of alleged abuse or neglect occurring in a school setting will be 
assigned for investigation by Child Protective Services (CPS) if the following 
criteria are met: 
(1) the allegations must meet the definitions of abuse or neglect contained in 
sec.700.403 of this title (relating to Definition of Child Abuse or Neglect in 
School Investigations); 
(2) the alleged perpetrator must be a person meeting the definition of school 
personnel or volunteers at the child's school; 
(3) the alleged victim must be a child or must have been a child at the time 
that the alleged abuse or neglect occurred; 
(4) the alleged abuse or neglect must have happened in a school setting; 
(5) the alleged abuse or neglect must have occurred during the current school 
year or there must be a likelihood that sufficient evidence can still be 
obtained to establish whether or not abuse or neglect occurred in a school 
setting; and 
(6) the same allegations involving the school setting must not have already been 
investigated by the Texas Department of Protective and Regulatory Services. 
(b) A report of alleged abuse and neglect which does not meet the criteria for 
investigation specified in this section shall be referred to an appropriate law 
enforcement entity or other investigating agency in accordance with Texas Family 
Code, sec.261.105. 
(c) When a report is not accepted for investigation, CPS must notify the 
reporter verbally or in writing as to the reason the report will not be 
investigated and that the reporter may discuss concerns about the decision with 
the supervisor.  

sec.700.408. Conducting the School Investigation. 
(a) An investigation conducted under this subchapter shall include the following 
investigative steps, unless the allegations of child abuse and neglect can be 
clearly confirmed or ruled-out without recourse to one or more of these steps: 
(1) obtain a full statement of the allegation from the reporter, as appropriate 
to the case. 
(2) interview or examine each alleged victim, as appropriate in the case. 
(3) interview any other witnesses or persons who may have collateral 
information, including the child's parents or guardian. 
(4) interview the alleged perpetrator, when available. 
(5) obtain photographs, school records, or other pertinent physical evidence, if 
relevant to the investigation. 
(6) request that a parent of an alleged victim obtain a medical, psychological, 
or psychiatric examination of the child and that the records of such examination 
be provided to the Child Protective Services (CPS) investigator, if necessary, 
to properly investigate the allegations in the case. 
(7) request that the alleged perpetrator submit to a medical, psychological, or 
psychiatric examination and that the records of such examination be provided to 
the CPS investigator, if necessary, to properly investigate the allegations in 
the case. 
(8) cooperate with law enforcement in the event that law enforcement is 
conducting a joint investigation regarding the allegations.
(b) CPS will conduct a criminal history background check on the alleged 
perpetrator in accordance with Texas Government Code, sec.411.114, and 
sec.700.520 of this title (relating to Criminal Records Checks). 
(c) The CPS investigator must complete the investigation, reach a disposition as 
to each allegation made in the report, and submit the investigation report and 
findings to a supervisor for approval within 30 days after initiating the 
investigation, unless an extension of time is approved by the worker's 
supervisor due to extenuating circumstances. The CPS supervisor must approve the 
investigation or return it to the investigator for further action, within ten 
days of receiving the investigative report. If the tenth day falls on a weekend 
or state holiday, the supervisor has until the next working day to complete the 
required review. 
(d) Notwithstanding any other provision in this section, an investigation may be 
closed administratively at any point during the investigation, if it becomes 
apparent after initiating the investigation that the allegations made in the 
report do not, in fact, meet one or more of the criteria for investigation 
specified in sec.700.404 of this title (relating to Criteria for Accepting 
Reports and Conducting School Investigations). If a case is closed 
administratively, all allegations in the case are given the disposition of 
"administrative closure."

sec.700.409. Conducting Interviews or Examinations.
(a) School officials or other persons related to the school setting may not 
interfere with an investigation of a report of child abuse or neglect conducted 
by the Texas Department of Protective and Regulatory Services, pursuant to Texas 
Family Code sec.261.303, Interference with Investigation: Court Order. 
Interviews and examinations in a school investigation may take place on or off 
the school premises, as deemed appropriate by the Child Protective Services 
(CPS) investigator, provided the investigator notifies the school principal (or 
that individual's supervisor in the event that the principal is the alleged 
perpetrator) prior to conducting an interview or examination on school premises. 
CPS may request that school personnel or volunteers not be present during the 
interview or examination of an alleged victim, an alleged perpetrator, an adult 
or child witness, or any other person who may have information relevant to the 
investigation if the investigator determines that: 
(1) the presence of school personnel or volunteers would compromise the 
integrity of the investigation; or 
(2) a better interview or examination of the child would result without school 
personnel or volunteers being present. 
(b) The initial investigation interview of a child alleged to have been 
physically or sexually abused must be videotaped or audiotaped by CPS unless 
good cause exists not to do so, as specified in sec.700.522 of this title 
(relating to Audiotaping or Videotaping Interviews with Alleged Victims). 
(c) The CPS investigator must comply with the requirements in sec.700.508(b) of 
this title (relating to Interviews with Parents or Other Alleged Perpetrators). 

sec.700.411. Notification to School Officials of Findings in a School 
Investigation. 
(a) After the Texas Department of Protective and Regulatory Services has closed 
an investigation in a public or private school under the jurisdiction of the 
Texas Education Agency (TEA), Child Protective Services (CPS) is statutorily 
required to provide a report of the investigation, redacted to remove the 
identity of the reporter, to the following: 
(1) TEA (Division of Continuing Education, Services to Children, Youth and 
Families Unit); 
(2) State Board for Educator Certification; 
(3) president of the local school board or local governing body for the school; 
and 
(4) the school principal, unless the principal is the alleged perpetrator. 
(b) If the overall investigation disposition is "reason-to-believe," the report 
must include information about the designated perpetrator's right to an 
administrative review of the investigation findings (ARIF). The report must also 
state that CPS will notify the above entities in the event that the dispositions 
are changed as a result of an ARIF. 
(c) When the overall disposition in an investigation is "reason-to-believe" and 
the school is a private school not under the jurisdiction of TEA, CPS does not 
automatically release the results of the investigation to the entities listed in 
subsection (a) of this section, but must follow the provisions in Subchapter F 
of Chapter 700 of this title (relating to Release Hearings) prior to releasing 
the results of the investigation to persons having control over the designated 
perpetrator's access to children. When the overall disposition in an 
investigation is other than "reason-to-believe," CPS may release the findings to 
the appropriate school officials when the investigation is complete. 
(d) Notwithstanding any other provision in this section, notice need not be 
provided to a school official if a report of abuse or neglect is closed 
administratively prior to notification to any school official that a report was 
received by the Texas Department of Protective and Regulatory Services. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810244
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: August 7, 1998
Proposal publication date: April 10, 1998
For further information, please call: (512) 438-3765

PART XX. Texas Workforce Commission
CHAPTER 800.General Administration
40 TAC sec.800.61
The Texas Workforce Commission (Commission) adopts new sec.800.61 relating to 
the Welfare to Work (WtW) allocation rule, without changes to the proposed text 
as published in the May 15, 1998, issue of the Texas Register (23 TexReg 4890). 
The rules will not be republished here.
The purpose of new sec.800.61 is to provide the allocation formula for the WtW 
program. 
Under the WtW formula grant, Texas will allocate 85% of its funding from DOL to 
the boards. If a local workforce development area does not have a certified 
board, the funds for that area will be allocated to the private industry council 
(PIC) for that area. Federal law requires that the allocation of funds to boards 
be based on a formula that allocates at least half of the funds based on the 
relative percentage of the local workforce development area's residents who are 
poor, such as the number of poor individuals living in the area in excess of 7.5 
percent of the total population of the area. Not more than half of the funds may 
be distributed based on one or both of two additional factors: (1) the number of 
adults in the local workforce development area receiving TANF for 30 months or 
more (long-term TANF factor), and/or (2) the number of unemployed individuals in 
the local workforce development area (unemployment factor). 
The rule for WtW is consistent with the general workforce development statutes 
and rules that establish local control and authority under workforce development 
boards. Boards have the jurisdiction and the authority to develop local policy, 
to determine which segments of the eligible population to target, to determine 
service delivery practices and procedures, to establish the services and 
activities available in each local workforce development area, to demonstrate 
collaboration with other local partners, and to provide in-kind matching funds 
for the program. The activities and services are to be delivered consistent with 
the federal and state regulations, these rules, and any implementation polices 
and procedures. No comments were received on the proposed rules. 
The new rule is adopted under Texas Labor Code sec.301.061 that provides the 
Texas Workforce Commission with the authority to adopt, amend, or repeal such 
rules as it deems necessary for the effective administration of Texas Workforce 
Commission programs.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810128
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 15, 1998
Proposal publication date: May 15, 1998
For further information, please call: (512) 463-8812

40 TAC sec.800.62
The Texas Workforce Commission (Commission) adopts new sec.800.62, concerning 
School-to-Careers, without changes to the proposed text as published in the May 
15, 1998, issue of the Texas Register (23 TexReg 4891). Section 800.62 will not 
be republished.
The purpose of the new sec.800.62, School-to-Careers, is to set out the method 
of allocating funds to local partnerships for the state's School-to-Careers 
activities, which are funded by the School-to-Work Opportunities Act as codified 
at 20 U.S.C.A. sec.6141 et seq.
The adopted rule is based on a five-year period for implementation of the 
state's School-to-Careers activities, which began March 1, 1997, in accordance 
with the federal grant awarded to the state by the U.S. Department of Education. 
The rule is adopted based on the presumption of continued federal funding in 
accordance with the state's application for an implementation grant as approved 
by the U.S. Department of Education, U.S. Department of Labor and the National 
School-to-Work Office. For the need-based method of allocation, the Commission 
anticipates using student population information from the following sources: the 
Texas Education Agency for grades kindergarten - 12, the Texas Higher Education 
Coordinating Board for community and technical college enrollment of students 
ages 15-25, and the Texas Workforce Commission JTPA Title II-C Youth Training 
Program for youths ages 16-21. From the total amount of funds awarded to the 
state, the state's share for conducting School-to-Careers activities shall be no 
more than thirty percent in the first year of the grant; twenty percent in the 
second year; and ten percent in the third, fourth, and fifth years. State 
administrative costs shall be limited to an amount not to exceed ten percent of 
each year's total grant award. Competitive subgrants were awarded to local 
partnerships for the first year of the implementation grant in accordance with 
the state's application to the U.S. Department of Education. For the 
continuation of the implementation grant, a need-based formula will be used to 
allocate funds among local workforce development areas throughout the state in 
accordance with Texas Labor Code, sec.302.062. 
Some commenters were for the rule, and others had concerns and questions about 
the rule as proposed, and suggested changes. The Commission received comments on 
the rule from the following. 
a Texas State Senator; 
the Houston Galveston Area Council; 
the Gulf Coast Workforce Development Board; 
the West Central Texas Workforce Development Board, School-to-Work Committee; 
and 
the West Central Texas Workforce Development Board. 
Following each comment or group of related comments is the Commission's 
response. 
Comment: Two commenters support the proposed rule and assert the formula will 
provide more equitable services for students in Texas. 
Response: The Commission appreciates the commenters' expressions of support.
Comment: One commenter compares the allocation for two areas based on the rule 
and states one area has almost twice the number of school districts with which 
to work, three times the number of counties, twice as many square miles to 
cover, almost twice as many students, and six times the percent of poverty, yet 
the other area is allocated almost twenty percent more funding. The commenter 
requests the rationale for allocation of funds. 
Response: In the first year of the School-to-Careers grant, funding for local 
partnerships was based on a Request for Proposals, which emphasized developing 
the structure for School-to-Careers activities. Funds were awarded primarily on 
the basis of the quality of the proposals. The rule proposes allocation of funds 
based on student population in the second year of the grant in order to 
implement most effectively the service structure developed in the first year. 
However, in order not to penalize any area in the transition from structure 
emphasis to service emphasis, a portion of the state's share of the second year 
grant is provided to ensure that no area receives less in the second year than 
their allocation in the first year. It is this additional funding from the 
state's share of the grant that results in the greater amount of funding for the 
smaller area addressed in the comment. The allocation formula does not address 
size of an area because there is not a direct correlation on a statewide basis 
between size of an area and service provision. Also, activities provided under 
this grant are available to any interested student, with parental consent, and 
do not target low-income students or areas. 
Comment: One commenter agrees that population should be one factor in the 
allocation of funds but asserts that this single factor does not adequately 
address the diversity of Texas or the quality of local systems. The commenter 
believes the intent of School-to-Careers funding is to build a statewide system 
of local partnerships dedicated to ensuring lifelong learning opportunities for 
interested youth in high-skill, high-wage careers. The commenter also believes 
that implementation funds are not intended for direct individual student 
benefits but to develop local partnerships and systems. The commenter suggests 
factors in the funding allocation should include: 1) the number of school 
districts and postsecondary institutions; 2) the number of local partnerships 
proportionate to population density; and 3) challenges resulting from: limited 
availability of mentoring, internship, and apprenticeship opportunities; lack of 
transportation and other services; and limited availability of community and 
employer resources, both financial and human. The commenter further asserts that 
implementation of a statewide system requires the participation and involvement 
of all interested communities, not just the large metropolitan areas, and that 
the time and effort to engage all partners (students, parents, employer, labor 
and educators), whether in small communities or large cities, is equal. The 
commenter states that adequate funds are needed to build sustainable quality 
systems in every community that will continue to thrive when federal funds are 
no longer available. 
Response: The Commission concurs with the goal of a statewide system of local 
partnerships including any interested community and any interested partner. 
Although the Commission understands that time and effort are involved in working 
with each entity, there are notable differences in the number of school 
districts and postsecondary institutions in various areas of the state in 
relation to factors relevant to School-to-Careers issues. The time and effort 
required to establish appropriate activities in one large and complex 
educational institution may be as much or more than required for a multitude of 
institutions in another area. The funds provided in the first year of the grant 
were for the purpose of establishing linkages among the entities involved in 
School-to-Careers activities. The number of entities contributing to the 
partnership was, therefore, a more significant factor in the first year. Funding 
for the second year of the grant is expected to result in an increase in 
voluntary, parental-approved, participation of students; therefore, the student 
population will have a greater impact in the second year. The challenges listed 
in the comment are factors to be considered in the local partnership's 
implementation plan, but they cannot be equitably enumerated on a statewide 
basis. 
Comments regarding sec.800.62(d) are as follows. 
Comment: One commenter does not agree that the number of students in an area 
corresponds to need and asserts that the formula does not account for the 
demographics of the students, income level of the area, dropout rates, or other 
factors. The commenter recommends that TWC develop an alternate formula that 
addresses student need, if that is the true intent and allocation basis.
Response: The Commission understands that students have diverse needs based on 
demographics, income levels, etc. However, the Commission disagrees with 
including these factors because the School-to-Careers activities are available 
to all students who are interested in participating (with parental consent). The 
state's implementation plan does not target specific sub-populations such as 
economically disadvantaged or educationally disadvantaged. Separate funds have 
been set aside in the federal School-to-Work Opportunities Act of 1994 that 
target economically depressed areas, and the local partnerships may apply 
directly to the federal government for those funds. 
Comment: One commenter does not agree with the general premise that funds should 
be allocated based on student population and references the federal legislation 
and the state application as indicating that School-to-Careers funds are to be 
used to build a system rather than serve individual students. The commenter 
asserts that the funding allocation methodology should be based on system 
components rather than students, i.e., the number of school districts or 
chambers of commerce rather than the number of students. The commenter 
recommends development of an alternate formula based on system-building factors 
rather than service to individual students.
Response: Allocation of funds for the first year of the School-to-Careers grant 
emphasized the development of processes and procedures for implementation of the 
School-to-Careers activities. The funding increase in the second year of the 
grant is expected to result in expanded services for participating schools, 
building on the first year's development. Therefore, the Commission disagrees 
with changing the allocation method because it considers student population the 
most appropriate basis for distribution of funds to accomplish the service 
implementation. 
Comment: One commenter notes that the rule does not identify the methodology or 
percentage of funds reduced as a result of not demonstrating or maintaining 
satisfactory progress and suggests this should be more clearly defined. The 
commenter further notes there is no indication of how funds withheld from areas 
would be used and recommends establishing a limit and/or range of funds that 
could be withheld for nonperformance. The commenter recommends a provision that 
up to twenty percent of an area's funds could be withheld for nonperformance and 
that these funds be used to provide incentives to local areas with exemplary 
performance. The commenter recommends that the Commission not take action on the 
proposed rule until a methodology and percentage of funds is identified for 
nonperforming programs. 
Response: The Commission appreciates the commenter's recommendations for amount 
of reduction and use of withheld funds; however, the Commission disagrees with 
setting aside up to 20% of an area's funds because there are considerable 
differences in plans and setting a fixed amount may not adequately address the 
various situations that may arise. For that reason, the Commission declines to 
specify the amount of potential reductions. "Satisfactory progress" refers to 
progress related to the previous year's grant. A satisfactory level of progress 
may be delayed but later attained, in which case the allocated funds would then 
be released to the respective partnership. 
Comment: One commenter references the terms "satisfactory progress" and "overall 
quality" and notes that these terms are not defined in the rule. The commenter 
asserts that if these are factors in allocating funds, there must be clear 
definitions and that the Commission needs to define both terms clearly and 
provide an opportunity for review and comment by local boards on the proposed 
definitions. The commenter notes that TWC has issued no policy and/or guidance 
on performance or progress indicators and recommends that the Commission not 
take action on the proposed rule until further definition is provided of the 
terms "satisfactory progress" and "overall quality".
Response: These are not factors in determining the specific amount of funds to 
allocate; rather, they relate to requirements for a partnership to receive the 
full amount of funds allocated. The overall quality refers to the plan submitted 
in the previous year, which was evaluated based on criteria in the planning 
guidelines. Satisfactory progress must necessarily be determined on an 
individual partnership basis because the activities planned in the various local 
areas are different and the contract implementation dates are different. The 
Texas Council on Workforce and Economic Competitiveness is in the process of 
developing an evaluation instrument for the state's School-to-Careers 
activities. As such, the Commission disagrees with adding definitions as 
requested.
The new sections are adopted under Texas Labor Code, Title 4, particularly, 
sec.sec.301.061 and 302.001which provide the Commission with the authority to 
adopt, amend, or repeal such rules as it deems necessary for the effective 
administration of the programs administered by the Commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810148
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 15,1998
Proposal publication date: May 15, 1998
For further information, please call: (512) 463-8812

CHAPTER 813.Food Stamp Employment and Training
SUBCHAPTER A.General Provisions
40 TAC sec.813.1, sec.813.2
The Texas Workforce Commission (Commission) adopts the repeal of sec.813.1 and 
sec.813.2 and adopts new sec.813.1 and sec.813.2 relating to the Food Stamp 
Employment and Training Program, without changes to the rules as proposed in the 
May 15, 1998 issue, of the Texas Register (23 TexReg 4893). The rules will be 
republished here. New subchapter A is added regarding general provisions. 
The purpose of new sec.813.1 is to explain the expenditure of Food Stamp 
Employment and Training Program funds. 
The purpose of new sec.813.2 is to set forth the allowable activities for the 
Food Stamp Employment and Training Program. 
The new rules ensure that allowable workforce development services are available 
to able-bodied food stamp recipients, ages eighteen to fifty, without dependents 
(ABAWDs). The Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 requires ABAWDs to work or participate in specific activities. Food stamp 
benefits will be limited to three months out of thirty-six months if 
participants fail to comply with these requirements. Federal guidelines mandate 
that at least 80% of the federal Food Stamp Employment and Training funds be 
used to assist ABAWDs to meet these requirements. Allowable activities for this 
population include training funded by the Trade Adjustment Act of 1974 (TAA), 
Job Training Partnership Act (JTPA), workfare, and state training and education 
programs at least twenty hours per week. 
No comments were received on the proposed rules. 
The repeals are adopted under the authority of Texas Labor Code, Chapter 301, 
which provides the Commission the authority to adopt, amend, or repeal such 
rules as it deems necessary for the effective administration of Commission 
programs.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810143
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 15,1998
Proposal publication date: May 15, 1998
For further information, please call: (512) 463-8812

The new rules are adopted under the authority of Texas Labor Code, Chapter 301, 
which provides the Commission the authority to adopt, amend, or repeal such 
rules as it deems necessary for the effective administration of Commission 
programs.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810142
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 15, 1998
Proposal publication date: May 15, 1998
For further information, please call: (512) 463-8812

CHAPTER 837.Apprenticeship Training
SUBCHAPTER A.General Purpose and Definitions
40 TAC sec.837.1, sec.837.2
The Texas Workforce Commission adopts new sec.sec.837.1, 837.2, 837.21, 837.22, 
837.41-837.44, 837.61-837.65, 837.81-837.85, 837.100, 837.101, and 837.121-
837.125, concerning the operation of the Apprenticeship Training program. 
Sections 837.2, 837.21, 837.41, 837.61, 837.64, 837.65, and 837.82 are adopted 
with non-substantive changes to the proposed text as published in the April 17, 
1998 issue of the Texas Register (23 Tex Reg 3813). Sections 837.1, 837.22, 
837.42-837.44, 837.62, 837.63, 837.81, 837.83-837.85, 837.100, 837.101, and 
837.121-837.125 are adopted without changes and will not be republished.
The purpose of these rules is to implement the provisions of Texas Education 
Code, Chapter 133, related to state-funded apprenticeship training programs. 
Such programs fall under the authority of the Commission pursuant to Texas Labor 
Code, sec.302.021, related to Consolidation of Workforce Development Programs. 
These rules may be cited as the Apprenticeship Training Rules. 
New Subchapter A concerns the General Purpose and Definitions. New sec.837.2, 
concerning Definitions, has been changed to clarify the name of the Bureau of 
Apprenticeship and Training, to clarify the elements of an apprenticeship 
agreement, and to clarify the definition of a local education agency. 
New Subchapter B concerns the Registration Requirements for apprenticeship 
training. The title of Subchapter B has been changed to clarify that the listed 
requirements are for registration purposes. New sec.837.21, concerning 
Registration with the Bureau of Apprenticeship and Training, has been changed to 
clarify that such registration requirements are to qualify for funding. 
New Subchapter C concerns the Funding Notice and Application Process. New 
sec.837.41, concerning Notice of Available Funds, has been changed to clarify 
the role of local education agencies. 
New Subchapter D concerns the Funding Qualifications. New sec.837.61, concerning 
Eligible Applicants, has been changed to conform to the definition of a local 
education agency. New sec.837.64, concerning Funding Qualifications for a 
Related Instruction (Apprentice) Class, has been changed to clarify the method 
of prescribing due dates to report contact hours. New sec.837.65, concerning 
Qualifications for Funding a Supplementary Instruction (Journeymen) Class, has 
been changed to delete redundant language. 
New Subchapter E concerns the Use of Funds and Account Maintenance. New 
sec.837.82, concerning Cost Categories, has been changed to provide a more 
detailed explanation of administrative costs. 
New Subchapter F concerns Compliance Monitoring. 
New Subchapter G concerns Reporting Requirements. 
The following comments were received from the Texas State Director, United 
States Department of Labor, Bureau of Apprenticeship and Training. Following the 
comments are the Commission's responses. 
Comment: The commenter requested that sec.837.2 concerning Definitions should 
include the full name of the Bureau of Apprenticeship and Training.
Response: All instances of the use of Bureau of Apprenticeship and Training have 
been revised to show the complete name. 
Comment: The commenter had a concern with sec.837.2, Definitions, which defined 
a local education agency as a sponsor. The commenter requested substituting the 
phrase "fiscal agent." The commenter also requested deletion of the words 
"operating an apprenticeship program" in the description of the role of a local 
education agency. The commenter requested that the source of funds be indicated. 
Response: The definition of local education agency has been reworded to clarify 
the role of such entities, and to indicate that as fiscal agents for the 
apprenticeship program they will dispense funds pursuant to Texas Education 
Code, Chapter 133. 
Comment: The commenter requested that the rule at sec.837.21, concerning 
Registration with the Bureau of Apprenticeship and Training, state that such 
registration is to qualify for funding. The commenter also questioned the use of 
the phrase "to obtain acceptance and recording of such program," and asked that 
it be deleted. 
Response: The rule has been expanded to indicate that registration is to qualify 
for funding. The phrase "to obtain acceptance and recording of such program" is 
taken directly from the federal regulations for apprenticeship programs at 29 
Code of Federal Regulations sec.29.2(l) and sec.29.2(m). The Commission believes 
it provides a more complete description of the purpose for registration and will 
leave such language unchanged. 
Comment: The commenter had a concern with the role of local education agencies 
as described in sec.837.41, Notice of Available Funds, and requested that the 
word "sponsor" be removed and replaced with the phrase "provide related 
instruction to registered." 
Response: The Commission has changed the description of the role for a local 
education agency in distributing apprenticeship training funds to apprenticeship 
training programs, by adding the recommended phrase. 
In response to internal comments the Commission has revised sec.837.2 concerning 
Definitions to clarify the elements of an apprenticeship agreement, as changed 
the title of Subchapter B concerning Registration Requirements to clarify that 
the listed requirements are for registration purposes, has changed sec.837.64 
concerning Funding Qualifications for a Related Instruction (Apprentice) Class 
to clarify the method of prescribing due dates to report contact hours, has 
changed sec.837.65 concerning Qualifications for Funding a Supplementary 
Instruction (Journeymen) Class to delete redundant language, and has changed 
sec.837.82 concerning Cost Categories to provide a more detailed explanation of 
administrative costs. 
The new rules are adopted under Texas Labor Code, Section 301.061 which provides 
the Texas Workforce Commission with the authority to adopt such rules as it 
deems necessary for the effective administration of the Act.

sec.837.2. Definitions. 
In addition to the definitions relating to apprenticeship training found in 
Texas Education Code, sec.133.001, and in 29 C.F.R. sec.29.2, the following 
words and terms when used in this chapter shall have the following meanings, 
unless the context clearly indicates otherwise.
(1) Administrator's Guide for Apprenticeship Training Programs -- An 
informational supplement to the Apprenticeship Training Rules, referred to in 
this chapter as "the Administrator's Guide." The Administrator's Guide is issued 
annually by the Texas Workforce Commission and provides relevant dates and 
sample application forms with instructions useful in planning and submitting an 
application for Apprenticeship Training Program funding. The Administrator's 
Guide may be obtained from the Texas Workforce Commission, Apprenticeship 
Training, 101 East 15th Street, Austin, Texas 78778-0001. 
(2) Apprentice -- A full-time paid worker, at least 16 years of age except where 
a higher minimum age standard is otherwise fixed by law, who is employed to 
learn a skilled trade under standards of apprenticeship established by the 
Bureau of Apprenticeship and Training of the U.S. Department of Labor. 
(3) Apprenticeship agreement -- A written agreement between an apprentice and 
either an employer or an apprenticeship committee acting as agent for 
employer(s), which contains the terms and conditions of the employment and 
training of the apprentice. The elements of an apprenticeship agreement are set 
forth at 29 C.F.R. sec.29.6. 
(4) Apprenticeship committee -- An autonomous local group consisting of members 
appointed by one or more employers of apprentices, or by one or more bargaining 
agents representing members of an apprenticeable trade, or a combination of the 
above. An apprenticeship committee is designated for each apprenticeship 
training program to establish instruction standards and goals for a particular 
craft or crafts, interview and select applicants, and monitor the program and 
apprentices as described in Texas Education Code, sec.133.003. 
(5) Apprenticeship training program -- A training program that provides on-the-
job training, preparatory instruction, supplementary instruction, or related 
instruction in a trade that has been certified as an apprenticeable occupation 
by the Bureau of Apprenticeship and Training of the U.S. Department of Labor. 
The program is a structured system of training designed to prepare individuals 
for occupations in skilled trades and crafts by combining training under the 
supervision of experienced journeymen with job- related classroom instruction. 
(6) Bureau of Apprenticeship and Training -- The U.S. Department of Labor, 
Employment and Training Administration, Bureau of Apprenticeship and Training. 
(7) Commission -- The Texas Workforce Commission. 
(8) Federal Regulations -- The U.S. Department of Labor standards for the 
registration of apprenticeship programs found in 29 C.F.R. Part 29. 
(9) Local Education Agency - For purposes of this Chapter 837, a public school 
district or state post- secondary institution, that provides funding under 
Chapter 133, Texas Education Code, for an apprenticeship training program 
pursuant to a contract with an apprenticeship committee. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810181
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16,1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

SUBCHAPTER B.Federal Requirements
40 TAC sec.837.21, sec.837.22
The new rules are adopted under Texas Labor Code, Section 301.061 which provides 
the Texas Workforce Commission with the authority to adopt such rules as it 
deems necessary for the effective administration of the Act.

sec.837.21. Registration with the Bureau of Apprenticeship and Training. 
(a) To qualify for funding, all apprenticeship training programs must be 
registered with the Bureau of Apprenticeship and Training to obtain acceptance 
and recording of such program as meeting the basic standards and requirements 
defined in 29 C.F.R. Part 29. Approval of an apprenticeship training program is 
evidenced by a Certificate of Registration issued by the Bureau of 
Apprenticeship and Training. 
(b) All apprenticeship agreements must be registered with the Bureau of 
Apprenticeship and Training to obtain acceptance and recording of such agreement 
as evidence of the participation of the apprentice in a particular registered 
apprenticeship program.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810182
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16,1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

SUBCHAPTER C.Funding Notice and Application Process
40 TAC sec.sec.837.41-837.44
The new rules are adopted under Texas Labor Code, Section 301.061 which provides 
the Texas Workforce Commission with the authority to adopt such rules as it 
deems necessary for the effective administration of the Act.

sec.837.41. Notice of Available Funds.
(a) The Commission, upon the recommendation of the Texas Council on Workforce 
and Economic Competitiveness, shall provide annual notice, through publication 
in the Texas Register , to all potential program sponsors of funds available to 
support apprenticeship training programs for the prospective fiscal year. The 
Apprenticeship Training Program's fiscal year starts on September 1 and ends on 
August 31 of each year. 
(b) The notice shall also include the annual funding formula for the prospective 
fiscal year, consisting of the contact-hour rate, the percentage of funds 
available for new programs or established programs not currently receiving 
funds, and any funds set aside for other funding purposes.
(c) The contact-hour rate is the method used to distribute apprenticeship 
training funds to local education agencies that provide related instruction to 
registered apprenticeship training programs. The contact-hour rate is determined 
by the statewide total number of contact hours of apprenticeship training 
instruction classes divided into the amount of available funds. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810183
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16, 1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

SUBCHAPTER D.Funding Qualifications
40 TAC sec.sec.837.61-837.65
The new rules are adopted under Texas Labor Code, sec. 301.061 which provides 
the Texas Workforce Commission with the authority to adopt such rules as it 
deems necessary for the effective administration of the Act.

sec.837.61. Eligible Applicants. 
(a) Entities eligible to apply to the Commission for apprenticeship training 
funding are public school districts and state post-secondary institutions.
(b) Approved local education agencies shall be the fiscal agents for the funds 
and are subject to the audit procedures described in Texas Education Code, 
sec.133.005. Approved local education agencies shall subcontract with the local 
apprenticeship committee of a registered apprenticeship training program to fund 
job-related classroom instruction.

sec.837.64. Funding Qualifications for a Related Instruction (Apprentice) Class.
The following additional eligibility requirements must be met for an 
apprenticeship training program to qualify for the funding of a related 
instruction (apprenticeship) class:
(1) Each apprentice of the specific occupation of the program must: 
(A) be a full-time employee in the private sector in Texas;
(B) be registered with the Bureau of Apprenticeship and Training on or before 
September 1 of the applicable program year; 
(C) receive related instruction concurrently with on-the-job training; and 
(D) be physically present on the official third class meeting, or both the 
second and fourth class meetings, as evidenced by the physical presence of the 
authorized local education agency administrator. 
(2) Each job-related instruction class for the applicable program year must 
begin on or after September 1, conduct the fourth class meeting no later than 
the first Saturday in October, and end on or before August 31. 
(3) Only registered apprentices are allowed to attend a related (apprentice) 
instruction class. The class will be disallowed for funding for the entire year 
if anyone else attends the class. The local education agency will reimburse the 
Commission for any disallowed funding. 
(4) The number of approved related instruction hours per class per year must be 
certified by the Bureau of Apprenticeship and Training.
(5) The number of estimated contact hours and the number of actual contact hours 
of the apprenticeship training instruction classes must be submitted by the 
local education agency and received by the Commission on or before the 
respective due dates as annually prescribed by the Commission.

sec.837.65. Qualifications for Funding a Supplementary Instruction (Journeymen) 
Class. 
Supplementary instruction classes will be funded if eligible and if funds are 
available after final allocations to related instruction classes. The following 
eligibility requirements must be met for an apprenticeship training program to 
qualify for the funding of a supplementary instruction (journeymen) class: 
(1) Each supplementary instruction class shall be for skill upgrading directly 
related to the trade of the sponsoring organization/association with tasks or 
skills performed at the journeymen level; not to exceed forty-eight hours of 
instruction. 
(2) Each supplementary instruction class shall maintain an accurate attendance 
roster listing every person who attends the class and their attendance. 
(3) Only journeymen who are employed in Texas by members of the support 
organization/association are allowed to attend supplementary instruction 
classes. The class will be disallowed for funding if anyone else attends the 
class. 
(4) For additional background and information on supplementary instruction 
classes, see the Administrator's Guide. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810184
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16,1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

SUBCHAPTER E.Use of Funds and Account Maintenance
40 TAC sec.sec.837.81-837.85
The new rules are adopted under Texas Labor Code, Section 301.061 which provides 
the Texas Workforce Commission with the authority to adopt such rules as it 
deems necessary for the effective administration of the Act.

sec.837.82. Cost Categories.
Costs are divided into two main categories, administrative and instructional. 
(1) Administrative. Costs that are allowable, necessary and reasonably incurred 
by the local education agency to properly administer and manage the funds, such 
as salaries for local education agency supervisors and administrative supplies. 
Administrative costs may not exceed 15% of the total contract.
(2) Instructional. Costs that are allowable, necessary and reasonable for the 
apprenticeship training program to properly conduct the job-related instruction 
class, such as instructors' salaries and instructional supplies. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810185
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16,1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

SUBCHAPTER F.Compliance Monitoring
40 TAC sec.837.100, sec.837.101
The new rules are adopted under Texas Labor Code, sec.301.061 which provides the 
Texas Workforce Commission with the authority to adopt such rules as it deems 
necessary for the effective administration of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810186
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16,1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

SUBCHAPTER G.Reporting Requirements
40 TAC sec.sec.837.121-837.125
The new rules are adopted under Texas Labor Code, Section 301.061 which provides 
the Texas Workforce Commission with the authority to adopt such rules as it 
deems necessary for the effective administration of the Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 26, 1998.
TRD-9810187
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 16,1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8812

CHAPTER 839.Welfare to Work
40 TAC sec.sec.839.1-839.3
The Texas Workforce Commission (Commission) adopts new sec.sec.839.1-839.3 
relating to the Welfare to Work (WtW) program, without changes to the proposed 
text as published in the May 15, 1998, issue of the Texas Register (23 TexReg 
4893). The rules will not be republished here.
The purpose of new sec.sec.839.1 and sec.839.2 is to stipulate the requirement 
for local entities to comply with the federal WtW program statutes and 
regulations and the state WtW plan. 
The purpose of new sec.839.3 is to provide the conditions under which the 
Commission will reimburse funds. 
Adoption of these new rules govern the requirements for local workforce 
development boards (boards), private industry councils (PICs), or other approved 
entities administering the WtW program to be in compliance with federal statute 
and regulations. The Balanced Budget Act of 1997 authorized the U.S. Department 
of Labor (DOL) to provide WtW formula grants to states and local communities to 
create additional job opportunities for hard-to-employ recipients of Temporary 
Assistance for Needy Families (TANF). These grants will provide many welfare 
recipients with job placement services, transitional employment, and other 
support services that they need to make the successful progression into long-
term unsubsidized employment. The Texas WtW plan is an addendum to the state's 
TANF plan. 
Under the WtW formula grant, Texas will allocate 85% of its funding from DOL to 
the boards. If a local workforce development area does not have a certified 
board, the funds for that area will be allocated to the PIC for that area. 
Federal law requires that the allocation of funds to boards be based on a 
formula that allocates at least half of the funds based on the relative 
percentage of the local workforce development area's residents who are poor, 
such as the number of poor individuals living in the area in excess of 7.5 
percent of the total population of the area. Not more than half of the funds may 
be distributed based on one or both of two additional factors: (1) the number of 
adults in the local workforce development area receiving TANF for 30 months or 
more (long-term TANF factor), and/or (2) the number of unemployed individuals in 
the local workforce development area (unemployment factor). 
The rules for WtW are consistent with the general state's workforce development 
statutes and rules that establish local control and authority under workforce 
development boards. Boards have the jurisdiction and the authority to develop 
local policy, to determine which segments of the eligible population to target, 
to determine service delivery practices and procedures, to establish the 
services and activities available in each local workforce development area, to 
demonstrate collaboration with other local partners, and to provide in-kind 
matching funds for the program. The activities and services are to be delivered 
consistent with the federal and state regulations, these rules, and any 
implementation polices and procedures. 
No comments were received on the proposed rules. 
The rules are adopted under Texas Labor Code sec.301.061 which provides the 
Commission with the authority to adopt, amend, or repeal such rules as it deems 
necessary for the effective administration of Commission programs.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 1998.
TRD-9810129
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: July 15,1998
Proposal publication date: May 15, 1998
For further information, please call: (512) 463-8812

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 1. Management
SUBCHAPTER A. Organization and Responsibilities
43 TAC sec.1.1, sec.1.2
The Texas Department of Transportation adopts amendments to sec.1.1 and sec.1.2, 
concerning organization and responsibilities. Sections 1.1 and 1.2 are adopted 
without changes to the proposed text as published in the April 17, 1998, issue 
of the Texas Register (23 TexReg 3819) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS 
Transportation Code, sec.201.102 requires the commission to develop policies 
that clearly separate the policy-making responsibilities of the commission and 
the management responsibilities of the executive director and staff of the 
department. 
The amendments to sec.1.1 and sec.1.2 are adopted to reflect recently enacted 
legislation affecting the responsibilities of the commission and the department 
and to clarify the respective roles of the commission and the executive director 
in determining the organizational structure of the department and ensure that 
those roles are consistent with the commission's and the commissioner of 
transportation's statutory responsibilities concerning department organization.
COMMENTS 
No comments were received on the amendments. 
STATUTORY AUTHORITY 
The amendments are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of work of the Texas Department of Transportation, and 
more specifically, sec.201.102, which requires the commission to develop 
policies that clearly separate the policy-making responsibilities of the 
commission and the management responsibilities of the executive director and 
staff of the department. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 1998.
TRD-9810237
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Effective date: July 19, 1998
Proposal publication date: April 17, 1998
For further information, please call: (512) 463-8630