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

TITLE 13. CULTURAL RESOURCES
PART IV. Records Management Interagency Coordinating Council
CHAPTER 50. Council Procedures
13 TAC sec.sec.50.1, 50.3, 50.5, 50.7, 50.9, 50.11
The Records Management Interagency Coordinating Council proposes new 
sec.sec.50.1, 50.3, 50.5, 50.7, 50.9, and 50.11, concerning the council's 
procedures. The new rules are proposed under the authority of the Texas 
Government Code, sec.441.053(g), and in compliance with the Texas Government 
Code, sec.2001. These procedures define the functions of the Council regarding 
its purpose, officers, meetings, committees, staff, and rules.
Teresa Morales, Chair of the Council, has determined that for each of the first 
five years the rules are in effect, there will be no fiscal implications for 
state and local government as a result of administering the rules. 
Ms. Morales also has determined that for each year of the first five years the 
rules as proposed are in effect the public will benefit by the council's 
procedures being clearly defined. There will be no effect on small businesses. 
There is no anticipated economic cost to persons required to comply with the 
rules as proposed. 
Comments on the proposal may be submitted in writing within 30 days of 
publication in the Texas Register to Teresa Morales, Chair of the Records 
Management Interagency Coordinating Council, C/O Texas State Library, P.O. Box 
12927 Austin, Texas 78711-2927, or by email to teresa.morales@cpa.state.tx.us. 
The rules are proposed under the Texas Government code, sec.441.053, which 
provides the Records Management Interagency Coordinating Council with the 
authority to adopt rules to improve the state's management of records.
The Texas Government Code, sec.441.053(g) is affected by the proposed rules. 

sec.50.1. Purpose. 
The Records Management Interagency Coordinating Council (RMICC) was established 
by Senate Bill 366 during the 74th Legislative Session in 1995. RMICC 
coordinates the management of government records by: 
(1) informing the legislature on records management issues and making 
recommendations to improve records management processes and accountability; 
(2) facilitating the transition from paper to electronic records; and 
(3) developing consistent records management in state agencies. 

sec.50.3. Officers.
(a) The RMICC is composed of the following officers or the officer's designee: 
(1) the secretary of state; 
(2) the state auditor, who serves as a nonvoting member; 
(3) the comptroller of public accounts; 
(4) the attorney general; 
(5) the director and librarian of the State Library and Archives Commission; 
(6) the executive director of the General Services Commission; and 
(7) the executive director of the Department of Information Resources. 
(b) Designees have full power and authority to act on behalf of the members of 
the RMICC who they represent. 
(c) The presiding officer is the chair, who shall be one of the officers or an 
officer's designee. 
(1) The officers shall nominate and elect a chair and a vice chair during even-
numbered years. 
(2) The chair and vice-chair shall serve for two years, beginning on February 1 
of each odd-numbered year. 
(d) Should the chair resign, the vice chair shall serve as chair for the 
remainder of the unexpired term. 
(e) The chair shall preside at all meetings of the commission. If the chair is 
unavailable, the vice chair will act as chair. 
(f) No member shall serve more than two consecutive full terms in any one 
office. 
(g) Notices, suggestions, correspondence, or other documents to be delivered to 
the RMICC shall be delivered to P.O. Box 12927, Austin, Texas, 78711. Phone: 
(512) 463-5460. 

sec.50.5. Meetings. 
(a) The RMICC shall meet at least once quarterly and at other times at the call 
of the chair or upon the written request of three or more members. Any written 
request must be filed with the chair or the vice chair. All meetings shall 
comply with the open meetings provisions in the Government Code, Chapter 551. 
(b) The chair or a majority of the officers may call a special meeting at any 
time by giving at least seven days' notice to all officers. 
(c) The chair or a majority of the officers will designate the time, date, and 
place of all meetings. The chair shall be responsible for filing notice of 
meetings as required by law. The chair shall also give notice of the meetings to 
RMICC officers. 
(1) The chair shall prepare the agenda before RMICC meetings. 
(2) Items shall be included on the agenda upon the written request of one RMICC 
member and approval of the chair. 
(3) An officer who is unable to attend a meeting shall notify the chair before 
the meeting, and if possible send a designee to the meeting. 
(d) The RMICC may take action upon a majority vote of the members eligible to 
vote on that action. 
(e) The chair shall designate a clerk to keep a complete record of the meetings 
of the RMICC and shall prepare written summaries or minutes reflecting actions 
taken by the RMICC officers present as required by the Government Code, Chapter 
551. 
(f) An opportunity for public comments shall be provided at each RMICC meeting. 
Public comments shall be heard subject to limitations imposed at the discretion 
of the chair, including time limits and other constraints as necessary for 
efficient and fair consideration of agenda items. 
(g) The RMICC may periodically hold public hearings to obtain input regarding 
the policies and operations of the Council, issues before the Council, and to 
solicit suggestions and ideas from interested members of the public. 

sec.50.7. Committees. 
(a) The RMICC may assign committees to review, evaluate, consider, or analyze 
any legislation, suggestions, proposals, or other information on the RMICC's 
behalf. The assigned committees may perform any function deemed necessary by the 
RMICC. The results of any reviews or evaluations may be made in writing and 
submitted to the RMICC. 
(1) The RMICC may consider the written recommendations, but shall not be bound 
by such recommendations. 
(2) The RMICC may vote to abolish a committee or change a committee's 
assignment. 
(b) All committee chairs shall be nominated and elected by the RMICC. Committee 
chairs may appoint committee members. 

sec.50.9. Staff. 
Service on the RMICC is an additional duty of a member's office or employment. A 
member of the Council is not entitled to compensation for performing the work of 
the Council but is entitled to reimbursement for actual expenses incurred in 
performing that work. 

sec.50.11. Rules. 
To implement its policies, the RMICC shall adopt rules as prescribed under the 
Government Code, Section 441.053 and under the Administrative Procedure Act, 
Government Code, Section 2001. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 1998.
TRD-9810637
Teresa Morales
Chair of RMICC
Records Management Interagency Coordinating Council
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 463-4498

TITLE 16. ECONOMIC REGULATION
PART I. Railroad Commission of Texas
CHAPTER 1. Practice and Procedure
SUBCHAPTER G. Hearings
16 TAC sec.1.130
The Railroad Commission of Texas proposes new sec.1.130, relating to telephonic 
proceedings. New sec.1.130 outlines the method to request a telephonic 
proceeding, how the proceeding shall be conducted, the establishment of the 
record in such proceedings, and the grounds for a default judgment or a 
dismissal. 
Proposed new sec.1.130 permits a party to request to appear at a commission 
proceeding by telephone either in the request for a hearing or in a subsequent 
timely-filed motion. The request must be in writing, filed at the commission, 
and served on all parties, and must include the pertinent telephone number(s), 
the scope of the telephonic portion of the proceeding, and the identity of any 
witnesses that may testify telephonically. If expert witnesses will testify, the 
request must include their qualifications to testify as experts. 
In determining whether it is feasible to conduct all or part of a proceeding 
telephonically, the hearings examiner must ensure that such proceeding will 
provide due process and will be fair, and must take into account the following 
factors: whether a party's request is timely; whether all parties have agreed in 
writing, and if so, whether the parties have demonstrated how witnesses will be 
separated, how coaching of witnesses will be prevented, why observing only a 
witness's oral demeanor is sufficient, how the witnesses' and parties' 
identities will be established; the number of parties; the number of witnesses; 
the number and type of exhibits; the distance of the parties or witnesses from 
Austin; the nature of the hearing; and any other pertinent factors which the 
examiner believes may affect the proceeding. If the examiner determines that a 
telephonic proceeding will be held, the examiner must notify the parties five 
days in advance of the proceeding. 
All substantive and procedural rights apply to telephonic proceedings, subject 
only to the limitations of the physical arrangement. The time and location of 
telephonic proceedings will be posted, and any person may, by advance request, 
be present in the room with the hearings examiner. The hearings examiner will 
conduct telephonic proceedings using a speaker either the hearings examiner will 
make a tape recording of the telephonic proceeding, or the proceeding will be 
transcribed by a court reporter. 
The hearings examiner will initiate the telephonic proceeding, including 
arranging any necessary conference call. When all parties appearing 
telephonically are connected, the hearings examiner will affirm the parties' 
consent to the telephonic proceeding; call the proceeding to order; ask for all 
parties to identify themselves, their locations, and their witnesses; affirm on 
the record the prior written agreement from all parties consenting to the 
telephonic appearance or proceeding; and state whether the proceeding is being 
memorialized by means of a tape recording or transcription of the proceeding. 
The hearings examiner will administer the oath to each witness individually, 
prior to his or her testimony. 
If the hearings examiner decides or any party requests not to proceed with the 
telephonic proceeding at any time, or asserts that the presence of the parties 
or witnesses in the hearing room is necessary for full disclosure of the facts, 
the hearings examiner may postpone, continue, or recess the proceeding, as 
appropriate, until the earliest possible date and time for the proceeding to be 
reconvened with all participants present in person. The examiner must state on 
the record or in writing to all parties the reasons for terminating the 
telephonic proceeding and state the date, time, and location of the reconvened 
proceeding. 
The commission may consider the following events to constitute a failure to 
appear and grounds for default or dismissal: failure to answer the telephone for 
more than 10 minutes after the scheduled time for the proceeding; failure to 
free the telephone for the proceeding for more than 10 minutes after the 
scheduled time for the proceeding; failure to be ready to proceed with the 
proceeding within 10 minutes of the scheduled time; and a party's intentional 
disconnection from the conference call. If the examiner is prevented from 
connecting all parties (due to technical difficulties, for example), the 
examiner may postpone, continue, or recess the proceeding, as appropriate, until 
the earliest possible date and time for the proceeding to be reconvened. 
In the event of accidental disconnection of one or more parties to the 
proceeding, the hearings examiner will immediately recess the hearing and 
attempt to re-establish the connection or connections. If reconnection is 
achieved within 30 minutes, the hearings examiner may resume the telephonic 
hearing, or may postpone, continue, or recess the proceeding, as appropriate, 
until the earliest possible date and time for the proceeding to be reconvened. 
The examiner must state on the record the date, time, and location of the 
reconvened proceeding. If reconnection cannot be achieved, then the hearings 
examiner then recesses the telephonic proceeding until a date and time certain 
and at a location specified in a written notice of reconvened hearing. 
Mary Ross McDonald, Deputy General Counsel, Office of General Counsel, has 
determined that for each year of the first five years the proposed new section 
is in effect there will be fiscal implications for state government. The fiscal 
impact results from the cost of using the state's TexAn network to make long- 
distance telephone calls to conduct hearings. Intrastate calls on TexAn are 
approximately $0.10 per minute (day) and $0.07 per minute (night). Interstate 
calls on TexAn are approximately $0.07 per minute (day) and $0.05 per minute 
(night). Because the commission cannot know how many telephonic proceedings it 
might conduct or how long any of them might last, it is not possible to 
calculate the total annual fiscal impact. There are no fiscal implications for 
local governments. 
Ms. McDonald has also determined that the public benefit anticipated as a result 
of enforcing the new section will be the commission's ability to offer another 
method by which parties may appear at commission proceedings. In addition, by 
holding some proceedings telephonically, the commission will be freeing hearing 
rooms that would otherwise be used, so that it should be possible to conduct 
some proceedings sooner than would be the case if a room had to be reserved. 
There may be some cost of compliance for small businesses or individuals as a 
result of the proposed new section, but those may be offset by savings. Parties 
seeking to introduce documentary evidence will bear the cost of mailing or 
otherwise delivering copies to all parties and the hearings examiner at least 
three days prior to the proceeding; the cost will depend on the number of copies 
mailed or delivered and the type of service the party uses. The additional cost 
would be only for mailing or other delivery, since copies of documentary 
evidence must be provided to all parties and to the hearings examiner regardless 
of the forum. On the other hand, parties would be able to save the expenses 
associated with travel to Austin for a prehearing conference or a hearing, and 
it seems likely that such savings would exceed the cost of mailing or other 
delivery of copies of documentary evidence. It is not possible to calculate 
either the costs or the savings that an individual or small business might 
experience as a result of participating in a hearing telephonically, since that 
will depend on the difference between the cost of mailing or delivering copies 
of documents and the cost of travel to Austin, and will vary for each party, 
type of proceeding, and volume of documentary material. 
The Commission has not requested a local employment impact statement pursuant to 
Texas Government Code, sec.2001.022(h).
Comments on the proposal may be submitted to Mary Ross McDonald, Deputy General 
Counsel, Office of General Counsel, Railroad Commission of Texas, P.O. Box 
12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days after 
publication in the Texas Register. The commission would find particularly 
helpful comments about whether the timelines stated in the proposed rule are 
sufficiently flexible to be useful to parties in a variety of commission 
proceedings. For more information, call Ms. McDonald at (512) 463-7008. 
The new section is proposed under the Texas Government Code, sec.2001.004(1), 
which requires the commission to adopt rules of practice stating the nature of 
all available formal and informal procedures. 
Texas Government Code, sec.2001.004(1), is affected by the proposed new section. 

sec.1.130. Telephonic Proceedings.
(a) The hearings examiner, on the timely written motion of a party or on the 
examiner's own motion and with the consent of all parties to a protested 
proceeding, may conduct all or part of a prehearing conference or hearing by 
telephone. 
(b) A party may request to appear at a prehearing conference or a hearing by 
telephone. 
(1) All motions requesting a telephonic appearance or proceeding shall be in 
writing, shall be filed at the commission and served on all parties not less 
than 20 days prior to the proceeding, and shall include the pertinent telephone 
number(s). 
(2) If the request is to conduct only a portion of the proceeding by telephonic 
means, the requesting party shall specify the part of the proceeding to be 
conducted telephonically. 
(3) If the proceeding involves testimony, the requesting party shall identify 
the witnesses and, for expert witnesses, their qualifications to testify as 
experts. 
(4) Responses to a request for telephonic appearance shall be made in accordance 
with sec.1.28 of this title (relating to Responsive Pleadings and Emergency 
Action). 
(5) Upon agreement of the parties or a finding of good cause, the examiner may 
modify the times for filing a request for telephonic appearance and/or responses 
to such a request, and for filing witness information.
(c) In considering whether conducting all or part of a prehearing conference or 
hearing by telephone is feasible, the hearings examiner shall ensure that the 
telephonic hearing will provide due process and will be fair, and shall take 
into account the following factors: 
(1) whether a party's request for such is timely; 
(2) whether all parties to a protested proceeding have agreed in writing, filed 
no later than five days prior to the proceeding, to conducting all or part of 
the proceeding via telephone; 
(3) whether the parties have demonstrated: 
(A) how witnesses will be separated; 
(B) how coaching of witnesses will be prevented; 
(C) why observing a witness's oral demeanor is adequate to make a reliable 
determination of the truth of the witness's testimony; and 
(D) how the witnesses' and parties' identities will be established; 
(4) the number of parties; 
(5) the number of witnesses; 
(6) the number and type of exhibits; 
(7) the distance of the parties or witnesses from Austin; 
(8) the nature of the hearing; and 
(9) any other pertinent factors which the examiner believes may affect the 
proceeding. 
(d) The hearings examiner shall issue a ruling not less than five days prior to 
the proceeding stating whether the proceeding will be conducted, in whole or in 
part, telephonically. In addition, the examiner shall notify all parties by 
telephone or by facsimile transmission of the ruling. The parties may waive this 
notice deadline. 
(e) The proponent of any documentary evidence shall serve copies of that 
evidence on all parties and the hearings examiner no later than three days prior 
to the telephonic proceeding. All documentary evidence shall be clearly labeled 
with the name of the sponsoring party and a unique document number. With the 
consent of the hearings examiner, a party may supplement or amend evidence less 
than three days prior to the proceeding or during the proceeding. 
(f) All substantive and procedural rights apply to telephonic proceedings, 
subject only to the limitations of the physical arrangement. 
(g) The time and location of telephonic proceedings shall be properly posted, 
and any person may, by advance request, be present in the room with the hearings 
examiner. 
(h) The hearings examiner shall conduct telephonic proceedings using a speaker 
telephone. The hearings examiner shall make a tape recording of the telephonic 
proceeding, or the proceeding may be recorded by a court reporter by prior 
arrangement, pursuant to sec.1.129 of this title (relating to Reporters and 
Transcripts). 
(i) The telephonic proceeding, including arranging the conference call, shall be 
initiated by the hearings examiner. When all parties appearing telephonically 
are connected, the hearings examiner shall affirm the parties' consent to the 
telephonic proceeding. 
(1) The hearings examiner shall then call the proceeding to order and ask for 
all parties to identify themselves, their locations, and their witnesses. 
(2) The hearings examiner shall affirm on the record the prior written agreement 
from all parties consenting to the telephonic appearance or proceeding and shall 
state whether the proceeding is being memorialized by means of a tape recording 
or transcription of the proceeding. 
(3) The hearings examiner shall administer the oath to each witness 
individually, prior to his or her testimony. 
(j) If the hearings examiner is prevented from establishing the telephonic 
connection for the proceeding through circumstances which are beyond the control 
of any party or the examiner; which cannot be attributed to any party's 
intentional or negligent conduct; and which continue for at least 30 minutes 
past the time for beginning the hearing, the hearings examiner may postpone, 
continue, or recess the proceeding, as the hearings examiner deems appropriate, 
until the earliest possible date and time for the proceeding to be reconvened. 
The hearings examiner shall state on the record or in writing to all parties the 
date, time, and location of the reconvened proceeding. 
(k) If the hearings examiner decides or any party requests not to proceed with 
the telephonic proceeding at any time, or asserts that the presence of one or 
more of the parties or witnesses in the hearing room is necessary for full 
disclosure of the facts and states the reasons for such an assertion, the 
hearings examiner may postpone, continue, or recess the proceeding, as the 
hearings examiner deems appropriate, until the earliest possible date and time 
for the proceeding to be reconvened with all participants present in person. The 
examiner shall state on the record and in writing to all parties the reasons for 
terminating the telephonic proceeding and the date, time, and location of the 
reconvened proceeding. 
(l) The commission may consider the following events to constitute a failure to 
appear and grounds for default or dismissal: 
(1) failure to answer the telephone for more than 10 minutes after the scheduled 
time for the proceeding; 
(2) failure to free the telephone for the proceeding for more than 10 minutes 
after the scheduled time for the proceeding; 
(3) failure to be ready to proceed with the proceeding within 10 minutes of the 
scheduled time; and 
(4) a party's intentional disconnection from the call. 
(m) In the event of accidental disconnection of one or more parties to the 
proceeding, the hearings examiner shall immediately recess the hearing and 
attempt to re-establish the connection or connections. 
(1) If reconnection is achieved within 30 minutes, the hearings examiner may 
resume the telephonic hearing, or may postpone, continue, or recess the 
proceeding, as the hearings examiner deems appropriate, until the earliest 
possible date and time for the proceeding to be reconvened. The examiner shall 
state on the record or in writing to all parties the date, time, and location of 
the reconvened proceeding. 
(2) If reconnection cannot be achieved within 30 minutes, then the hearings 
examiner shall recess the telephonic proceeding until a date and time certain 
and at a location specified in a written notice of reconvened hearing.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 1, 1998.
TRD-9810365
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 463-7008

CHAPTER 7. Gas Utilities Division
SUBCHAPTER B. Substantive Rules 
16 TAC sec.7.45
The Railroad Commission of Texas proposes amendments to sec.7.45 relating to the 
commission's quality of service rules for gas utilities. Section 7.45 sets forth 
minimum service standards for gas utility service to residential and small 
commercial customers. 
The proposed amendment implements the provisions of House Bill 670, 73rd 
Legislature, 1993, later codified in Texas Civil Statutes, Article 1446c-2, and 
subsequently in Texas Utilities Code, sec.sec.182.001-182.005. Proposed new 
paragraph (2)(E) would require gas utilities to permit persons 60 years of age 
and older to delay payment of gas utility bills without penalty for up to 25 
days after the utility bill is issued. 
Karl J. Nalepa, Deputy Assistant Director, Gas Services Division, has determined 
that for the first five-year period the proposed amendment is in effect there 
will be no fiscal impact upon state or local governments as a result of 
enforcing or administering the proposed amendment. 
Mr. Nalepa has also determined that the cost of compliance with the proposed 
amendment will be the same for small and large businesses. To the extent 
businesses are required to defer recovery of utility revenue from elderly 
persons for up to 25 days from the date of issuance of the bill, businesses may 
incur opportunity costs associated with revenues not recovered as promptly as 
they would have been without the rule. In addition, businesses may incur 
additional working capital costs due to potential increased delay in recovering 
revenue for service provided. 
The anticipated economic cost to persons who are required to comply with the 
proposed amendment will depend on the number of elderly customers requesting 
delayed payment of gas utility bills; the dollar amount of the bills so delayed; 
the length of the delay in recovery of utility revenue associated with these 
bills; the utility's discount rate; and the utility's cost of capital. 
Mr. Nalepa has determined that for each year of the first five years the 
proposed amendment is in effect the public benefit anticipated as a result of 
enforcing or administering the rule will be to grant a reasonable preference or 
advantage in rates and services to recognize and assure the dignity of elderly 
persons; to provide elderly persons greater flexibility in the payment of gas 
utility bills; to permit elderly persons, who often have fixed or restricted 
incomes, greater opportunities to budget utility payments and manage their 
financial resources; to reduce late payment penalties incurred by elderly 
persons; to reduce the number of service terminations of elderly persons and the 
potential life or health threatening consequences of such terminations; to 
improve utility-customer relations; to reduce the expenditure of utility 
resources in terminating and reestablishing service; to reduce the expenditure 
of resources by elderly persons responding to service terminations, and 
requesting and negotiating reestablishment of service; to reduce utility 
uncollectible expense; and to avert the potential for disputes over billing, 
service termination, and service reestablishment that could lead to commission 
proceedings requiring the commitment of commission resources. 
The commission has not requested a local employment impact statement pursuant to 
Texas Government Code, sec.2001.022(h). 
Comments may be submitted to Mr. Karl J. Nalepa, Deputy Assistant Director, Gas 
Services Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 
78711-2967. Comments will be accepted for 30 days after publication in the Texas 
Register and should refer to Gas Utilities Docket (GUD) No. 8873. For additional 
information, call Mr. Nalepa at (512) 463- 8574.
The commission proposes the amendment under Texas Utilities Code, 
sec.sec.104.001, which authorizes the commission to determine the classification 
of customers and services and to ensure that gas utilities comply with the 
obligation of the Code, and sec.sec.182.001-182.005, which provide for the delay 
without penalty of the payment date of gas utility bills by elderly persons. 
Texas Utilities Code, sec.sec.104.001 and 182.001-182.005, are affected by the 
proposed amendment. 

sec.7.45. Quality of Service. 
For gas utility service to residential and small commercial customers, the 
following minimum service standards shall be applicable in unincorporated areas. 
In addition, each gas distribution utility is ordered to amend its service rules 
to include said minimum service standards within the utility service rules 
applicable to residential and small commercial customers within incorporated 
areas, but only to the extent that said minimum service standards do not 
conflict with standards lawfully established within a particular municipality 
for a gas distribution utility. Said gas distribution utility shall file service 
rules incorporating said minimum service standards with the Railroad Commission 
and with the municipalities in the manner prescribed by law. 
(1) (No change.) 
(2) Customer relations. 
(A)-(D) (No change.) 
<nl>(E)<ol> Delayed payment of bills by elderly persons. 
<nl>(i)<ol> Applicability. This subparagraph applies only to: 
<nl>(I)<ol> a utility that assesses late payment charges on residential 
customers and that suspends service before the 26th day after the date of the 
bill for which collection action is taken; 
<nl>(II)<ol> utility bills issued on or after August 30, 1993; and 
<nl>(III)<ol> an elderly person, as defined in subparagraph (ii) of this 
paragraph, who is a residential customer and who occupies the entire premises 
for which a delay is requested. 
<nl>(ii)<ol> Definitions. 
<nl>(I)<ol> Elderly person--A person who is 60 years of age or older. 
<nl>(II)<ol> Utility--A gas utility or municipally owned utility, as defined in 
Texas Utilities Code, sec.sec.101.003(7), 101.003(8), and 121.001-121.006. 
<nl>(iii)<ol> An elderly person may request that the utility implement the delay 
for either the most recent utility bill or for the most recent utility bill and 
each subsequent utility bill. 
<nl>(iv)<ol> On request of an elderly person, a utility shall delay without 
penalty the payment date of a bill for providing utility services to that person 
until the 25th day after the date on which the bill is issued. 
<nl>(v)<ol> The utility may require the requesting person to present reasonable 
proof that the person is 60 years of age or older. 
<nl>(vi)<ol> Every utility shall notify its customers of this delayed payment 
option no less often than yearly. A utility may include this notice with other 
information provided pursuant to subparagraph (A) of this paragraph. 
(3)-(8) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 1, 1998.
TRD-9810364
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 463-7008

CHAPTER 15. Alternative Fuels Research and Educational Division
SUBCHAPTER A. General Rules
16 TAC sec.15.30
The Railroad Commission of Texas proposes to amend sec.15.30, relating to the 
Propane Alternative Fuels Advisory Committee. Specifically, the commission 
proposes to amend the date on which the advisory committee is abolished in order 
to continue the committee in existence until September 1, 2002. 
Dan Kelly, Director, Alternative Fuels Research and Education Division, has 
determined that, because the proposed amendment would result in the continuation 
of an existing advisory committee, for each year of the first five years the 
proposed amendment will be in effect there will be no fiscal implications for 
state or local governments or small businesses as a result of enforcing or 
administering the section as amended. 
Mr. Kelly has also determined that for each year of the first five years the 
proposed amendment is in effect the public benefit anticipated will be to 
continue the current procedure by which industry and consumer members of the 
committee voluntarily provide the commission with expert advice concerning the 
programs of the Alternative Fuels Research and Education Division. There is an 
anticipated economic cost to the 17 individuals who voluntarily serve as members 
of the propane alternative fuels advisory committee, arising from the provision 
in subsection (g) of the rule that the commission will not reimburse advisory 
committee members for travel or other expenses related to service on the 
committee. The amount of that cost cannot be determined, since these expenses 
will be different for each committee member. 
Comments on the proposal may be submitted to Dan Kelly, Director, Alternative 
Fuels Research and Education Division, Railroad Commission of Texas, P. O. Box 
12967, Austin, Texas 78711-2967. Comments will be accepted for 14 days after 
publication in the Texas Register.
The amendment is proposed under Texas Natural Resources Code, sec.113.241, which 
gives the commission the authority to adopt all necessary rules relating to 
conducting research and educating the public regarding the use of propane; and 
Texas Natural Resources Code, sec.113.242, which gives the commission the 
authority to appoint one or more advisory committees composed of members 
representing the propane industry, consumers, and other interests to consult 
with and advise the commission on opportunities and methods to expand the use of 
propane.
Texas Natural Resources Code, sec.sec.113.241 and 113.242, are affected by the 
proposed amendment. 

sec.15.30. Propane Alternative Fuels Advisory Committee. 
(a) (No change.) 
(b) Establishment; duration. Effective September 1, 1994, the committee is 
hereby established. The committee is abolished on September 1, <nl>2002<ol> 
[1998], unless the commission amends this subsection to establish a different 
date. 
(c)-(m) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 1, 1998.
TRD-9810363
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 463-7008

PART II. Public Utility Commission of Texas 
CHAPTER 22.Practice and Procedure
SUBCHAPTER K.Hearings
16 TAC sec.22.202
The Public Utility Commission of Texas proposes an amendment to sec.22.202 
relating to Presiding Officer. The proposed amendment is to clarify that 
subsection (e) applies to administrative law judges with the State Office of 
Administrative Hearings (SOAH). Project Number 17709 has been assigned to this 
proceeding. 
Paula Mueller, deputy chief, Office of Regulatory Affairs, has determined that 
for each year of the first five-year period the proposed section is in effect 
there will be no fiscal implications for state or local government as a result 
of enforcing or administering the section. 
Ms. Mueller has determined that for each year of the first five years the 
proposed section is in effect the public benefits anticipated as a result of 
enforcing the section will be more clearly stated commission rules. There will 
be no effect on small businesses as a result of enforcing this section. There is 
no anticipated economic cost to persons who are required to comply with the 
section as proposed. 
Ms. Mueller has also determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographic area affected by implementing the requirements of the section. 
Comments on the proposed amendment (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, P.O. Box 
13326, Austin, Texas 78711-3326, within 30 days after publication. The 
Appropriations Act of 1997, HB 1, Article IX, Section 167 requires that each 
state agency review and consider for readoption each rule adopted by that agency 
pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). 
Such reviews shall include, at a minimum, an assessment by the agency as to 
whether the reason for adopting or readopting the rule continues to exist. The 
commission invites specific comments regarding whether the reason for adopting 
this section continues to exist in considering this proposed amendment. All 
comments should refer to Project Number 17709 and reference Procedural Rules, 
Subchapter K. 
This amendment is proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated sec.14.002 and sec.14.052 (Vernon 1998) (PURA), which 
provides the Public Utility Commission with the authority to make and enforce 
rules reasonably required in the exercise of its powers and jurisdiction, 
including rules of practice and procedure. 
Cross Index to Statutes: Public Utility Regulatory Act sec.14.002 and 
sec.14.052. 

sec.22.202.Presiding Officer.
(a) - (d) (No change.) 
(e) Replacement. If at any time <nl>a SOAH<ol> [an] administrative law judge is 
unable to continue presiding over a case, SOAH may appoint a substitute 
administrative law judge who shall perform any function remaining to be 
performed without the necessity of repeating any previous proceedings. The 
substitute administrative law judge shall read the record of the proceedings 
that occurred prior to his or her appointment before issuing a Proposal for 
Decision or recommended findings of fact and conclusions of law. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 3, 1998.
TRD-9810579
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 936-7308

TITLE 22. EXAMINING BOARDS
PART XXIV. Texas Board of Veterinary Medical Examiners
CHAPTER 573.Rules of Professional Conduct
SUBCHAPTER G.Other Provisions
22 TAC sec.573.64
The Texas Board of Veterinary Medical Examiners proposes amendments to 
sec.573.64, concerning Continuing Education Requirements. The amendments clarify 
the requirements of the program. Subsection (a)(1) clarifies that licensees in 
an inactive or retired status are exempt from obtaining continuing education as 
long as they remain in that status. Subsection (a)(3) adds the requirement that 
requests for hardship extensions must be received in the Board offices by 
December 15th. Subsection (e) is changed to add inactive status of those exempt 
from the continuing education requirements. Subsection (f) clarifies that the 
licensee is subject to disciplinary action for failure to complete the required 
CE hours without obtaining a hardship extension.
The agency is proposing these amendments to add the requirement that requests 
for hardship extensions must be received in the Board offices by December 15th. 
Ron Allen, Executive Director, has determined that for the first five-year 
period the amendments are in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the 
amendments. Mr. Allen also has determined that for the first five years the 
amendments are in effect that the public benefit anticipated as a result of 
enforcing the amendments is that veterinary medicine will be provided by only 
those veterinarians who have kept abreast of the latest advances in veterinary 
medicine. There will be no adverse effect on small businesses. There is no 
anticipated economic cost to persons required to comply with the amendments as 
proposed. Comments on the proposal may be submitted in writing to Chris Kloeris, 
Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 2-330, Austin, 
Texas 78701-3998, phone: (512) 305-7555, and must be received by August 14, 
1998. 
The amendment is proposed under the authority of the Veterinary Licensing Act, 
Texas Civil Statutes, Article 8890, sec.7(a) which states "The Board may make, 
alter, or amend such rules and regulations as may be necessary or desirable to 
carry into effect the provisions of this act." 
The amendment affects the Veterinary Licensing Act, Article 8890, sec.13(g) 
which requires the Board to establish a minimum number of hours of continuing 
education required to renew a license. 

sec.573.64. Continuing Education Requirements.
(a) Requirements.
(1) [Effective for the 1995 renewal cycle, fifteen] <nl> Fifteen <ol> (15) 
[attendance] hours of acceptable continuing education <nl> shall <ol>[will] be 
required annually for renewal of all types of Texas licenses <nl>except as 
provided in subsection (e) of this section<ol>. Licensees who successfully 
complete the Texas State Board Examination <nl> shall <ol> [will] be allowed to 
substitute the examination for the continuing education requirements of [that] 
<nl> their examination <ol>[particular] year. 
(2) Required continuing education hours must be obtained during the calendar 
year immediately preceding the submission for license renewal. Continuing 
education hours may be used for only one renewal period.
(3) Hardship extensions may be granted by appeal to the Executive Director of 
the [Texas] Board [of Veterinary Medical Examiners].<nl> The executive director 
shall only consider requests for a hardship extension from licensees who were 
prevented from completing the required continuing education hours due to 
circumstances beyond the licensee's control. Requests for a hardship extension 
must be received in the Board offices by December 15. <ol> Should such extension 
be granted, <nl> thirty (30) <ol> [30] hours of continuing education shall be 
obtained in the two-year period of time that includes the year of insufficiency 
and the year of extension. <nl> Licensees receiving a hardship extension shall 
maintain records of the<ol> 30 hours of continuing education obtained and shall 
file copies of these records with the Board by attaching the records to the 
license renewal application submitted following the extension year. 
[Documentation of the required continuing education received will be required in 
these cases, and must be filed with the Board by March 1st of the second year of 
the hardship period.]
(b) Proof of Continuing Education. The licensee shall be required to sign a 
statement on the license renewal form attesting to the fact that the required 
continuing education hours have been obtained. It shall be the responsibility of 
the licensee to maintain records which support the sworn statements. Such 
records [may] include continuing education <nl> certificates <ol> [certificate], 
attendance records signed by the presenter, [and] <nl>and/or <ol> receipts for 
meeting registration fees. These documents must be maintained for the last 3 
complete renewal cycles and <nl> shall <ol> [will] be provided for inspection to 
[Texas] Board [of Veterinary Medical Examiners] investigators upon request. 
(c) Acceptable Continuing Education. Acceptable continuing education hours <nl> 
shall <ol>[will] be [considered by the Board to be] hours earned by <nl> 
attending <ol> [participation in] meetings sponsored <nl> or co-sponsored <ol> 
by the American Veterinary Medical Association (AVMA), AVMA's affiliated state 
veterinary medical associations and/or their continuing education organizations, 
AVMA recognized specialty groups, regional veterinary medical associations, 
local veterinary medical associations, and veterinary medical colleges. [Other 
offerings of continuing education hours may be approved by the]<nl> The <ol> 
Executive Director and a <nl> licensed veterinarian <ol> Board member <nl> 
appointed <ol> [who is a veterinarian designated] by the Board President <nl> 
may approve hours earned by alternative methods.<ol>
(d) Distribution of Continuing Education Hours. <nl>Of the required 15 hours of 
continuing education, no more than five may be derived from either: <ol>
<nl>(1)<ol> [Not more than 5 hours of required continuing education may be 
derived from] correspondence courses[, nor will]; <nl> or <ol>
<nl>(2)<ol> [more than 5 hours of] practice management <nl> courses <ol> [be 
acceptable]. Continuing Education obtained as part of a disciplinary action is 
acceptable [credit towards the total of 15 hours required annually]. 
(e) Exemption from Continuing Education Requirements. <nl> A licensee is not 
required to obtain or report continuing education hours, provided that the 
licensee submits to the Board sufficient proof that during the preceding year 
the licensee was: <ol>
<nl>(1)<ol> [A licensee who is] in retired status, 
<nl>(2)<ol> a veterinary intern or resident, or 
<nl>(3)<ol> [who is] out-of-country on charitable or special government 
assignments <nl> for <ol> [during] at least nine months [of the preceding year, 
shall not be required to meet continuing education requirements to renew his/her 
license]<nl> or <ol>
<nl>(4)<ol> on inactive status. Licensees on inactive status may voluntarily 
acquire continuing education for purposes of reinstating his/her license to 
regular status. 
(f) Disciplinary Action for Non-Compliance. <nl> Failure to complete the 
required hours without obtaining a hardship extension from the executive 
director, failure <ol> [Failure] to maintain required records, falsifying 
records, or intentionally misrepresenting programs for continuing education 
credit shall be grounds for disciplinary action by the Board.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 30, 1998.
TRD-9810304
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: October 1, 1998
For further information, please call: (512) 305-7555

PART XXIX. Texas Board of Professional Land Surveying
CHAPTER 661. General Rules of Procedures and Practices
SUBCHAPTER A. The Board
22 TAC sec.sec.661.3, 661.4, 661.9, 661.11
The Texas Board of Professional Land Surveying proposes amendments to 
sec.sec.661.3, 661.4, 661.9, and 661.11, concerning the board. The amendments 
are being proposed for clarification on existing rules and language in the Texas 
Board of Professional Land Surveying Practices Act (Act).
Sandy Smith, executive director, has determined that for the first five-year 
period the sections are in effect, there will be no fiscal implications for 
state or local government. 
Ms. Smith also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification on existing rules and language in the Act. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Sandy Smith, Texas Board of 
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. 
The amendments are proposed under Texas Civil Statutes, Article 5282c, sec.9, 
which provides the Texas Board of Professional Land Surveying with the authority 
to make and enforce all reasonable and necessary rules, regulations and bylaws 
not inconsistent with the Texas Constitution, the laws of this state, and this 
Act. 
No other statute, article, or code is affected by this proposal. 

sec.661.3. <nl>Chair<ol> [Chairman]. 
The <nl>chair<ol> [chairman] shall, when present, preside at all meetings, 
except as otherwise provided herein. The <nl>chair<ol> [chairman] shall appoint 
such committees as the board may authorize from time to time. The <nl>chair<ol> 
[chairman] shall sign all certificates. 

sec.661.4. Vice <nl>Chair<ol> [Chairman]. 
The vice <nl>chair<ol> [chairman] may in the absence or incapacity of the 
<nl>chair<ol> [chairman] exercise the duties and may possess all the powers of 
the <nl>chair<ol> [chairman], as permitted by law. 

sec.661.9. Special Committees. 
Special committees shall have such duties as may be assigned by the <nl> 
chair<ol> [chairman] of the board, with the consent of the board. 

sec.661.11. Vacancies. 
If for any reason, a vacancy shall occur in the board, the <nl>chair <ol> 
[chairman] shall call a special meeting for the purpose of preparing a notice to 
the governor asking for the appointment of a new member to fill the unexpired 
term. If the vacancy shall occur in the office of the <nl>chair<ol> [chairman], 
the vice <nl>chair<ol> [chairman] shall call the meeting. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 1998.
TRD-9810625
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 452-9427

SUBCHAPTER E. Contested Case
22 TAC sec.661.63, sec.661.75
The Texas Board of Professional Land Surveying proposes amendments to sec.661.63 
and sec.661.75, concerning contested case. The amendments are being proposed for 
clarification on existing rules and language in the Texas Board of Professional 
Land Surveying Practices Act (Act). 
Sandy Smith, executive director, has determined that for the first five-year 
period the sections are in effect, there will be no fiscal implications for 
state or local government. 
Ms. Smith also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification on existing rules and language in the Act.
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Sandy Smith, Texas Board of 
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. 
The amendments are proposed under Texas Civil Statutes, Article 5282c, sec.9, 
which provides the Texas Board of Professional Land Surveying with the authority 
to make and enforce all reasonable and necessary rules, regulations and bylaws 
not inconsistent with the Texas Constitution, the laws of this state, and this 
Act. 
No other statute, article, or code is affected by this proposal. 

sec.661.63. Complaints Officer. 
The licensed or registered members of the board or the commissioner or 
<nl>his/her<ol> [his] designee may act as complaints officers on a rotating 
basis. It shall be the duty of the complaints officer to review a complaint 
filed against a person licensed under the Professional Land Surveying Practices 
Act and to make recommendations to the board regarding further actions. The 
complaints officer shall have no vote in the rendering of a final decision on 
any matter reviewed by the complaints officer. 

sec.661.75. Notice and Hearing. 
(a) An applicant or licensee is entitled to at least 20 days notice of any 
hearing. 
(b) Notice of hearing for rejection, cancellation, or revocation may be served 
personally by the board or its authorized representative or sent by United 
States certified mail addressed to the applicant or licensee at <nl>his/her<ol> 
[his] last known address. 
(c) In the event that notice cannot be effected by either of these methods after 
due diligence, the board may prescribe any reasonable method of notice 
calculated to inform a person of average intelligence and prudence in the 
conduct of <nl>his/her<ol> [his] affairs. The board shall publish notice of a 
hearing in a newspaper of general circulation in the area in which the licensee 
conducts <nl>his/her<ol> [his] business activities. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 1998.
TRD-9810626
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 452-9427

SUBCHAPTER F. Firms Furnishing Surveying Crews
22 TAC sec.661.123
The Texas Board of Professional Land Surveying proposes new sec.661.123, 
concerning firms furnishings surveying crews. The new section being proposed 
will establish a regulation regarding construction layout points set in relation 
to a boundary. 
Sandy Smith, executive director, has determined that for the first five-year 
period the section is in effect, there will be no fiscal implications for state 
or local government. 
Ms. Smith also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the use of a Registered Professional Land Surveyor when 
construction layout points are set in relation to a boundary. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the section as proposed. 
Comments on the proposal may be submitted to Sandy Smith, Texas Board of 
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. 
The new section proposed under Texas Civil Statutes, Article 5282c, sec.9, which 
provides the Texas Board of Professional Land Surveying with the authority to 
make and enforce all reasonable and necessary rules, regulations and bylaws not 
inconsistent with the Texas Constitution, the laws of this state, and this Act. 
No other statute, article, or code is affected by this proposal. 

sec.661.123. Construction Layout Points.
The actual location of any construction layout point set in relation to a 
boundary or easement shall be performed by a Registered Professional Land 
Surveyor. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 1998.
TRD-9810627
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 452-9427

CHAPTER 663. Standards of Responsibility and Rules of Conduct
SUBCHAPTER A. Ethical Standards
22 TAC sec.sec.663.5, 663.7, 663.10
The Texas Board of Professional Land Surveying proposes amendments to 
sec.sec.663.5, 663.7, and 663.10, concerning ethical standards. The amendments 
are being proposed for clarification on existing rules and language in the Texas 
Board of Professional Land Surveying Practices Act (Act). 
Sandy Smith, executive director, has determined that for the first five-year 
period the sections are in effect, there will be no fiscal implications for 
state or local government. 
Ms. Smith also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification on existing rules and language in the Act. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Sandy Smith, Texas Board of 
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. 
The amendments are proposed under Texas Civil Statutes, Article 5282c, sec.9, 
which provides the Texas Board of Professional Land Surveying with the authority 
to make and enforce all reasonable and necessary rules, regulations and bylaws 
not inconsistent with the Texas Constitution, the laws of this state, and this 
Act. 
No other statute, article, or code is affected by this proposal. 

sec.663.5. Representations. 
The highest degree of integrity, truthfulness, and accuracy should be paramount 
in all dealings with, and representations to, others by not misleading in any 
way the other's understandings of personal qualifications or information 
regarding a project. The registrant: 
(1) <nl>shall<ol> [may] not allow a person who is not registered or licensed 
under the Professional Land Surveying Practices Act to exert control over the 
end product of <nl>his/her<ol> [his] professional work; 
(2)-(5) (No change.) 
(6) shall not, without the knowledge and consent of <nl> his/her<ol> [his] 
client, recommend to a client services of another for the purpose of collecting 
a fee for himself for those services. 

sec.663.7. Maintenance of Standards. 
Aid should be given the board in maintaining the highest standards of integrity 
and competence of those in its subject profession and occupation. The 
registrant: 
(1) <nl>may initiate a complaint or<ol> [shall] furnish the board with any 
information that comes into <nl>his/her<ol> [his] possession, indicating that 
any person or firm has violated any of the provisions of the registration laws 
or code; 
(2) (No change.) 

sec.663.10. Disciplinary Rules. 
The surveyor shall not: 
(1)-(3) (No change.) 
(4) fail to exercise reasonable care or diligence to prevent <nl>his/her<ol> 
[his] partners, associates, or employees from engaging in conduct which, if done 
by him, would violate any of the provisions of the Act or rules; 
(5) engage in any conduct that discredits or attempts to discredit the 
profession of surveying; 
(6) permit or allow <nl>any<ol> [himself, his] professional identification, 
seal, form, or business name, or [his] service to be used or made use of, 
directly or indirectly, or any manner whatsoever, so as to make possible to 
create the opportunity for the unauthorized practice of professional surveying 
by any person, firm, or corporation in this state; 
(7)-(8) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 1998.
TRD-9810628
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 452-9427

SUBCHAPTER B. Professional and Technical Standards
22 TAC sec.sec.663.16, 663.17, 663.19
The Texas Board of Professional Land Surveying proposes amendments to 
sec.sec.663.16, 663.17, and 663.19, concerning professional and technical 
standards. The amendments are being proposed for clarification on existing rules 
and language in the Texas Board of Professional Land Surveying Practices Act 
(Act). 
Sandy Smith, executive director, has determined that for the first five-year 
period the sections are in effect, there will be no fiscal implications for 
state or local government. 
Ms. Smith also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification on existing rules and language in the Act. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
Comments on the proposal may be submitted to Sandy Smith, Texas Board of 
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. 
The amendments are proposed under Texas Civil Statutes, Article 5282c, sec.9, 
which provides the Texas Board of Professional Land Surveying with the authority 
to make and enforce all reasonable and necessary rules, regulations and bylaws 
not inconsistent with the Texas Constitution, the laws of this state, and this 
Act. 
No other statute, article, or code is affected by this proposal. 

sec.663.16. Boundary Construction. 
(a)-(b) (No change.) 
(c) A land surveyor assuming the responsibility of performing a land survey also 
assumes the responsibility for such research of adequate thoroughness to support 
the determination of the <nl>location of<ol> intended boundaries of the land 
parcel surveyed<nl>.<ol> [; however, the] <nl> The<ol> surveyor may rely on 
record data <nl>related to the determination of boundaries<ol> furnished <nl>for 
the registrants' use<ol> by a qualified provider<nl>, provided the 
registrant<ol> [such as a title or abstract company provided he/she] reasonably 
believes such data <nl>to be<ol> sufficient and notes, references, or credits 
the documentation by which it is furnished. 
(d) (No change.) 

sec.663.17. Monumentation. 
(a)-(b) (No change.) 
(c) All metes and bounds description prepared for easements shall be tied to 
physical monuments of record related to the boundary of the <nl> affected<ol> 
[effected] tract. If the surveyor chooses to monument the easement or is 
directed to do so by <nl>his/her<ol> [his] client, such monumentation shall be 
in compliance with subsection (b) of this section. 

sec.663.19. Plat/Description/Report. 
For the purposes of these rules the word "report" shall mean any or all of the 
following survey plat, descriptions, or separate narratives. 
(1)-(4) (No change.) 
(5) The survey plat shall bear the <nl>firm name, surveyor's name, address, and 
phone number<ol> [name] of the land surveyor responsible for the land survey, 
his/her official seal, his/her original signature (see sec.661.46 of this title 
(relating to Seal and Stamps)), and date surveyed.
(6) (No change.)
(7) A reference shall be cited on the plat to the record instrument <nl>that<ol> 
[which] defines the location of adjoining boundaries. <nl>The cited instrument 
need not be the current ownership, but shall be the document containing the 
description of the boundaries being re-established.<ol> 
(8) When appropriate, reference shall be cited in the <nl> prepared<ol> 
description [prepared] to the record instrument <nl> that<ol> [which] defines 
the location of adjoining boundaries. <nl> The cited instrument need not be the 
current ownership, but shall be the document containing the description of the 
boundaries being re-established.<ol>
(9) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 6, 1998.
TRD-9810629
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 452-9427

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 135. Ambulatory Surgical Centers
The Texas Department of Health (department) proposes the repeal of 
sec.sec.135.41 - 135.43, sec.sec.135.51 - 135.52, and sec.sec.135.61 - 135.67; 
and new sec.sec.135.41 - 135.42 and sec.sec.135.51 - 135.54, concerning the 
regulation of ambulatory surgical centers (ASCs). Specifically, the sections 
cover fire prevention, protection, and safety; handling and storage of gases, 
anesthetics, and flammable liquids; and physical plant and construction 
requirements for ASCs including existing and new construction. 
The sections proposed for repeal were initially adopted in October 1986, with an 
effective date of November 5, 1986, to implement the Texas Ambulatory Surgical 
Center Licensing Act (Act), Health and Safety Code, Chapter 243, created by the 
69th Legislature, 1985. Existing language contains references to national 
standards and codes issued and published between the years of 1977 - 1985 by the 
following nationally recognized organizations: National Fire Protection 
Association (NFPA); American Institute of Architects; National Association of 
Plumbing Heating Cooling Contractors; American National Standards Institute 
(ANSI); American Society of Heating, Refrigerating and Air Conditioning 
Engineers; American Society for Testing and Materials; National Council on 
Radiation Protection; International Conference of Building Officials (Uniform 
Building Code); International, Inc. (Standard Building Code); and Underwriters' 
Laboratories. These organizations have revised their standards since 1985 and 
the references contained in the existing sections are obsolete. In addition, the 
existing rules contain obsolete references to organizations which no longer 
publish the referenced standard or no longer have regulatory oversight. For 
instance, the General Services Commission referenced in the current rules no 
longer has regulatory oversight of the elimination of architectural barriers. 
This function is now performed by the Texas Department of Licensing and 
Regulation, effective September 1, 1993. Sections 135.41 - 135.43, 135.51 - 
135.52, and 135.61 - 135.67 are being proposed for repeal to reorganize and 
update the construction and design rules for ASCs to reflect current practices 
and standards recognized by professional health care facility architects and 
engineers. The new sections have been reorganized and updated to include current 
references and language which conform to the nationally recognized construction 
and design codes and standards and to the changes in state requirements relating 
to architectural barriers adopted by the Texas Department of Licensing and 
Regulation. The revised standards contain several changes, and in some instances 
more stringent requirements for new construction and renovation, but also in 
some instances, the revised standard is less restrictive which will provide more 
flexibility to architects and engineers designing, constructing, or renovating 
an ASC. A summary of these changes is explained as follows. 
New sec.135.41 incorporates requirements from existing sec.135.26(c)(3) and 
sec.135.51(b)(3)-(6), sec.135.51(b)(1)(A), sec.135.51(c)(4), and 
sec.35.51(g)(1), and adds new requirements relating to fire prevention, 
protection, and general safety. Existing requirements have been updated and 
clarified. This section includes requirements for: fire protection standards; 
reporting of fires; smoking policy; fire extinguishing systems; fire protection 
and evacuation plan; fire drills, fire alarm system; fire department access; 
fire department protection; safety officer, maintaining a fire safe environment; 
and electrical systems. This section requires compliance with certain provisions 
of NFPA 101, "Code for Safety to Life from Fire in Buildings and Structures," 
1997 edition; NFPA 13, "Standard for Installation of Sprinkler Systems," 1996 
edition; NFPA 10, "Standard for Portable Fire Extinguishers," 1994 edition; NFPA 
72, "National Fire Alarm Code," 1996 edition; and NFPA 70, "National Electrical 
Code," 1996 edition. These NFPA codes and standards have been revised to reflect 
current acceptable standards. 
New sec.135.42 incorporates requirements from existing sec.135.51(e)(1), and 
adds new requirements relating to handling and storage of gases, anesthetics, 
and flammable liquids. This section includes requirements for flammable 
germicides, flammable and nonflammable gases and liquids, and gas fired 
appliances. This section requires compliance with certain provisions of NFPA 
325, "Guide to Fire Hazard Properties of Flammable Liquids, Gases, and Volatile 
Solids," 1994 edition; NFPA 99, Chapter 4, "Standard for Health Care 
Facilities," 1996 edition, and Chapter 8, "Gas Equipment"; and NFPA 54, 
"National Fuel Gas Code," 1996 edition. These NFPA codes and standards have been 
revised to reflect current acceptable standards. 
New sec.135.51 incorporates requirements from existing sec.135.52 and 
sec.135.61(a)(3), and adds new requirements for construction at an existing ASC. 
This section includes: compliance requirements for existing facilities; 
construction requirements for remodeling and additions; and construction 
requirements for previously licensed ASCs which has been vacated or used for 
other purposes. Licensed ASCs which are not remodeling, altering, or adding to 
the facility have a choice to maintain compliance with, at a minimum, the 
standards under which it was licensed, or may maintain compliance with NFPA 101, 
sec.13-6, "Existing Ambulatory Health Care Facilities," 1997 edition. All 
remodeling, renovations, additions, and alterations to an existing licensed ASCs 
must comply with new sec.135.52 relating to construction requirements for new 
ASCs. 
New sec.135.52 incorporates existing requirements from sec.135.43(a)(4), 
sec.135.51(g)(3), sec.135.61, sec.135.63 - sec.135.66, and adds new requirements 
for construction of new ASCs. This section includes: location and site 
requirements for an ASC; building design and construction requirements; spatial 
requirements; detail requirements; finish requirements; elevator requirements; 
and mechanical requirements. The location and site requirements for a new ASC 
cover accessibility, means of egress, hazardous and undesirable locations, paved 
roads and walkways, and parking. The building design and construction 
requirements for a new ASC must comply with updated codes and standards which 
reflect current acceptable standards (NFPA and American Institute of Architects 
standards). New and updated design and construction requirements have been 
included for multi-occupancy buildings; foundations; physical environment; 
separate freestanding buildings (not for patient use); public facilities; 
reception area; consultation room; fire protection for laboratories that use 
chemicals; laundry and linen processing areas; preoperative patient holding 
room; fluoroscopy room (if provided); staff clothing change area; sterilizing 
facilities; surgical suite; treatment room; details (corridors, labeled doors, 
glazing, ceiling heights, toilet room accessories, hand washing facilities, 
radiation protection, and rooms with heat producing equipment); finishes (floor, 
wall, ceiling, penetrations, hanging fabrics (curtains); elevators (new, 
existing, elevator machine rooms, car size, shaft doors, controls and alarms 
(and accessibility of), leveling, operation, location, testing and 
certification); mechanical requirements (mechanical systems; air-conditioning, 
heating and ventilating systems; steam and hot and cold water systems; plumbing 
fixtures; piping systems; and thermal and acoustical insulation); electrical 
material and equipment (fire safety, installation and testing and certification, 
electrical safeguards, wiring, lighting, receptacles, equipment, wet patient 
locations, grounding requirements, new call systems, essential electrical 
system, and fire alarm system). 
New sec.135.52 requires compliance with specific standards of NFPA 101, "Code 
for Safety to Life from Fire in Buildings and Structures," 1997 edition; NFPA 
99, "Health Care Facilities," 1996 edition; NFPA 45, "Standards on Fire 
Protection for Laboratories Using Chemicals," 1996 edition; NFPA 80, "Standard 
for Fire Doors and Fire Windows," 1995 edition; NFPA 701, "Standard Methods of 
Fire Tests for Flame-Resistant Textiles and Films," 1996 edition; NFPA 90A, 
"Standard for the Installation of Air Conditioning and Ventilating Systems," 
1996 edition, or 90B, "Standard for the Installation of Warm Air Heating and 
Air-conditioning Systems," 1996 edition, as applicable; NFPA 72, Chapter 5, 
"National Fire Alarm Code," 1996 edition; NFPA 13, "Standard for Installation of 
Sprinkler Systems," 1996 edition; NFPA 255, "Standard Method of Test of Surface 
Burning Characteristics of Building Materials, 1996 edition; NFPA 70, "National 
Electrical Code," 1996 edition; NFPA 110, "Standard for Emergency and Standby 
Power Systems, 1996 edition; Uniform Building Code, 1997 edition; Texas 
Accessibility Standards of the Architectural Barriers Act; Americans With 
Disabilities Act of 1990; Medical Physics Act, Texas Civil Statutes, Article 
4512n; American Society of Mechanical Engineers and the American National 
Standards Institute (ASME/ANSI) A17.1, "Safety Code for Elevators and 
Escalators," 1990 edition; American Society of Heating, Refrigerating, and Air-
conditioning Engineers (ASHRAE), Inc., Standard 52, "Gravimetric and Dust Spot 
Procedures for Testing Air Cleaning Devices Used in General Ventilation for 
Removing Particulate Matter," 1992 edition; Underwriters' Laboratories, Inc., 
Standard 181, "Factory-Made Duct Materials and Air Duct Connectors"; National 
Standard Plumbing Code, 1996 edition; Health and Safety Code, Chapter 755, 
Boiler Code; ASHRAE's Handbook of Fundamentals, 1993 edition; and other 
specifically stated requirements which were developed by the department's Health 
Facility Licensing Division's architectural staff. These NFPA codes and other 
standards have been revised to reflect current acceptable standards. 
New sec.135.53 incorporates requirements from existing sec.135.62 and adds new 
requirements for preparation, submittal, review and approval of plans. This 
section covers preparation of preliminary plans (area map, site plan, floor 
plans, construction type and fire rating, outline specifications); functional 
program narrative; submission of preliminary plans; preparation of construction 
documents (architectural plans, fire safety plans, equipment drawings, 
structural drawings, mechanical drawings, electrical drawings); correction of 
final plan deficiencies; construction approval; construction document changes; 
special submittals (designer certified construction documents, fast-track 
projects, fire sprinkler systems); construction and inspections (major 
construction, construction commencement notification, completion, certification 
of sprinkler system installations; construction inspections); approval for 
occupancy; resubmittal of construction documents; and project cancellation. This 
section incorporates current practices which are not presently addressed in the 
existing rules, and new requirements not currently practiced for: submittal of 
an area map; calculations for smoke compartment area in floor plans; floor plan 
for construction in existing facilities; outline specifications; functional 
program narrative; fire safety plans; special submittals; construction 
inspections; resubmittal of construction documents; and project cancellations. 
New sec.135.54 replaces the tables in existing sec.135.67 and adds tables for 
piped oxygen, medical gas and vacuum systems, and flame spread and smoke 
production limitations. 
In addition to the specific changes, other changes have been made to clarify the 
intent of existing language. 
Bernie Underwood, Chief of Staff Services, Health Care Quality and Standards, 
has determined that for each year of the first five-year period the sections are 
in effect, there will be no fiscal implications to state or local government as 
a result of enforcing or administering the sections as proposed. 
Ms. Underwood has also determined that for each year of the first five years the 
sections are in effect, the public benefit anticipated as a result of enforcing 
the sections will be to ensure that the design, construction, and renovation of 
ASCs are performed in accordance with the most current standards nationally 
recognized by architects and engineers to be the benchmark for physical plant 
integrity and life safety from fire. There may be additional costs to small and 
large businesses as a result of implementing the new sections. Many ambulatory 
surgical centers are currently voluntarily meeting most of the proposed new 
requirements. The additional costs to owners who are not already voluntarily 
designing and constructing ASCs in accordance with these proposed new standards 
will vary depending greatly how the ASC is designed. The estimated additional 
cost for an ASC meeting minimum requirements (with one operating room) ranges 
from $40,750 to $61,000. There are no economic costs to persons (other than 
ASCs) who are required to comply with the sections as proposed. There is no 
anticipated impact on local employment. 
Comments on the proposal may be submitted to Julia R. Beechinor, Director, 
Health Facility Licensing Division, Texas Department of Health, 1100 West 49th 
Street, Austin, Texas 78756-3199 (FAX: 512/834-6714). Comments will be accepted 
for a period of 45 days following publication of the proposal in the Texas 
Register. In addition, a public hearing will be held at 10:00 a.m., Monday, 
August 17, 1998, at the Texas Department of Health, Room K-100, 1100 West 49th 
Street, Austin, Texas.

SUBCHAPTER B. General Construction Requirements for Ambulatory
Surgical Centers
25 TAC sec.sec.135.41-135.43
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Health or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Ambulatory Surgical Center Licensing Act, 
Health and Safety Code, Chapter 243, which provides the Board of Health (board) 
with the authority to adopt rules governing the licensing and regulation of 
ASCs; and sec.12.001, which provides the board with the authority to adopt rules 
to implement every duty imposed by law on the board, the department, and the 
commissioner of health.
The repeal affects the Health and Safety Code, Chapter 243. 
sec.135.41. Location. 
sec.135.42. Services. 
sec.135.43. Codes and Standards.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 1998.
TRD-9810023
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: August 31, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER B. Safety Requirements for New and Existing Ambulatory Surgical 
Centers
25 TAC sec.sec.135.41-135.42
The new sections are proposed under the Texas Ambulatory Surgical Center 
Licensing Act, Health and Safety Code, Chapter 243, which provides the Board of 
Health (board) with the authority to adopt rules governing the licensing and 
regulation of ASCs; and sec.12.001, which provides the board with the authority 
to adopt rules to implement every duty imposed by law on the board, the 
department, and the commissioner of health. 
The new sections affect the Health and Safety Code, Chapter 243. 

sec.135.41. Fire Prevention, Protection, and Safety. 
(a) Fire inspections. An ambulatory surgical center (ASC) must comply with local 
fire codes. 
(b) Fire reporting. All occurrences of fire shall be reported in writing no 
later than 10 calendar days following the occurrence to the director, Health 
Facility Licensing Division (HFL), Texas Department of Health, 1100 West 49th 
Street, Austin, Texas, 78756 or faxed to (512) 834-6714. Any fire occurrence 
causing injury to a person shall be reported no later than the next business day 
to the director, HFL, by fax or overnight mail, to the address or fax number 
previously mentioned in this subsection. 
(c) Smoking policy. Each ASC shall adopt, implement and enforce a smoking 
policy. The policy shall include the minimum provisions of National Fire 
Protection Association 101, Code for Safety to Life from Fire in Buildings and 
Structures, 1997 edition (NFPA 101), sec.12-7.4. All documents published by 
National Fire Protection Association (NFPA) as referenced in this section may be 
obtained by writing or calling the NFPA at the following address or telephone 
number: National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101 or (800) 344-3555. 
(d) Fire extinguishing systems. The ASC shall adopt, implement, and enforce a 
policy for periodic inspection, testing and maintenance of firefighting 
equipment, portable fire extinguishers and sprinkler systems, when installed. If 
installed, fire sprinkler systems shall comply with National Fire Protection 
Association 13, Standard for the Installation of Sprinkler Systems, 1996 edition 
(NFPA 13). Portable fire extinguishers shall comply with National Fire 
Protection Association 10, Standard for Portable Fire Extinguishers, 1994 
edition (NFPA 10). 
(e) Fire protection and evacuation plan. A written plan for the protection of 
patients in the event of fire and their evacuation from the building when 
necessary shall be formulated according to NFPA 101, sec.12-7. Copies of the 
plan shall be made available to all staff. 
(1) Posting requirements. Evacuation floor plans shall be prominently displayed 
in public areas, so as to be readily visible to patients, employees, and 
visitors. 
(2) Annual training. An annual training program shall be conducted to instruct 
all personnel in the location and use of fire-fighting equipment. 
(f) Fire drills. At least one fire drill per shift, per quarter, shall be 
conducted. Each drill shall include activation of the fire alarm system, 
simulation of evacuation of patients and other occupants, and the use of fire-
fighting equipment. Fire exit drills shall incorporate the minimum requirements 
of NFPA 101, sec.sec.12-7.1.2. through 12-7.2.3. The ASC shall maintain 
documentation of its compliance with this subsection. 
(g) Fire alarm system. A fire alarm system shall be installed, maintained and 
tested by a nationally recognized testing laboratory, as required by National 
Fire Protection Association 72, National Fire Alarm Code, 1996 edition (NFPA 72) 
standard and NFPA 101, sec.12-6.3.4. 
(h) Fire department access. Driveways shall be provided for access of fire 
fighting apparatus and rescue vehicles. Such driveways shall be maintained and 
kept free from all obstructions. 
(i) Fire department protection. Every ASC shall meet local fire department 
access requirements. When an ASC is located outside of the service area of the 
public fire protection, arrangements shall be made for the nearest fire 
department to respond in case of an emergency. 
(j) Safety officer. Each ambulatory surgical center (ASC) shall have a 
designated safety officer who is knowledgeable in safety practices in health 
care facilities. The safety officer shall be assured of time to carry out the 
functions of the safety program. The ASC shall have written safety policies and 
procedures approved by the governing body and medical staff and available to all 
employees. 
(k) Maintaining a fire safe environment. The building and premises shall be free 
of accumulations of combustible and extraneous materials not necessary for the 
day-to-day operation of the center. 
(l) Electrical systems. Electrical systems shall be installed and maintained in 
a safe condition and in accordance with National Fire Protection Agency 70, 
National Electrical Code, 1996 edition (NFPA 70). All documents published by 
National Fire Protection Association (NFPA) as referenced in this section may be 
obtained by writing or calling the NFPA at the following address or telephone 
number: National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101 or (800) 344-3555. 

sec.135.42. Handling and Storage of Gases, Anesthetics, and Flammable Liquids. 
(a) Flammable germicides. Flammable germicides shall not be used for 
preoperative preparation of the surgical field. 
(b) Flammable and nonflammable gases and liquids. The determination of 
flammability of liquids and gases shall be in accordance with the National Fire 
Protection Agency, Guide to Fire Hazard Properties of Flammable Liquids, Gases, 
and Volatile Solids, 1994 edition, (NFPA 325). All documents published by 
National Fire Protection Association (NFPA) as referenced in this section may be 
obtained by writing or calling the NFPA at the following address or telephone 
number: National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101 or (800) 344-3555. 
(1) Nonflammable gases shall be stored and distributed in accordance with 
National Fire Protection Association 99 (NFPA 99), Chapter 4, "Standard for 
Health Care Facilities," 1996 edition. Examples of nonflammable gases include, 
but are not limited to, oxygen and nitrous oxide. Medical gases and liquefied 
medical gases shall be handled in accordance with NFPA 99, Chapter 8, "Gas 
Equipment." 
(2) Flammable gas systems intended for use in laboratories and piping systems 
for fuel gases shall comply with requirements of NFPA 99, sec.4-6. 
(3) Flammable and combustible liquids intended for use in laboratories shall 
comply with NFPA 99, sec.10-7. 
(4) Other flammable agents shall be stored in accordance with NFPA 99, Chapter 
6. 
(c) Gas fired appliances. The installation, use, and maintenance of gas fired 
appliances and gas piping installations shall comply with the NFPA 54, National 
Fuel Gas Code, 1996 edition. The use of portable gas heaters and unvented open 
flame heaters is prohibited. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 1998.
TRD-9810025
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: August 31, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER C. Existing Ambulatory Surgical Centers
25 TAC sec.135.51, sec.135.52
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Health or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Ambulatory Surgical Center Licensing Act, 
Health and Safety Code, Chapter 243, which provides the Board of Health (board) 
with the authority to adopt rules governing the licensing and regulation of 
ASCs; and sec.12.001, which provides the board with the authority to adopt rules 
to implement every duty imposed by law on the board, the department, and the 
commissioner of health. 
The repeal affects the Health and Safety Code, Chapter 243. 
sec.135.51. General. 
sec.135.52. Renovation Projects.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 1998.
TRD-9810024
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: August 31, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER C. Physical Plant and Construction Requirements for New and Existing 
Ambulatory Surgical Centers
25 TAC sec.sec.135.51-135.54
The new sections are proposed under the Texas Ambulatory Surgical Center 
Licensing Act, Health and Safety Code, Chapter 243, which provides the Board of 
Health (board) with the authority to adopt rules governing the licensing and 
regulation of ASCs; and sec.12.001, which provides the board with the authority 
to adopt rules to implement every duty imposed by law on the board, the 
department, and the commissioner of health. 
The new sections affect the Health and Safety Code, Chapter 243. 

sec.135.51. Construction Requirements for an Existing Ambulatory Surgical 
Center.
(a) Compliance. 
(1) A licensed ambulatory surgical center (ASC) which is licensed prior to the 
effective date of these rules is considered to be an existing licensed ASC and 
shall continue, at a minimum, to meet the licensing requirements under which it 
was originally licensed. 
(2) In lieu of meeting the requirements in paragraph (1) of this subsection, an 
existing licensed ASC may, instead, comply with National Fire Protection 
Association (NFPA) 101, Code for Safety to Life from Fire in Buildings and 
Structures, sec.13-6, "Existing Ambulatory Health Care Facilities," 1997 
edition. 
(3) All documents published by NFPA as referenced in this section may be 
obtained by writing or calling the NFPA at the following address or telephone 
number: National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101 or (800) 344-3555. 
(b) Remodeling and additions. All remodeling, renovations, additions and 
alterations to an existing ASC shall be done in accordance with the requirements 
for new construction in sec.139.52 of this title (relating to Construction 
Requirements for New Ambulatory Surgical Centers). When existing conditions make 
such changes impractical, the department may grant a conditional approval of 
minor deviations from the requirements of sec.139.52 of this title, if the 
intent of the requirements is met and if the care, safety and welfare of 
patients will not be jeopardized. The operation of the ASC, accessibility of 
individuals with disabilities, and safety of the patients shall not be 
jeopardized by the condition(s) not in compliance with these sections. 
(1) Building equipment alterations or installations. Any alteration or any 
installation of new building equipment, such as mechanical, electrical, 
plumbing, fire protection, or piped medical gas system shall comply with the 
requirements for new construction and may not be replaced, materially altered, 
or extended in an existing ASC until complete plans and specifications have been 
submitted to the department, reviewed, and approved in accordance with 
sec.135.53(c)(3) of this title (relating to Preparation, Submittal, Evaluation 
and Approval of Plans). 
(2) Minor remodeling or alterations. Minor remodeling or alterations which do 
not involve alterations to load bearing members or partitions, change functional 
operation, affect fire safety, add or subtract services, or involve changes 
listed in paragraph (3) of this subsection, shall be submitted to the department 
for evaluation as minor projects. Such submittal shall include a written request 
for evaluation, a brief description of the proposed changes, and sketches of the 
area being remodeled. Based on such submittal, the department will determine if 
any additional submittals or inspections are required.
(3) Major remodeling or alterations. All remodeling or alterations which involve 
alterations to load bearing members or partitions, change functional operation, 
affect fire safety, or add or delete services, are considered as major 
remodeling and alterations. 
(A) Submittal of plans. Plans shall be submitted in accordance with sec.135.53 
of this title for all major remodeling or alterations.
(B) Phasing of construction in existing facilities. Projects involving 
alterations of or additions to existing buildings shall be programmed and phased 
so that on-site construction will minimize disruptions of existing functions. 
(i) Access, exit access, fire protection and all necessary functions shall be 
maintained so that the safety of the occupants will not be jeopardized during 
construction. 
(ii) Dust and vapor barriers shall be provided to separate areas undergoing 
demolition and construction from occupied areas. 
(iii) Temporary sound barriers shall be provided where intense, prolonged 
construction noises will disturb patients or staff in the occupied portions of 
the building. 
(c) Previously licensed ASCs. A previously licensed ASC which has been vacated 
or used for other purposes shall comply with all the requirements for new 
construction contained in sec.135.52 of this title in order to be licensed. 

sec.135.52. Construction Requirements for New Ambulatory Surgical Centers. 
(a) Ambulatory surgical center (ASC) location. The ASC may be a distinct 
separate part of an existing hospital, it may occupy an entire separate 
independent structure, or it may be located within another building such as an 
office building or commercial building. 
(1) Accessibility. Any proposed new ASC shall be easily accessible for service 
vehicles and fire protection apparatus. 
(2) Means of egress. Each ASC shall have at least two exits remotely located per 
National Fire Protection Association (NFPA) 101, Code for Safety to Life from 
Fire in Buildings and Structures, 1997 edition, sec.12-6.2.4.1. When a required 
means of egress from the ASC is through a portion of another building, that 
means of egress shall comply with the requirements of NFPA 101 which are 
applicable to that other building. Such means of egress shall be open, 
available, unlocked, unrestricted, and lighted at all times during the ASC hours 
of operation.
(3) Hazardous location.
(A) Underground and above ground hazards. New ASCs or additions to existing ASCs 
shall not be constructed near a hazardous location. Hazardous locations include 
underground liquid butane or propane, liquid petroleum or natural gas 
transmission lines, high pressure lines, or under high voltage electrical lines. 
(B) Fire hazards. New ASCs shall not be built within 300 feet of above ground or 
underground storage tanks containing liquid petroleum or other flammable liquids 
used in connection with a bulk plant, marine terminal, aircraft refueling, 
bottling plant of a liquefied petroleum gas installation, or near other 
hazardous or hazard producing areas as determine by other state and federal 
requirements. 
(C) Health and safety hazards. A new ASC may not be located in a building(s) 
which, because of its location, physical condition, state of repair, or 
arrangement of facilities, would be hazardous to the health or safety of the 
patients. 
(4) Undesirable locations. 
(A) Nuisance producing sites. New ASCs shall not be located near nuisance 
producing sites such as industrial sites, feed lots, sanitary landfills, or 
manufacturing plants producing excessive noise or air pollution.
(B) Flood plains. Construction of new ASCs shall be avoided in designated flood 
plains. Where such is unavoidable, access and required ASC components shall be 
constructed above the designated flood plain. This requirement also applies to 
new additions to existing ASCs or portions of facilities which have been 
licensed previously as ASCs, but which have been vacated or used for other 
purposes. This requirement does not apply to remodeling of existing licensed 
ASCs. 
(b) ASC site. 
(1) Paved roads and walkways. Paved roads and walkways shall be provided within 
lot lines for access from public roads to the main entrance and to service 
entrances. Finished surface walkways shall be provided for pedestrians. 
(2) Parking. 
(A) Off street parking shall be available for patients, visitors, employees and 
staff. At least one parking space shall be provided for each staff and for each 
patient expected at maximum occupancy periods plus extra spaces for visitors. 
(B) Handicapped parking. Parking spaces for handicapped persons shall be 
provided in accordance with the Texas Accessibility Standards of the 
Architectural Barriers Act, Texas Civil Statutes, Article 9102, administered by 
the Texas Department of Licensing and Regulation (TDLR). 
(c) Building design and construction requirements. Every building and every 
portion thereof shall be designed and constructed to sustain all dead and live 
loads in accordance with accepted engineering practices and standards and the 
local governing building codes. Where there is no local governing building code, 
one of the following codes shall be adhered to: Uniform Building Code, 1997 
edition, published by the International Conference of Building Officials, 5360 
Workman Mill Road, Whittier, California 90601, telephone (562) 699-0541; or the 
Standard Building Code, 1997 edition, published by the Southern Building Code 
Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213-
1206, telephone (205) 591-1853. 
(1) General architectural requirements. All new construction, including 
conversion of an entire existing building to an ASC or establishing a separately 
licensed ASC within another existing building, shall comply with NFPA 101, 
sec.12-6. and this section. 
(A) Construction types for multiple building occupancy. 
(i) When an ASC is part of a larger building which complies with NFPA 101, 
sec.12-6.1.6. for (fire resistance) construction type, the designated ASC shall, 
as a minimum, be separated from the remainder of the building with a one hour 
rated fire and smoke wall. 
(ii) Multi-story buildings. When an ASC is located in a multi-story building of 
two or more stories, the entire building shall meet the construction 
requirements of NFPA 101, sec.12-6.1.6.3. An ASC may not be located in a multi-
story building which does not comply with the minimum construction requirements 
of NFPA 101, sec.12-6.1.6.3. 
(iii) Single story buildings. When an ASC is part of a one-story building that 
does not comply with the construction requirements of NFPA 101, sec.12-6.1.6.2, 
then the ASC must be separated from the remainder of the building with a 2-hour 
rated fire and smoke wall. The designated ASC portion shall have the 
construction type upgraded to comply with NFPA 101, sec.12-6.1.6.2.
(B) Special design provisions. Special provisions shall be made in the design of 
facilities in regions where local experience shows loss of life or extensive 
damage to buildings resulting from hurricanes, tornadoes, or floods. 
(2) Foundations. Foundations shall rest on natural solid bearing if satisfactory 
bearing is available. Proper soil-bearing values shall be established in 
accordance with nationally recognized requirements. If solid bearing is not 
encountered at practical depths, the structure shall be supported on driven 
piles or drilled piers designed to support the intended load without detrimental 
settlement, except that one-story buildings may rest on a fill designed by a 
soils engineer. When engineered fill is used, site preparation and placement of 
fill shall be done under the direct full-time supervision of the soils engineer. 
The soils engineer shall issue a final report on the compacted fill operation 
and certification of compliance with the job specifications. All footings shall 
extend to a depth not less than one foot below the estimated maximum frost line. 
(3) Physical environment. A physical environment that protects the health and 
safety of patients, personnel, and the public shall be provided in each 
facility. The physical premises of the facility and those areas of the 
facility's physical structure that are used by the patients (including all 
stairwells, corridors, and passageways) shall meet the local building and fire 
safety codes and the requirements of this chapter. 
(4) State handicapped requirements. An ASC shall be designed in accordance with 
the Texas Accessibility Standards of the Architectural Barriers Act, Texas Civil 
Statutes, Article 9102. The Texas Department of Licensing and Regulations (TDLR) 
rules at Title 16 Texas Administrative Code, Chapter 68, require plans to be 
submitted to TDLR for approval. Proof of plan approval by TDLR shall be 
submitted to the Texas Department of Health by the architect. 
(5) Federal handicapped requirements. An ASC shall comply with the Americans 
with Disabilities Act of 1990, Public Law 101-336, 42 United States Code, 
Chapter 126, and Title 36 Code of Federal Regulations, Part 1191, Appendix A, 
Accessibility Guidelines for Buildings and Facilities. 
(6) Other regulations. Certain projects may be subject to other regulations, 
including those of federal, state, and local authorities. The more stringent 
standard or requirement shall apply when a difference in requirements exists. 
(7) Exceeding minimum requirements. Nothing in these sections shall be construed 
to prohibit a better type of building construction, more exits, or otherwise 
safer conditions than the minimum requirements specified in these sections. 
(8) Equivalency. Nothing in these sections is intended to prevent the use of 
systems, methods, or devices of equivalent or superior quality, strength, fire 
resistance, effectiveness, durability, and safety to those prescribed by these 
sections, provided technical documentation which demonstrates equivalency is 
submitted to the department for approval. 
(9) Separate freestanding buildings (not for patient use). Separate freestanding 
buildings for nonpatient use which are located at least 20 feet from the ASC 
building such as the heating plant, boiler plant, repair workshops, or general 
storage may be designed and constructed in accordance with other applicable 
occupancy classification requirements listed in NFPA 101. 
(10) Energy conservation. In new facilities and alterations and additions to 
existing facilities, electrical, and mechanical components shall be selected for 
efficient utilization of energy. 
(d) Spatial requirements. 
(1) Administration and public areas. 
(A) Entrance. Entrances shall be located at grade level, be accessible for an 
individual with disabilities, and protected from inclement weather with a drive-
under canopy for loading and unloading passengers. When an ASC is located on a 
floor above grade level, elevators shall be accessible and shall meet the 
requirements of subsection (g) of this section. 
(B) Waiting area. A waiting area or lobby shall be provided. The following rooms 
and items shall be provided: 
(i) accessible public toilet facilities; 
(ii) a public telephone(s); and 
(iii) a drinking fountain(s). 
(C) Reception area. A designated reception area with desk or counter shall be 
provided. 
(D) Interview space(s). Space shall be provided for private interviews relating 
to social services, credit, or admission. 
(E) General or individual office(s). An office(s) shall be provided for business 
transactions, records, and administrative and professional staff. 
(F) Medical records area. Medical record storage space shall be located within a 
secure designated area under direct visual supervision of administrative staff. 
(G) General storage area. 
(i) A minimum of 50 square feet per operating room shall be provided exclusive 
of soiled holding, sterile supplies, clean storage, drug storage, locker rooms, 
and surgical equipment storage. General storage may be located in one or more 
rooms or closets and shall be located within the administrative and/or public 
areas. 
(ii) The general storage room(s) shall be separated from adjacent areas by fire-
rated construction in accordance with the NFPA 101, sec.sec.26-3.2.1 and 26-
3.2.2. 
(H) Wheelchair storage space. Wheelchair storage space shall be provided and 
shall be out of the direct line of traffic. 
(2) Engineering services and equipment areas. Equipment rooms with adequate 
space shall be provided for mechanical and electrical equipment. These areas 
shall be separate from public, patient, and staff areas.
(3) Janitor's closet. In addition to the janitor's closet called for in the 
surgery suite, sufficient number of janitor's closets(s) shall be provided 
throughout the facility to maintain a clean and sanitary environment. The closet 
shall contain a floor receptor or service sink and storage space for 
housekeeping supplies and equipment. 
(4) Laboratory. 
(A) General. Laboratory facilities shall be provided within the ASC or through a 
contractual arrangement with a hospital or accredited laboratory. 
(B) Special requirements. When the laboratory is located on-site the following 
minimum items shall be provided: 
(i) work counter with utility sink, storage cabinets or closet(s); and 
(ii) specimen collection facilities. For dip stick urinalysis, urine collection 
rooms shall be equipped with a water closet and lavatory. Blood collection 
facilities shall have space for a chair, work counter and hand washing 
facilities. 
(C) Code compliance. An on-site laboratory shall comply with the following 
codes. 
(i) Construction for fire protection in laboratories employing quantities of 
flammable, combustible, or other hazardous material shall be in accordance with 
the National Fire Protection Association 99, Health Care Facilities, 1996 
edition, (NFPA 99). 
(ii) Laboratories shall comply with the requirements of NFPA 99, "Health Care 
Facilities," 1996 edition, Chapter 10, as applicable and the requirements of 
NFPA 45, "Standards on Fire Protection for Laboratories Using Chemicals," 1996 
edition, as applicable. 
(5) Laundry and linen processing area(s). Laundry and linen processing may be 
done within the center or off-site at a commercial laundry. 
(A) On-site linen processing. When on-site linen processing is provided, soiled 
and clean processing operations shall be separated and arranged to provide a 
one-way traffic pattern from soiled to clean areas. The following rooms and 
items shall be provided: 
(i) a soiled linen processing room which includes areas for receiving, holding, 
sorting, and washing; 
(ii) a clean linen processing room which includes areas for drying, sorting, 
folding, and holding prior to distribution; 
(iii) supply storage cabinets in the soiled and clean linen processing rooms; 
and 
(iv) hand washing facilities within the soiled linen processing room. 
(B) Off-site linen processing. When off-site processing is provided, a storage 
room for clean linen shall be located within the surgical suite. Clean linen 
storage may be combined with the clean work room. 
(6) Pharmacy. A pharmacy work room or alcove shall be provided and located 
separate from patient and public areas and under the direct supervision of 
staff. A work counter, hand washing facilities, refrigerator, medication storage 
and locked storage for biologicals and drugs shall be provided.
(7) Preoperative patient holding room. 
(A) General. A preoperative holding area shall be provided and arranged in a 
one-way traffic pattern so that patients entering from outside the surgical 
suite can change, gown, and move directly into the restricted corridor of the 
surgical suite. The holding area shall be separate from recovery and the 
restricted corridor. 
(B) Patient station. A minimum of one patient station per operating room shall 
be provided. 
(i) A minimum area of 60 square feet shall be provided for each patient station. 
(ii) When a gurney or bed is used, a minimum clear space of three feet shall be 
provided at the foot and on each side of the gurney or bed. A minimum of six 
feet shall be provided between gurneys or beds. 
(iii) Space shall be made available for storing and securing patient's personal 
effects. 
(C) Patient toilet. A toilet room with water closet and hand washing facilities 
shall be provided. The toilet room may be shared with the recovery room, if 
conveniently located to both. 
(D) Special requirements. Hand washing facilities and a counter or shelf space 
for writing shall be provided for staff use within or convenient to the pre-op 
area. Staff hand washing facilities shall be separate from and in addition to 
patient toilet accommodations. 
(8) Radiology. 
(A) General. Basic diagnostic procedures shall be provided within the ASC or 
through a contractual arrangement with a hospital or an accredited diagnostic 
service. 
(B) Special requirements. When radiology services are provided on-site, the 
following minimum facilities shall be provided: 
(i) film processing facilities; 
(ii) viewing and administrative areas; and 
(iii) storage facilities for exposed film located in rooms or areas constructed 
in accordance with the NFPA 101, sec.sec.26-3.2.1 and 26-3.2.2. 
(C) Fluoroscopy room. When fluoroscopy services are provided on site, a toilet 
room with water closet and hand washing facilities shall be directly accessible 
to the room. 
(9) Recovery room. 
(A) General. A recovery room shall be distinct and separate from the 
preoperative areas. The recovery room shall be arranged to provide a one way 
traffic pattern from the restricted surgical corridor to recovery and then to 
second stage recovery or discharge. 
(B) Patient station(s). A minimum of two patient stations per operating room 
shall be provided. 
(i) A minimum clear space of three feet shall be provided at the foot and on 
each side of the bed. 
(ii) A minimum of six feet shall be provided between beds.
(C) Patient toilet. A toilet room with water closet and hand washing facilities 
shall be provided. The toilet room may be shared with the preoperative patient 
holding area, if conveniently located to both. 
(D) Second stage recovery. A separate supervised room or area shall be provided 
for use by patients who are able to leave the recovery/post-anesthesia room, but 
need addition time for all vital signs to be stabilized to the point where the 
patient may leave the facility. This area may be combined with the waiting area 
required by paragraph (1)(B) of this subsection. When individual rooms are 
provided for second stage recovery, the rooms shall have an area of at least 60 
square feet. When such rooms include a bed or recliner, minimum clearance of 3 
feet at the foot and on each side of the bed or recliner shall be provided. 
(10) Staff clothing change area. 
(A) General. The change area shall be designed to provide a one-way traffic 
pattern so that personnel entering from outside the surgical suite can change, 
gown, and move directly into the restricted corridor of the surgical suite. 
(B) Staff changing area. Staff changing areas shall be provided and shall 
include the following items: 
(i) separate male and female dressing rooms with lockers;
(ii) a toilet room(s) with water closet, hand washing facilities (can be 
shared); and 
(iii) a shower room(s) (can be shared). 
(11) Soiled workroom. In addition to the soiled workroom provided in the 
surgical suite, a separate soiled workroom(s) shall be required when an 
examination or treatment room(s) is provided, except as allowed in subparagraph 
(B) of this paragraph. 
(A) Special requirements. The workroom(s) shall contain a clinical sink or 
equivalent flushing type fixture, work counter, designated space for waste and 
linen receptacles, and hand washing facilities. 
(B) Shared functions. The soiled workroom required in support of an examination 
or treatment room(s) may be combined with a surgical suite soiled work room with 
two means of entry. A separate door into the soiled workroom shall serve the 
treatment rooms located outside the surgical suite.
(12) Sterilizing facilities. A system for sterilizing equipment and supplies 
shall be provided. Sterilizing procedures may be done on-site or off-site, or 
disposables may be used to satisfy functional needs.
(A) Off-site sterilizing. When sterilizing is provided off-site and disposables 
and prepackage surgical supplies are used, the following rooms shall be provided 
near the operating room. 
(i) Soiled holding room. A room for receiving contaminated/soiled material and 
equipment from the operating room shall be provided. The room shall be 
physically separate from all other areas of the suite. The room shall include a 
work counter(s) or a table(s), clinical sink or equivalent flushing type 
fixture, equipment for initial disinfection and preparation for transport to 
off-site sterilizing, and hand washing facilities. The soiled holding room may 
be combined with the surgical suite soiled workroom. 
(ii) Clean workroom. A clean workroom shall be provided for the exclusive use of 
the surgical suite. The workroom shall contain a work counter, with space for 
receiving, disassembling and organizing clean sterile supplies, storage cabinets 
or shelving, and hand washing facilities. 
(iii) Sterilizer equipment. Sterilizer equipment shall be located in a separate 
room convenient to the operating room(s), in an alcove adjacent to the 
restricted corridor, or in the clean workroom. 
(B) On-site sterilizing facilities. When sterilizing facilities are provided on-
site they shall be located near the operating room and provide the following 
rooms. 
(i) Receiving/decontamination room. This room shall be physically separate from 
all other areas of the surgical suite. The room shall include work counters or 
tables, clinical sink or equivalent flushing type fixture, equipment for initial 
sterilization/disinfection, and hand washing facilities. Pass-through 
doors/windows and washer/sterilizer decontaminators shall serve in delivering 
material to the clean workroom. 
(ii) Clean assembly/workroom. The room shall include counters or tables with 
space for organizing, assembling, and packaging of medical/surgical supplies and 
equipment, equipment for terminal sterilizing, and hand washing facilities. 
Clean and soiled work areas shall be physically separated. 
(iii) Sterile storage. A storage room for clean and sterile supplies shall be 
provided. The storage room shall have adequate areas and counters for breakdown 
of manufacturers' clean/sterile medical/surgical supplies. This room may be 
combined with the clean assembly/workroom. 
(iv) Sterile equipment storage. An equipment storage room shall be provided. 
Sterile storage equipment may be combined with surgical equipment storage but 
space provided for sterile equipment must be in addition to the 30 square feet 
per operating room requirement in paragraph (13)(B)(viii) of this subsection. 
(v) Cart storage room. The storage room for distribution carts shall be adjacent 
to clean and sterile storage area and close to main distribution points. 
(13) Surgical suite. The surgical suite shall be arranged to preclude unrelated 
traffic through the suite. The surgical suite shall contain at least one 
operating room and surgical service areas.
(A) Operating room. The operating room(s) shall have a clear floor area of at 
least 240 square feet exclusive of fixed or moveable cabinets, counters, or 
shelves. The minimum clear dimension between built-in cabinets, counters, and 
shelves shall be 14 feet. 
(B) Surgical service areas. 
(i) Control station. A control station shall be located to permit direct visual 
surveillance of the restricted corridor and all traffic which enters the 
surgical suite. 
(ii) Restricted corridor. The corridor shall serve as the primary passageway for 
staff and patients within the surgical suite. The following rooms shall have 
direct access to the restricted corridor: 
(I) preoperative patient holding area; 
(II) operating room(s); 
(III) recovery room(s); 
(IV) soiled workroom; 
(V) janitor's closet; 
(VI) equipment storage; 
(VII) sterilizing facilities; 
(VIII) staff clothing change area; and 
(IX) anesthesia workroom. 
(iii) Soiled workroom. A soiled workroom shall be provided for the exclusive use 
of the surgical suite. The workroom shall contain a clinical sink or equivalent 
flushing type fixture, work counter, designated space for waste and linen 
receptacles, and hand washing facilities. The soiled workroom shall not have 
direct connection with operating room(s) or other sterile activity room(s). 
(iv) Clean linen storage room. A storage room shall be provided for storing 
clean linen. 
(v) Scrub facilities. A scrub sink shall be provided near the entrance to each 
operating room. Scrub facilities shall be arranged to minimize incidental 
splatter on nearby personnel or carts. One scrub station with dual controls may 
serve two adjacent operating rooms. 
(vi) Janitor's closet. A janitor's closet shall be provided for the exclusive 
use of the surgical suite. The closet shall contain a floor receptor or service 
sink and storage space for housekeeping supplies and equipment.
(vii) Equipment storage room or area. A room, alcove, or designated area shall 
be provided for storing equipment and supplies used in the surgical suite. The 
storage room or area shall be a minimum of 30 square feet per operating room. 
(viii) Anesthesia workroom. When anesthesia is administered, an anesthesia 
workroom shall be provided for cleaning, testing, and storing anesthesia 
equipment. The room shall contain a work counter, hand washing facilities, 
storage racks for cylinders, and separate storage for clean and soiled items. 
(ix) Area for emergency crash cart. An area or alcove located out of traffic and 
convenient to operating and surgical rooms shall be provided for an emergency 
crash cart. 
(x) Stretcher storage area. An area or alcove shall be located convenient for 
use and out of the direct line of traffic for the storage of stretchers. Stored 
stretchers shall not encroach on corridor widths. 
(14) Treatment room. 
(A) A treatment room is not required but when provided it may be used for minor 
procedures that use only local anesthetics. 
(B) The treatment room shall have a clear floor area of at least 100 square feet 
exclusive of fixed or moveable cabinets, counters, or shelves. 
(C) The treatment room shall contain an examination table, a counter for 
writing, and hand washing facilities. 
(15) Waste processing. Space and facilities shall be provided for the safe and 
sanitary storage and disposal of waste by incineration, mechanical destruction, 
compaction, containerization, removal, or a combination of these techniques as 
appropriate for the material being handled. 
(e) Details. 
(1) Corridors. 
(A) Public corridor. The minimum clear and unobstructed width of a public 
corridor shall be at least four feet. 
(B) Communicating corridor. The communicating corridor is used to convey 
patients by stretcher, gurney, or bed. 
(i) The communicating corridor shall link the preoperative holding area, 
operating rooms(s), recovery room(s), and be continuous to at least one exit. 
(ii) The minimum clear and unobstructed width of a communicating corridor shall 
be eight feet. 
(2) Doors and windows. 
(A) Door types. Doors at all openings between corridors and rooms or spaces 
subject to occupancy shall be swing type. Elevator doors are excluded from this 
requirement. 
(B) Door swing. Doors, except doors to spaces such as small closets which are 
not subject to occupancy, shall not swing into corridors in a manner that might 
obstruct traffic flow or reduce the required corridor width. Large walk-in type 
closets are considered as occupiable spaces. 
(C) Patient access doors. The minimum width of doors for patient access to 
examination and consultation rooms shall be three feet. The minimum width of 
doors requiring access for beds and gurneys (preoperative holding area, 
operating room, recovery room) shall be three feet eight inches. 
(D) Emergency access. At least one door into a patient use toilet room shall 
swing outward or have hardware to permit access from the outside in an 
emergency. 
(E) Labeled doors. Labeled fire doors shall be listed by an independent testing 
laboratory and shall meet the construction requirement for fire doors in NFPA 
80, "Standard for Fire Doors and Fire Windows," 1995 edition. Reference to a 
labeled door shall be construed to include labeled frame and hardware. 
(F) Glazing. Glass doors, sidelights, borrowed lights, and windows located 
within 12 inches of a door jamb or with a bottom-frame height of less than 18 
inches above the finished floor shall be glazed with safety glass or plastic 
glazing material that will resist breaking and will not create dangerous cutting 
edges when broken. Similar materials shall be used for wall openings unless 
otherwise required for fire safety. Safety glass, tempered or plastic glazing 
materials shall be used for shower doors and bath enclosures, interior windows 
and doors. 
(3) Ceiling heights. The minimum ceiling height shall be eight feet with the 
following exceptions. 
(A) The operating room(s) or other rooms containing ceiling-mounted light 
fixtures or equipment shall have ceiling heights of not less than nine feet. 
Additional ceiling height may be required to accommodate special fixtures or 
equipment. 
(B) Minor rooms. Ceilings in storage rooms, toilet rooms, and other minor rooms 
shall be not less than seven feet six inches. 
(C) Special requirements. Suspended tracks, rails, pipes, signs, lights, door 
closures, exit signs, and other fixtures that protrude into the path of normal 
traffic shall not be less than six feet eight inches above the finished floor. 
(4) Toilet room accessories. 
(A) Grab bars. Grab bars shall be provided at toilets and showers. The bars 
shall be one and one-half inches in diameter, shall have one and one-half inches 
clearance to walls, and shall have sufficient strength and anchorage to sustain 
a concentrated vertical or horizontal load of 250 pounds. 
(B) Mirrors. Mirrors shall not be installed at hand washing fixtures where 
asepsis control and sanitation requirements would be lessened by hair combing. 
(5) Hand washing facilities. Location and arrangement of fittings for hand 
washing facilities shall permit their proper use and operation. Hand washing 
fixtures with hands free controls shall be provided in each examination room, 
preoperative area, recovery room, soiled utility room, fluoroscopy room, clean 
work room, and toilet room. Particular care shall be given to the clearances 
required for blade-type operating handles. Lavatories and hand washing 
facilities shall be securely anchored to withstand an applied vertical load of 
not less than 250 pounds on the front of the fixture. In addition to the 
specific areas noted, hand washing facilities shall be conveniently located for 
staff use throughout the center where patient care services are provided. 
(6) Hand drying. Provisions for hand drying shall be included at all hand 
washing facilities except scrub sinks. There shall be hot air dryers or 
individual paper units enclosed in such a way as to provide protection against 
dust or soil. Paper dispensing units shall provide for single unit dispensing. 
(7) Radiation protection. Shielding shall be designed, tested, and approved by a 
medical physicist licensed under the Medical Physics Act, Texas Civil Statutes, 
Article 4512n. Shielding calculations, specifications, and installations shall 
be reviewed by the Texas Department of Health's Bureau of Radiation Control 
(BRC) inspectors subsequent to equipment use. Any changes in design or shielding 
which affects radiation exposure levels adjacent to those rooms, requires prior 
approval by BRC. The ASC must obtain certificate of registration issued by BRC. 
(8) Rooms with heat producing equipment. Rooms containing heat producing 
equipment such as mechanical and laundry rooms shall be insulated and ventilated 
to prevent floors of any occupied room located above it from exceeding a 
temperature differential of 10 degrees Fahrenheit above the ambient room 
temperature. 
(f) Finishes. 
(1) Floor finishes. 
(A) General. Floor materials shall be easily cleanable, wear resistant, and 
appropriate for the location involved. In areas subject to frequent wet cleaning 
methods, floor materials shall not be physically affected by germicidal and 
cleaning solutions. Floors that are subject to traffic while wet, such as shower 
areas and certain work areas, shall have a nonslip surface.
(B) Operating room(s) and sterilizing facility(ies). Floor finishes shall be 
seamless, tightly sealed to the wall without voids, impervious to water, and 
shall have an integral coved base. Welded joint flooring shall be acceptable. 
(C) Threshold and expansion joint covers. Thresholds and expansion joint covers 
shall be flush with the floor surface to facilitate the use of wheelchairs and 
carts. Expansion joints shall be constructed to restrict the passage of smoke 
and fire and shall be listed by a nationally recognized testing laboratory. 
(2) Wall finishes. Wall finishes shall be smooth, washable, moisture resistant, 
and cleanable by standard housekeeping practices. Wall finishes shall comply 
with the requirements of NFPA 101, sec.26-3.3, relating to flame spread. 
(A) Finishes at plumbing fixtures. Wall finishes shall be water resistant in the 
immediate area of plumbing fixtures. 
(B) Wet cleaning methods. Wall finishes in areas subject to frequent wet 
cleaning methods shall be impervious to water, tightly sealed and without voids. 
(3) Ceiling finishes. 
(A) General. All occupied rooms and spaces shall be provided with finished 
ceilings, unless otherwise noted. Ceilings which are a part of a rated roof and 
ceiling assembly or a floor-ceiling assembly shall be constructed of listed 
components (by a nationally recognized testing laboratory) and installed in 
accordance with the listing. 
(B) Monolithic ceilings. Ceilings in operating rooms and sterilizing facilities 
shall be monolithic from wall to wall, smooth and without fissures, open joints, 
or crevices and with a washable and moisture impervious finish.
(C) Special requirements. Finished ceilings may be omitted in mechanical and 
equipment spaces, shops, and similar spaces unless required for fire-resistive 
purposes. 
(4) Floor, wall and ceiling penetrations. Floor, wall and ceiling penetrations 
by pipes, ducts, and conduits shall be tightly sealed to minimize entry of dirt 
particles, rodents and insects. Joints of structural elements shall be similarly 
sealed. 
(5) Cubicle curtains, draperies and other hanging fabrics shall be 
noncombustible or flame retardant and shall pass both the small scale and large 
scale test of NFPA 701, "Standard Methods of Fire Tests for Flame-Resistant 
Textiles and Films," 1996 edition. Copies of laboratory test reports for 
installed materials shall be submitted to the department at the time of the 
final construction inspection. 
(g) Elevators. All buildings that have patients services located on other than 
the main entrance floor shall have electric or electrohydraulic elevators. The 
elevators shall be installed in sufficient quantity, capacity, and speed that 
the average interval of dispatch time will not exceed one minute, and average 
peak loading can be accommodated. 
(1) Requirements for new elevators. New elevators shall be installed in 
accordance with the requirements of A17.1, "Safety Code for Elevators and 
Escalators," 1990 edition, published by the American Society of Mechanical 
Engineers and the American National Standards Institute (ASME/ANSI A17.1). All 
new elevators shall conform to the Fire Fighters' Service Requirements of 
ASME/ANSI A17.1 requirements of NFPA 101, Section 7-4.4. All documents published 
by the ASME/ANSI as referenced in this section may be obtained by writing the 
ANSI, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017. 
(2) Requirements for existing elevators. Existing elevators shall comply with 
the ASME/ANSI A17.1, Safety Code for Existing Elevators and Escalators, 1990 
edition. All existing elevators having a travel distance of 25 feet or more 
above or below the level that best serves the needs of emergency personnel for 
fire fighting or rescue purposes shall conform to Fire Fighters' Service 
Requirements of ASME/ANSI A17.3 as required by NFPA 101, sec.7-4.5. 
(3) Elevator machine rooms. Elevator machine rooms that contain solid-state 
equipment for elevators having a travel distance of more than 50 feet above the 
level of exit discharge or more than 30 feet below the level of exit discharge 
shall be provided with independent ventilation or air-conditioning systems 
required to maintain temperature during fire fighters' service operations for 
elevator operation. The operating temperature shall be established by the 
elevator equipment manufacturer's specifications and shall be posted in each 
such elevator machine room. When standby power is connected to the elevator, the 
machine room ventilation or air conditioning shall be connected to standby 
power. These requirements are not applicable to existing elevators. 
(4) Elevator car size. 
(A) Minimum elevator car size shall be five feet wide and five feet deep. 
(B) When the operating room(s) is located on a floor other than the preoperative 
and recovery floors a hospital-type elevator shall be provided. Cars of 
hospital-type elevators shall be at least 5 feet 8 inches wide by 9 feet deep. 
(5) Elevator and elevator shaft doors. Light beams, if used for operating door 
reopening devices without touch, shall be used in combination with door edge 
devices and shall be interconnected with a system of smoke detectors. This is so 
that the light control feature will be overridden or disengaged should it 
encounter smoke at any landing. 
(A) The smallest elevator car door opening shall be at least 3 feet wide and 7 
feet high. 
(B) The elevator car door opening for a hospital-type elevator shall be at least 
44 inches wide and 7 feet high. 
(6) Type of controls and alarms. Elevator call buttons, controls, and door 
safety stops shall be of a type that will not be activated by heat or smoke. 
(7) Leveling. All elevators shall be equipped with an automatic leveling device 
of the two-way automatic maintaining type with an accuracy of one-half inch. 
(8) Operation. All elevators, except freight elevators, shall be equipped with a 
two- way service key operated switch to permit cars to bypass all landing button 
calls and be dispatched directly to any floor.
(9) Accessibility of controls and alarms. Elevator controls, alarm buttons, and 
telephones shall be accessible to wheelchair occupants.
(10) Location. Elevators shall not open to an exit. 
(11) Testing. Each ASC shall ensure routine, periodic inspections and testing of 
all elevators and escalators as specified in ASME/ANSI A17. All elevators 
equipped with fire fighter service shall be subject to a monthly operation with 
a written record of the findings made and kept on the premises as required by 
NFPA 101, sec.7-4.8. 
(12) Certification. Each ASC shall obtain a certificate of inspection evidencing 
that the elevators and related equipment were inspected in accordance with the 
requirements in Health and Safety Code (HSC), Chapter 754, Subchapter B, and 
determined to be in compliance with the safety standards adopted under HSC, 
sec.754.014, administered by the Texas Department of Licensing and Regulation. 
The certificate of inspection shall be on record in each center. 
(h) Mechanical requirements. This subsection contains requirements for 
mechanical systems; air-conditioning, heating and ventilating systems; steam and 
hot and cold water systems; plumbing fixtures; piping systems; and thermal and 
acoustical insulation. 
(1) Cost. All mechanical systems shall be designed for overall efficiency and 
life cycle costing, including operational costs. Recognized engineering 
procedures shall be followed to achieve the most economical and effective 
results except that in no case shall patient care or safety be sacrificed for 
conservation.
(2) Equipment location. Mechanical equipment may be located indoors or outdoors 
(when in a weatherproof enclosure), or in a separate building(s). 
(3) Vibration isolation. Mechanical equipment shall be mounted on vibration 
isolators as required to prevent unacceptable structure-borne vibration. Ducts, 
pipes, etc. connected to mechanical equipment which is a source of vibration 
shall be isolated from the equipment with vibration isolators.
(4) Performance and acceptance. Prior to completion and acceptance of the 
facility, all mechanical systems shall be tested, balanced, and operated to 
demonstrate to the design engineer or his representative that the installation 
and performance of these systems conform to the requirements of the plans and 
specifications. 
(A) Material lists. Upon completion of the contract, the owner shall be provided 
with parts lists and procurement information with numbers and description for 
each piece of equipment. 
(B) Instructions. Upon completion of the contract, the owner shall be provided 
with instructions in the operational use of systems and equipment as required. 
(5) Heating, ventilating, and air conditioning (HVAC) systems. 
(A) All central HVAC systems shall comply with and shall be installed in 
accordance with the requirements of NFPA 90A, "Standard for the Installation of 
Air Conditioning and Ventilating Systems," 1996 edition, or NFPA 90B, "Standard 
for the Installation of Warm Air Heating and Air-Conditioning Systems," 1996 
edition, as applicable and the requirements contained in this subparagraph. Air 
handling units serving two or more rooms are considered to be central units. All 
documents published by NFPA as referenced in this section may be obtained by 
writing or calling the NFPA at the following address or telephone number: 
National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, 
Quincy, MA 02269-9101 or (800) 344-3555. 
(B) Non-central air handling systems, i.e., individual room units that are used 
for heating and cooling purposes (e.g., fan-coil units, heat pump units) shall 
be equipped with permanent (cleanable) or replaceable filters. The filters shall 
have a minimum efficiency of 68% weight arrestance. These units may be used as 
recirculating units only. All outdoor air requirements shall be met by a 
separate central air handling system with the proper filtration, as required in 
Table 1 in sec.135.54(a) of this title (relating to Tables).
(C) Ventilation system requirements. All rooms and areas in the center shall 
have provision for positive ventilation. Fans serving exhaust systems shall be 
located at the discharge end and shall be conveniently accessible for service. 
Exhaust systems may be combined, unless otherwise noted, for efficient use of 
recovery devices required for energy conservation. The ventilation rates shown 
in Table 1 of sec.135.54(a) of this title shall be used only as minimum 
requirements since they do not preclude the use of higher rates that may be 
appropriate. 
(i) Temperatures and humidities. The designed capacity of the systems shall be 
capable of providing the following ranges of temperatures and humidities. 
(I) Operating room. The operating room shall have the capability to control 
temperature and relative humidity in operating rooms between 68 degrees and 75 
degrees Fahrenheit and between 45% and 60%, respectively. 
(II) Recovery rooms. Capability to maintain temperature in recovery rooms at 75 
degrees Fahrenheit and control the relative humidity between 45% and 60%. 
(III) Other areas. The indoor design temperature in all other patient care areas 
shall be 75 degrees Fahrenheit with relative humidity of not less than 30%. 
(ii) Thermometers and humidity gauges. Each operating room and recovery room 
shall have a thermometer and a humidity gauge conveniently mounted at 
approximately eye level. 
(iii) Air handling duct requirements. Fully ducted supply, return and exhaust 
air systems shall be provided for all patient care areas. Combination systems, 
utilizing both ducts and plenums for movement of air in these areas shall not be 
permitted. 
(I) X-ray protection. Ducts which penetrate construction intended for X-ray or 
other ray protection shall not impair the effectiveness of the protection. 
(II) Protection of ducts penetrating fire and smoke partitions. Combination 
smoke and fire leakage rated (Class II) dampers shall be installed in accordance 
with manufacturers' instructions in all ducts penetrating one-hour rated fire 
and smoke partitions required by NFPA 101, sec.12-6.3.7 (not required in ASCs 
with an approved complete sprinkler system). 
(-a-) Fail-safe installation. Combination smoke and fire dampers shall close on 
activation of the fire alarm system by smoke detectors installed and located as 
required by NFPA 72, Chapter 5, "National Fire Alarm Code," 1996 edition; NFPA 
90A, Chapter 4; and NFPA 101, sec.12-6.3.7; the fire sprinkler system; and upon 
loss of power. Smoke dampers shall not close by fan shut-down alone. This 
requirement applies to all existing and new installations.
(-b-) Interconnection of air handling fans and smoke dampers. Air handling fans 
and smoke damper controls may be interconnected so that closing of smoke dampers 
will not damage the ducts. 
(-c-) Frangible devices. The use of frangible (nonresetting) devices for 
shutting smoke dampers shall not be permitted. 
(iv) Outside air intake locations. 
(I) Outside air intakes shall be located at least 25 feet from exhaust outlets 
of ventilating systems, combustion equipment stacks, medical-surgical vacuum 
systems, plumbing vents, or areas which may collect vehicular exhaust or other 
noxious fumes. (Prevailing winds and proximity to other structures may require 
other arrangements). 
(II) Plumbing and vacuum vents that terminate five feet above the level of the 
top of the air intake may be located as close as 10 feet to the air intake. 
(III) The bottom of outside air intakes shall be located not less than six feet 
above ground level. The bottom of outside air intakes located on a roof shall be 
not less than three feet above a roof level. 
(v) Air exhaust outlets. Exhaust outlets from areas having ethylene oxide 
sterilizers and other contaminants shall be above the roof level and arranged to 
exhaust upward. 
(vi) Pressure relationship. Ventilation systems shall be designed and balanced 
to provide pressure relationships contained in Table 1 of sec.135.54(a) of this 
title. For reductions and shut down of ventilation systems when a room is 
unoccupied, the provisions in Note 4 of Table 1 of sec.135.54(a) of this title 
shall be followed. 
(vii) Supply grilles. Supply grilles in operating rooms shall be located on the 
ceiling or on a wall near the ceiling and bottoms of return air grilles shall be 
located not more than 12 inches above the finished floor nor less than 6 inches. 
At least two return air outlets shall be provided in each operating room on 
opposing walls. 
(viii) Ventilation start-up requirements. Air handling systems shall not be 
started up and operated without the filters installed in place. This includes 
the 90% efficiency filters where required. Ducts shall be cleaned thoroughly by 
an air duct cleaning contractor when the air handling systems have been 
operating without the required filters in place. This includes construction 
operations. 
(ix) Humidifier location. When duct humidifiers are located upstream of the 
final filters, they shall be located at least 15 feet from the filters. Duct 
work with duct-mounted humidifiers shall be provided with a means of removing 
water accumulation. An adjustable high-limit humidistat shall be located 
downstream of the humidifier to reduce the potential of condensation inside the 
duct. All duct takeoffs should be sufficiently downstream of the humidifier to 
ensure complete moisture absorption. Reservoir-type water spray or evaporative 
pan humidifiers shall not be used. 
(x) Filtration requirements. All air handling units shall be equipped with 
filters having efficiencies equal to, or greater than, those specified in Table 
2 of sec.135.54(b) of this title. Filter efficiencies shall be average 
efficiencies tested in accordance with American Society of Heating, 
Refrigerating, and Air-conditioning Engineers (ASHRAE), Inc., Standard 52, 
"Gravimetric and Dust Spot Procedures for Testing Air Cleaning Devices Used in 
General Ventilation for Removing Particulate Matter," 1992 edition. All joints 
between filter segments, and between filter segments and the enclosing ductwork, 
shall have gaskets and seals to provide a positive seal against air leakage. All 
documents published by ASHRAE as referenced in this section may be obtained by 
writing or calling the ASHRAE, Inc. at the following address or telephone 
number: ASHRAE, Inc., 1791 Tullie Circle, N. E., Atlanta, GA 30329; telephone 
(404) 636-8400. 
(I) Location of multiple filters. Where two filter beds are required by Table 2 
of sec.135.54(b) of this title, filter bed number one shall be located upstream 
of the air-conditioning equipment, and filter bed number two shall be downstream 
of the supply fan or blowers. 
(II) Location of single filters. Where only one filter bed is required by Table 
2 of sec.135.54(b) of this title, it shall be located downstream of the supply 
fan. 
(III) Duct linings. Internal linings shall not be used in ducts, terminal boxes, 
or other air system components supplying operating rooms and post anesthesia 
recovery rooms unless terminal filters of at least 90% efficiency are installed 
downstream of linings. This requirement shall not apply to mixing boxes and 
acoustical traps that have approved nonabrasive coverings over such linings. 
(xi) Pressure monitoring devices. A manometer or draft gauge shall be installed 
across each filter bed having a required efficiency of 75% or more, including 
laboratory hoods requiring high efficiency particulate air (HEPA) filters. 
(xii) Ventilation for anesthetizing locations. Ventilation for anesthetizing 
locations (defined in NFPA 99, sec.2-2) shall comply with NFPA 99, sec.13-
4.1.2.1 and the requirements of subclauses (I) and (II) of this clause. 
(I) Smoke removal systems for anesthetizing locations (surgical suites). Supply 
and exhaust systems for windowless anesthetizing locations shall be arranged to 
automatically exhaust smoke and products of combustion, prevent recirculation of 
smoke originating within the surgical suite, and prevent the circulation of 
smoke entering the system intakes, without in either case interfering with the 
exhaust function of the system as required by NFPA 99, sec.5-4.1.3. 
(II) Smoke exhaust grilles. Exhaust grilles for smoke evacuation systems shall 
be ceiling-mounted or on the wall near the ceiling. 
(D) Thermal and acoustical insulation for air handling systems. Asbestos 
insulation shall not be used. 
(i) Thermal duct insulation. Air ducts and casings with outside surface 
temperature below ambient dew point or temperature above 80 degrees Fahrenheit 
shall be provided with thermal insulation. 
(ii) Insulation in air plenums and ducts. When installed, linings in air ducts 
and equipment shall meet the Erosion Test Method described in Underwriters' 
Laboratories, Inc., Standard 181, "Factory-Made Duct Materials and Air Duct 
Connectors." This document may be obtained from the Underwriters' Laboratories, 
Inc., 333 Pfingsten Road, Northbrook, IL 60062-2096. 
(iii) Insulation flame spread and smoke developed ratings. Interior and exterior 
insulation, including finishes and adhesives on the exterior surfaces of ducts 
and equipment, shall have a flame spread rating of 25 or less and a smoke 
developed rating of 50 or less as required by NFPA 90A, Chapters 2 and 3. 
(iv) Frangible insulation. Insulation of soft and spray-on types shall not be 
used where it is subject to air currents or mechanical erosion or where loose 
particles may create a maintenance or health problem.
(6) Piping systems and plumbing fixture requirements. All piping systems and 
plumbing fixtures shall be designed and installed in accordance with the 
requirements of the National Standard Plumbing Code published by the National 
Association of Plumbing-Heating-Cooling Contractors (PHCC), 1996 edition, and 
this paragraph. The National Standard Plumbing Code may be obtained by writing 
or calling the PHCC at the following address or telephone number: Plumbing-
Heating-Cooling Contractors, P. O. Box 6808, Falls Church, VA 22040; telephone 
(800) 533-7694. 
(A) Water supply piping systems. Water supply piping systems shall be designed 
to supply water at sufficient pressure to operate all fixtures and equipment 
during maximum demand. 
(i) Valves. Each water service main, branch main, riser, and branch to a group 
of fixtures shall be valved. Stop valves shall be provided at each fixture. 
(ii) Backflow preventers. Backflow preventers (vacuum breakers) shall be 
installed on hose bibs, laboratory sinks, janitor sinks, bedpan flushing 
attachments, autopsy tables, and on all other fixtures to which hoses or tubing 
can be attached. 
(iii) Flushing valves. Flush valves installed on plumbing fixtures shall be of a 
quiet operating type, equipped with silencers. 
(iv) Water storage tanks. Water storage tanks shall be fabricated of corrosion-
resistant metal or lined with noncorrosive material. 
(B) Fire sprinkler systems. When provided, fire sprinkler systems shall comply 
with the requirements of NFPA 101, Section 7-7 and the requirements of this 
clause. All fire sprinkler systems shall be designed, installed, and maintained 
in accordance with the requirements of NFPA 13, "Standard for the Installation 
of Sprinkler Systems," 1996 edition, and shall be certified as required by 
sec.135.53(e)(4) of this title (relating to Preparation, Submittal Review, and 
Approval of Plans). 
(C) Piped nonflammable medical gas and clinical vacuum systems. When provided, 
piped nonflammable medical gas and clinical vacuum system installations shall be 
designed, installed and certified in accordance with the requirements of NFPA 
99, Section 4-3 for Level I systems and the requirements of this subparagraph.
(i) Outlets. Nonflammable medical gas and clinical vacuum outlets shall be 
provided in accordance with Table 3 of sec.135.54(c) of this title. 
(ii) Installer qualifications. All installations of the medical gas piping 
systems shall be done only by, or under the direct supervision of a holder of a 
master plumber license or a journeyman plumber license with a medical gas piping 
installation endorsement issued by the Texas State Board of Plumbing Examiners. 
(iii) Installer tests. Prior to closing of walls, the installer shall perform an 
initial pressure test, a blowdown test, a secondary pressure test, a cross-
connection test, and a purge of the piping system as required by NFPA 99. 
(iv) Qualifications for conducting verification tests and inspections. 
Verification tests and inspections by a party, other than the installer, shall 
be conducted by individuals who are technically competent and experienced in the 
field of piped medical gas systems. 
(v) Verification tests. Upon completion of the installer inspections and tests 
and after closing of walls, verification tests of the medical gas piping 
systems, the warning system, and the gas supply source shall be conducted. The 
verification tests shall include a cross-connection test, valve test, flow test, 
piping purge test, piping purity test, final tie-in test, operational pressure 
tests, and medical gas concentration test. 
(vi) Verification test requirements. Verification tests of the medical gas 
piping system and the warning system, shall be performed on all new piped 
medical gas systems, additions, renovations, or repaired portions of an existing 
system. All systems that are breached and components that are added, renovated, 
or replaced shall be inspected and appropriately tested. The breached portions 
of a system shall be repaired with all new components in the immediate zone or 
area located upstream of the point or area of intrusion and downstream to the 
end of the system or at a properly installed isolation valve. 
(vii) Warning system verification tests. Verification tests of piped medical gas 
systems shall include tests of the source alarms and monitoring safeguards, 
master alarm systems, and the area alarm systems.
(viii) Source equipment verification tests. Source equipment verification tests 
shall include medical gas supply sources (bulk and manifold) and the compressed 
air source systems (compressors, dryers, filters, and regulators).
(ix) Written certification. Written certification for piped medical gas and 
vacuum systems including the supply sources and warning systems shall be 
provided by a party technically competent and experienced in the field of 
medical gas pipeline testing. The certification shall document compliance with 
NFPA 99 and the integrity of the completed system. The written certification 
shall be submitted directly to the ASC and the installer. A copy shall be 
available at final department construction inspection. 
(x) Facility responsibility. Before new piped medical gas systems, additions, 
renovations, or repaired portions of an existing system are put into use, ASC 
medical personnel shall verify that the gas delivered at the outlet corresponds 
with requiring labeling at each outlet. 
(xi) Documentation of medical gas and clinical vacuum outlets. Documentation of 
the installed, modified, extended or repaired medical gas piping system shall be 
submitted to the department by the same party certifying the piped medical gas 
systems. The number and type of medical gas outlets (e.g., oxygen, vacuum, 
medical air, nitrogen, nitrous oxide) shall be documented and arranged tabularly 
by room numbers and room types. 
(D) Waste anesthetic gas disposal (WAGD) systems. Each space routinely used for 
administering inhalation anesthesia shall be provided with a WAGD system as 
required by NFPA 99, sec.4-3.3. 
(7) Steam and hot water systems. 
(A) Boilers. Boilers shall have the capacity, based upon the net ratings 
published by the Hydronics Institute or another acceptable national standard, to 
supply the normal heating, hot water and steam requirements of all systems and 
equipment. The number and arrangement of boilers shall be such that, when one 
boiler breaks down or routine maintenance requires that one boiler be 
temporarily taken out of service, the capacity of the remaining boiler(s) shall 
be sufficient to provide hot water service for clinical and patient use; steam 
for sterilization; and heating for operating, recovery, and critical care rooms. 
However, reserve capacity for facility space heating of noncritical care areas 
such as administrative areas, is not required in geographical areas where a 
design dry bulb temperature equals 25 degrees Fahrenheit or higher as based on 
the 99% design value shown in the Handbook of Fundamentals, 1993 edition, 
published by ASHRAE, Inc. 
(i) Valves. Supply and return mains and risers of cooling, heating, and process 
steam systems shall be valved to isolate the various sections of each system. 
Each piece of equipment shall be valved at the supply and return ends except 
that vacuum condensate returns need not be valved at each piece of equipment. 
(ii) Boiler certification. When required, the ASC shall ensure compliance with 
Texas Department of Licensing and Regulation, Boiler Section, Texas Boiler Law, 
1995 (Health and Safety Code, Chapter 755, Boilers), which requires that 
certification documentation for boilers shall be posted on site at each boiler 
installation. 
(B) Hot water system. Hot water distribution system serving all patient care 
areas shall be under constant recirculation to provide continuous hot water at 
each hot water outlet. 
(i) Capacity of water heating equipment. Water heating equipment shall have 
sufficient capacity to supply water for all clinical needs based on accepted 
engineering procedures using actual number and type of fixtures and for heating, 
when applicable. 
(ii) Water temperature measurements. Water temperatures shall be measured at hot 
water point of use or at the inlet to processing equipment. Hot water 
temperature at point of use for patients, staff and visitors shall not exceed 
110 degrees Fahrenheit. 
(8) Drainage systems. Building sewers shall discharge into a community sewage 
system. Where such a system is not available, a facility providing sewage 
treatment must conform to applicable local and state regulations. 
(A) Above ground piping. Soil stacks and roof drains installed above ground 
within buildings shall be drain-waste-vent (DWV) weight or heavier and shall be: 
copper pipe, copper tube, cast iron pipe, polyvinyl chloride (PVC) schedule 40 
pipe, or galvanized iron pipe. Buildings or portions of buildings remodeled to 
an ASC need not comply with this requirement. 
(B) Underground piping. All underground building drains shall be cast iron soil 
pipe, hard temper copper tube (DWV or heavier), acrylonitrile-butodiene-styrene 
(ABS) plastic pipe (DWV Schedule 40 or heavier), PVC pipe (DWV Schedule 40 or 
heavier), or extra strength vitrified clay pipe (VCP) with compression joints or 
couplings. Underground piping shall have at least 12 inches of earth cover or 
comply with local codes. Existing building or portions of buildings that are 
being remodeled need not comply with this subparagraph. 
(C) Drains for chemical wastes. Separate drainage systems for chemical wastes 
(acids and other corrosive materials) shall be provided. Materials acceptable 
for chemical waste drainage systems shall include chemically resistant glass 
pipe, high silicone content cast iron pipe, VCP, plastic pipe, or plastic lined 
pipe. 
(9) Thermal insulation for piping systems and equipment. Asbestos insulation 
shall not be used. 
(A) Insulation shall be provided for the following: 
(i) boilers, smoke breeching, and stacks; 
(ii) steam supply and condensate return piping; 
(iii) hot water piping and all hot water heaters, generators, converters, and 
storage tanks; 
(iv) chilled water, refrigerant, other process piping, equipment operating with 
fluid temperatures below ambient dew point, and water supply and drainage piping 
on which condensation may occur. Insulation on cold surfaces shall include an 
exterior vapor barrier; and 
(v) other piping, ducts, and equipment as necessary to maintain the efficiency 
of the system. 
(B) Flame spread. Flame spread shall not exceed 25 and smoke development rating 
shall not exceed 50 for pipe insulation as determined by an independent testing 
laboratory in accordance with NFPA 255, "Standard Method of Test of Surface 
Burning Characteristics of Building Materials," 1996 edition.
(10) Plumbing fixtures. Plumbing fixtures shall be made of nonabsorptive, acid 
resistant materials and shall comply with the recommendations of the National 
Standard Plumbing Code, 1996 edition, and this paragraph. 
(A) Sink and lavatory controls. All lavatories used by medical and nursing staff 
and by patients shall be trimmed with valves which can be operated without the 
use of hands. Blade handles used for this purpose shall not be less than 4 
inches in length. Single lever or wrist blade devices may be used. 
(B) Clinical sink traps. Clinical sinks shall have an integral trap in which the 
upper portion of a visible trap seal provides a water surface.
(C) Sinks for disposal of plaster of paris. Sinks that are used for the disposal 
of plaster of paris shall have a plaster trap. 
(D) Back flow or siphoning. All plumbing fixtures and equipment shall be 
designed and installed to prevent the back-flow or back-siphonage of any 
material into the water supply. The over-the-rim type water inlet shall be used 
wherever possible. Vacuum-breaking devices shall be properly installed when an 
over-the-rim type water inlet cannot be utilized. 
(E) Drinking fountain. Each drinking fountain shall be designed so that the 
water issues at an angle from the vertical, the end of the water orifice is 
above the rim of the bowl, and a guard is located over the orifice to protect it 
from lip contamination. 
(F) Sterilizing equipment. All sterilizing equipment shall be designed and 
installed to prevent not only the contamination of the water supply but also the 
entrance of contaminating materials into the sterilizing units. 
(G) Hose attachment. No hose shall be affixed to any faucet if the end of the 
hose can become submerged in contaminated liquid unless the faucet is equipped 
with an approved, properly installed vacuum-breaker.
(H) Bedpan washers and sterilizers. When provided, bedpan washers and 
sterilizers shall be designed and installed so that both hot and cold water 
inlets shall be protected against back-siphonage at maximum water level. 
(I) Flood level rim clearance. The water supply spouts for lavatories and sinks 
required in patient care areas shall be mounted so that its discharge point is a 
minimum of 5 inches above the rim of the fixture.
(J) Scrub sink controls. Freestanding scrub sinks and lavatories used for 
scrubbing in procedure rooms shall be trimmed with foot, knee, or ultrasonic 
controls. Single lever wrist blades are not acceptable at scrub sinks. 
(K) Floor drains or floor sinks. Where floor drains or floor sinks are 
installed, they shall be of a type that can be easily cleaned by removal of the 
cover. Removable stainless steel mesh shall be provided in addition to a grilled 
drain cover to prevent entry of large particles of waste which might cause 
stoppages. 
(L) Under counter piping. Under counter piping and above floor drains shall be 
arranged (raised) so as not to interfere with cleaning of the floor below the 
equipment. 
(i) Electrical requirements. All electrical material and equipment, including 
conductors, controls, and signaling devices, shall be installed in compliance 
with applicable sections of the NFPA 70, "National Electrical Code," 1996 
edition, sec.517-50; NFPA 99, Chapter 13; the requirements of this subsection; 
and as necessary to provide a complete electrical system. Electrical systems and 
components shall be listed by nationally recognized listing agencies as 
complying with available standards and shall be installed in accordance with the 
listings and manufacturers' instructions. 
(1) All fixtures, switches, sockets, and other pieces of apparatus shall be 
maintained in a safe and working condition. 
(2) Extension cords and cables shall not be used for permanent wiring. 
(3) All electrical heating devices shall be equipped with a pilot light to 
indicate when the device is in service, unless equipped with a temperature 
limiting device integral with the heater. 
(4) All equipment, fixtures, and appliances shall be properly grounded in 
accordance with NFPA 70. 
(5) Under-counter electrical installations shall be arranged (raised) to not 
interfere with cleaning of the floor below the equipment.
(6) Installation testing and certification. 
(A) Installation testing. The electrical installations, including grounding 
continuity, fire alarm, nurses calling system and communication systems, shall 
be tested to demonstrate that equipment installation and operation is 
appropriate and functional. A written record of performance tests on special 
electrical systems and equipment must show compliance with applicable codes and 
standards and shall be available to the department upon request. 
(B) Installation certification. Certifications in affidavit form signed by a 
registered electrical engineer attesting that the electrical service, electrical 
equipment, and electrical appliances have been installed in compliance with the 
approved plans and applicable standards, shall be submitted to the department 
upon request. 
(7) Electrical safeguards. Shielded isolation transformers, voltage regulators, 
filters, surge suppressors, and other safeguards shall be provided as required 
where power line disturbances are likely to affect fire alarm components, data 
processing, equipment used for treatment, and automated laboratory diagnostic 
equipment. 
(8) Services and switchboards. Main switchboards shall be located in an area 
separate from plumbing and mechanical equipment and shall be accessible to 
authorized persons only. Switchboards shall be convenient for use, readily 
accessible for maintenance, away from traffic lanes, and located in dry, 
ventilated spaces free of corrosive or explosive fumes, gases, or any flammable 
material. Overload protective devices must operate properly in ambient 
temperatures. 
(9) Panelboard. Distribution panels containing circuit breakers which control 
lighting and power to essential and normal electrical circuits shall be located 
within the ASC. 
(10) Wiring. All conductors for controls, equipment, lighting and power 
operating at 100 volts or higher shall be installed in metal or metallic 
raceways in accordance with the requirements of NFPA 70, Article 517. All 
surface mounted wiring operating at less than 100 volts shall be protected from 
mechanical injury with metal raceways to a height of seven feet above the floor. 
Conduits and cables shall be supported in accordance with NFPA 70, Article 300. 
(11) Lighting. 
(A) Lighting intensity for staff and patient needs shall comply with guidelines 
for health care facilities set forth in the Illuminating Engineering Society of 
North America (IES) Handbook published by the Illuminating Engineering Society 
of North America, 345 east 47th Street, New York, NY 10017. 
(i) Consideration should be given to controlling light intensity and wavelength 
to prevent harm to the patient's eyes. 
(ii) Approaches to buildings and parking lots, and all spaces within buildings 
shall have fixtures that can be illuminated as necessary. All rooms including 
storerooms, electrical and mechanical equipment rooms, and all attics shall have 
sufficient artificial lighting so that all spaces shall be clearly visible. 
(iii) Consideration should be given to the special needs of the elderly. 
Excessive contrast in lighting levels that makes effective sight adaptation 
difficult shall be minimized. 
(B) Means of egress and exit sign lighting intensity shall comply with NFPA 101, 
sec.sec.5-8, 5-9 and 5-10.
(C) Electric lamps which may be subject to breakage or which are installed in 
fixtures in confined locations when near woodwork, paper, clothing, or other 
combustible materials, shall be protected by wire guards, or plastic shields. 
(D) Ceiling mounted surgical and examination light fixtures shall be suspended 
from rigid support structures mounted above the ceiling.
(E) Operating rooms shall have general lighting in addition to local lighting 
provided by special lighting units at the surgical tables. Each fixed special 
lighting unit at the tables, except for portable units, shall be connected to an 
independent circuit. 
(F) X-ray film illuminators for handling at least four films simultaneously 
shall be provided in each major operating room and special procedure room. 
(12) Receptacles. Only listed hospital grade grounding receptacles shall be used 
in the operating rooms and post anesthesia recovery area. This does not apply to 
special purpose receptacles. 
(A) Installations of multiple ganged receptacles shall not be permitted in 
patient care areas. 
(B) All receptacles powered from the critical branch shall be colored red. 
(C) Replacement of malfunctioning receptacles and installation of new 
receptacles powered from the critical branch in existing facilities shall be 
accomplished with receptacles of the same distinct color as the existing 
receptacles. 
(D) In locations where mobile X-ray or other equipment requiring special 
electrical configuration is used, the additional receptacles shall be 
distinctively marked for the special use. 
(E) Each receptacle shall be grounded to the reference grounding point by means 
of a green insulated copper equipment grounding conductor in accordance with 
NFPA 70, sec.517-13. 
(F) Each operating room and special procedure room shall have at least four 
duplex receptacles located convenient to the head of the procedure table and one 
receptacle on the other walls. 
(G) Appliances shall be grounded in accordance with NFPA 99, Chapter 9. 
(H) A minimum of one duplex receptacle in each wall shall be installed in each 
work area or room other than storage or lockers. Each examination and work table 
shall have access to a minimum of two duplex receptacles.
(13) Equipment. 
(A) The following shall be powered from the Type I essential electrical system 
in accordance with the requirements of NFPA 99, sec.3-4.2.2.3 when such a system 
is required for safe operation of the ASC referenced in paragraph (17) of this 
subsection. 
(i) Boiler accessories including feed pumps, heat-circulating pumps, condensate 
return pumps, fuel oil pumps, and waste heat boilers shall be connected to the 
equipment system. 
(ii) Ventilating system serving preoperative areas, operating rooms, and post 
anesthesia recovery rooms shall be connected to the equipment system in 
accordance with the requirements of NFPA 99, Chapter 3. 
(B) Laser equipment shall be installed according to manufacturer recommendations 
and shall be registered with the Bureau of Radiation Control, Texas Department 
of Health, 1100 West 49th Street, Austin, Texas 78756. 
(14) Wet patient care location. Wet patient care locations shall be protected 
against shock in accordance with the requirements of NFPA 99, sec.3-3.2.1.2(f). 
(15) Grounding requirements. Fixed electrical equipment shall be grounded in 
accordance with the requirements of NFPA 99, sec.3-3.1.2 and NFPA 70, Article 
517-13. 
(16) Nurses calling systems. 
(A) A nurse emergency calling system shall be installed in all toilets used by 
patients to summon nursing staff in an emergency. Activation of the system shall 
sound an audible signal which repeats every five seconds at a staffed location 
and shall activate a distinct visible signal outside of toilet room where the 
call originated. The visible and audible signals shall be cancelable only at the 
patient calling station. Activation of the system shall also activate distinct 
visible signals in the clean workroom and in the soiled workroom. 
(B) A staff emergency assistance calling system station shall be located in each 
operating room, treatment room, examination room, recovery and preoperative 
holding area to be used by staff to summon additional help in an emergency. 
Activation of the system shall sound an audible signal at a staffed location, 
indicate type and location of call on the system monitor and activate a distinct 
visible signal in the corridor at the door. Additional visible signals shall be 
installed at corridor intersections in multi-corridor facilities. Distinct 
visible and audible signals shall be activated in the clean and in soiled 
workrooms. 
(17) Essential electrical system. The essential electrical system shall comply 
with the requirements of NFPA 99, sec.13-3.3.2.
(A) A Type 1 essential electrical system shall be installed, maintained and 
tested in each facility in accordance with requirements of NFPA 99, Section 3-4; 
NFPA 101, sec.12.6.2.9; and National Fire Protection Association 110, Standard 
for Emergency and Standby Power Systems, 1996 edition when critical care areas 
(see definition in NFPA 99, sec.2-2) are provided in the facility. Otherwise, a 
Type 3 essential electrical system shall be installed, maintained, and tested in 
accordance with the requirements of NFPA 99, sec.3-6.
(B) Fuel storage capacity for an on-site generator for a Type 1 essential 
electrical system shall allow continuous operation, under full load for eight 
hours and six months of testing as required by NFPA 99, sec.3-4.4.1.1(b).
(18) Fire alarm system. A fire alarm system which complies with the requirements 
of NFPA 101, sec.12-6.3.4; NFPA 70, Article 760; and NFPA 72, Chapter 3 
requirements, shall be provided in each facility.
(A) Fire alarm system shall be installed by or under direct supervision of a 
fire alarm installer licensed by the State Fire Marshal.
(B) The ASC shall submit a copy of the Fire Alarm Installation Certificate 
(State Fire Marshal's form FML 009 040392) to the department for all new 
installations and for any material changes to the existing systems.

sec.135.53. Preparation, Submittal, Review, and Approval of Plans.
(a) General. Plans and specifications describing the construction of new 
buildings and additions to or renovations and conversions of existing buildings 
shall be prepared by design professionals. A functional program narrative which 
describes the medical procedures to be performed at the facility shall be 
prepared and submitted by medical professionals. 
(b) Preliminary documents. Preliminary documents shall consist of preliminary 
plans, a functional program narrative and outline specifications. The functional 
program shall describe, in detail, staffing, patient types, hours of operation, 
function and space relationships, transfer provisions and availability of 
offsite services. These documents shall contain sufficient information to 
establish the project scope, description of functions to be performed, project 
location, required fire safety and exiting requirements, building construction 
type, compartmentation showing fire and smoke barriers, services, and the usage 
of all spaces, areas, and rooms on every floor level.
(1) Preparation of preliminary plans. Preliminary plans shall be of a 
sufficiently large scale to clearly illustrate the proposed design but not less 
than one-eighth inch equals one foot. Preliminary plans shall provide the 
following information. 
(A) Area map. A map of the area within a two-mile radius of the ASC site shall 
be provided and any hazardous and undesirable location noted in sec.135.52(a)(3) 
and (4) of this title (relating to Construction Requirements for New Ambulatory 
Surgical Centers) shall be identified. 
(B) Site plan. A site plan shall be submitted and shall indicate the location of 
the proposed building(s) in relation to property lines, existing buildings or 
structures, access and approach roads, and parking areas and drives. Any 
overhead or underground utilities or service lines shall also be indicated. Any 
extreme variations in grade shall be indicated. 
(C) Floor plans. 
(i) New facilities. Each floor plan shall indicate and identify all individual 
spaces, doors, windows and means of egress. The total floor area on each level 
involved in construction shall be shown on the drawings. Each smoke compartment 
area shall be calculated and shown. 
(ii) Existing facilities. An overall floor plan showing existing spaces, smoke 
partitions, smoke compartments, and exits and their relationship to the new 
construction shall be submitted on all renovations or additions to an existing 
facility. Plans for remodeling of spaces above or below the level of discharge 
shall include the level of discharge floor plan which shows all exits at that 
level. When there are two different levels of discharge, plans for both levels 
shall be submitted. 
(D) Construction type and fire rating. Building sections shall be provided to 
illustrate construction type and fire protection rating. Section(s) shall be 
drawn at a scale sufficiently large to clearly present the proposed construction 
system. 
(E) Outline specifications. Outline specifications shall contain a general 
description of the construction; materials; and finishes not shown on the 
drawings; type of heating, ventilation and air conditioning system; and type of 
essential electrical system. 
(2) Functional program narrative. The narrative shall outline and describe the 
medical procedure(s) to be performed and shall describe the scope of the 
project, type of construction (existing or proposed) as stated in National Fire 
Protection Association 101, Code for Safety to Life from Fire in Buildings and 
Structures, 1997 edition (NFPA 101), sec.12-6.1.6, published by the National 
Fire Protection Association (NFPA), functional description of each space (may be 
shown on plans), energy conservation measures included in building, mechanical 
and electrical designs. All documents published by the NFPA as referenced in 
this section may be obtained by writing or calling the NFPA at the following 
address and telephone number: Post Office Box 9101, 1 Batterymarch Park, Quincy, 
Massachusetts 02269-9101, (800) 344-3555. 
(3) Submission of preliminary plans. One set of preliminary plans and outline 
specifications covering the construction of new buildings, additions, or 
renovations to existing buildings, shall be submitted to the Texas Department of 
Health (department) for review and approval. For convenience, preliminary plans 
may be of a reduced size or scale. 
(A) Preliminary plans and specifications must be accompanied by a completed 
Application for Plan Review. 
(B) All deficiencies noted in the preliminary plan review shall be 
satisfactorily resolved. Written department approval of preliminary plans must 
be obtained prior to proceeding with final plans and specifications. This 
requirement also applies to fast-track projects. 
(c) Construction documents. Construction documents or final plans and 
specifications shall be submitted to the department for review and approval 
prior to the start of construction. All final plans and specifications shall be 
appropriately sealed and signed by a registered architect and professional 
engineers licensed by the State of Texas. 
(1) Preparation of construction documents. Construction documents shall be well 
prepared so that clear and distinct prints may be obtained, shall be accurately 
and adequately dimensioned, and shall include all necessary explanatory notes, 
schedules, and legends and shall be adequate for contract purposes. Compliance 
with model building codes and this chapter shall be indicated. The type of 
construction, as classified by NFPA 20, "Standard on Types of Building 
Construction," 1995 edition, shall be provided for existing and new facilities. 
Final plans shall be drawn to a sufficiently large scale to clearly illustrate 
the proposed design but not less than one-eighth inch equals one foot. All rooms 
shall be identified by usage on all plans (architectural, fire safety, 
mechanical, electrical, etc.) submitted. Separate drawings shall be prepared for 
each of the following branches of work. 
(A) Architectural plans. Architectural drawings shall include the following: 
(i) a site plan showing all new topography, newly established levels and grades, 
existing structures on the site (if any), new buildings and structures, 
roadways, walks, and the extent of the areas to be landscaped. All structures 
which are to be removed under the construction contract and improvements shall 
be shown. A general description of the immediate area surrounding the site shall 
be provided; 
(ii) a plan of each floor and roof with identification of all spaces; 
(I) when a new ASC is to be located above the ground floor (above level of exit 
discharge) of a multi-story building, whether new or existing, a floor plan of 
the entire floor containing the ASC and every floor below shall be submitted. 
These floor plans shall clearly show exits, such as stairs, to grade discharge. 
A roof plan shall also be submitted for the building; and 
(II) when an existing ASC which is located above the ground floor (level of exit 
discharge) is to be remodeled and/or expanded, then only the plan of that floor 
and a plan of the floor of exit discharge need be submitted;
(iii) schedules of doors, windows, and finishes; 
(iv) elevations of each facade; 
(v) sections through building; and 
(vi) scaled details as necessary. 
(B) Fire safety plans. Fire safety plans shall be provided in addition to the 
architectural floor plan(s) for all newly constructed or renovated ASCs. Plans 
shall be of a sufficiently large scale to clearly illustrate the proposed design 
but not less than one-sixteenth inch equals one foot and shall include the 
following information: 
(i) separate fire safety plans indicating the designated smoke compartments 
required by NFPA 101, sec.12-6.3.7, location of fire rated walls, location and 
fire resistance rating of each fire and smoke damper, and the required means of 
egress (corridors, stairs, exits, exit passageways);
(ii) location of all required fire alarm devices, including all fire alarm 
control panels, manual pull stations, audible and visual fire alarm signaling 
devices, smoke detectors (ceiling and duct mounted), fire alarm annunciators, 
fire alarm transmission devices, fire sprinkler flow switches and control valve 
supervisory switches on each of the floor plans; and 
(iii) areas protected with fire sprinkler systems (pendant, sidewall or upright, 
normal or quick response, and temperature rating shall be indicated), stand pipe 
system risers and sizes with valves and inside and outside fire department 
connections, fire sprinkler risers and sizes, location and type of portable fire 
extinguishers. 
(C) Equipment drawings. Equipment drawings shall include the following: 
(i) all equipment that is necessary for the operation of the ASC as planned. The 
design shall indicate provisions for the installation of large and special items 
of equipment and for service accessibility; 
(ii) fixed equipment which is permanently affixed to the building or which must 
be permanently connected to a service distribution system designed and installed 
during construction for the specific use of the equipment. The term "fixed 
equipment" includes items such as sterilizers, communication systems, and built-
in casework (cabinets); 
(iii) movable equipment (equipment not described in clause (ii) of this 
subparagraph as fixed). The term "moveable equipment" includes wheeled 
equipment, plug-in type monitoring equipment, and relocatable items; and 
(iv) equipment which is not included in the construction contract but which 
requires mechanical or electrical service connections or construction 
modifications. The equipment described in this clause shall be identified on the 
drawings to ensure its coordination with the architectural, mechanical, and 
electrical phases of construction. 
(D) Structural drawings. Structural drawings shall include:
(i) plans for foundations, floors, roofs, and all intermediate levels; 
(ii) a complete design with sizes, sections, and the relative location of the 
various members; 
(iii) a schedule of beams, girders, and columns; 
(iv) dimensioned floor levels, column centers, and offsets;
(v) details of all special connections, assemblies, expansion joints; and 
(vi) special openings and pipe sleeves dimensioned or otherwise noted for easy 
reference. 
(E) Mechanical drawings. Documentation for selection of the type of heating and 
cooling system based on requirements contained in sec.135.52(h)(1) of this title 
(relating to Construction Requirements for New Ambulatory Surgical Centers) 
shall be included with the mechanical plans. Mechanical drawings shall include: 
(i) complete ventilation systems (supply, return, exhaust), all fire and smoke 
partitions, locations of all dampers, registers, and grilles, air volume flow at 
each device, and name identification of all spaces; 
(ii) boilers, chillers, heating and cooling piping systems (steam piping, hot 
water, chilled water), and associated pumps; 
(iii) cold and warm water supply systems, water heaters, storage tanks, 
circulating pumps, plumbing fixtures, emergency water storage tank(s), and 
special piping systems such as for deionized water; 
(iv) nonflammable medical gas piping (oxygen, compressed medical air, vacuum 
systems, nitrous oxide), emergency shut-off valves, pressure gages, alarm 
modules, gas outlets; 
(v) drain piping systems (waste and soiled piping systems, laboratory drain 
systems, roof drain systems); 
(vi) fire protection piping systems (sprinkler piping systems, fire standpipe 
systems, water or chemical extinguisher piping system if used);
(vii) piping riser diagrams, equipment schedules, control diagrams or narrative 
description of controls, filters, and location of all duct mounted smoke 
detectors; and 
(viii) laboratory exhaust and safety cabinets. 
(F) Electrical drawings. Electrical drawings shall include:
(i) electrical service entrance with service switches, service feeders to the 
public service feeders, and characteristics of the light and power current 
including transformers and their connections; 
(ii) location of all normal electrical system and essential electrical system 
conduits, wiring, receptacles, light fixtures, switches and equipment which 
require permanent electrical connections, on plans of each building level; 
(iii) light fixtures marked distinctly to indicate connection to critical or 
life safety branch circuits or to normal lighting circuits;
(iv) outlets marked distinctly to indicate connection to critical, life safety 
or normal power circuits; 
(v) telephone and communication, fixed computers, terminals, connections, 
outlets, and equipment; 
(vi) nurses calling system showing all stations, signals, and annunciators on 
the plans; 
(vii) in addition to electrical plans, single line diagrams prepared for: 
(I) complete electrical system consisting of the normal electrical system and 
the essential electrical system including the on-site generator(s), transfer 
switch(es), emergency system (life safety branch and critical branch), equipment 
system, panels, subpanels, transformers, conduit, wire sizes, main switchboard, 
power panels, light panels, and equipment for additions to existing buildings, 
proposed new ASCs, and remodeled portions of existing ASCs. Feeder and conduit 
sizes shall be shown with a schedule of feeder breakers or switches; and 
(II) complete nurses calling system with all stations, signals, annunciators, 
etc. with room number noted by each device and indicating the type of system 
(nurses regular calling system, nurses emergency calling system, or staff 
emergency assistance calling system); and 
(III) a single line diagram of the complete fire alarm system showing all 
control panels, signaling and detection devices and the room number where each 
device is located; and 
(viii) schedules of all panels indicating connection to life safety branch, 
critical branch, equipment system or normal system, and connected load at each 
panel. 
(2) Correction of final plan deficiencies. All deficiencies noted in the final 
plan review shall be satisfactorily resolved before approval of project for 
construction will be granted. 
(3) Construction approval. Construction shall not begin until written approval 
by the department is received by the owner of the ASC.
(4) Construction document changes. Any changes to construction documents which 
affect or change the function, design, or designated use of an area shall be 
submitted to the department for approval prior to authorization of the 
modifications. 
(d) Special submittals. 
(1) Designer certified construction documents. In an effort to shorten the plan 
review and approval process, design professionals may submit, at the discretion 
of the department, a set of final construction documents, the department's 
completed checklist of licensing requirements and a certification letter which 
states that the plans and specifications, based on the department's checklist 
comply with the requirements of this chapter. Project certification letter and 
checklist shall be signed by the architect and engineer(s) of record.
(2) Fast-track projects. Submittal of fast-track projects shall be at the 
discretion of the department and shall be submitted in not more than three 
separate packages. Each package shall be approved by the department before 
construction is begun on that package. 
(A) First package. The first package shall include: 
(i) a map showing the location of the proposed site and the adjacent surrounding 
area, at least two miles in radius, which identifies any hazardous and 
undesirable location noted in sec.135.52(a)(3) of this title; 
(ii) preliminary architectural plans and a detailed building site plan showing 
all adjacent streets, site work, underslab mechanical, electrical, and plumbing 
work, and related specifications; and 
(iii) foundation and structural plans. 
(B) Second package. The second package shall include complete architectural 
plans and details with specifications and fire safety plans as described in 
subsection (c)(1)(A) and (B) of this section. 
(C) Third package. The third package shall include complete mechanical, 
electrical, equipment and furnishings, and plumbing plans and specifications, as 
described in subsection (c)(1)(E)-(F) of this section.
(3) Fire sprinkler systems. Fire sprinkler systems, when provided, shall comply 
with the requirements of NFPA 13, "Standard for the Installation of Sprinkler 
Systems," 1996 edition. Fire sprinkler systems shall be designed or reviewed by 
an engineer who is registered by the Texas State Board of Registration for 
Professional Engineers in fire protection specialty or is experienced in 
hydraulic design and fire sprinkler system installation. A short resume shall be 
submitted if registration is not in fire protection specialty. 
(A) Fire sprinkler working plans, complete hydraulic calculations and water 
supply information shall be prepared in accordance with NFPA 13, sec.sec.6-1, 6-
2 and 6-3, for new fire sprinkler systems, alterations of and additions to 
existing systems. 
(B) Installation certification of changes to an existing system is not required 
when such change involves only the relocation of fewer than 20 heads. 
(C) One set of fire sprinkler working plans (sealed by the engineer), 
calculations and water supply information shall be forwarded to the department 
together with the engineer's certification letter stating that the sprinkler 
system design complies with the requirements of NFPA 13. Certification of the 
fire sprinkler system design shall be submitted prior to system installation.
(e) Construction and inspections. 
(1) Major construction. Construction, of other than minor alterations, shall not 
commence until the final plan review deficiencies have been satisfactorily 
resolved, the appropriate licensing fee has been paid, and the department has 
issued a letter granting approval to begin construction. Such authorization does 
not constitute release from the requirements contained in this chapter. If the 
construction takes place in or near occupied areas of an existing ASC, adequate 
provision shall be made for the safety and comfort of occupants during 
construction. 
(2) Construction commencement notification. The architect of record shall 
provide written notification to the department when construction will commence. 
(3) Completion. Construction shall be completed in compliance with the 
construction documents including all addenda or modifications approved for the 
project. 
(4) Certification of sprinkler system installations. Upon completion of the fire 
sprinkler system installation and any required corrections, written 
certification by the engineer, stating that the fire sprinkler system is 
installed in accordance with NFPA 13 requirements, shall be submitted prior to 
or with the written request for the final construction inspection of the 
project. 
(5) Construction inspections. The department shall determine the number of 
required inspections necessary to complete all proposed construction projects. 
Normally, a minimum of two construction inspections of the project shall be 
scheduled for the purpose of verifying compliance with requirements contained in 
sec.135.51 of this title (relating to Construction Requirements for an Existing 
Ambulatory Surgical Centers) and sec.135.52 of this title and the approved plans 
and specifications. 
(A) Intermediate and final inspections shall be requested only by the architect 
of record or the licensee by the submission of an "Application for Construction 
Inspection" form supplied by the department. The department must receive such 
request for inspections at least three weeks prior to the requested inspection 
date. To save time, these inspection request forms may be faxed to the 
department. Inspection requests by contractors will not be honored. 
(i) The intermediate construction inspection shall be requested at approximately 
80% completion. All major work above the ceiling shall be essentially completed 
at the time of the intermediate inspection but ceilings should not yet be 
installed. 
(ii) The final construction inspection shall be requested by the architect of 
record or the licensee at 100% completion. One-hundred percent completion means 
that the project is completed to the extent that all equipment is operating in 
accordance with specifications, all necessary furnishings are in place, and 
patients could be admitted and treated in all areas of the project. Requests for 
final inspections shall follow the same procedure as noted above for the 80% 
intermediate inspection. 
(B) During the final construction inspection by the department, the inspector 
will determine if the project can be approved for patient occupancy. If the 
inspector finds that it cannot be approved for occupancy, the facility will have 
to schedule another final inspection after corrections are made. If the 
inspector finds only a few minor deficiencies which do not jeopardize patient 
health, safety and welfare, the inspector may approve the project for occupancy 
based on an acceptable written "Plan of Correction" signed by the licensee. 
Depending on the number and nature of the deficiencies cited in a "Plan of 
Correction," the inspector may require that a "follow-up" reinspection be 
conducted to confirm correction of all deficiencies cited. 
(6) Approval for occupancy. Patients shall not occupy a new structure or a 
remodeled or renovated space until the appropriate approval has been received 
from the local building and fire authorities and until all required 
documentation has been received by the department. 
(7) Resubmittal of construction documents. When construction is delayed for 
longer than one year from the plan approval date, construction documents shall 
be resubmitted to the department for review and approval. The plans shall be 
accompanied by a new Application for Plan Review. 
(8) Project cancellation. The licensee or the owner shall notify the department 
in writing when a project has been canceled or abandoned.

sec.135.54. Tables. 
(a) Table 1. Ventilation and Pressure Relationship Requirements.
Figure: 25 TAC, sec.135.54(a) 
(b) Table 2. Filter Efficiencies for Ventilation and Air-Conditioning Systems. 
Figure: 25 TAC, sec.135.54(b) 
(c) Table 3. Station Outlets for Oxygen, Vacuum (Suction), and Medical Air 
Systems. 
Figure: 25 TAC, sec.135.54(c) 
(d) Table 4. Flame Spread and Smoke Production Limitations for Interior 
Finishes. 
Figure: 25 TAC, sec.135.54(d)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 1998.
TRD-9810027
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: August 31, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER D. New Construction Requirements for Ambulatory Surgical Centers
25 TAC sec.sec.135.61-135.67
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Health or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Ambulatory Surgical Center Licensing Act, 
Health and Safety Code, Chapter 243, which provides the Board of Health (board) 
with the authority to adopt rules governing the licensing and regulation of 
ASCs; and sec.12.001, which provides the board with the authority to adopt rules 
to implement every duty imposed by law on the board, the department, and the 
commissioner of health. 
The repeal affects the Health and Safety Code, Chapter 243. 
sec.135.61. Application of Standards. 
sec.135.62. Submittal Requirements. 
sec.135.63. Site Requirements. 
sec.135.64. Design Requirements. 
sec.135.65. Mechanical Requirements. 
sec.135.66. Electrical Requirements. 
sec.135.67. Tables.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 1998.
TRD-9810026
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: August 31, 1998
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission
CHAPTER 33.Consolidated Permit Processing
The Texas Natural Resource Conservation Commission (commission) proposes new 
sec.sec.33.1, 33.3, 33.11, 33.13, 33.15, 33.17, 33.19, 33.21, 33.23, 33.25, 
33.27, 33.29, 33.31, 33.41, 33.43, 33.45, 33.47, 33.49, and 33.51, concerning 
consolidated permit processing. This action is part of the commission's 
implementation of House Bill (HB) 1228, 75th Legislature, 1997, which granted 
the commission authority to conduct consolidated permit processing and issue 
consolidated permits. 
In addition, the commission is concurrently proposing conforming amendments and 
other changes to 30 TAC Chapter 39, concerning Public Notice. These amendments 
are published in this edition of the Texas Register
EXPLANATION OF PROPOSED RULES 
HB 1228 created a new Texas Water Code (TWC), Chapter 5, Subchapter J. The new 
statute creates a process for an applicant to request consolidated permit 
processing and the issuance of a consolidated permit. Federal operating permits 
are prohibited from consolidation. The statute establishes a voluntary program 
by which a plant, facility, or site can request consolidated permit processing. 
It provides for designation of a lead permitting program for coordination of 
application reviews, a consolidated permit hearing on all permits requested by 
the applicant, and issuance of one consolidated permit. It also allows the 
applicant to opt-out of the process before public notice of the opportunity to 
request a hearing and request separate processing either before or after 
referral to the State Office of Administrative Hearings, depending on certain, 
specified circumstances. 
The statute provides that the renewal period for a consolidated permit is the 
shortest term set by any state or federal statute or rule governing one or more 
of the authorizations in the consolidated permit. It also clarifies the 
commission's authority to modify, amend, or renew existing permits containing 
authority from more than one permit program (including so-called "one-stop" 
permits). 
The statute requires the fee for a consolidated permit to be computed as if the 
permits that are consolidated had been processed separately. However, TWC, 
sec.5.405, authorizes the commission to reduce the fee by rule for a 
consolidated permit if processing results in savings to the agency. 
Finally, TWC, sec.5.406, as added by HB 1228, allows the commission to adopt 
rules to implement the program, including rules that provide for consolidated 
notice and procedures for issuing such permits. 
The proposed rules are necessary for the implementation of the statute. They 
provide general procedural requirements governing consolidated processing of 
permit applications and the issuance of consolidated permits. The rules do not 
impact the voluntary nature of the program established by TWC, Chapter 5, 
Subchapter J. Applicants will retain the flexibility to determine if 
consolidated permitting would be consistent with their needs and processes. 
The proposed rules also do not represent a fundamental change to the 
commission's permitting processes. Due to the limited and voluntary nature of 
TWC, Chapter 5, Subchapter J, as well as other statutory limitations, such as 
permit and notice requirements under federal programs for which the commission 
is seeking authorization, implementation of this statute will be conducted under 
current commission rules and processes. Consequently, the proposed rules cover 
only those areas where the commission believes rules are necessary, such as 
clarifying notice requirements. Other details relating to implementation, such 
as the role of the designated lead coordinating office, will be addressed in 
guidance rather than by rule. This draft guidance document is available for 
review and input and may be obtained by contacting the agency at the number 
listed in the "SUBMITTAL OF COMMENTS" portion of this preamble. 
Proposed new sec.33.1, concerning Purpose and Applicability, provides that the 
purpose of the proposed chapter is to implement the commission's authority under 
TWC, Chapter 5, Subchapter J. The section also sets forth the chapter's 
applicability. The rules would apply to plants, facilities, or sites required to 
have more than one permit issued by the commission. This language is identical 
to the statutory language, and the commission declines to define the terms in 
order to maintain as much flexibility, and allow as much participation, as 
possible. Under this approach, any entity that has to obtain more than one 
authorization can take part in the program. The proposed section also states 
that federal operating permits may not be consolidated. The proposed section 
implements TWC, sec.5.401. 
Proposed new sec.33.3, concerning Definitions, defines consolidated permit as a 
permit issued under TWC, Chapter 5, Subchapter J, and that contains 
authorizations for activities in more than one program. The new section also 
provides a definition for component authorization, which describes an 
authorization within a consolidated permit. These definitions are necessary for 
program implementation. 
Proposed Subchapter B provides general provisions concerning consolidated permit 
processing and the issuance of consolidated permits. The subchapter includes 
provisions concerning renewals and changes to permits, as well as fee 
requirements. The general provisions are necessary to clarify that consolidated 
permit processing will be conducted, and consolidated permits will be issued, 
under current commission statutory authority and rules, unless otherwise 
provided by TWC, Chapter 5, Subchapter J. 
Proposed new sec.33.11, concerning Issuance of Consolidated Permit, requires the 
commission to conduct coordinated application reviews if requested by an 
applicant. It also requires the commission to issue a consolidated permit if 
that is requested by an applicant. The proposed section implements TWC, 
sec.5.401. 
Proposed new sec.33.13, concerning Applications for Consolidated Permits, 
requires applicants to use existing applications required under current 
commission rules. 
Proposed new sec.33.15, concerning Fees for Consolidated Permit Processing, 
provides that the fee for a consolidated permit will be equal to the sum of the 
fees normally required if the applications were processed separately. In 
addition, the section allows the executive director to reduce the fee if there 
are savings to the agency. The proposed new section implements TWC, sec.5.405. 
Proposed new sec.33.17, concerning Public Notice, provides that all notice 
requirements applicable to each separate authorization being requested must be 
satisfied. The section also clarifies that if an applicant is required under 
commission rules to mail notice for any part of a consolidated public notice, 
then the applicant must fulfill all mailed notice requirements. This 
clarification is necessary to avoid any duplication of notice mailed to 
interested entities. Rules concerning notice are authorized by TWC, sec.5.406. 
Proposed new sec.33.19, concerning Renewal of Consolidated Permits, provides 
that the renewal period for a consolidated permit is the shortest term for one 
or more of the authorizations sought in the consolidated permit. The section 
also provides for the separation of a consolidated permit at renewal if 
requested by an applicant. The proposed section requires renewal applications to 
be filed in a timely fashion. If they are not, the consolidated permit would 
expire in its entirety. Finally, the section provides that a component 
authorization that has been separated from a consolidated permit may be renewed 
for the full term provided by applicable law governing that authorization. The 
section includes provisions necessary to implement TWC, sec.5.403 and sec.5.404, 
as well as provisions necessary for program implementation. 
Proposed new sec.33.21, concerning Amendment of a Consolidated Permit, and 
proposed new sec.33.23, concerning Transfer of a Consolidated Permit, provide 
requirements for amendments to, or transfers of, consolidated permits. Both 
sections provide that a consolidated permit can remain consolidated, or be 
separated at the request of the applicant, for purposes of processing amendments 
or transfers. In addition, the sections provide for the terms of any component 
authorizations that are separated at the request of the applicant. Both sections 
also provide that current commission rules apply to actions taken under the 
sections. 
Proposed new sec.33.25, concerning Correction of a Consolidated Permit, provides 
that any corrections to consolidated permits will be conducted under 30 TAC 
sec.50.45, concerning Corrections to Permits. 
Proposed new sec.33.27, concerning Consolidated Permit Denial, Suspension, and 
Revocation, provides that all denials, suspensions, and revocations will be 
administered under existing commission rules. 
Proposed new sec.33.29, concerning Modification of a Consolidated Permit, 
provides that a modification of a consolidated permit, or any constituent part 
of that permit, will be administered under existing commission rules. In 
addition, any component authorization separated for purposes of modification 
will retain the term of the consolidated permit. 
Proposed new sec.33.31, concerning Emergency or Temporary Orders, provides that 
the issuance of an emergency order or a temporary order will be administered 
under 30 TAC Chapter 35. The commission is proposing this new Chapter 35 in this 
edition of the Texas Register . 
Proposed new Subchapter C, concerning Consolidated Permit Processing, sets forth 
procedural requirements for processing consolidated applications and issuing 
consolidated permits. 
Proposed new sec.33.41, concerning Pre-submittal Conference, provides for a 
preliminary meeting between an applicant considering consolidated permitting and 
commission staff to discuss the consolidated permit process and various options 
that are available to applicants. The conference is not mandatory; however, the 
commission recommends it to help potential applicants determine if participation 
in this voluntary program would suit their needs and requirements. The 
conference would cover a variety of topics, identify important issues, and 
assist a potential applicant with the decision of whether to participate in the 
consolidated permitting process. 
Proposed new sec.33.43, concerning Intent to File Applications for Consolidated 
Permit Processing and a Consolidated Permit, provides procedures for filing 
applications for consolidated processing with the commission. The section 
requires a letter of intent and prescribes its minimum contents. The section 
also contains the requirement that applications be filed within a 30-day time 
period, as required by TWC, sec.5.401. The section also provides that 
applications will not be processed until all have been received, and provides 
for the return of an incomplete set of applications by the executive director. 
These procedural requirements are necessary for processing and issuing 
consolidated permits. Proposed new sec.33.45, concerning Separation by Executive 
Director, provides for separate processing of consolidated applications at the 
direction of the executive director. The executive director may require separate 
processing if an applicant has submitted an incomplete application or failed to 
respond as requested to any notices of deficiency. The section implements TWC, 
sec.5.401. Proposed new sec.33.47, concerning Request for Separate Processing 
Before Public Notice of Opportunity to Request a Hearing, authorizes an 
applicant to request separation of applications before public notification of 
the opportunity to request a hearing. The section provides that these requests 
must be filed with the executive director. The section implements TWC, 
sec.5.402(a).
Proposed new sec.33.49, concerning Separate Processing After Notice of 
Opportunity to Request a Hearing and Before Referral to SOAH, authorizes the 
executive director to separate applications after notice is issued but before 
referral to SOAH, if an applicant demonstrates good cause. Good cause is defined 
by TWC, sec.5.402(b) and the proposed rule as a change in a statutory 
requirement, or a substantial change in factual conditions surrounding the 
applications. The section also prescribes requirements concerning the request 
for separation that are necessary for implementation, and the disposition of any 
hearing requests that were received on the consolidated applications. Finally, 
the section provides for renotification of the separate applications in 
accordance with commission public notice rules. 
Proposed new sec.33.51, concerning Separate Processing After Referral to SOAH, 
authorizes an applicant to have applications processed separately after the 
consolidated applications have been referred to SOAH. The applicant must comply 
with commission rules relating to the withdrawal of an application. This section 
implements TWC, sec.5.402(c). 
FISCAL NOTE 
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections as proposed are in effect, 
there will be fiscal implications as a result of administration or enforcement 
of the sections. The effect on state government will be a minor reduction in 
cost associated with the consolidation of separate permitting processes, 
particularly public hearings. Some costs may be incurred in the initial 
development of new procedures for consolidated permits, but these costs are not 
anticipated to outweigh anticipated savings. No significant effects are 
anticipated for local governments, except some local governments may elect to 
acquire consolidated permits for regulated activities and would be similarly 
affected as any other party. 
PUBLIC BENEFIT 
Mr. Minick has also determined that, for the first five years the sections as 
proposed are in effect, the public benefit anticipated as a result of 
enforcement of and compliance with the sections will be improvement in and 
simplification of the process of issuing permits under different program 
requirements, more cost-effective management of permitted activities, and 
enhanced opportunities for public participation in the permitting process. 
Generally, costs to affected parties are not anticipated to increase and could, 
in fact, decrease as a result of the proposed rules. Participation in a 
consolidated permit process is voluntary and there are no economic costs 
anticipated to any person, including small business, required to comply with the 
sections as proposed. 
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirements of Texas Government Code, sec.2001.0225, and has 
determined that it is not subject to sec.2001.0225 because it does not meet the 
definition of a "major environmental rule" as defined in that statute, and it 
does not meet any of the four applicability requirements listed in 
sec.2001.0225(a). The rule is not a major environmental rule because it 
prescribes limited procedural requirements governing a voluntary program. In 
addition, this action is expressly authorized by state statute, TWC, Chapter 5, 
Subchapter J. 
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for these rules under 
Texas Government Code, sec.2007.043. The following is a summary of that 
assessment. The specific purpose of these rules is to implement the statutory 
provisions of TWC, Chapter 5, Subchapter J, concerning consolidated permit 
processing. The rules will substantially advance this purpose by providing 
specific provisions on these matters. Promulgation and enforcement of these 
rules will not burden private real property which is the subject of the rules 
because they concern commission procedural rules. 
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW 
The commission has reviewed the proposed rulemaking and found that the proposal 
is a rulemaking identified in the Coastal Coordination Implementation Rules, 31 
TAC sec.505.11, or will affect an action/authorization identified in the Coastal 
Coordination Act Implementation Rules, 31 TAC sec.505.11, and will, therefore, 
require that applicable goals and policies of the Coastal Management Program 
(CMP) be considered during the rulemaking process. 
The commission has prepared a consistency determination for the proposed rules 
under 31 TAC sec.505.22, and found that the proposed rules are consistent with 
the applicable CMP goals and policies. The following is a summary of that 
determination. The CMP goal applicable to the proposed rules is the goal to 
protect, preserve, restore, and enhance the diversity, quality, quantity, 
functions, and values of coastal natural resource areas. CMP policies applicable 
to the proposed rules include the administrative policies and the policies for 
specific activities related to: construction and operation or solid waste 
treatment, storage, and disposal facilities; and discharge of municipal and 
industrial wastewater to coastal areas. Promulgation and enforcement of these 
proposed rules is consistent with the applicable CMP goals and policies because 
the proposed rules have no impact on existing commission rules concerning 
affected activities. They establish a voluntary program that will utilize 
already existing commission rules and practices to the maximum extent required. 
Promulgation and enforcement of these rules will not violate or exceed any 
standards identified in the applicable CMP goals and policies because they will 
have no impact on existing commission rules concerning affected activities. The 
commission invites public comment on the consistency of the proposed rules with 
the CMP. 
PUBLIC HEARING
A public hearing on this proposal will be held August 17, 1998, at 10:00 a.m. in 
Room 2210 of Texas Natural Resource Conservation Commission (TNRCC) Building F, 
located at 12100 Park 35 Circle, Austin. The hearing is structured for the 
receipt of oral or written comments by interested persons. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion will not occur during the hearing; however, an agency staff member 
will be available to discuss the proposal 30 minutes prior to the hearing and 
will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, TNRCC Office of Policy and Regulatory 
Development, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 
239-4808. All comments should reference Rule Log Number 97170-033-AD. Comments 
must be received by 5:00 p.m., August 17, 1998. For further information, please 
contact Brian Christian, Policy Research Division, (512) 239-1760. Persons with 
disabilities who have special communication or other accommodation needs who are 
planning to attend the hearings should contact the agency at (512) 239-4900. 
Requests should be made as far in advance as possible.

SUBCHAPTER A.Purpose and Applicability
30 TAC sec.33.1, sec.33.3
STATUTORY AUTHORITY 
The new sections are proposed under TWC, sec.5.401 et.seq., which establishes 
the commission's authority concerning consolidated permit processing. Other 
relevant sections under which the commission takes this action include: 
sec.5.103, which establishes the commission's general authority to adopt rules; 
and sec.5.105, which establishes the commission's authority to set policy by 
rule. This action is also taken under Texas Health and Safety Code, sec.382.017, 
which establishes the commission's rulemaking authority. 
The proposed new sections implement TWC, 5.401 et. seq. 

sec.33.1.Purpose and Applicability.
(a) The purpose of this chapter is to implement the commission's authority under 
Texas Water Code, Chapter 5, Subchapter J, to conduct coordinated permit 
processing and issue one consolidated permit. 
(b) This chapter applies to any plant, facility, or site that is required to 
have more than one permit issued by the commission and that files applications 
with the commission under Texas Water Code, Chapter 5, Subchapter J. This 
chapter sets forth the standards and requirements for applications and actions 
concerning consolidated permits and amendments, modifications, renewals, 
transfers, corrections, revocations, and suspensions of those permits.
(c) A federal operating permit governed by the requirements of Texas Health and 
Safety Code, sec.sec.382.054-382.0543, may not be consolidated with other 
permits under this chapter. 

sec.33.3.Definitions.
The following terms, when used in this chapter, have the following meanings, 
unless the context clearly indicates otherwise. 
(1) Consolidated permit - A permit issued under Texas Water Code, Chapter 5, 
Subchapter J, and this chapter, and that contains authorizations for activities 
in more than one program. 
(2) Component authorization - An authorization within a consolidated permit that 
would normally be issued as an individual authorization under the requirements 
of applicable law governing operations at a facility, plant, or site. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810523
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: November 4, 1998
For further information, please call: (512) 239-1966

SUBCHAPTER B.General Provisions
30 TAC sec.sec.33.11, 33.13, 33.15, 33.17, 33.19, 33.21, 33.23, 33.25, 33.27, 
33.29, 33.31
STATUTORY AUTHORITY
The new sections are proposed under Texas Water Code, sec.5.401 et.seq., which 
establishes the commission's authority concerning consolidated permit 
processing. Other relevant sections under which the commission takes this action 
include: sec.5.103, which establishes the commission's general authority to 
adopt rules; and sec.5.105, which establishes the commission's authority to set 
policy by rule. This action is also taken under Texas Health and Safety Code, 
sec.382.017, which establishes the commission's rulemaking authority. The 
proposed new sections implement Texas Water Code, sec.5.401 et.seq. 

sec.33.11.Issuance of Consolidated Permit.
(a) If a plant, facility, or site is required to have more than one permit 
issued by the commission, and the applications for all permits are filed within 
a 30-day period, the commission, on request of the applicant, shall conduct 
coordinated application reviews and one hearing on all permits requested to be 
consolidated by the applicant. The commission may issue one consolidated permit.
(b) The commission shall issue one consolidated permit upon request of an 
applicant meeting the requirements of this chapter. 

sec.33.13.Applications for Consolidated Permits.
An applicant shall use existing applications required under commission rules for 
all of the authorizations sought in the consolidated permit. 

sec.33.15.Fees for Consolidated Permit Processing.
A fee for a consolidated permit shall be equal to the sum of the fees that would 
be required if each application for a requested authorization was processed 
separately. The executive director may reduce the fee for a consolidated permit 
if he finds that consolidated processing of an application will result in 
savings to the agency. 

sec.33.17.Public Notice.
(a) As provided by Chapter 39, Subchapter G of this title (relating to Public 
Notice for Applications for Consolidated Permits), all notice requirements that 
apply to each separate authorization must be satisfied when an applicant 
requests combined public notices of consolidated permits.
(b) If an applicant is required to mail notice under Chapter 39 of this title 
(relating to Public Notice), Chapter 305 of this title (relating to Consolidated 
Permits), or Chapter 335 of this title (relating to Industrial Solid Waste and 
Municipal Hazardous Waste), for any part of a consolidated public notice, the 
applicant shall fulfill those mailed notice requirements. 

sec.33.19.Renewal of Consolidated Permits.
(a) The renewal period for a consolidated permit is the shortest term set by any 
state or federal statute or rule governing one or more of the authorizations in 
the consolidated permit. 
(b) A consolidated permit may be renewed as a consolidated permit; or may be 
separated at the request of the applicant and the applications processed 
separately. Consolidated permits shall be subject to the renewal requirements of 
applicable laws and commission rules governing operations at the facility, 
plant, or site. 
(c) A permit issued before and effective on September 1, 1997, that authorizes 
more than one permit program, may be renewed as a consolidated permit, or, upon 
request of the applicant, may be separated by programs and the permits processed 
separately. 
(d) An applicant shall submit permit renewal applications in a timely fashion, 
as required in commission rules. Failure to submit permit renewal applications 
in a timely fashion shall cause a consolidated permit to expire in its entirety. 
(e) If a component authorization has been separated from a consolidated permit 
when amended, transferred, or modified, as provided by this chapter, it may be 
renewed for the full term provided by applicable law governing that 
authorization. 

sec.33.21.Amendment of a Consolidated Permit.
(a) A consolidated permit may be amended as a consolidated permit or, upon 
request of an applicant, separated by program and the permits processed 
separately. A component authorization that is separated from a consolidated 
permit for amendment shall retain the same term as the consolidated permit, 
unless the applicant requests a change in the term as part of a major amendment. 
(b) A consolidated permit shall be amended under all applicable commission rules 
concerning amendments for the programs in the consolidated permit. 

sec.33.23.Transfer of a Consolidated Permit.
(a) A consolidated permit may be transferred as a consolidated permit or, upon 
request of the applicant, separated for the purposes of transferring 
authorizations. A component authorization that is separated from a consolidated 
permit for transfer shall retain the same term as the consolidated permit.
(b) A consolidated permit, or any of its component authorizations, shall be 
transferred under all applicable transfer rules required for the programs in the 
consolidated permit. 

sec.33.25.Correction of a Consolidated Permit.
A consolidated permit, or a component authorization part of that permit, shall 
be corrected under sec.50.45 of this title (relating to Corrections to Permits). 

sec.33.27.Consolidated Permit Denial, Suspension, and Revocation.
A consolidated permit, or any component authorization of that permit, shall be 
denied, suspended, or revoked under all applicable rules required for the 
programs in the consolidated permit. 

sec.33.29.Modification of a Consolidated Permit.
A consolidated permit, or any component authorization of that permit, shall be 
modified under all applicable rules required for the programs in the 
consolidated permit. A component authorization that is separated from a 
consolidated permit for modification shall retain the same term as the 
consolidated permit. 

sec.33.31.Emergency or Temporary Orders.
An emergency or temporary order concerning a consolidated permit shall be issued 
under Chapter 35 of this title (relating to Emergency and Temporary Orders and 
Permits; Temporary Suspension or Amendment of Permit Conditions). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810524
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: November 4, 1998
For further information, please call: (512) 239-1966

SUBCHAPTER C.Consolidated Permit Processing
30 TAC sec.sec.33.41, 33.43, 33.45, 33.47, 33.49, 33.51
STATUTORY AUTHORITY
The new sections are proposed under Texas Water Code, sec.5.401 et.seq., which 
establishes the commission's authority concerning consolidated permit 
processing. Other relevant sections under which the commission takes this action 
include: sec.5.103, which establishes the commission's general authority to 
adopt rules; and sec.5.105, which establishes the commission's authority to set 
policy by rule. This action is also taken under Texas Health and Safety Code, 
sec.382.017, which establishes the commission's rulemaking authority.
The proposed new sections implement Texas Water Code, sec.5.401 et.seq. 

sec.33.41.Pre-submittal Conference.
An applicant considering the submission of applications for coordinated reviews 
and one hearing, or for a consolidated permit, may request a pre-submittal 
conference to determine, at a minimum, the types of permits to be consolidated, 
timelines for the submission of applications, and notice and hearing 
requirements. A request for a pre-submittal conference may be made to the 
executive director.

sec.33.43.Intent to File Applications for Consolidated Permit Processing and a 
Consolidated Permit.
(a) An applicant shall notify the commission of the intent to request 
consolidated permit processing or a consolidated permit by submitting a letter 
of intent to the executive director. The letter of intent must contain at least 
the following: 
(1) the applicant's name; 
(2) the applicant's address; 
(3) the location of the facility; 
(4) the number and types of authorizations to be consolidated; 
(5) the types of notices the applicant wishes to combine; and 
(6) the beginning and ending date of the time period, not to exceed 30 days, 
during which the applicant will submit all applications intended for 
consolidation. 
(b) All applications received by the executive director will be held and not 
processed until the ending date identified by the applicant under subsection 
(a)(6) of this section. This does not exempt the applicant from the timely 
submittal of permit renewal applications as required in Chapter 305, Subchapter 
D of this title (relating to Amendments, Renewals, Transfers, Corrections, 
Revocation, and Suspension of Permits), or Chapter 336 of this title (relating 
to Radiation Rules). All applications received by that date are deemed as 
officially received on that date by the executive director for the purpose of 
processing the applications. 
(c) If an applicant has not submitted all of the applications by the deadline 
specified in subsection (a)(6) of this section, the executive director shall 
return all of the applications to the applicant unless the applicant has amended 
its letter of intent. The letter of intent may be amended by submitting a 
revised letter of intent to the executive director. Renewal applications will 
not be returned, but shall be processed separately. 

sec.33.45.Separation by Executive Director.
(a) The executive director may require separate processing of consolidated 
applications, or may return one or more applications, if the executive director 
determines: 
(1) that the applicant has submitted an incomplete application; or 
(2) if the applicant does not respond as requested to notices of deficiency. 
(b) The executive director shall notify the applicant of any decision concerning 
applications under this section. This notice shall include the reasons for the 
executive director's decision on the applications. 

sec.33.47.Request for Separate Processing Before Public Notice of Opportunity to 
Request a Hearing.
(a) An applicant may request that consolidated applications be processed 
separately at any time before mailing or publishing any public notice of the 
opportunity to request a hearing. 
(b) Requests shall be filed with the executive director in a timely fashion and 
include at least the applicant's name and a list of the applications to be 
separated. 

sec.33.49.Separate Processing After Notice of Opportunity to Request a Hearing 
and Before Referral to SOAH.
(a) The executive director may separate the applications for processing at any 
time after the issuance of any notice of opportunity to request a hearing, but 
before referral of the matter to SOAH, upon demonstration of good cause by the 
applicant. For purposes of this section, good cause includes, but is not limited 
to: 
(1) a change in the statutory or regulatory requirements governing a permit; or 
(2) a substantial change in the factual circumstances surrounding the 
applications for permits. 
(b) An applicant shall file the request for separate processing with the 
executive director and provide copies to affected program offices. The request 
shall include the following: 
(1) the applicant's name; 
(2) a list of the applications to be separated; and 
(3) the demonstration of good cause. 
(c) Upon determination by the executive director that there is good cause for 
the separate processing of permit applications, the chief clerk shall notify 
anyone who submitted comment or a hearing request on any combined notice of the 
executive director's decision. The applicant shall re-notice the separate 
applications in accordance with applicable commission notice requirements. 
(d) Any hearing requests received on the consolidated applications before the 
applicant requested separate processing shall be held by the chief clerk. The 
chief clerk shall process those requests along with all additional comments and 
hearing requests received for each of the separate applications after those 
applications are renoticed under subsection (c) of this section.

sec.33.51.Separate Processing After Referral to SOAH.
An applicant may have applications processed separately after an application has 
been referred to SOAH. An applicant shall show compliance with sec.80.25 of this 
title (relating to Withdrawing the Application) in order to have the 
applications processed separately. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810525
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: November 4, 1998
For further information, please call: (512) 239-1966

CHAPTER 39.Public Notice
The Texas Natural Resource Conservation Commission (commission) proposes 
amendments to sec.sec.39.1, 39.5, and 39.251, concerning public notice, and new 
sec.39.401, concerning public notice for applications for consolidated permits. 
This action is part of the commission's implementation of House Bill (HB) 1228, 
75th Legislature, 1997, which granted the commission authority to conduct 
consolidated permit processing and issue consolidated permits. It also includes 
minor corrections and clarifications to preexisting rules.
In addition, the commission is concurrently proposing a new 30 TAC Chapter 33, 
concerning Consolidated Permit Processing. The new chapter is published in this 
edition of the Texas Register.
EXPLANATION OF PROPOSED RULES 
HB 1228 created a new Texas Water Code (TWC), Chapter 5, Subchapter J. The new 
statute creates a process for an applicant to request consolidated permit 
processing and the issuance of a consolidated permit. Federal operating permits 
are prohibited from consolidation. The statute establishes a voluntary program 
by which a plant, facility, or site can request consolidated permit processing. 
It provides for designation of a lead permitting program for coordination of 
application reviews, a consolidated permit hearing on all permits requested by 
the applicant, and issuance of one consolidated permit. It also allows the 
commission to adopt rules to implement the program, including rules that provide 
for consolidated notice and procedures for issuing such permits.
These proposed rules are necessary to implement the notice provisions of the 
statute and do not represent a fundamental change to the commission's notice 
processes. Due to the limited and voluntary nature of TWC, Chapter 5, Subchapter 
J, as well as other statutory limitations, such as permit and notice 
requirements under federal programs for which the commission is seeking 
authorization, implementation of HB 1228 will be conducted under current 
commission rules and processes. 
The proposed rules also include corrections to certain provisions in Chapter 39. 
These are proposed for clarification purposes. 
The proposed amendment to sec.39.1, concerning Applicability, provides that 
Chapter 39 applies to applications for consolidated permit processing.
The proposed amendment to sec.39.5, concerning General Provisions, removes 
redundant language concerning the publication of newspaper notice. This change 
is nonsubstantive, and its intent is to correct a mistake in the existing rule. 
The proposed amendment to sec.39.251, concerning Application for Injection Well 
Permit, clarifies that the rules apply to both existing and proposed facilities. 
Proposed new sec.39.401, concerning Public Notice for Applications for 
Consolidated Permits, provides that combined notices for applications 
consolidated under Texas Water Code, Chapter 5, Subchapter J, and Chapter 33, 
will be given only when requested by an applicant and when the combined notice 
satisfies all statutory and regulatory requirements applicable if each 
application had been processed separately. This provision clarifies that all 
applicable notice requirements must be met when an applicant requests 
consolidated permit processing. The commission notes that combined notices are 
not mandatory, and that an applicant retains the ability to do separate notices 
if it prefers. 
FISCAL NOTE
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections as proposed are in effect, 
there will be fiscal implications as a result of administration or enforcement 
of the sections. The effect on state government will be a minor reduction in 
cost associated with the consolidation of separate permitting processes, 
particularly public hearings. Some costs may be incurred in the initial 
development of new procedures for consolidated permits, but these costs are not 
anticipated to outweigh anticipated savings. No significant effects are 
anticipated for local governments, except some local governments may elect to 
acquire consolidated permits for regulated activities and would be similarly 
affected as any other party. 
PUBLIC BENEFIT 
Mr. Minick has also determined that, for the first five years the sections as 
proposed are in effect, the public benefit anticipated as a result of 
enforcement of and compliance with the sections will be improvement in and 
simplification of the process of issuing permits under different program 
requirements, more cost-effective management of permitted activities, and 
enhanced opportunities for public participation in the permitting process. 
Generally, costs to affected parties are not anticipated to increase and could, 
in fact, decrease as a result of the proposed rules. Participation in a 
consolidated permit process is voluntary and there are no economic costs 
anticipated to any person, including small business, required to comply with the 
sections as proposed. 
DRAFT REGULATORY IMPACT ANALYSIS 
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirements of Texas Government Code, sec.2001.0225, and has 
determined that the rulemaking is not subject to sec.2001.0225 because it does 
not meet the definition of a "major environmental rule" as defined in that 
statute, and it does not meet any of the four applicability requirements listed 
in sec.2001.0225(a). The rule is not a major environmental rule because it 
prescribes limited procedural requirements governing a voluntary program, and it 
provides for minor clarifications to existing rules. In addition, the provisions 
concerning notice for consolidated permits are expressly authorized by state 
statute, TWC, Chapter 5, Subchapter J. 
TAKINGS IMPACT ASSESSMENT 
The commission has prepared a takings impact assessment for these rules under 
Texas Government Code, sec.2007.043. The following is a summary of that 
assessment. The specific purpose of these rules is to implement the statutory 
provisions of TWC, Chapter 5, Subchapter J, concerning consolidated permit 
processing, and to make necessary clarifications to existing rules. The rules 
will substantially advance this purpose by providing specific provisions on 
these matters. Promulgation and enforcement of these rules will not burden 
private real property which is the subject of the rules because they concern 
commission procedural rules. 
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the proposed rulemaking and found that the rules are 
neither identified in Coastal Coordination Act Implementation Rules, 31 TAC 
sec.505.11, relating to Actions and Rules Subject to the Coastal Management 
Program (CMP), nor will they affect any action/authorization identified in 
Coastal Coordination Act Implementation Rules, 31 TAC sec.505.11. These rules 
concern procedural requirements of the agency relating to public notice. 
Therefore, the proposed rules are not subject to the CMP. 
PUBLIC HEARING 
A public hearing on this proposal will be held August 17, 1998, at 10:00 a.m. in 
Room 2210 of Texas Natural Resource Conservation Commission (TNRCC) Building F, 
located at 12100 Park 35 Circle, Austin. The hearing is structured for the 
receipt of oral or written comments by interested persons. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion will not occur during the hearing; however, an agency staff member 
will be available to discuss the proposal 30 minutes prior to the hearing and 
will answer questions before and after the hearing. 
SUBMITTAL OF COMMENTS 
Comments may be submitted to Lisa Martin, TNRCC Office of Policy and Regulatory 
Development, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 
239-4808. All comments should reference Rule Log Number 97170-033-AD. Comments 
must be received by 5:00 p.m., August 17, 1998. For further information, please 
contact Brian Christian, Policy Research Division, (512) 239-1760.
Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearings should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible.

SUBCHAPTER A.Applicability and General Provisions
30 TAC sec.39.1, sec.39.5
STATUTORY AUTHORITY 
The amendments are proposed under the following sections of the TWC: sec.5.103, 
which establishes the commission's general authority to adopt rules; sec.5.105, 
which establishes the commission's authority to set policy by rule; and 
sec.5.401 et.seq., which establishes the commission's authority concerning 
consolidated permit processing. This action is also taken under Texas Health and 
Safety Code, sec.382.017, which establishes the commission's rulemaking 
authority.
The proposed amendments implement TWC, sec.sec.5.103, 5.105, and 27.019, and 
Texas Health and Safety Code, sec.sec.361.011, 361.017, 361.024, and 382.017. 

sec.39.1.Applicability.
This chapter applies to:
(1)-(7) (No change.) 
<nl>(8)<ol> <p<nl> applications for consolidated permit processing and 
consolidated permits processed under Texas Water Code, Chapter 5, Subchapter J, 
and Chapter 33 of this title (relating to Consolidated Permit Processing).

sec.39.5.General Provisions.
(a)-(f) (No change.) 
(g) When this chapter requires notice to be published according to this 
subsection, the applicant shall publish notice in a newspaper of the largest 
general circulation that is published in the county in which the facility is 
located or proposed to be located. If a newspaper is not published in the 
county, the notice must be published in a newspaper of general circulation in 
the county in which the facility is located or proposed to be located. If a 
newspaper is not published in the county, and the application concerns an 
application for a new or amended municipal solid waste permit, and publication 
of notice of intent, notice of draft permit, or notice of hearing, then the 
applicant shall publish notice in a newspaper of the largest general circulation 
[that is published] in the county in which the facility is located or proposed 
to be located and in a newspaper of circulation in the immediate vicinity in 
which the facility is located or proposed to be located, and such notice may be 
satisfied by one publication if the publishing newspaper meets both circulation 
requirements. This subsection does not apply to applications for radioactive 
material licenses under Chapter 336 of this title. 
(h) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810526
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: November 4, 1998
For further information, please call: (512) 239-1966

SUBCHAPTER E.Public Notice of Other Specific Applications
30 TAC sec.39.251
STATUTORY AUTHORITY 
The amendment is proposed under Texas Water Code, sec.5.103, which establishes 
the commission's general authority to adopt rules; and sec.5.105, which 
establishes the commission's authority to set policy by rule. This action is 
also taken under Texas Health and Safety Code, sec.382.017, which establishes 
the commission's rulemaking authority. 
The proposed amendment implements Texas Water Code, sec.sec.5.103, 5.105, and 
27.019, and Texas Health and Safety Code, sec.sec.361.011, 361.017, 361.024, and 
382.017. 

sec.39.251.Application for Injection Well Permit.
(a)-(c) (No change.) 
(d) Notice of draft permit. 
(1) The applicant shall publish notice at least once in a newspaper of general 
circulation in the county in which the facility is located and in each county 
and area which is adjacent or contiguous to each county in which the [proposed] 
facility is located. 
(2)-(4) (No change.) 
(e)-(f) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810527
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: November 4, 1998
For further information, please call: (512) 239-1966

SUBCHAPTER G.Public Notice for Applications for Consolidated Permits
30 TAC sec.39.401
STATUTORY AUTHORITY 
The new section is proposed under the following sections of the TWC: sec.5.103, 
which establishes the commission's general authority to adopt rules; sec.5.105, 
which establishes the commission's authority to set policy by rule; and 
sec.5.401 et.seq., which establishes the commission's authority concerning 
consolidated permit processing. This action is also taken under Texas Health and 
Safety Code, sec.382.017, which establishes the commission's rulemaking 
authority. The proposed new section implements Texas Water Code, sec.sec.5.103, 
5.105, and 27.019, and Texas Health and Safety Code, sec.sec.361.011, 361.017, 
361.024, and 382.017. 

sec.39.401.Public Notice for Applications for Consolidated Permits.
Combined public notices shall be given for applications consolidated under Texas 
Water Code, Chapter 5, Subchapter J, and Chapter 33 of this title (relating to 
Consolidated Permit Processing) only when: 
(1) combined notice is requested by the applicant; and 
(2) combined notice satisfies all statutory and regulatory requirements that 
would apply if each application had been processed separately, including, 
without limitation, all requirements for notice content, publication, mailing, 
broadcasting, and the posting of signs.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810528
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: November 4, 1998
For further information, please call: (512) 239-1966

CHAPTER 113.Control of Air Pollution From Toxic Materials
The commission proposes amendments to sec.sec.113.100, 113.110, 113.120, 
113.130, 113.140, 113.190, 113.220, 113.230, 113.250, 113.290, 113.360, and 
113.380, and new sec.sec.113.260, 113.350, 113.400, 113.420, and 113.670, 
concerning National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
Source Categories. 
The proposed amendments incorporate changes that the United States Environmental 
Protection Agency (EPA) has made to Maximum Achievable Control Technology (MACT) 
standards by updating the federal promulgation dates cited in the commission 
rules that were previously adopted by reference. Sections 113.100, 113.110, 
113.120, 113.130, 113.140, 113.230, 113.250, and 113.290 were adopted by the 
commission on June 25, 1997. Section 113.190 and sec.113.380 were adopted by the 
commission on October 15, 1997. In addition, the commission proposes to correct 
the federal promulgation dates for sec.113.220 and sec.113.360, which contained 
incorrect dates as adopted. 
The proposed new sections concern requirements that are contained in 40 Code of 
Federal Regulations (CFR) Part 63. The EPA is developing these national 
standards to regulate emissions of hazardous air pollutants under of the Federal 
Clean Air Act (FCAA) Amendments, sec.112. These NESHAPs for source categories 
are technology based standards and commonly referred to as MACT Standards.
EXPLANATION OF PROPOSED RULES The commission proposes to adopt by reference, 
without changes, five of the federal MACT Standards. Under federal law, the 
affected industries will be required to implement these MACT standards 
regardless of whether the commission or the EPA is the agency responsible for 
implementation of the standards. With delegation, the commission will be 
responsible for administration and enforcement of the MACT requirements. 
These five federal rules, each of which will be under their own division of the 
same name, are Group I Polymers and Resins, 40 CFR 63, Subpart U; Offsite Waste 
and Recovery Operations, 40 CFR 63, Subpart DD; Shipbuilding and Ship Repair 
(Surface Coating), 40 CFR 63, Subpart II; Printing and Publishing, 40 CFR 63, 
Subpart KK; and Group IV Polymers and Resins, 40 CFR 63, Subpart JJJ. As other 
MACT standards continue to be promulgated, they will be reviewed for 
compatibility with current state regulations and policies. The commission will 
then incorporate them into Chapter 113 through formal rulemaking procedures. The 
commission will then seek formal delegation from EPA under 40 CFR 63, Subpart E, 
which implements the FCAA Amendments, sec.112(l). 
FISCAL NOTE Stephen Minick, Strategic Planning and Appropriations Division, has 
determined that for the first five-year period these sections as proposed are in 
effect, there will be no significant fiscal implications for state or local 
government as a result of administration or enforcement of the sections. 
Enforcement of these federal standards will result in some increased workload 
for commission staff, particularly in the compliance inspection of affected 
facilities. These increases are not anticipated to significantly increase the 
number of facilities currently inspected and are anticipated to be managed 
within existing budgeted resources and appropriated levels of funds from the 
state Clean Air Fund. 
PUBLIC BENEFIT Mr. Minick has also determined that for each year of the first 
five years the proposed sections are in effect the public benefit anticipated 
from enforcement of and compliance with these sections will be a reduction in 
the emission of hazardous air pollutants, increased consistency between federal 
and state air quality regulations, and more cost effective implementation and 
enforcement of air quality standards. The economic impact of complying with the 
standards as they are promulgated will vary for each standard and for each 
industry subject to the standards; however, no additional economic impact to 
affected owners and operators is anticipated due to the state's adoption of the 
federal requirements or the delegation of enforcement to the state. There are no 
additional anticipated economic costs to persons or small businesses required to 
comply with the sections as proposed. 
DRAFT REGULATORY IMPACT ANALYSIS The commission has reviewed the proposed 
rulemaking in light of the regulatory analysis requirements of Texas Government 
Code, sec.2001.0225, and has determined that the rulemaking is not subject to 
sec.2001.0225 because it does not meet the definition of a "major environmental 
rule" as defined in the Code. This rulemaking does not establish any new 
requirements beyond those already established by federal law. Affected sources 
are required to comply with these federal standards whether or not the 
commission adopts them. 
TAKINGS IMPACT ASSESSMENT The commission has prepared a Takings Impact 
Assessment for this proposal pursuant to Texas Government Code, sec.2007.043. 
The following is a summary of that assessment. The specific purpose of this 
rulemaking is to facilitate implementation and enforcement of the MACT standards 
by the state. This rulemaking will not create any additional burden on private 
real property. Under federal law, the affected industries will be required to 
implement these MACT standards regardless of whether the commission or the EPA 
is the agency responsible for implementation of the standards. 
COASTAL MANAGEMENT PLAN The commission has determined that the proposed 
rulemaking relates to an action or actions subject to the Texas Coastal 
Management Program (CMP) in accordance with the Coastal Coordination Act of 
1991, as amended (Texas Natural Resource Code, sec.33.201 et. seq.), and the 
commission's rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency 
with the Texas Coastal Management Program. As required by 31 TAC 
sec.505.11(b)(2) and 30 TAC sec.281.45(a)(3) relating to actions and rules 
subject to the CMP, commission rules governing air pollutant emissions must be 
consistent with the applicable goals and policies of the CMP. The commission has 
reviewed this proposed action for consistency with the CMP goals and policies in 
accordance with the rules of the Coastal Coordination Council, and has 
determined that the proposed action is consistent with the applicable CMP goals 
and policies. The CMP policy applicable to this rulemaking action is the policy 
that commission rules comply with regulations at Title 40, Code of Federal 
Regulations, to protect and enhance air quality in the coastal area, (31 TAC 
sec.501.14(q)). This proposal will adopt by reference, without changes, five 
federal MACT standards contained in 40 CFR Part 63, and is therefore consistent 
with this policy. Interested persons may submit comments on the consistency of 
the proposed rules with the CMP during the public comment period. 
PUBLIC HEARING A public hearing on this proposal will be held in Austin on 
August 13, 1998 at 10:00 a.m. in Building F, Room 5108 of the commission's 
central office, located at 12100 North IH-35, Park 35 Technical Center, Austin, 
Texas 78753. The hearing is structured for the receipt of oral or written 
comments by interested persons. Individuals may present oral statements when 
called upon in order of registration. Open discussion will not occur during the 
hearing; however, an agency staff member will be available to discuss the 
proposal 30 minutes prior to the hearing and will answer questions before and 
after the hearing. 
SUBMITTAL OF COMMENTS Written comments may be mailed to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 
98014-113-AI. Comments must be received by 5:00 p.m., August 17, 1998. For 
further information or questions concerning this proposal, contact Ann Hammer, 
Office of Policy and Regulatory Development, (512) 239-6255. 
Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearings should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 

SUBCHAPTER C.National Emission Standards for Hazardous Air Pollutants for Source 
Categories (FCAA sec.112, 40 CFR 63)
Division 1. General Provisions
30 TAC sec.113.100
STATUTORY AUTHORITY The amendment is proposed under the Texas Health and Safety 
Code, the Texas Clean Air Act (TCAA), sec.382.011, which provides the commission 
the authority to establish the level of quality to be maintained in the state's 
air; sec.382.012, which provides for the commission to prepare and develop a 
general, comprehensive plan for the proper control of the state's air; 
sec.382.016, concerning monitoring requirements and examination of records; and 
sec.382.017, which provides the commission with the authority to adopt rules 
consistent with the policy and purposes of the TCAA. 
The amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.100.General Provisions (40 CFR 63, Subpart A).
The General Provisions for the National Emission Standards for Hazardous Air 
Pollutants for Source Categories as specified in 40 CFR 63, Subpart A, as 
amended through <nl>May 4, 1998 <ol> [December 15, 1995], are incorporated by 
reference with the following exceptions: 
(1) - (7) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810488
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 2. Hazardous Organic NESHAP
30 TAC sec.sec.113.110, 113.120, 113.130, 113.140
These amendments are proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
These amendments are being proposed to obtain delegation from EPA under 40 CFR 
63, Subpart E, which implements the FCAA Amendments, sec.112(l).

sec.113.110.Synthetic Organic Chemical Manufacturing Industry (40 CFR 63, 
Subpart F).
The Synthetic Organic Chemical Manufacturing Industry Maximum Achievable Control 
Technology standard as specified in 40 CFR 63, Subpart F, as amended through 
<nl>May 12, 1998 <ol> [June 20, 1996] is incorporated by reference. 

sec.113.120.Synthetic Organic Chemical Manufacturing Industry for Process Vents, 
Storage Vessels, Transfer Operations, and Wastewater (40 CFR 63, Subpart G).
The Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage 
Vessels, Transfer Operations, and Wastewater Maximum Achievable Control 
Technology standard as specified in 40 CFR 63, Subpart G, as amended through 
<nl> January 17, 1997 <ol> [February 29, 1996], is incorporated by reference. 

sec.113.130.Organic Hazardous Air Pollutants for Equipment Leaks (40 CFR 63, 
Subpart H).
The Organic Hazardous Air Pollutants for Equipment Leaks Maximum Achievable 
Control Technology standard as specified in 40 CFR 63, Subpart H, as amended 
through <nl>January 17, 1997 <ol> [January 1, 1996], is incorporated by 
reference.

sec.113.140.Certain Processes Subject to the Negotiated Regulation for Equipment 
Leaks (40 CFR 63, Subpart I).
The Certain Processes Subject to the Negotiated Regulations for Equipment Leaks 
Maximum Achievable Control Technology standard as specified in 40 CFR 63, 
Subpart I, as amended through <nl>January 17, 1997 <ol> [January 17, 1996], is 
incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810489
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 4. Chromium Emissions From Hard And Decorative Chromium Electroplating 
And Chromium Anodizing Tanks 
30 TAC sec.113.190
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.190.Chromium Emissions from Hard and Decorative Chromium Electroplating 
and Chromium Anodizing Tanks (40 CFR 63, Subpart N).
The Chromium Emissions from Hard and Decorative Chromium Electroplating and 
Chromium Anodizing Tanks Maximum Achievable Control Technology standard as 
specified in 40 CFR 63, Subpart N, as amended through <nl>August 11, 1997 <ol> 
[January 30, 1997], is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810490
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 6. Industrial Process Cooling Towers
30 TAC sec.113.220
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.220.Industrial Process Cooling Towers (40 CFR 63, Subpart Q).
The Industrial Process Cooling Towers Maximum Achievable Control Technology 
standard as specified in 40 CFR 63, Subpart Q, September 8, <nl>1994 <ol> 
[1996], is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810491
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 7. Gasoline Distribution Facilities
30 TAC sec.113.230
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.230.Gasoline Distribution Facilities (40 CFR 63, Subpart R).
The Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline 
Breakout Stations) Maximum Achievable Control Technology standard as specified 
in 40 CFR 63, Subpart R, as amended through <nl>January 16, 1998 <ol> [February 
28, 1997], is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810492
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 8. Halogenated Solvent Cleaning
30 TAC sec.113.250
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.250.Halogenated Solvent Cleaning (40 CFR 63, Subpart T).
The Halogenated Solvent Cleaning Maximum Achievable Control Technology standard 
as specified in 40 CFR 63, Subpart T, as amended through <nl>May 5, 1998 <ol> 
[June 6, 1996], is incorporated by reference.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810493
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 9. Group I Polymers and Resins
30 TAC sec.113.260
The new rule is proposed under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.011, which provides the commission the authority to 
establish the level of quality to be maintained in the state's air; sec.382.012, 
which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This rule is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.260.Group I Polymers and Resins (40 CFR 63, Subpart U).
The Group I Polymers and Resins Maximum Achievable Control Technology standard 
as specified in 40 CFR 63, Subpart U, as amended through July 15, 1997, is 
incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810494
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 11. Secondary Lead Smelting
30 TAC sec.113.290
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.290.Secondary Lead Smelting (40 CFR 63, Subpart X).
The Secondary Lead Smelting Maximum Achievable Control Technology standard as 
specified in 40 CFR 63, Subpart X, as amended through <nl>June 13, 1997 <ol> 
[December 12, 1996], is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810495
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 14. Offsite Waste and Recovery Operations
30 TAC sec.113.350
The new rule is proposed under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.011, which provides the commission the authority to 
establish the level of quality to be maintained in the state's air; sec.382.012, 
which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This rule is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.350.Offsite Waste and Recovery Operations (40 CFR 63, Subpart DD).
The Offsite Waste and Recovery Operations Maximum Achievable Control Technology 
standard as specified in 40 CFR 63, Subpart DD, as amended through July 1, 1996, 
is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810496
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 15. Magnetic Tape Manufacturing Operations
30 TAC sec.113.360
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.360.Magnetic Tape Manufacturing Operations (40 CFR 63, Subpart EE).
The Magnetic Tape Manufacturing Operations Maximum Achievable Control Technology 
standard as specified in 40 CFR 63, Subpart EE, <nl>December <ol> [September] 
15, 1994, is incorporated by reference.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810497
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 16. Aerospace Manufacturing and Rework Facilities
30 TAC sec.113.380
This amendment is proposed under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.011, which provides the commission the authority 
to establish the level of quality to be maintained in the state's air; 
sec.382.012, which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This amendment is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.380.Aerospace Manufacturing and Rework Facilities (40 CFR 63, Subpart 
GG).
The Aerospace Manufacturing and Rework Facilities Maximum Achievable Control 
Technology standard as specified in 40 CFR 63, Subpart GG, as amended through 
<nl>March 27, 1998 <ol> [December 17, 1996], is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810498
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 17. Shipbuilding and Ship Repair (Surface Coating)
30 TAC sec.113.400
The new rule is proposed under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.011, which provides the commission the authority to 
establish the level of quality to be maintained in the state's air; sec.382.012, 
which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
This rule is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.400.Shipbuilding and Ship Repair (Surface Coating) (40 CFR 63, Subpart 
II).
The Shipbuilding and Ship Repair (Surface Coating) Maximum Achievable Control 
Technology standard as specified in 40 CFR 63, Subpart II, as amended through 
December 17, 1996, is incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810499
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 18. Printing and Publishing
30 TAC sec.113.420
The new rule is proposed under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.011, which provides the commission the authority to 
establish the level of quality to be maintained in the state's air; sec.382.012, 
which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
The rule is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.420.Printing and Publishing (40 CFR 63, Subpart KK).
The Printing and Publishing Maximum Achievable Control Technology standard as 
specified in 40 CFR 63, Subpart KK, as amended through May 30, 1996, is 
incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810500
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

Division 19. Group IV Polymers and Resins
30 TAC sec.113.670
The new rule is proposed under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.011, which provides the commission the authority to 
establish the level of quality to be maintained in the state's air; sec.382.012, 
which provides for the commission to prepare and develop a general, 
comprehensive plan for the proper control of the state's air; sec.382.016, 
concerning monitoring requirements and examination of records; and sec.382.017, 
which provides the commission with the authority to adopt rules consistent with 
the policy and purposes of the TCAA. 
The rule is being proposed to obtain delegation from EPA under 40 CFR 63, 
Subpart E, which implements the FCAA Amendments, sec.112(l). 

sec.113.670.Group IV Polymers and Resins (40 CFR 63, Subpart JJJ).
The Group IV Polymers and Resins Maximum Achievable Control Technology standard 
as specified in 40 CFR 63, Subpart JJJ, as amended through March 31, 1998, is 
incorporated by reference. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 2, 1998.
TRD-9810501
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 7, 1998
For further information, please call: (512) 239-1970

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART III. Texas Youth Commission
CHAPTER 93. Youth Rights and Remedies
37 TAC sec.93.1
The Texas Youth Commission (TYC) proposes an amendment to sec.93.1, concerning 
basic youth rights. The amendment, as adopted on an emergency basis on April 27, 
1998, will provide for the restriction of the flow of mail among TYC youth when 
there is reason to believe there is a threat to the security and order of the 
facility and thus the safety of staff and youth. Specific detail for the 
handling of youth mail is deleted in this rule.
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be increased safety for staff and youth in TYC facilities. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the section as proposed. No private real 
property rights are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The amendment is proposed under the Human Resources Code, sec.61.075, which 
provides the Texas Youth Commission with the authority to determine the 
appropriate treatment and restriction of youth in custody. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.93.1. Basic Youth Rights. 
(a)-(g) (No change.) 
(h) Right of Access to Mail and Telephone. Youth have the right to correspond 
freely through the mails <nl> except when correspondence between youth presents 
a risk to facility security and order. <ol> Staff may not read incoming or 
outgoing mail, but may open incoming mail in the youth's presence to inspect it 
for contraband. Youth may seal outgoing correspondence. [Incoming and outgoing 
letters are not held for more than 24 hours, packages for more than 48 hours, 
excluding weekends and holidays. First class letters and packages are forwarded 
to a youth who has been transferred or released.]<nl> See (GAP) sec.93.15 of 
this title (relating to Youth Mail). <ol> Youth will be provided access to 
telephones to the extent possible within plant limitations, with equal 
opportunities for telephone use being provided to all residents within a 
facility. Youth will have access to a telephone in the event of an emergency. 
TYC does not have a responsibility to pay for incoming or outgoing long-distance 
calls, except in an emergency. See (GAP) sec.93.13 of this title (relating to 
Use of Telephone). 
(i)-(o) (No change.)
(p) Right to Express Grievances and Appeal Decisions. Youth have the right <nl>, 
without fear of reprisal, <ol> to have access to <nl> a prompt and fair <ol> 
[some] method of resolving complaints [which is prompt and fair, without fear of 
reprisal.] Youth have the right to appeal to the executive director from any 
decision made regarding them. See (GAP) sec.93.31 of this title (relating to 
Youth Complaint Resolution System). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 1, 1998.
TRD-9810444
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 16, 1998
For further information, please call: (512) 424-6244

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 3.Income Assistance Services
SUBCHAPTER CC.Claims
40 TAC sec.3.2901
The Texas Department of Human Services (DHS) proposes to amend sec.3.2901, 
concerning client responsibility to repay, in its Income Assistance Services 
chapter. The purpose of the amendment is to comply with an agency initiative and 
the Program Simplification Workgroup by making Temporary Assistance for Needy 
Families (TANF) policies more compatible with current Food Stamp policies. The 
primary change is in determining the first month of overpayment as the first 
month in which a change would have been effective had it been reported and 
processed in a timely manner. 
Eric M. Bost, commissioner, has determined that for the first five-year period 
the proposed amendment will be in effect there will be fiscal implications as a 
result of enforcing or administering the amendment. The effect on state 
government for the first five-year period the proposed amendment will be in 
effect is an estimated reduction in cost of $0 in fiscal year (FY) 1998; 
$1,139,972 in FY 1999; $1,240,625 in FY 2000; $1,237,976 in FY 2001; and 
$1,231,021 in FY 2002. There will be no fiscal implications for local government 
as a result of enforcing or administering the amendment. 
Mr. Bost also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the amendment will be that the amount collected for overpayment of TANF benefits 
will decrease. The change will not decrease the number of overpayment referrals 
processed but the amount of overpayments to be collected will be significantly 
reduced. The impact on workload will be minimal as the specialized staff who 
perform this task are centrally located within the regions. It is not 
anticipated that these changes will affect small businesses. This change will 
neither drastically increase or decrease client eligibility/benefits to the 
point that local businesses would be impacted. There is no anticipated economic 
cost to individuals who are required to comply with the proposed amendment.
Questions about the content of this proposal may be directed to Rita King at 
(512) 438-4148 in DHS's Client Self-Support Services Department. Written 
comments on the proposal may be submitted to Supervisor, Rules and Handbooks 
Unit-306, Texas Department of Human Services E-205, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register. 
The amendment is proposed 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.3.2901. Client Responsibility to Repay.
(a) <nl>Temporary Assistance for Needy Families (TANF) <ol>[Aid to Families with 
Dependent Children]. Clients must repay any benefits they [receive that they] 
are not entitled to <nl>receive<ol>.
<nl>(1)<ol> <nl> The first month of overpayment is the first month in which a 
change would have been effective had it been reported and processed in a timely 
manner. The first month of overpayment can be no later than two months from the 
month the change occurred.<ol> 
<nl>(2)<ol> <nl> An overpayment occurs because of<ol>
<nl>(A)<ol> <nl> an agency error; <ol>
<nl>(B)<ol> <nl> a client error; or <ol>
<nl>(C)<ol> <nl> an intentional program violation. <ol>
<nl>(3)<ol> <nl> Benefits can be repaid through restitution or by recoupment. 
<ol>
(b) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 30, 1998.
TRD-9810329
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: October 1, 1998
For further information, please call: (512) 438-3765

SUBCHAPTER NN.Electronic Benefit Transfer
40 TAC sec.3.4011
The Texas Department of Human Services (DHS) proposes to amend sec.3.4011, 
concerning expunging benefits, in its Income Assistance Services chapter. The 
purpose of the amendment is to comply with state legislation relating to 
expunging Temporary Assistance for Needy Families (TANF) benefits after the 
account has been dormant for 12 months. 
Eric M. Bost, commissioner, has determined that for the first five-year period 
the proposed section will be in effect there will be no fiscal implications for 
state or local governments as a result of enforcing or administering the 
section. 
Mr. Bost also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that the state will be in compliance with state legislation and 
will be compatible with the expungement policy in the Food Stamp Program. It is 
not anticipated that these changes will affect small businesses. These changes 
are technical in nature and neither drastically increase or decrease client 
eligibility/benefits to the point that local businesses would be impacted. There 
is no anticipated economic cost to persons who are required to comply with the 
proposed section. 
Questions about the content of this proposal may be directed to Rita King at 
(512) 438-4148 in DHS's Client Self-Support Services Department. Written 
comments on the proposal may be submitted to Supervisor, Rules and Handbooks 
Unit-315, Texas Department of Human Services E-205, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register. 
The amendment is proposed 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.3.4011.Expunging Benefits. 
(a)-(b) (No change.) 
<nl>(c)<ol> <nl> DHS expunges all the Temporary Assistance for Needy Families 
(TANF) benefits in an Electronic Benefit Transfer (EBT) account if the account 
has not been accessed by the household for one year.<ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on June 30, 1998.
TRD-9810308
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: October 1, 1998
For further information, please call: (512) 438-3765