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 code. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION PART I. Office of the Governor CHAPTER 3.Criminal Justice Division SUBCHAPTER C.General Grant Program Policies 1.General Eligibility Requirements 1 TAC sec.3.2001 The Office of the Governor proposes new sec.3.2001, concerning nonstandard funding. Tom Jones, Director of Accounting for the Criminal Justice Division has determined that in general for the first five year period the rule is in effect there will be no fiscal impact on state or local government. The funds remain stable and the method for allocating funds on a regional basis has not changed. Mr. Jones also has determined that for the first five year period the proposed rule is in effect the public benefit will be clarification of funding sources. There will be no anticipated economic cost to persons or small businesses. Comments on the proposal may be submitted to Pamela Brown at the Criminal Justice Division of the Governor's Office, P. O. Box 12428, Austin, Texas 78711. The new rule is proposed under Texas Government Code, Title 7, sec.772.006 (a) (11), which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. No other statutes, articles or codes are affected by this proposed rule. sec.3.2001.Nonstandard Funding. Information regarding application deadlines listed in this chapter relate to the standard Criminal Justice Division grant cycle. CJD may, however, fund grants outside of this cycle or at amounts higher or lower than those listed in this chapter. Additionally, CJD reserves the right, under rare circumstances, to waive rules within this chapter if CJD determines that such an action is in the best interest of the state and the rule to be waived is not required by another state or federal rule or statute. 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 September 1, 1998. TRD-9813834 Pete Wassdorf Deputy General Counsel Office of the Governor Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-1788 TITLE 22. EXAMINING BOARDS PART VIII. Texas Appraiser Licensing and Certification Board CHAPTER 153.Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.153.20 The Texas Appraiser Licensing and Certification Board proposes an amendment to sec.153.20, relating to Guidelines for Revocation, Suspension or Denial of Licensure or Certification. Specifically sec.153.20(e) is being amended to restore language which was inadvertently deleted during rule revisions in the spring of 1997. The reinstated language deals with requiring written complaints to initiate investigations, not accepting anonymous complaints, and the board's authority to initiate a complaint on its own motion. Renil C. Liner, Commissioner, Texas Appraiser Licensing and Certification Board, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal implications for state or local government. Mr. Liner also 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 the sections will be to clarify the process for initiating complaints against appraisers who are certified or licensed by the agency. 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 Renil C. Liner, Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188. The amendment is proposed under the Powers and Duties of the Board, Texas Appraiser Licensing and Certification Act, sec.5 (Texas Civil Statutes, Article 6573a.2). Section 11, Denial of Certificate or License; Appeal; sec.12, Enforcement Proceedings; sec.12A, Contested Case Proceedings; and sec.21, Offenses, Texas Civil Statutes, Article 6573a.2, are affected by the proposal. sec.153.20.Guidelines for Revocation, Suspension or Denial of Licensure or Certification. (a)- (d) (No change.) (e) Notwithstanding any other provision of the Act, there shall be no undercover or covert investigations conducted by authority of the Act. No investigations of licensees or certificate holders or any other actions against licensees or certificate holders shall be initiated on the basis of anonymous complaints whether in writing or otherwise, but shall be initiated only upon the board's own motion or a signed written complaint. Upon the adoption of such a motion by the board or upon receipt of such complaint, the licensee or certificate holder shall be notified promptly and in writing unless the board itself, after due consideration, determines otherwise.
    (f) - (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 September 2, 1998. TRD-9813951 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 465-3950 PART IX. Texas State Board of Medical Examiners CHAPTER 161. General Provisions 22 TAC sec.161.1, sec.161.4 The Texas State Board of Medical Examiners proposes an amendment to sec.161.1, concerning Meetings and new sec.161.4, concerning Rule Changes. The amendment and new rule are necessary to provide updated information regarding the functions of Board committees. Section 189.1 is simultaneously being repealed in this issue of the Texas Register and incorporated into sec.161.4 as a subsection. Tony Cobos, general counsel, has determined that for 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. Mr. Cobos also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be reorganization of the chapters and updated information. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. The amendment and new rule are proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a) and sec.2.09(i) is affected by the proposed amendment and new rule. sec.161.1. Meetings. (a) The board shall meet at least four times a year. It shall consider such
      [conduct examinations for licensure to practice medicine in the State of Texas and consider such other] matters as may be necessary. (b)-(e) (No change.) (f) At a
        [the first] meeting of the board [after each biennial appointment], the board shall elect from its membership a [president,] vice- president[,] and secretary treasurer. (g) The following are standing and permanent committees of the board, as established by the board in accordance with the Medical Practice Act. The responsibilities and authority of these committees include those duties and powers as set forth below and such other responsibilities and authority which the board may from time to time delegate to these committees. (1) Executive committee: (A)-(D) (No change.) (E) make recommendations concerning reactivation of licenses for physicians on retired status;
          [temporarily suspend a physician's license as provided for in the Medical Practice Act;] (F)-(H) (No change.) (2) Medical school committee: (A)-(C) (No change.) (D) develop information in regard to international
            [foreign] medical schools in the areas of curriculum, faculty, facilities, academic resources, and performance of graduates; (E) offer assistance to the examination and endorsement
              [reciprocity] committees in determining eligibility of international
                [foreign] medical graduates for licensure by endorsement
                  [reciprocity] or examination; (F) study and make recommendations regarding documentation and verification of records from international
                    [foreign] medical schools; (G) coordinate cooperative efforts with the Educational Commission for International
                      [Foreign] Medical Graduates; (H) (No change.) (3)-(5) (No change.) (6) Standing orders committee: (A)-(C) (No change.) (D) make recommendations to the board regarding matters brought to the attention of the standing orders committee;
                        [.] (E)
                          make recommendations to the board regarding issues concerning or referred by the Board of Acupuncture Examiners or other acupuncture issues. (7)-(9) (No change.) (10) Physicians in Training Committee
                            [Computer committee]: (A) [study and] make recommendations to the board regarding licensure and issues concerning physicians in training
                              [available computer resources]; (B) [consider and] make recommendations to the board regarding matters brought to the attention of the Physicians in Training Committee.
                                [any aspect of board computer resources;] [(C) make recommendations to the board regarding matters brought to the attention of the computer committee.] (11)-(15) (No change.) (h)-(j) (No change.) (k) Meetings of the board and of its committees are open to the public unless such meetings are conducted in executive session pursuant to state law
                                  [Texas Civil Statutes, Article 6252-17] and the Medical Practice Act, Article 4495b. In order that board meetings may be conducted safely, efficiently, and with decorum, members of the public shall refrain at all times from smoking or using tobacco products, eating, or reading newspapers and magazines. Members of the public may not engage in disruptive activity that interferes with board proceedings, including excessive movement within the meeting room, noise or loud talking, and resting of feet on tables and chairs. The public shall remain within those areas of the board's offices designated as open to the public. Members of the public shall not address or question board members during meetings unless recognized by the board's presiding officer pursuant to a published agenda item. (l) (No change.) sec.161.4. Rule Changes. Any suggested changes to the board rules must be submitted to the board at a regular board meeting for discussion and a vote regarding release for initial publication in the Texas Register. 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 September 4, 1998. TRD-9814088 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 173. Applications 22 TAC sec.173.1 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas State Board of Medical Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Board of Medical Examiners proposes the repeal of sec.173.1, concerning Applications. The repeal is necessary because chapters 173 and 175 are being combined to reorganize and update applications and fees. New Chapter 175 is proposed simultaneously in this issue of the Texas Register. Tony Cobos, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the section as proposed. Mr. Cobos also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be updated rules. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. The repeal is proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a) is affected by the proposed repeal. sec.173.1. Applications. 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 September 4, 1998. TRD-9814090 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 175. Schedule of Fees and Penalties 22 TAC sec.sec.175.1-175.4 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas State Board of Medical Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Board of Medical Examiners proposes the repeal of sec.sec.175.1- 175.4, concerning Schedule of Fees and Penalties and new sec.sec.175.1-175.5, concerning Fees, Penalties, and Applications. Chapter 173 and 175 are being combined to reorganize and update applications and fees. There are no new fees, just updated rules. The repeal of chapter 173 is simultaneously proposed elsewhere in this issue of the Texas Register. Tony Cobos, general counsel, has determined that for the first five-year period the repeal and new 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. Mr. Cobos also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be reorganization of the chapters and updated information. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. The repeals are proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(k) is affected by the proposed repeals. sec.175.1. Fees. sec.175.2. Penalties. sec.175.3. Payment of Fees or Penalties. sec.175.4. Partial Refund. 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 September 4, 1998. TRD-9814091 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 175. Fees, Penalties, and Applications 22 TAC sec.sec.175.1-175.5 The new sections are proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(k) is affected by the proposed new sections. sec.175.1. Fees. The board shall charge the following fees. (1) Physicians: (A) processing an application for complete or partial licensure examination (includes one USMLE Step 3 or COMLEX Level 3 and jurisprudence examination fee) - $800; (B) processing an application for licensure by endorsement (includes one jurisprudence examination fee) - $800; (C) examination fees (required and payable each time applicant is scheduled for examination): (i) USMLE Step 3 - $500; (ii) COMLEX Level 3 - $500; (iii) Jurisprudence - $30; (D) processing an application for a special purpose license for practice of medicine across state lines (includes one jurisprudence examination fee) - $800; (E) temporary license: (i) regular - $50; (ii) distinguished professor - $50; (iii) state health agency - $50; (iv) section 3.0305 - $50; (v) rural/underserved areas - $50; (vi) continuing medical education - $50; (F) annual renewal - $310. (2) Physicians in Training: (A) institutional permit (began training program prior to 6-1-99) - $50; (B) renewal of institutional permit (began training program prior to 6-1-99) - $35; (C) visiting professor permit - $110; (D) faculty temporary permit - $110; (E) temporary postgraduate resident permit - $50; (F) postgraduate resident permit (R1) - $75; (G) postgraduate resident permit (R2) - $50; (H) postgraduate resident permit (R3) - $50; (I) postgraduate resident permit (R4) - $50; (J) approval of fellowship program - $150. (3) Physician Assistants: (A) processing application for licensure as a physician assistant - $200; (B) temporary license - $50; (C) annual renewal - $150. (4) Acupuncturists/Acudetox Specialists: (A) processing an application for license as an acupuncturist - $300; (B) temporary license for an acupuncturist - $50; (C) annual renewal for an acupuncturist - $250; (D) acupuncturist distinguished professor - $50; (E) processing an application for acudetox specialist - $50; (F) annual renewal for acudetox specialist - $25; (G) review and approval of continuing acupuncture education courses - $50; (H) review and approval of continuing acudetox acupuncture education courses - $50. (5) Non-Certified Radiologic Technicians: (A) processing an application - $50; (B) annual renewal - $50. (6) Certification as a Non-Profit Health Organization: (A) processing an application for initial certification - $2,500; (B) processing an application for biennial recertification - $500. (7) Miscellaneous Fees: (A) duplicate license - $45. (B) endorsement - $40. (C) reinstatement after cancellation for cause - $350. sec.175.2. Penalties. The board shall charge the following penalties: (1) Physicians: (A) renewal of physician's license expired for 31-90 days - $55; (B) renewal of physician's license expired for longer than 90 days but less than one year - $110. (2) Physician Assistants: (A) renewal of physician assistant's license expired for 90 days or less - $50; (B) renewal of physician assistant's license expired for longer than 90 days but less than one year - $100. (3) Acupuncturists/Acudetox Specialists: (A) renewal of acupuncturist's license expired for 90 days or less - $50; (B) renewal of acupuncturist's license expired for longer than 90 days but less than one year - $100; (C) renewal of acudetox specialist certification expired for 90 days or less - $25; (D) renewal of acudetox specialist certification expired for longer than 90 days but less than one year - $50. (4) Non-Certified Radiologic Technicians. Renewal of non-certified radiologic technician's registration expired for 1-90 days - $25. sec.175.3. Payment of Fees or Penalties. All licensure fees or penalties must be submitted in the form of a money order or cashier's check payable on or through a United States bank. Fees and penalties cannot be refunded. If a single payment is made for more than one individual permit, it must be made for the same class of permit and a detailed listing, on a form prescribed by the board, must be included with each payment. sec.175.4. Partial Refund. Fees for processing an application for complete or partial licensure examination may be subject to a partial refund equal to the cost of the examination. The applicant must request a refund before April 1, because the applicant has been accepted in an out-of-state training program starting in June or July as a result of the National Matching Program and elects to not take the licensure examination in Texas. sec.175.5. Applications. (a) All information required on applications used by this board will conform to the Medical Practice Act and rules promulgated by this board. The board hereby adopts by reference the following forms: (1) Physicians: (A) application for licensure by examination; (B) application for licensure by endorsement; (C) application for a special purpose license for practice of medicine across state lines; (D) application for temporary license; (E) application for annual renewal of physician's permit. (2) Physicians in Training: (A) application for institutional permit (physician began program prior to 5-31- 99); (B) application for renewal of institutional permit (physician began program prior to 5-31-99); (C) application for postgraduate resident (R1) permit; (D) application for postgraduate resident (R2) permit; (E) application for postgraduate resident (R3) permit; (F) application for postgraduate resident (R4) permit; (G) application for temporary postgraduate resident permit; (H) application for faculty temporary permit; (I) application for visiting professor permit; (J) application for National Health Service Corps permit. (3) Physician Assistants: (A) licensure application; (B) application for temporary license; (C) notice of intent to supervise a physician assistant; (D) notice of intent to practice as a physician assistant; (E) application for annual renewal of license. (4) Acupuncturists/Acudetox Specialists: (A) licensure application for acupuncturist; (B) application for acupuncturist temporary license; (C) application for acupuncture distinguished professor temporary license; (D) application for annual renewal of acupuncturist license; (E) application for acudetox specialist certification; (F) application for annual renewal of acudetox specialist certification; (G) application for approval of continuing acupuncture education courses; (H) application for approval of continuing acudetox acupuncture education courses. (5) Non-Certified Radiologic Technicians: (A) application for non-certified radiologic technician permit; (B) application for annual renewal of non-certified radiologic technician. (6) Certification as a Non-Profit Health Organization: (A) application for initial certification; (B) application for biennial recertification. (7) Miscellaneous Applications: (A) application for a duplicate license; (B) application for reinstatement of medical license for cause; (C) physician designation of prescriptive delegation. (b) These forms may be examined and copies may be obtained at the offices of the Texas State Board of Medical Examiners, 333 Guadalupe, Tower 3, Suite 610, Austin, Texas. 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 September 4, 1998. TRD-9814092 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 183. Acupuncture 22 TAC sec.183.17 The Texas State Board of Medical Examiners proposes an amendment to sec.183.17, concerning Acudetox Specialist. The amendment is necessary to correct an error in citation in subsection (j)(1). Tony Cobos, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the section as proposed. Mr. Cobos also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be a correct reference. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. The amendment is proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, Subchapter F is affected by the proposed amendment. sec.183.17. Acudetox Specialist. (a)-(i) (No change.) (j) Each individual who is certified as an acudetox specialist may annually renew certification by completing and submitting to the Medical Board an approved renewal form together with the following as listed in paragraphs (1)- (3) of this subsection: (1) documentation that the certification or license as required by subsection (b)(3)
                                    [(4)] of this section is still valid; (2)-(3) (No change.) (k)-(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 September 4, 1998. TRD-9814087 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 189. Rule Changes 22 TAC sec.189.1 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas State Board of Medical Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Board of Medical Examiners proposes the repeal of sec.189.1, concerning Procedure. The repeal is necessary because the language in sec.189.1 is simultaneously being proposed in new sec.161.4, elsewhere in this issue of the Texas Register. Tony Cobos, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the section as proposed. Mr. Cobos also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be reorganization of the chapters and updated information. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. The repeal is proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a) is affected by the proposed repeal . sec.189.1. Procedure. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Filed with the Office of the Secretary of State on September 4, 1998. TRD-9814089 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 197.Emergency Medical Service The Texas State Board of Medical Examiners proposes the repeal of sec.sec.197.2- 197.5 and new sec.sec.197.2-197.5, concerning Emergency Medical Service. The repeal and replacement of these sections will update the rules to current practice standards. Tony Cobos, general counsel, has determined that for 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. Mr. Cobos also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be updated rules. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. 22 TAC sec.sec.197.2-197.5 (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 State Board of Medical Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.06(d) is affected by the proposed repeals. sec.197.2. Definitions. sec.197.3. Off-Line Medical Director. sec.197.4. On-Line Medical Direction. sec.197.5. Authority for Control of Medical Services at the Scene of a Medical Emergency 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 September 4, 1998. TRD-9814085 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 The new sections are proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.06(d) is affected by the proposed new sections. sec.197.2. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advanced life support - Emergency prehospital care that involves invasive medical interventions including, but not limited to, the delivery or assisted delivery of medications, defibrillation, and advanced airway management. The provision of advanced life support shall be under the medical direction and/or supervision and control of a licensed physician. (2) Basic life support -Emergency prehospital care that involves noninvasive medical interventions. The provision of basic life support may be under the medical direction and/or supervision and control of a licensed physician. (3) Board - The Texas State Board of Medical Examiners. (4) Delegated practice - Permission given by a physician licensed by the board, either in person or by treatment protocols or standing orders to a specific prehospital provider to provide medical care. (5) Direct medical control - Immediate and concurrent clinical direction either on-scene or via electronic communication from a physician licensed by the board and designated by the EMS medical director. If an EMS system does not have an EMS Medical Director, then such designation should be by a physician advisor, or in his or her absence, the director of the EMS system. (6) Emergency medical services personnel - those individuals certified or licensed by the Texas Department of Health (TDH) to provide medical care. (7) Emergency medical services system (EMSS) - All components needed to provide a continuum of prehospital medical care including, but not limited to, a medical director, transport vehicles, trained personnel, access and dispatch, communications, and receiving medical facilities. (8) Intervenor physician - A physician licensed by the board, who, without having established a prior physician/patient relationship with the emergency patient, accepts responsibility for the prehospital care, and who shall provide proof of a current medical license when requested. (9) Medical director - A physician licensed by the board who is responsible for all aspects of the operation of an EMS system concerning provision of medical care. This physician may also be referred to as the off-line medical director. (10) Prehospital providers - All TDH certified or licensed personnel providing medical care in an out-of-hospital environment. (11) Protocols - Written instructions providing prehospital personnel with a standardized approach to commonly encountered problems in the out-of-hospital setting, typically in regard to patient care. Protocols may include standing orders to be implemented prior to, or in lieu of, establishing communication with direct medical control. (12) Standing delegation orders - Instructions or orders provided by the EMS medical director to EMS personnel, directing them to perform certain medical care in the absence of any communication with direct medical control. sec.197.3. Off-line Medical Director. (a) An off-line medical director shall be: (1) a physician licensed to practice in Texas and shall be registered as an EMS medical director with the Texas Department of Health; (2) familiar with the design and operation of EMS systems; (3) experienced in prehospital emergency care of acutely ill or injured patients; (4) actively involved in: (A) the emergency management of acutely ill and/or injured patients; (B) the training and/or continuing education of EMS personnel, under his or her direct supervision, at their respective levels of certification; (C) the medical audit, review, and critique of the performance of EMS personnel under his or her direct supervision; (D) the administrative and legislative environments affecting regional and/or state prehospital EMS organizations; (5) knowledgeable about local multi-casualty plans; (6) familiar with dispatch and communications operations of prehospital emergency units; and (7) knowledgeable about laws and regulations affecting local, regional, and state EMS operations. (b) The medical director shall: (1) approve the level of prehospital care which may be rendered locally by each of the EMS personnel employed by and/or volunteering with the EMS under the medical director's supervision, regardless of the level of state certification, before the certificant is permitted to provide such care to the public; (2) establish and monitor compliance with field performance guidelines for EMS personnel; (3) establish and monitor compliance with training guidelines which meet or exceed the minimum standards set forth in the Texas Department of Health EMS certification regulations; (4) develop, implement, and revise protocols and/or standing delegation orders, if appropriate, governing prehospital care and medical aspects of patient triage, transport, transfer, dispatch, extrication, rescue, and radio-telephone- telemetry communication by the EMS; (5) direct an effective system audit and quality assurance program; (6) determine standards and objectives for all medically related aspects of operation of the EMS including the inspection, evaluation, and approval of the system's performance specifications; (7) function as the primary liaison between the EMS administration and the local medical community, ascertaining and being responsive to the needs of each; (8) develop a letter or agreement or contract between the medical director(s) and the EMS administration outlining the specific responsibilities and authority of each. The agreement should describe the process or procedure by which a medical director may withdraw responsibility for EMS personnel for noncompliance with the Emergency Medical Service Act, the Health and Safety Code, Chapter 773, the rules adopted in this chapter, and/or accepted medical standards; (9) take or recommend appropriate remedial or corrective measures for EMS personnel, in conjunction with local EMS administration, which may include, but are not limited to, counseling, retraining, testing, probation, and/or field preceptorship; (10) suspend a certified EMS individual from medical care duties for due cause pending review and evaluation; (11) establish the circumstances under which a patient might not be transported; (12) establish the circumstances under which a patient may be transported against his or her will in accordance with state law, including approval of appropriate procedures, forms, and a review process; (13) establish criteria for selection of a patient's destination; and (14) develop and implement a comprehensive mechanism for management of patient care incidents, including patient complaints, allegations of substandard care, and deviations from established protocols and patient care standards. sec.197.4. On-Line Medical Direction. (a) The EMS medical director shall assign the prehospital provider under his or her direction to a specific on-line communication resource by a predetermined policy. (b) Specific local protocols shall define the circumstances under which on-line medical direction is required. (c) A physician providing or delegating on-line medical direction shall be appropriately trained in the use of prehospital protocols, and shall be familiar with the capabilities of the prehospital providers, as well as local EMS operational policies and regional critical care referral protocols. (d) A physician providing or delegating on-line medical direction shall have personal expertise in the emergency care of ill and injured patients. (e) A physician providing or delegating on-line medical direction for particular patients assumes responsibility for the appropriateness of prehospital care provided under his or her direction by EMS personnel. sec.197.5. Authority for Control of Medical Services at the scene of a Medical Emergency. (a) Control at the scene of a medial emergency shall be the responsibility of the individual in attendance who is most appropriately trained and knowledgeable in providing prehospital emergency stabilization and transport. (b) When any prehospital provider, under medical direction, is requested and dispatched to the scene of an emergency, a physician-patient relationship is thereby established between the patient and the physician designated by the EMS system providing medical direction (either off-line or on-line). (c) The prehospital provider on the scene is responsible for the management of the patient(s) and acts as the agent of the physician providing medical direction. (d) If the patient's personal physician is present and assumes responsibility for the patient's care, the prehospital provider should defer to the orders of said physician unless those orders conflict with established protocols. The patient's personal physician shall document in his or her orders in a manner acceptable to the EMS system. The physician providing on-line medical direction shall be notified of the participation of the patient's personal physician. (e) If the medical orders of the patient's personal physician conflict with system protocols, the personal physician shall be placed in communication with the physician providing on-line medical direction. If the personal physician and the on-line medical director cannot agree on treatment, the personal physician must either continue to provide direct patient care and accompany the patient to the hospital or must defer all remaining care to the on-line medical director. (f) The system's medical director or on-line medical control shall assume responsibility for directing the activities of prehospital providers at any time the patient's personal physician is not in attendance. (g) If an intervenor physician is present at the scene and has been satisfactorily identified as a licensed physician and has expressed his or her willingness to assume responsibility for care of the patient, the on-line physician should be contacted. Once the on-line physician is contacted, he or she is ultimately responsible for the care of the patient unless or until the on-line physician allows the intervenor physician to assume responsibility for the patient. (h) The on-line physician has the option of managing the case exclusively, working with the intervenor physician, or allowing the intervenor physician to assume complete responsibility for the patient. (i) If there is any disagreement between the intervenor physician and the on- line physician, the prehospital provider shall be responsible to the on-line physician and shall place the intervenor physician in contact with the on-line physician. (j) If the intervenor physician is authorized to assume responsibility, all orders to the prehospital provider by the intervenor physician shall also be repeated to medical control for recordkeeping purposes. (k) The intervenor physician must document his or her intervention in a manner acceptable to the local EMS. (l) The decision of the intervenor physician not to accompany the patient to the hospital shall be made with the approval of the on-line physician. (m) Nothing in this section implies that the prehospital provider can be required to deviate from standard protocols. 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 September 4, 1998. TRD-9814086 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 CHAPTER 200. Standards for Physicians Practicing Integrative and Complementary Medicine 22 TAC sec.sec.200.1-200.3 The Texas State Board of Medical Examiners proposes new sec.sec.200.1-200.3, concerning Standards for Physicians Practicing Integrative and Complementary Medicine. The new chapter will outline the responsibilities of the physician when providing integrative and complementary medical treatment. Tony Cobos, general counsel, has determined that for 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. Mr. Cobos also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be outlined responsibilities of the physician when providing integrative and complementary medical treatment. 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 Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018. A public hearing will be held at a later date. The new sections are proposed under the Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act. The Medical Practice Act, Texas Civil Statutes, Article 4495b, sec.3.08 is affected by the proposed new sections. sec.200.1. Purpose. The purpose of this chapter is to recognize that physicians should be allowed a reasonable and responsible degree of latitude in the kinds of therapies they offer their patients. The Board also recognizes that patients have a right to seek integrative or complementary therapies. sec.200.2. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Integrative and Complementary Medicine- Those health care methods of diagnosis, treatment, or interventions that are not acknowledged to be conventional but that may be offered by some licensed physicians in addition to, or as an alternative to, conventional medicine, and that provide a reasonable potential for therapeutic gain in a patient's medical condition and that are not reasonably outweighed by the risk of such methods. (2) Conventional Medicine - Those health care methods of diagnosis, treatment, or interventions that are offered by most licensed physicians as generally accepted methods of routine practice, based upon medical training, experience and review of the peer reviewed scientific literature. sec.200.3. Practice Guidelines for the Provision of Integrative and Complementary Medicine. A licensed physician shall not be found guilty of unprofessional conduct or be found to have committed professional failure to practice medicine in an acceptable manner solely on the basis of employing a health care method of integrative or complementary medicine, unless it can be demonstrated that such method has a safety risk for the patient that is unreasonably greater than the conventional treatment for the patient's medical condition. The Texas State Board of Medical Examiners will use the following guidelines to determine whether a physician's conduct violates the Medical Practice Act, sec.sec.3.08(4), 3.08(4)(E), and 3.08(18) in regard to providing complementary and integrative medical treatment. (1) Prior to offering advice about complementary health care therapies, the physician shall undertake an assessment of the patient. This assessment should include but not be limited to, conventional methods of diagnosis and may include non-conventional methods of diagnosis and shall be documented in the patient's chart. Such assessment shall include the following listed in subparagraphs (A)- (E) of this paragraph: (A) adequate medical records as defined in sec.165.1 of this title (relating to Medical Records); (B) documentation as to whether conventional medical treatment options have been discussed with the patient and referral input, if necessary; (C) documentation as to whether conventional medical options have been tried, and if so, to what effect or a statement as to whether conventional options have been refused by the patient; (D) if a treatment is offered which is not considered to be conventional, documentation of at least a verbal informed consent for each treatment plan must be included (including documentation that the risks and benefits of the use of the treatment were discussed with the patient or guardian); (E) documentation as to whether the complementary health care therapy could interfere with any other ongoing conventional treatment. (2) The physician may offer the patient complementary and integrative treatment pursuant to a documented treatment plan tailored for the individual needs of the patient by which treatment progress or success can be evaluated with stated objectives such as pain relief and/or improved physical and/or psychosocial function. Such a documented treatment plan shall consider pertinent medical history, previous medical records and physical examination, as well as the need for further testing, consultations, referrals, or the use of other treatment modalities. (3) The physician may use the treatment subject to documented periodic review of the patient's care by the physician at reasonable intervals in view of the individual circumstances of the patient in regard to progress toward reaching treatment objectives which takes into consideration the treatment prescribed, ordered or administered, as well as any new information about the etiology of the complaint. (4) Complete and accurate records of the care provided including the elements addressed in paragraph (1)(A)-(E) of this section should be kept. (5) If the provisions set out in paragraphs (1)-(4) of this section are met, and if all treatment is properly documented, the board will presume such practices are in conformity with the Medical Practice Act, sec.sec.3.08(4), 3.08(4)(E), and 3.08(18). 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 September 4, 1998. TRD-9814084 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 305-7016 PART XXV. Structural Pest Control Board CHAPTER 599. Treatment Standards 22 TAC sec.599.4 The Structural Pest Control Board proposes an amendment to sec.599.4 concerning termite treatment disclosure documents. The proposed amendment would require only that a diagram of areas to be treated, a consumer information sheet and updated label and warranty information be provided for all retreatments for existing customers. Benny M. Mathis, Executive Director has determined that there will not be fiscal implications as a result of enforcing or administering the rule. There will be no estimated additional cost, estimated reduction in cost or estimated loss or increase in revenue to state or local government for the first five-year period the rule will be in effect. Roger B. Borgelt, General Counsel has determined that for each year of the first five years the rule as proposed is in effect, the public benefits anticipated as a result of enforcing the rule as proposed will be reduced paperwork for licensees. Customers will continue to receive essential information without an undue regulatory burden on businesses. Comments on the proposal may be submitted to Roger B. Borgelt, General Counsel, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin, Texas 78723. The amendment is proposed under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the provision of structural pest control services. The following is the (statutes, articles or code) that are affected by this rule: Rule Number Statute, Article or Code 595.7 Article 135b-6 sec.599.4. Termite Treatment Disclosure Documents. (a) As part of each estimate submitted and before conducting an initial
                                      [any] termite treatment for a customer
                                        , the pest control company proposing the treatment shall present the prospective customer or designee with the disclosure documents statement. (b) Each termite treatment disclosure document shall include, but is not limited to: (1)-(11) (No change.) (c) Before conducting an initial
                                          [any] termite treatment for the customer
                                            , the pest control company proposing the treatment shall present the prospective customer or designees with a graph and description of the structure(s) to be treated including the following: (1)-(4) (No change.) (d) For any retreatment of a property for an existing customer, the pest control company shall provide the following before conducting the retreatment: (1) the label, if different than that used in the preceding treatment(s); (2) a diagram of the structure showing areas to be treated; (3) any changes to the warranty information; and (4) a consumer information sheet as required by sec.595.7 of this title (relating to Consumer Information Sheet). 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 September 2, 1998. TRD-9813966 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 451-7200 TITLE 25. HEALTH SERVICES PART XVI. Texas Health Care Information Council CHAPTER 1301.Health Care Information SUBCHAPTER D.Rules and Procedures for Council Officers, Council Employees, Donors and Donations 25 TAC sec.sec.1301.51-1301.54 The Texas Health Care Information Council (Council) proposes new sec.sec.1301.51-1301.54, concerning Rules and Procedures for Council Officers, Council Employees, Donors and Donations. The Council is authorized to accept gifts of money from a private donor under the Texas Health and Safety Code, sec.108.006 (b)(4) and sec.108.015. The new sections are being proposed, in part, to establish standards of conduct governing the relationship between the donor and the agency's officers and employees, and to describe the procedure for the Council to follow for the acceptances of donations with a value of $500 or more. Jim Loyd, Executive Director, has determined that for the first five-year period the new rules are in effect there will be no additional cost to local governments. Mr. Loyd estimates that no more than $200 will be required by the state as a result of enforcing or administering the new sections. Mr. Loyd also has determined that for each year of the first five-year period the rules are in effect the public benefit will be a reduction in using the Council's budgeted monies. The donations shall be deposited in to the state treasury. Comments on the proposed new rules may be submitted to Jim Loyd, Executive Director, Texas Health Care Information Council, Brown-Heatly Building, 4900 North Lamar OOL-3407, Austin, Texas 78751-2399 no later than 30 days from the date that these proposed rules are published in the Texas Register. The new rules are proposed under the Texas Health and Safety Code, sec.108.006 (b)(4) and sec.108.015, which authorizes the Council to accept gifts of money from a private donor. No other statutes, articles, or codes are affected by the proposed new rules. sec.1301.51.Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise. (1) Council-The state agency known as the Texas Health Care Information Council. (2) Donation-A gift of property, including money, or services to the Council. (3) Donor-An individual, not an employee or officer of the Council, or an organization that gives or offers to give a donation to the Council. (4) Employee-A person employed by the Council on a full time or part-time basis, including volunteers, for purposes of this section only. (5) Officer-The Council's executive director or the appointed members of the Council. sec.1301.52.Administration and Investment of Funds. Donated funds shall be deposited in the state treasury. sec.1301.53.Relationships. (a) Approved Relationships. (1) An officer or employee may serve as an officer or director of a donor, except as set forth in subsection (b)(2) of this section. (2) An officer or employee may receive compensation for services rendered to a donor, except as set forth in subsection (b)(3) and (4) of this section. (b) Disapproved Relationships. (1) No agency employee or property may be used by a donor. (2) No officer or employee who serves as an officer of director of a donor shall vote on or otherwise participate in any measure, proposal, or decision pending before the donor if the Council might reasonably be expected to have an interest in such measure, proposal, or decision. (3) No officer or employee shall accept employment from or engage in any business or professional activity with a donor which the officer or employee might reasonably expect would require or induce the employee or officer to disclose confidential information acquired by reason of the person's official position. (4) No officer or employee shall accept employment or compensation from a donor which could reasonably be expected to impair the officer or employee's independence of judgment in the performance of official duties. (5) No officer or employee shall make personal investments in association with a donor which could reasonably be expected to create a substantial conflict between the officer or employee's private interest and the interest of the Council. (6) No officer or employee shall accept or solicit any gift, favor, or service from a donor that might reasonably tend to influence the exercise of official conduct. (7) No officer or employee shall intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised official powers on behalf of a donor or for having performed official duties in favor of a donor. (8) The Council shall not accept a donation from a person required to provide data under the Texas Health and Safety Code, Chapter 108 or a person who or a business entity that provides goods or services to the Council for compensation. sec.1301.54.Procedure for Acceptance of Certain Gifts. (a) Gifts of a value of $500 or more shall be accepted by a majority of the Council in an open meeting. (b) The minutes of the meeting shall reflect the name of the donor, a description of the gift, and the purpose of the gift. 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 September 2, 1998. TRD-9813954 Jim Loyd Executive Director Texas Health Care Information Council Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 424-6492 TITLE 28. INSURANCE PART I. Texas Department of Insurance CHAPTER 15.Surplus Lines Insurance SUBCHAPTER A.General Regulation of Surplus Lines Insurance 28 TAC sec.15.8 The Texas Department of Insurance proposes an amendment to sec.15.8 concerning the eligibility requirements of surplus lines insurers. The proposed amendment is necessary to implement House Bill 2193 enacted by the 75th Legislature. House Bill 2193 amended Insurance Code, Article 1.14-2, sec.8(d), which requires alien insurers engaging in surplus lines insurance transactions in Texas to maintain an irrevocable trust fund, to increase the amount of the irrevocable trust fund to $5.4 million from $1.5 million. Jose Montemayor, associate commissioner, financial program, has determined that, for each year of the first five-year period the amendment will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment and there will be no adverse effect on local employment or local economy. Mr. Montemayor also has determined that for each year of the first five years the amended section will be in effect, the public benefit anticipated as a result of the proposed amendment will be greater protection of the United States policyholders of surplus lines insurers. There is no economic cost associated with the adoption, enforcement, or administration of the proposed amendment. Any other economic costs to surplus lines insurers complying with the amendment each year of the first five years the amendment will be in effect are the result of the legislative amendment of Insurance Code, Article 1.14-2, sec.8(d). The legislative amendment did not increase the minimum capital and surplus requirement of $15 million for eligible surplus lines insurers, so an alien insurer can comply with the amendment by a reallocation of assets. Any economic cost to a surplus lines insurer qualifying as a small business under Government Code sec.2006.001 complying with the amendment for each year of the first five years the amendment is in effect will be the result of the legislative enactment and not as a result of the adoption, enforcement, or administration of the amendment. Comments on the proposal must be submitted in writing within 30 days after publication of the proposed section in the Texas Register to Lynda H. Nesenholtz, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments should be submitted to Jose Montemayor, Associate Commissioner, Financial Program, Mail Code 305-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. The amendment to the section is proposed under the Insurance Code, Article 1.14- 2, which authorizes the commissioner of insurance to adopt rules to enforce Article 1.14-2 and Article 1.03A, which authorizes the commissioner of insurance to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. Insurance Code, Article 1.14-2, is affected by the amendment. sec.15.8. Eligibility Requirements of Surplus Lines Insurers. (a) An unauthorized insurer is not eligible to write surplus lines insurance in this state under the following circumstances: (1)-(5) (No change.) (6) it is an alien unauthorized insurer and does not provide evidence of an irrevocable trust fund in a Federal Reserve System member bank in the United States in an amount not less than $5.4
                                              [$1.5] million for the protection of all its policyholders in the United States. Such trust fund must comply with the Insurance Code, Article 1.14-2, sec. 8(d); (7) (No change.) (b)-(i) (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 September 3, 1998. TRD-9814034 Lynda H. Nesenholtz General Counsel and Chief Clerk Texas Department of Insurance Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-6327 PART IV. State Office of Risk Management CHAPTER 251.State Employees-Workers' Compensation SUBCHAPTER E.Workers' Compensation Claims Cost Allocation 28 TAC sec.sec.251.500-251.506 The State Office of Risk Management (SORM) proposes the following new sec.sec.251.500-251.506 to be contained in 28 Texas Administrative Code, Chapter 251 regarding Workers' Compensation Claims Cost Allocation; SORM proposes new sec.251.500 concerning Definitions; sec.251.501 concerning Determination of Allocation Participants; sec.251.502 concerning Allocation Calculation; sec.251.503 concerning Quarterly Reports; sec.251.504 concerning Interagency Contracts; sec.251.505 concerning Reimbursement to the Claims Fund by State Agencies; and sec.251.506 Retention of Savings by State Agencies. The proposed new rules are designed to implement the workers' compensation claims allocation program described in Texas Labor Code, chapter 412, sec.412.012(c). Section 412.012(c)(2) requires that SORM establish an allocation program for the payment of workers' compensation claims paid from the general revenue that are incurred by state agencies subject to Chapter 501 of the Texas Labor Code. The proposed new rules describe how funds appropriated by the legislature for the payment of workers' compensation benefits for state employees are to allocated among the participating agencies. The participating agencies are those that accounted for 90% of the state's general revenue claims for workers' compensation claims costs for the preceding state fiscal biennium. According to sec.412.012(c)(4), a state agency which is required to participate in the allocation program is rewarded or penalized for its actual performance against expected workers' compensation losses. If an agency exceeds its allocated amount, the agency is required to reimburse SORM for all expenditures in excess of the allocated amount. During the first biennium that the allocation program is in effect, an agency's reimbursement is limited to a maximum of 50% of the original allocation. In addition, if an agency's expenditures for the biennium are less than its allocated amount, the agency is entitled to retain a portion of its savings, subject to SORM's determination of the amount to be retained. In order to implement the allocation program created by the legislature, SORM is required to establish a formula for allocating the state's workers' compensation costs among the identified agencies. Texas Labor Code, sec.412.012(c)(3) requires that SORM, in developing its allocation formula, consider an agency's claims experience, administrative costs incurred by SORM in administering the agency's claims, and the agency's claims experience. The proposed rules consider the factors required by statute and establish a system for rewards and penalties based upon an agency's performance. Proposed new sec.251.500 provides definitions of terms used in the subsequent portions of the proposed rule. Proposed new sec.251.501 identifies the basis for participation in the allocation program. The participating agencies for the current biennium are those that accounted for 90% of claims costs during the previous biennium. Proposed new sec.251.502 bases an agency's claims allocation upon the agency's claims cost per average number of full-time equivalent employees during the prior fiscal biennium and the agency's anticipated number of FTEs for the current biennium and the agency's related administrative costs incurred per average number of FTEs for the current biennium. Section 251.502 also establishes how administrative costs incurred by SORM in administering an agency's claims will be factored into the allocation program. An agency's allocation amount is the total of anticipated claims costs for the fiscal biennium and anticipated administrative costs incurred. Proposed new sec.251.503 describes the information contained in quarterly reports to be made by SORM to the participating state agencies. Proposed new sec.251.504 requires that state agencies enter into interagency contracts with SORM in order to facilitate the reimbursement of any funds due under the allocation program or the receipt of any savings from the allocation program. In addition, interagency contracts are required by Texas Labor Code sec.412.021(c)(6). Proposed new sec.251.505 describes under what circumstances an agency will be required to reimburse the workers' compensation claims fund and the source of funds for reimbursements. Section 251.506 describes factors to be considered by SORM in permitting agencies to retain a portion of any savings under the allocation program. Under this Section, if an agency exceeds its allocated amount, the agency is required to reimburse the workers' compensation claims fund, which is administered by SORM. An agency shall reimburse SORM 100% of all claims costs in excess of its allocated amount, subject to the limitation of Texas Labor Code sec.412.021(c)(6). Reimbursements are to be made from an agency's regularly appropriated funds. The proposed rules comply with the intent of Texas Labor Code sec.412.012 because they provide added incentive to state agencies to continue or increase efforts to control workers' compensation costs. Albert Betts, General Counsel, has determined that for the first five year period these sections are in effect there will be fiscal implications for state government. Those state agencies who are subject to Chapter 501 of the Texas Labor Code, may have to reimburse SORM from their regular appropriated budget if the agency exceeds their allocated amount. At this time, however, SORM is unable to estimate the exact amount of the fiscal impact. There will be no fiscal impact upon local government as a result of implementation of these proposed rules. Mr. Betts has also determined that for each of the first five years that the proposed new rules are in effect, the public benefit anticipated as a result of enacting the proposed new rules will be that state agencies, in conjunction with SORM, will increase their efforts to control workers' compensation costs through increased risk management efforts, effective return to work programs, and effective claims administration. Increased risk management efforts should result in safer work environments for state employees. This, however, would not in any way prevent state employees who suffer compensable work related injuries from receiving the benefits to which they may be entitled. The proposed new rules would have no effect upon small businesses. SORM anticipates that there will be economic costs to persons required to comply with the rules for each of the first five years. SORM, however, is unable to accurately estimate these costs at this time. Comments on the proposed rules must be submitted to Michelle Merka, Administrative Assistant, State Office of Risk Management, William P. Clements Building, 300 West 15th Street, 6th Floor, Austin, Texas 78711, fax (512) 472- 0234, by 5:00 p.m. on October 13, 1998. A public hearing on these proposed rules is tentatively scheduled for September 29, 1998 at the State Capitol Building, Room E-1.010, Austin, Texas. SORM will post the notice for the Public Hearing in accordance with the requirements of the Texas Open Meetings Act. Those persons interested in attending the public hearing should contact Michelle Merka at (512) 936-1503 to confirm the date, time, and location of the public hearing. SORM has authority to promulgate the proposed new rules pursuant to Texas Labor Code sec.sec.412.012, regarding financing of state workers' compensation benefits and 412.031 which authorizes the SORM Board of Directors to adopt rules necessary for the implementation of Texas Labor Code chapters 412 and 501. In accordance with Texas Labor Code sec.412.041(i), the Director of SORM will hold a public hearing on these proposed rules prior to their consideration for adoption. The proposed new rules affect the following statutes: Texas Labor Code sec.412.012 regarding funding for the State Office of Risk Management; Texas Labor Code sec.412.031 which authorizes the SORM Board of Directors to adopt rules necessary for the implementation of Texas Labor Code, Chapters 412 and 501; Texas Labor code sec.412.041 which requires that the Director of SORM prepare and recommend rules for administrative procedures consistent with Chapter 412 and 501 of the Labor Code; Texas Labor code sec.501.021 regarding compensation to state employees with a compensable injury; Texas Labor Code sec.501.022 regarding coverage for Texas Tech University employees; and Texas Labor Code sec.501.024 regarding persons who are excluded from coverage as a state employee. sec.251.500.Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the text clearly indicates otherwise: (1) Related Administrative Costs Incurred - adjusted loss expenses incurred by the State Office of Risk Management in administering the workers' compensation claims funds for the state agencies subject to Chapter 501 of the Texas Labor Code. Adjusted loss expenses include travel costs associated with attendance at Texas Workers' Compensation Commission benefit dispute resolution proceedings; cost containment services; and costs associated with claims investigations. (2) Allocation Program - the method of financing for the workers' compensation claims fund as described in chapter 412 of the Texas Labor Code. (3) Anticipated FTEs - the number of FTEs indicated for an agency in the current Appropriations Act. (4) Average FTEs - The average number of full-time employees reported by an agency in the Texas State Auditor's Office quarterly report during the prior fiscal biennium. (5) Biennium- The state of Texas' fiscal biennium. (6) FTEs - full-time equivalent employees. (7) SORM - State Office of Risk Management. sec.251.501.Determination of Allocation Participants. (a) Pursuant to Texas Labor Code sec.412.012(c)(3), SORM shall determine which state agencies accounted for 90% of the state's general revenue claims for workers' compensation claims costs for the preceding state fiscal biennium. (1) This determination shall be based upon claims payment information contained in SORM's workers' compensation claims database. The agencies identified as accounting for 90% of workers' compensation claims costs are the participants in the allocation program for the current fiscal biennium. (2) No later than October 1 of the first year of the fiscal biennium, SORM shall send written notification to those agencies identified as participants in the allocation program. The written notification shall include a detailed explanation of the amount allocated to the agency for the payment of workers' compensation claims, and the calculation used to determine the allocation amount. (3) If an agency wishes to dispute its inclusion in the allocation program or its allocated amount, the agency must notify SORM, in writing, within 30 days of receipt of SORM's notice. (b) An agency may only dispute inclusion in the allocation program or its allocated amount for the following reasons: (1) inaccurate claims payment information for the preceding biennium. (2) inaccurate information regarding FTEs. (3) SORM shall review all disputes and respond to the disputing agency within 30 days of receipt of the dispute. (4) SORM shall forward an interagency contract for the payment of any funds due to SORM or any funds to be reimbursed to the participating agency. (5) The Texas Department of Mental Health and Mental Retardation is not subject to any of the provisions of this chapter but instead is subject to the Appropriations Act provisions for the payment of workers' compensation claims. sec.251.502.Allocation Calculation. (a) At the beginning of each fiscal biennium, SORM shall allocate the money appropriated by the legislature for payment of workers' compensation for state employee among the allocation participants. (b) In order to determine the amount to be allocated from the appropriated funds to the allocation participants for the current fiscal biennium, SORM shall consider the following: (1) Related costs incurred by SORM in administering the participating agency's workers compensation claims; (2) Any anticipated changes in the agency's FTEs for the current biennium; and (3) The participating agency's claims experience. (c) Related costs incurred by SORM in administering an agency's claims shall be based upon the following: (1) Travel expenses associated with SORM's employees' attendance at benefit dispute resolution proceedings before the TWCC; (2) Costs incurred for medical cost containment services related to the particular agency's workers' compensation claims; and (3) Costs incurred in conducting investigation of claims. (4) Any funds paid by a state agency to SORM pursuant to an interagency contract entered into under the authority of Texas Labor Code sec.412.012(b), relating to administrative costs for risk management services, shall not be considered to be a portion of administrative costs incurred by SORM for purposes of this section. (d) SORM shall determine an agency's workers' compensation claims cost allocation amount for the fiscal biennium based upon the following calculations: (1) SORM shall calculate a participating agency's claims cost per average number of FTEs for the prior fiscal biennium by dividing the total amount of workers' compensation benefits paid during the prior fiscal biennium by the agency's average number of FTEs. (2) The amount determined in paragraph (1) of this subsection shall be multiplied by the agency's anticipated number of FTEs for the current biennium. (3) SORM shall then calculate a participating agency's related administrative costs incurred per average number of FTEs for the prior fiscal biennium by dividing related costs incurred during the prior fiscal biennium by the agency's average number of FTEs. (4) The number determined in paragraph (3) of this subsection shall be multiplied by the agency's anticipated number of FTEs for the current biennium. (5) The total determined in paragraph (2) and (4) of this subsection are to be combined. The combined total represents the participating agency's allocated workers' compensation claims costs for the current biennium. sec.251.503.Quarterly Reports. SORM shall provide each participating agency with quarterly reports during the fiscal biennium which reflect: (1) The agency's current workers' compensation claims payments; (2) The agency's current related administrative costs; (3) The agency's workers' compensation allocation; and (4) The agency's current workers' compensation claims payments and related administrative costs in relation to its biennial claims allocation. sec.251.504.Interagency Contracts. (a) No later than December 1 of the first fiscal year of the biennium, SORM shall forward an interagency contract to each agency participating in the allocation program. (b) Each participating state agency shall enter into an interagency contract with SORM for the payment of any reimbursements due to SORM or receipt of any savings retention due from SORM. (c) Payment under the interagency contract shall be made no later than 30 days after receipt of notice of any amount due. (d) The Texas Department of Mental Health and Mental Retardation will not be required to enter into an interagency contract. sec.251.505.Reimbursement to the Claims Fund by State Agencies. (a) If an agency's actual workers' compensation claims costs and related administrative costs exceed its allocated amount for the biennium, the agency shall reimburse SORM for all workers' compensation claims costs incurred during the remainder of the biennium. (b) Reimbursements for workers' compensation claims costs shall be deposited to the workers' compensation claims fund for the payment of workers' compensation benefits. (c) An agency which has exceeded its allocation amount shall reimburse SORM through interagency contracts. The amount to be reimbursed is determined by the amount of claims funds expenditures in excess of the agency's allocation and any applicable administrative costs incurred. (d) SORM shall send an affected agency an Interagency Transaction Voucher and a notification of any amount due for reimbursement to SORM. (e) The funds to be used by an agency in making any reimbursement to SORM, due to an agency exceeding its allocated amount, shall come from the affected agency's regular appropriated funds. (1) During the first biennium that the allocation program is in effect, an agency's reimbursement for claims costs and administrative costs incurred is limited to a maximum of 50% of its original allocation amount. (2) After the first biennium, an agency must reimburse SORM for all claims costs and administrative costs incurred. (f) An agency's reimbursement to SORM, made pursuant to the provision of the Appropriations Act regarding Workers' Compensation Reimbursements, is not affected by the allocation program. In the event that an agency exceeds its allocation amount, the agency shall reimburse SORM its reimbursement as required by the Appropriation Act and the additional reimbursement due under the allocation program. In no event shall the agency's total reimbursement to SORM from regularly appropriated funds total more than 100% of claims costs. Any reimbursement for workers' compensation claims costs to the general revenue fund, in accordance with the Appropriation Act, shall not be considered to be a reimbursement to SORM. sec.251.506.Retention of Savings by State Agencies. (a) If an agency's workers' compensation claims expenditures are less than its allocated amount for the biennium, the agency shall be permitted to retain a portion of its savings subject to the discretion of SORM. SORM will review the following factors in order to determine the amount of savings to be retained: (1) the availability of workers' compensation claims funds for reimbursement; and (2) the percentage of savings in relation to the agency's allocation amount. (b) The SORM Executive Director shall determine the amount of savings to be retained by an agency after consideration of the factors listed in subsection (a)(1) and (2) of this section. (c) SORM shall notify the affected agency of any amount to be retained by the agency. The affected agency shall then forward an Interagency Transaction Voucher to SORM in order to facilitate transfer of any funds. (d) Any reimbursement to the state agency, as determined by SORM, will be made pursuant to the interagency contract. 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 August 31, 1998. TRD-9813778 Albert Betts, Jr. General Counsel State Office of Risk Management Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 936-1503 TITLE 34. PUBLIC FINANCE PART IV. Employees Retirement System of Texas CHAPTER 63.Board of Trustees 34 TAC sec.63.4 The Employees Retirement System of Texas (ERS) proposes an amendment to sec.63.4, concerning the election of trustees and ballot distribution. The amendment is being proposed to clarify the manner by which ballots will be distributed to employees and retirees. Mr. William S. Nail, Deputy Executive Director and General Counsel of the ERS, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Mr. Nail has also determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be clarification of how trustee election ballots will be distributed to employees and retirees. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed. Comments on the proposal may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207 or e-mail Mr. Nail at wnail@ers.state.tx.us. The amendment is proposed under Government Code sec.sec.815.003 and 815.102, which provides authorization for the board to adopt rules necessary to nominate and elect trustees and to carry out other business of the board. Government Code sec.815.003 is affected by this proposed amendment. sec.63.4.Election of Trustees (Ballot). (a)-(d) (No change.) (e) The system/election administrator will, at least 25 calendar days in advance of the return due date established by the trustees, mail ballots to eligible voters in the manner currently used for annual distribution of the summary of benefit
                                                [individual system] statements and annuitant correspondence
                                                  . Each such ballot will contain the printed name of the eligible voter for whose use it is intended. The system/election administrator will, simultaneously, mail 200 ballots without preprinted names to each candidate. (f)-(i) (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 September 2, 1998. TRD-9813961 Sheila W. Beckett Executive Director Employees Retirement System of Texas Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 867-3336 CHAPTER 65.Executive Director 34 TAC sec.65.3 The Employees Retirement System of Texas (ERS) proposes amendments to sec.65.3, concerning records of the system. The amendment is being proposed to update the current charges for copies of public information. Mr. William S. Nail, Deputy Executive Director and General Counsel of the ERS, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Mr. Nail has also determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be an accurate price schedule for the cost of copying public information. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed. Comments on the proposed amendment may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78701-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us. The amendment is proposed under Government Code sec.815.102, which provides authorization for the board to adopt rules necessary to carry out other business of the board. Government Code sec.815.102 is affected by this proposed amendment. sec.65.3.Records of the System. (a)-(b) (No change.) (c) The following guidelines are established for charges to be made for providing public information and copies of public information in the possession of the system. (1) (No change.) (2) Nonstandard-size paper copy- (A) (No change.) (B) Magnetic tape[-$10.00 each.] (i)
                                                    4 mm.-- $13.50 each; (ii)
                                                      8 mm.--$12.00 each; (iii)
                                                        9-track--$11.00 each; (C)-(D) (No change.) (E) Oversized
                                                          paper copy - $.50 each; [(F) Other - actual cost.] (F) Tape Cartridge: (i)
                                                            250 MB--$38.00 each; (ii)
                                                              525 MB--$45.00 each; (G)
                                                                Mylar (36-inch, 42-inch, and 48-inch) (i)
                                                                  3 mil.--$.85/linear foot; (ii)
                                                                    4 mil.--$1.10/linear foot; (iii)
                                                                      5 mil.--$1.35/linear foot; (H)
                                                                        Other - actual cost. (3) Personnel charge[-$15.00 per hour.] (A)
                                                                          Programming personnel - $26 per hour; (B)
                                                                            Other personnel - $15.00 per hour. (4)-(6) (No change.) (7) Computer resource charge- (A)-(B) (No change.) (C) Client/server-$2.20 per hour
                                                                              [minute]. (D) PC or LAN-$1.00 per hour
                                                                                [minute]. [(8) Programming time charge-$26.00 per hour.] (8)
                                                                                  [(9)] Miscellaneous supplies-actual cost. (9)
                                                                                    [(10)] Postage and shipping charge-actual cost. [(11) Fax charge-] [(A) Local-$.10 per page.] [(B) Long distance, same area code-$.50 per page.] [(C) Long distance, different area code-$1.00 per page.] (10)
                                                                                      [(12)] Access to information in other than standard-size form where no copies are made and the information is not readily available-$15.00 per hour/personnel cost. (11)
                                                                                        Outsourced/contracted services - actual cost. (12)
                                                                                          No Sales Tax - No Sales Tax shall be applied to copies of public information. (13) (No change.) (d)-(e) (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 September 2, 1998. TRD-9813962 Sheila W. Beckett Executive Director Employees Retirement System of Texas Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 867-3336 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART IX. Texas Commission on Jail Standards CHAPTER 259. New Construction Rules The Commission on Jail Standards proposes amendment to sec.259.115 and sec.259.216 concerning New Construction Rules to amend to delete the requirement for a designated line-up space. Jack E. Crump, 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 as a result of enforcing or administering the sections. Mr. Crump also has determined that for each year of the first five years the section is in effect the public benefits anticipated as a result of enforcing the section as proposed will be to allow the counties to utilize photo, video, or computerized line-up in lieu of lining inmates up against a wall for identification. 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 Lynn Weatherby, P.O. Box 12985, Austin, Texas, 78711, 512-463-5505. SUBCHAPTER B. New Maximum Security Design, Construction and Furnishing Requirements 37 TAC sec.259.115 The amendment is proposed under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. The statutes that are affected by this rule is Local Government Code, Chapter 351, 351.002 and 351.015. sec.259.115. Functions. Minimum space allocations shall provide for the following: (1)-(2) (No change.) (3) Support Services: (A)-(M) (No change.) (N)
                                                                                            library. [(N) line-up;] [(O) library.] (4) (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 August 28, 1998. TRD-9813690 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-5505 SUBCHAPTER C. New Lockup Design, Construction and Furnishing Requirements 37 TAC sec.259.216 The amendment is proposed under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. The statutes that are affected by this rule is Local Government Code, Chapter 351, 351.002 and 351.015. sec.259.216. Functions. Minimum space allocations shall provide for the following: (1)-(2) (No change.) (3) Support Services: (A)-(F) (No change.) [(G) line-up;] (4) (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 August 28, 1998. TRD-9813692 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-5505 CHAPTER 261. Existing Construction Rules The Commission on Jail Standards proposes amendments to sec.261.115 and sec.261.215 concerning Existing Construction Rules to amend to delete the requirement for a designated line-up space. Jack E. Crump, 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 as a result of enforcing or administering the sections. Mr. Crump also has determined that for each year of the first five years the section is in effect the public benefits anticipated as a result of enforcing the section as proposed will be to allow the counties to utilize photo, video, or computerized line-up in lieu of lining inmates up against a wall for identification. 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 Lynn Weatherby, P.O. Box 12985, Austin, Texas, 78711, 512-463-5505. SUBCHAPTER A. Existing Maximum Security Design, Construction and Furnishing Requirements 37 TAC sec.261.115 The amendment is proposed under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. The statutes that are affected by this rule is Local Government Code, Chapter 351, 351.002 and 351.015. sec.261.115. Functions. Minimum space allocations should provide for, but not be limited to: (1)-(2) (No change.) (3) Support/Services: (A)-(M) (No change.) (N)
                                                                                              library. [(N) line-up;] [(O) library.] (4) (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 August 28, 1998. TRD-9813691 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-5505 SUBCHAPTER B. Existing Lockup Design, Construction and Furnishing Requirements 37 TAC sec.261.215 The amendment is proposed under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. The statutes that are affected by this rule is Local Government Code, Chapter 351, 351.002 and 351.015. sec.261.215. Functions. Minimum space allocations should provide for, but not be limited to: (1)-(2) (No change.) (3) Support/Services: (A)-(F) (No change.) [(G) line-up;] (4) (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 August 28, 1998. TRD-9813693 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-5505 CHAPTER 300. Fees SUBCHAPTER A. Fees for Designated Services 37 TAC sec.300.6 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission on Jail Standards or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Commission on Jail Standards proposes to repeal sec.300.6 concerning Fees due to sec.300.2(4) having been previously added to include performance of technical assistance as designated services which are fee recoverable when provided for applicable facilities. Jack E. Crump, Executive Director, has determined that for the first five years 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. Crump also determined that for each year of the first five years the section is in effect the public benefits anticipated as a result of enforcing the section as proposed will be informing them as to what services the Commission provides and what services the Commission charges a fee for. There is 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 Lynn Weatherby, P.O. Box 12985, Austin, Texas 78711, 512-463-8089. The repeal is proposed under Government Code, Chapter 511 which provide the Texas Commission on Jail Standards with the authority to revise, amend, or change rules and procedures if necessary. The statutes that are affected by this rule are Local Government Code, Chapter 351, 351.002 and 351.015. sec.300.6. Consultant and Technical Assistance. 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 August 24, 1998. TRD-9813470 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART XX. Texas Workforce Commission CHAPTER 800. General Administration SUBCHAPTER A. General Provisions 40 TAC sec.sec.800.1-800.4 The Texas Workforce Commission (Commission) proposes new sec.sec.800.1-800.4 concerning General Provisions pertaining to definitions, Historically Underutilized Businesses and gifts. The purpose of the rules is to set forth the title and purpose of the subchapter, the definitions applicable to the chapter, the rules pertaining to Historically Underutilized Businesses (HUBs), and the ethics rules applicable to the Commission. New Subchapter A, General Provisions, is proposed as the location for rules sec.sec.800.1 - 800.4. New sec.800.1 sets forth the short title and purpose of the rules contained in this subchapter. New sec.800.2 sets forth the definitions applicable to this chapter. New sec.800.3 sets forth the provisions for assisting HUBs by incorporating by reference the General Services Commission rules regarding HUBs as directed by the 75th Legislature, Regular Session, House Bill 1 (General Appropriations Act) Art. IX, sec.124(5). New sec.800.4 incorporates by reference the Texas Ethics Commission's rules regarding gifts from persons appearing before or regulated by the Commission. The Texas Ethics Commission's rules are incorporated by reference pursuant to Texas Government Code sec.571.063, which requires each regulatory agency in the executive branch to develop rules limiting the acceptance of gifts or other benefits from persons appearing before or regulated by the agency, which must be at least as restrictive as the rules of the Texas Ethics Commission. Randy Townsend, Director of Finance, has determined that for each year of the first five years the rules will be in effect the following statements will apply: There are no additional estimated costs to the state and to local governments expected as a result of enforcing or administering the rules; There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules; There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules; There are no foreseeable implications relating to costs or revenue of the state or local government as a result of enforcing or administering the rules; and There are no probable economic costs to persons required to comply with the rules. John Moore, Assistant General Counsel, has determined that: There is no anticipated adverse impact on small businesses as a result of enforcing or administering the rules because the rules do not require anything more than that which is already required by statute, the General Services Commission, or the Texas Ethics Commission; and For each year of the first five years that the rules will be in effect, the public benefit expected as a result of the adoption of the proposed rules is to provide information to the public regarding the general provisions applicable to chapter 800 and to provide information regarding the rules pertaining to Historically Underutilized Businesses and ethics standards regarding gifts. Comments on the proposed rules may be submitted to John Moore, Assistant General Counsel, Texas Workforce Commission, 101 East 15th Street, Room 614, Austin, Texas, 78778-0001; telephone number (512) 463-3041. Comments may also be submitted via fax to (512) 463-2220 or e-mail at john.moore@twc.state.tx.us. Comments must be received by the Commission no later than thirty days after the date of publication of this proposal in the Texas Register. The new rules are proposed under Texas Labor Code, sec.301.061 and sec.302.021, which provides the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of the Commission programs; 75th Legislature, Regular Session, House Bill 1 (General Appropriations Act) Art. IX, sec.124(5), which requires all state agencies to adopt the General Services Commission rules regarding HUBs; and Texas Government Code sec.571.063, which requires each regulatory agency in the executive branch to develop rules limiting the acceptance of gifts or other benefits from persons appearing before or regulated by the agency, which must be at least as restrictive as the rules of the Texas Ethics Commission. The proposed rules affect Texas Labor Code Title 2 and 4; 1 TAC Chapter 111, relating to the Historically Underutilized Business Certification Program and Texas Government Code Chapter 571 relating to the Texas Ethics Commission. sec.800.1. Short Title and Purpose. These rules may be cited as the General Provisions Rules. The purpose of this subchapter is to set forth the general provisions applicable to the Commission. sec.800.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Commission -- The Texas Workforce Commission sec.800.3. Historically Underutilized Businesses. (a) The Commission is committed to assisting Historically Underutilized Businesses (HUBs) as defined in Texas Government Code sec.2161.001, Definitions, in their efforts to participate in contracts to be awarded by the Commission. This includes assisting HUBs to meet or exceed the procurement utilization goals set forth in the Texas Administrative Code at 1 TAC Chapter 111 (relating to Executive Administration Division) incorporated herein by reference. Chapter 111 was promulgated by the General Services Commission and sets out the State's Historically Underutilized Business Certification Program. (b) The Commission shall take positive steps to inform HUBs of opportunities to provide identified state services that it determines may better be provided through a competitive process. sec.800.4. Gifts. The Commission shall adhere to the Texas Ethics Commission's rules relating to the acceptance of gifts or other benefits from persons appearing before or regulated by the Commission pertaining to the Commission officers and employees and as adopted by the Texas Ethics Commission at 1 TAC Part II. 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 September 4, 1998. TRD-9814065 J. Ferris Duhon Assistant General Counsel Texas Workforce Commission Earliest possible date of adoption: October 18, 1998 For further information, please call: (512) 463-8812