Volume 23 Number 15 April 10, 1998 ______Pages 3631-3764 This month’s front cover artwork: Artist: Brook Cruse 7th Grade Halthom Middle School

School children’s artwork has decorated the blank filler pages of the Texas Register since 1987. Teachers throughout the state submit the drawings for students in grades K- 12. The drawings dress up the otherwise gray pages of the Texas Register and introduce students to this obscure but important facet of state government. We will display artwork on the cover of each Texas Register. The artwork featured on the front cover is chosen at random. The artwork is published on what would otherwise be blank pages in the Texas Register. These blank pages are caused by the production process used to print the Texas Register. The artwork does not add additional pages to each issue and does not increase the cost of the Texas Register. For more information about the student art project, please call (800) 226-7199.

Texas Register, ISSN 0362-4781, is published weekly, 52 times a year. Issues will be published by the Office of the Secretary of State, 1019 Brazos, Austin, Texas 78701. Subscription costs: printed, one year $95, six month $75. Costs for diskette and online versions vary by number of users (see back cover for rates). Single copies of most issues for the current year are available at $7 per copy in printed or electronic format. Material in the Texas Register is the property of the State of Texas. However, it may be copied, reproduced, or republished by any person without permission of the Texas Register Director, provided no such republication shall bear the legend Texas Register or “Official” without the written permission of the director. The Texas Register is published under the Government Code, Title 10, Chapter 2002. Periodicals Postage is paid at Austin, Texas. POSTMASTER: Please send form 3579 changes to the Texas Register, P.O. Box 13824, Austin, TX 78711-3824.

a section of the Texas Administrative Code Office of the Secretary of State Dana Blanton P.O. Box 13824 John Cartwright Austin, TX 78711-3824 (800) 226-7199 Texas Register (512) 463-5561 Carla Carter FAX (512) 463-5569 Ann Franklin http://www.sos.state.tx.us Daneane Jarzombek Roberta Knight Secretary of State - Alberto R. Gonzales Kelly Ramsey Becca Williams Director - Dan Procter Assistant Director - Dee Wright Circulation/Marketing Jill S. Ledbetter Receptionist - Tricia Duron Liz Stern ATTORNEY GENERAL 40 TAC §§700.401–700.413 ...... 3668 Requests...... 3639 Automobile Theft Prevention Authority PROPOSED RULES Automobile Theft Prevention Authority Texas Department of Agriculture 43 TAC §§57.53–57.56 ...... 3671 General Procedures WITHDRAWN RULES 4 TAC §1.300 ...... 3641 Texas Department of Agriculture Boll Weevil Eradication Program Boll Weevil Eradication Program 4 TAC §3.114 ...... 3642 4 TAC §3.114 ...... 3675 4 TAC §3.300 ...... 3643 Teacher Retirement System of Texas Texas State Library and Archives Commission General Administration TexShare Library Consortium 34 TAC §51.1 ...... 3675 13 TAC §§8.1–8.6...... 3644 ADOPTED RULES Board of Vocational Nurse Examiners Texas Department of Agriculture Contested Case Procedure Boll Weevil Eradication Program 22 TAC §239.19...... 3647 4 TAC §3.110 ...... 3677 Texas Real Estate Commission Texas State Library and Archives Commission Provisions of the Real Estate License Act General Policies and Procedures 22 TAC §535.223 ...... 3647 13 TAC §§2.11, 2.60–2.64...... 3677 Comptroller of Public Accounts Texas Department of Licensing and Regulation Funds Management (Fiscal Affairs) Staff Leasing Services 34 TAC §5.22 ...... 3649 16 TAC §§72.1, 72.10, 72.20, 72.70, 72.71, 72.80-72.83, 72.90 3678 34 TAC §5.46 ...... 3650 16 TAC §§72.21, 72.22, 72.60, 72.91 ...... 3679 Texas Youth Commission Texas Motor Vehicle Board Youth Discipline Advertising Rules 37 TAC §95.3, §95.15...... 3653 16 TAC §§105.25, 105.26...... 3679 Private Sector Prison Industries Oversight Authority 16 TAC §105.26...... 3681 General Provisions Texas Real Estate Commission 37 TAC §§245.10-245.13, 245.20-245.24, 245.30, 245.40, 245.41 Provisions of the Real Estate License Act 3654 22 TAC §§535.1–535.4 ...... 3681 Texas Juvenile Probation Commission 22 TAC §§535.12, 535.14.–535.17, 535.20...... 3682 Standards for Child Abuse and Neglect Investigations in Secure Juvenile Facilities 22 TAC §§535.31, 535.33...... 3682 22 TAC §535.41...... 3682 37 TAC §§349.101–349.119 ...... 3657 22 TAC §§535.51–535.53, 535.61, 535.62, 535.66, 535.68, 37 TAC §§349.501–349.508 ...... 3662 535.70...... 3682 Texas Department of Human Services Texas Department of Mental Health and Mental Retarda- Continuing Education tion 40 TAC §§77.1–77.5, 77.9–77.12...... 3665 System Administration 40 TAC §§77.10–77.15 ...... 3665 25 TAC §§401.551-401.565...... 3683 Texas Department of Protective and Regulatory Services Standards and Quality Assurance Child Protective Services 25 TAC §§408.1-408.10...... 3684

TABLE OF CONTENTS 23 TexReg 3633 25 TAC §§408.51-408.63...... 3684 Board of Nurse Examiners...... 3718 25 TAC §§408.151-408.164...... 3684 OPEN MEETINGS Local Authority Responsibilities Texas State Board of Public Accountancy 25 TAC §§412.351-412.373...... 3685 Thursday, April 9, 1998, 10:00 a.m...... 3719 Teacher Retirement System of Texas State Office of Administrative Hearings Benefits Monday, April 6, 1998, 10:00 a.m...... 3719 34 TAC §29.21 ...... 3697 Tuesday, April 7, 1998, 10:00 a.m...... 3719 Insurance Texas Department of Agriculture 34 TAC §41.12 ...... 3697 Wednesday, April 8, 1998, 10:30 a.m...... 3720 General Administration Thursday, April 9, 1998, 8:00 a.m...... 3720 34 TAC §51.1 ...... 3698 Thursday, April 9, 1998, 11:00 a.m...... 3720 Texas Department of Human Services State Aircraft Pooling Board Income Assistance Services Thursday, April 9, 1998, 10:00 a.m...... 3720 40 TAC §3.2302...... 3698 Texas Alternative Fuels Council 40 TAC §3.7002...... 3699 Friday, April 3, 1998, 10:00 a.m...... 3721 Texas Workforce Commission State Cemetery Committee General Administration Tuesday, April 7, 1998, 10:00 a.m...... 3721 40 TAC §§800.251–800.255 ...... 3700 Children’ Trust Fund of Texas Council Job Opportunities and Basic Skills Monday, April 6, 1998, 9:30 a.m...... 3721 40 TAC §§811.1-811.5, 811.10-811.23, 811.60...... 3711 Office of Court Administration Choices Thursday, April 16, 1998, 8:00 a.m...... 3722 40 TAC §811.1, §811.2...... 3711 Texas Court Reporters Certification Board 40 TAC §§811.11-811.20...... 3712 Saturday, April 4, 1998, 9:00 a.m...... 3722 40 TAC §§811.31-811.34...... 3713 Credit Union Department 40 TAC §§811.41-811.45...... 3713 Thursday, April 16, 1998, 2:00 p.m...... 3722 40 TAC §§811.61-811.65...... 3714 Friday, April 17, 1998, 10:00 a.m...... 3722 40 TAC §§811.81-811.87...... 3715 Texas Department of Criminal Justice 40 TAC §811.101 ...... 3715 Thursday, April 9, 1998, 8:00 a.m...... 3723 RULE REVIEW Texas School for the Deaf Proposed Rule Reviews April 3, 1998, 8:30 a.m...... 3723 Office of the Texas State Chemist/Texas Feed and Fertilizer Control April 3, 1998, 10:30 a.m...... 3723 Service ...... 3717 April 3, 1998, 1:00 p.m...... 3723 Agency Rule Review Plans Texas Department of Economic Development Texas State Board of Examiners of Psychologists...... 3717 Tuesday, April 7, 1998, 2:00 p.m...... 3724 Texas Department of Economic Development...... 3717 State Board for Educator Certification Office of the Governor – Criminal Justice Division...... 3717 Friday, April 3, 1998, 11:30 a.m...... 3724 Board for Lease of University Lands...... 3717 State Employee Charitable Campaign Texas Department of Transportation – Motor Vehicle Board...... 3717 Wednesday, April 15, 1998, 9:00 a.m...... 3724 Board of Vocational Nurse Examiners...... 3717 Texas Commission on Fire Protection Texas Education Agency...... 3718 Wednesday-Friday, April 8–10, 1998, 9:00 a.m...... 3724

TABLE OF CONTENTS 23 TexReg 3634 General Land Office Thursday, April 9, 1998, 9:00 a.m...... 3731 Tuesday, April 7, 1998, 10:00 a.m...... 3725 Texas Department of Licensing and Regulation Tuesday, April 7, 1998, 3:00 p.m...... 3725 Tuesday, April 7, 1998, 9:00 a.m...... 3731 Texas Department of Health Tuesday, April 7, 1998, 9:00 a.m...... 3732 Friday, April 3, 1998, 8:00 a.m...... 3726 Tuesday, April 7, 1998, 9:00 a.m...... 3732 Friday, April 3, 1998, 9:30 a.m...... 3726 Wednesday, April 8, 1998, 9:00 a.m...... 3732 Thursday, April 9, 1998, 10:00 a.m...... 3726 Monday, April 13, 1998, 1:30 p.m...... 3732 Thursday, April 9, 1998, 1:30 p.m...... 3726 Wednesday, April 22, 1998, 9:30 a.m...... 3733 Thursday, April 16, 1998, 9:00 a.m...... 3726 Wednesday, April 22, 1998, 1:00 p.m...... 3733 Texas Health Care Information Council Thursday, April 23, 1998, 9:30 a.m...... 3733 Tuesday, April 7, 1998, 1:00 p.m...... 3726 Texas State Board of Medical Examiners Texas Healthy Kids Corporation (“THKC”) Thursday, April 2, 1998, 9:00 a.m., Saturday April 4, 1998, 8:30 a.m...... 3734 Friday, April 17, 1998, 9:30 a.m...... 3727 Thursday, April 2, 1998, 10:00 a.m...... 3734 Texas Higher Education Coordinating Board Thursday, April 2, 1998, 10:00 a.m...... 3734 Wednesday, April 8, 1998, 12:00 p.m...... 3727 Thursday, April 2, 1998, 1:00 p.m...... 3734 Monday, April 13, 1998, 1:00 p.m...... 3727 Thursday, April 2, 1998, 1:00 p.m...... 3735 Wednesday, April 22, 1998, 3:00 p.m...... 3727 Friday, April 3, 1998, 8:30 a.m...... 3735 Thursday, April 23, 1998, 8:30 a.m...... 3728 Friday, April 3, 1998, 9:15 a.m...... 3735 Thursday, April 23, 1998, 9:15 a.m...... 3728 Friday, April 3, 1998, 10:00 a.m...... 3735 Thursday, April 23, 1998, 10:00 a.m...... 3728 Friday, April 3, 1998, 10:30 a.m...... 3735 Thursday, April 23, 1998, 11:00 a.m...... 3728 Friday, April 3, 1998, 11:00 a.m...... 3736 Thursday, April 23, 1998, 11:45 a.m...... 3728 Friday, April 3, 1998, 11:30 a.m...... 3736 Thursday, April 23, 1998, 1:00 p.m...... 3728 Friday, April 3, 1998, 1:30 p.m...... 3736 Thursday, April 23, 1998, 1:30 p.m...... 3728 Friday, April 3, 1998, 2:30 p.m...... 3736 Thursday, April 23, 1998, 2:15 p.m...... 3729 Friday, April 3, 1998, 3:00 p.m...... 3737 Thursday, April 23, 1998, 2:30 p.m...... 3729 Friday, April 3, 1998, 3:30 p.m...... 3737 Thursday, April 23, 1998, 3:30 p.m...... 3729 Texas Natural Resource Conservation Commission Friday, April 24, 1998, 8:30 a.m...... 3729 Friday, April 3, 1998, 12:30 p.m...... 3737 Texas Commission on Human Rights Wednesday, April 8, 1998, 8:30 A.M...... 3737 Thursday, April 9, 1998, 9:00 a.m...... 3729 Monday, April 13, 1998, 10:00 a.m...... 3737 Texas Department of Insurance (“TDI”) Tuesday, April 14, 1998, 10:00 a.m...... 3738 Thursday, April 2, 1998, 10:00 a.m...... 3729 Wednesday, April 15, 1998, 10:00 a.m...... 3738 Wednesday, April 8, 1998, 9:30 a.m...... 3730 Monday, April 20, 1998, 10:00 a.m...... 3738 Thursday, April 9, 1998, 2:00 p.m...... 3730 Thursday, April 23, 1998, 10:00 a.m...... 3738 Friday, April 17, 1998, 9:00 a.m...... 3730 Friday, May 1, 1998, 10:00 a.m...... 3738 Wednesday, April 22, 1998, 9:30 a.m...... 3730 Monday, May 4, 1998, 10:00 a.m...... 3739 Friday, April 24, 1998, 9:30 a.m...... 3731 Monday, May 11, 1998, 10:00 a.m...... 3739 Board of Law Examiners Tuesday, May 12, 1998, 10:00 a.m...... 3739 Friday, April 17, 1998, Noon...... 3731 Thursday, May 21, 1998, 10:00 a.m...... 3739 Texas Legislative Reference Library Board of Nurse Examiners

TABLE OF CONTENTS 23 TexReg 3635 Friday, April 17, 1998, 10:00 a.m...... 3739 University of Houston System Texas Parks and Wildlife Department Monday, March 30, 1998, 8:00 a.m...... 3745 Wednesday, April 15, 1998, 9:00 a.m...... 3740 University Interscholastic League Wednesday, April 15, 1998, 9:00 a.m...... 3740 Monday, April 6, 1998, 1:00 p.m...... 3745 Wednesday, April 15, 1998, 9:00 a.m...... 3740 The University of Texas System Wednesday, April 15, 1998, 9:00 a.m...... 3740 Tuesday, April 7, 1998, 9:30 a.m...... 3745 Wednesday, April 15, 1998, 9:00 a.m...... 3740 Tuesday, April 7, 1998, 1:00 p.m...... 3745 Wednesday, April 15, 1998, 7:00 p.m...... 3740 Texas Council on Workforce and Economic Competitive- Thursday, April 16, 1998, 9:00 a.m...... 3740 ness Texas State Board of Pharmacy Tuesday, April 7, 1998, 10:00 a.m...... 3745 Saturday, April 18, 1998, 8:00 a.m...... 3741 Texas Workforce Commission Saturday, April 25, 1998, 9:00 a.m...... 3741 Tuesday, April 7, 1998, 9:00 a.m...... 3746 Executive Council of PT and OT Examiners Regional Meetings Monday, April 6, 1998, 9:30 a.m...... 3741 IN ADDITION Public Utility Commission of Texas Texas Department of Agriculture Friday, April 3, 1998, 8:30 a.m...... 3741 Notice of Public Hearing...... 3749 Tuesday, April 7, 1998, 9:00 a.m...... 3742 Notice of Reopening of Comment Period...... 3749 Texas Residential Property Insurance Market Assistance Office of the Attorney General Program Notice of Public Hearing ...... 3749 Wednesday, April 8, 1998, 9:30 a.m...... 3742 Coastal Coordination Council Stephen F. Austin State University Notice and Opportunity to Comment on Requests...... 3749 Monday, March 30, 1998, 2:00 p.m...... 3742 Office of Consumer Credit Commissioner Board of Tax Professional Examiners Notice of Rate Ceilings ...... 3750 Tuesday, April 14, 1998, 9:30 a.m...... 3742 Texas Credit Union Department Wednesday, April 15, 1998, 10:00 a.m...... 3742 Application(s) for a Merger or Consolidation ...... 3750 Wednesday, April 15, 1998, 10:00 a.m...... 3743 Office of the Governor Telecommunications Planning Group Consultant Proposal Award...... 3751 Friday, April 10, 1998, 10:00 a.m...... 3743 Texas Department of Health Texas Southern University Designation of Jesse R. Dawson State Jail as Site Serving Medically Thursday, April 16, 1998, 10:00 a.m., rescheduled from April 2, Underserved Populations...... 3751 1998...... 3744 Notice of Request for Pricing Information for Durable Medical Thursday, April 16, 1998, 11:15 a.m., rescheduled from April 2, Equipment ...... 3751 1998...... 3744 Texas Department of Human Services Thursday, April 16, 1998, 12:30 p.m., rescheduled from April 2, 1998...... 3744 Notice of Intent to Contract for Family Violence Nonresidential Services ...... 3752 Thursday, April 16, 1998, 1:15 p.m., rescheduled from April 2, 1998...... 3744 Texas Department of Insurance Thursday, April 16, 1998, 2:15 p.m., rescheduled from April 2, Insurer Services ...... 3752 1998...... 3744 Notices...... 3752 Friday, April 17, 1998, 8:30 a.m...... 3744 Notice of Issuance of Revised Request for Proposals...... 3753 Texas Department of Transportation Texas Department of Mental Health and Mental Retarda- Monday, April 20, 1998, 9:30 a.m...... 3744 tion

TABLE OF CONTENTS 23 TexReg 3636 Notice to Bidders ...... 3753 Notice of Application For Service Provider Certificate of Operating Authority ...... 3761 Notification of Public Hearings ...... 3753 Notice of Intent to File Customer-Specific Contract Pursuant to Public Texas Natural Resource Conservation Commission Utility Commission Substantive Rule 23.27(c) ...... 3761 Correction of Errors...... 3754 Notice of Intent To File Customer-Specific Contract Pursuant To Extension of Comment Period...... 3754 Public Utility Commission Substantive Rule 23.27(C)...... 3761 Notice of Applications for Waste Disposal/Discharge Permits...3754 Notice of Intent to File Customer-Specific Contract Pursuant to P.U.C. Substantive Rule §23.27(C)...... 3761 Notice of Application...... 3755 Public Notices of Interconnection Agreement ...... 3762 Notice of Opportunity to Comment on Default Orders of Adminis- trative Enforcement Actions...... 3756 Sunset Advisory Commission Notice of Opportunity to Comment on Settlement Agreements of Notice of Consultant Contract Award...... 3763 Administrative Enforcement Actions...... 3756 Texas Department of Transportation Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions...... 3758 Correction of Errors...... 3763 North Central Texas Council of Governments Public Notice...... 3763 Notice of Consultant Contract Award...... 3760 Texas Water Development Board North Texas Local Workforce Development Board Applications Received...... 3763 JTPA Request for Proposal...... 3760 Texas Workers Compensation Commission Public Utility Commission of Texas Correction of Errors...... 3764 Notice of Application For Amendment To Service Provider Certificate Texas Youth Commission of Operating Authority ...... 3760 Psychiatrist Services Sought...... 3764 Notice Of Application For Service Provider Certificate Of Operating Authority ...... 3760

TABLE OF CONTENTS 23 TexReg 3637 ATTORNEY GENERAL Under provisions set out in the Texas Constitution, the Texas Government Code, Title 4, §402.042 and numerous statutes, the attorney general is authorized to write advisory opinions for state and local officials. These advisory opinions are requested by agencies or officials when they are confronted with unique or unusually difficult legal questions. The attorney general also determines, under authority of the Texas Open Records Act, whether information requested for release from governmental agencies may be held from public disclosure. Requests for opinions, opinions, and open record decisions are summarized for publication in the Texas Register. The Attorney General responds to many requests for opinions and open records decisions with letter opinions. A letter opinion has the same force and effect as a formal Attorney General Opinion, and represents the opinion of the Attorney General unless and until it is modified or overruled by a subsequent letter opinion, a formal Attorney General Opinion, or a decision of a court of record. To request copies of opinions, phone (512) 462-0011. To inquire about pending requests for opinions, phone (512) 463-2110. Requests 200 Waco, Texas 76701, concerning authority of a county bail bond board to regulate the use of assumed names. RQ-1102. Request from The Honorable Fred Hill Chair, Committee on Urban Affairs Texas House of Representatives P.O. Box 2910, RQ-1107. Request from The Honorable Thomas M. Goff Tom Green Capitol Station Austin, Texas 78768-2910, concerning whether a County Attorney 112 West Beauregard San Angelo, Texas 76903, municipality may expend interest derived from the hotel occupancy concerning whether an elected county official who is a member of tax for general revenue purposes. a salary grievance committee may vote on a matter pertaining to himself. RQ-1103. Requested by: The Honorable Michael P. Fleming Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002- RQ-1108. Request from The Honorable Sherry L. Robinson Criminal 1891, concerning whether an individual may simultaneously serve as District Attorney, Waller County 836 Austin, Street, Suite 105 municipal judge and as a director of the Gulf Coast Waste Disposal Hempstead, Texas 77445, concerning whether a county may repair a Authority, and related question. municipal road that is an integral link in the county road system. RQ-1104. Request from The Honorable Ron Lewis Chair, Committee RQ-1109. Request from The Honorable Delma Rios Kleberg on County Affairs Texas House of Representatives P.O. Box 2910, County Attorney P.O. Box 1411, Kingsville, Texas 78364, concerning Austin, Texas 78768-2910, concerning constitutionality of §49.072, authority of a county to contract with a volunteer fire department. Water Code, which provides for automatic removal of a general law RQ-1110. Request from John Maline Executive Director, Executive water district director who becomes a candidate for another office, Council of Physical Therapy and Occupational Therapy Examiners, and related questions. 333 Guadalupe, Suite 2-510, Austin, Texas 78701-3942, concerning RQ-1105. Request from Ms. Catherine Ghiglieri Commissioner, whether a member of the Board of Physical Therapy Examiners may Texas Department of Banking 2601 North Lamar Boulevard Austin, serve as an officer in a trade association. Texas 78705-4294, concerning applicability of the Public Funds TRD-9804560 Investment Act, Chapter 2256, Government Code, to various funds held by the Department of Banking. RQ-1106. Request from The Honorable John W. Segrest Criminal District Attorney, McLennan County 219 North Sixth Street, Suite

ATTORNEY GENERAL April 10, 1998 23 TexReg 3639 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 text being underlined. [Brackets] and strike-through of text indicates deletion of existing material within a section. TITLE 4. AGRICULTURE Mr. Burns also has determined that for each year of the first five years the repeal and new section are in effect the Part I. Texas Department of Agriculture public benefit anticipated as a result of enforcing the proposal will be increased coordination and communication between the Chapter 1. General Procedures Texas Department of Agriculture and the Texas Department of Economic Development with regard to program planning Subchapter G. Interagency Agreements and budgeting related to economic development. Further, joint economic development efforts may result in a wider panoply 4 TAC §1.300 of services for the public. There will be no effect on small (Editor’s note: The text of the following section proposed for repeal businesses. No economic costs are anticipated to persons who will not be published. The section may be examined in the offices of are required to comply with the repeal and new section. the Texas Department of Agriculture or in the Texas Register office, Comments on the proposal may be submitted to DeWayne Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) Burns, Coordinator for Special Issues, Texas Department of The Texas Department of Agriculture (the department) proposes Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments the repeal of §1.300, concerning the department’s memoran- must be received no later than 30 days from the date of dum of understanding with the Texas Department of Commerce, publication of the proposal in the Texas Register . and new §1.300, concerning the memorandum of understand- The repeal is proposed under the Texas Agriculture Code, ing among the department, the Texas Agricultural Finance Au- §12.016, which provides the Texas Department of Agriculture thority and the Texas Department of Economic Development, with general rulemaking authority; and the Texas Government formerly the Texas Department of Commerce. The Texas Gov- Code, §481.028(d), which directs that the memorandum of un- ernment Code, §481.028, enacted by the 73rd Legislature, re- derstanding between the Texas Department of Agriculture and quired that the Texas Department of Commerce and the Texas the Texas Department of Economic Development be adopted Department of Agriculture enter into a memorandum of under- as a rule by both agencies. standing regarding each agency’s international marketing ef- forts and business finance programs. The Texas Government The Code affected by the repeal is the Texas Agriculture Code, Code, § 481.028, further directed that the memorandum of un- Chapters 12, 44, 45, 58, 59, 252, and 253. derstanding be adopted as a rule by the agencies. Changes §1.300. Memorandum of Understanding with the Texas Department made to the Texas Government Code, §481.028, during the of Commerce. 75th Legislature make it necessary to adopt a new memo- randum of understanding between the Texas Department of This agency hereby certifies that the proposal has been re- Agriculture and the Texas Department of Economic Develop- viewed by legal counsel and found to be within the agency’s ment. The new section is proposed to implement §481.028, legal authority to adopt. as amended. The repeal of §1.300 is proposed to allow for Filed with the Office of the Secretary of State, on March 24, the adoption of a new memorandum of understanding in accor- 1998. dance with §481.028. TRD-9804180 Mr. DeWayne Burns, Coordinator for Special Issues, has determined that for the first five-year period the repeal and new Dolores Alvarado Hibbs section are in effect there will be no fiscal implications for state Deputy General Counsel or local government as a result of enforcing or administering the Texas Department of Agriculture rule. Earliest possible date of adoption: May 10, 1998 For further information, please call: (512) 463–7541

PROPOSED RULES April 10, 1998 23 TexReg 3641 ♦♦♦ (5) The Texas Department of Economic Development will cooperate and assist in marketing and promoting the finance The new section is proposed under the Texas Agriculture Code, programs administered by the Texas Agricultural Finance Authority. §12.016, which provides the Texas Department of Agriculture TDED will also coordinate all regional economic planning for the with general rulemaking authority; and the Texas Government state and will include TDA and TAFA where applicable. Code, §481.028(d), which directs that the memorandum of un- derstanding between the Texas Department of Agriculture and (6) The Texas Department of Economic Development the Texas Department of Economic Development be adopted will coordinate all non-agricultural business development, marketing as a rule by both agencies. and finance activities, so as to best utilize the agency’s expertise. The Code affected by the proposal is the Texas Agriculture (7) The Texas Department of Agriculture, the Texas Agri- Code, Chapters 12, 44, 45, 58, 252, and 253. cultural Finance Authority and the Texas Department of Economic Development will cooperate to foster economic development in Texas. §1.300. Memorandum of Understanding Among the Texas Depart- ment of Agriculture, the Texas Agricultural Finance Authority and the (c) Terms of the Agreement: This memorandum of under- Texas Department of Economic Development. standing, which is effective upon execution by the representatives of each agency, shall terminate August 31, 1999, unless extended by (a) Purpose. mutual agreement of the parties. (1) The purpose of this memorandum of understanding This agency hereby certifies that the proposal has been re- is to meet the legislative mandates pursuant to the Texas Government viewed by legal counsel and found to be within the agency’s Code §481.028(b)(1) and (b)(12), relating to increasing the coopera- legal authority to adopt. tion, coordination and sharing of economic development responsibil- ities between the Texas Department of Agriculture (TDA), the Texas Filed with the Office of the Secretary of State, on March 24, Agricultural Finance Authority (TAFA) and the Texas Department of 1998. Economic Development (TDED). TRD-9804181 (2) Section 481.028(b)(1) requires a memorandum of Dolores Alvarado Hibbs understanding between the Texas Department of Agriculture and the Deputy General Counsel Texas Department of Economic Development regarding the respective Texas Department of Agriculture agencies’ international marketing and business finance programs. Earliest possible date of adoption: May 10, 1998 Section 418.028(b)(12) requires a memorandum of understanding For further information, please call: (512) 463–7541 between the Texas Agriculture Finance Authority and the Texas Department of Economic Development regarding the marketing of ♦♦♦ the TAFA programs. Chapter 3. Boll Weevil Eradication Program (b) Mutual Responsibilities: To efficiently serve the citizens of Texas and promote economic growth in the agricultural industry, Subchapter E. Creation of Eradication Zones the agencies involved in this memorandum agree to cooperate in the following areas. 4 TAC §3.114 (1) The Texas Department of Agriculture will coordinate The Texas Department of Agriculture (the department) proposes international marketing and business development programs involved new §3.114, concerning the creation of a nonstatutory boll wee- in livestock, food, fiber, horticulture, forestry and other related vil eradication zone. The new section is proposed to establish agricultural industries in order to utilize the best available expertise. a new nonstatutory boll weevil eradication zone consisting of counties not currently located in a statutory zone created under (2) The Texas Department of Economic Development Chapter 74, Subchapter D, §74.1021. New §3.114 proposes, will forward appropriate requests for assistance in these areas to TDA upon the request of the Blacklands Area Boll Weevil Advisory for lead facilitation. TDA will engage the assistance of the Texas Committee, the designation of the Southeastern Blacklands Boll Department of Economic Development where applicable. Weevil Eradication Zone, in accordance with the Texas Agricul- (3) The Texas Agricultural Finance Authority, with the ture Code, §74.1042. This proposed new section replaces the administrative assistance of the Texas Department of Agriculture, will proposal published in the Texas Register on March 27, 1998 administer its finance programs involving agriculture, horticulture, (23 TexReg 3143). That proposal has been withdrawn by the and related industries so as to best utilize the expertise of the agency. department. The Texas Department of Economic Development will forward all Katie Dickie Stavinoha, special assistant for producer relations, requests for assistance in these areas to TDA and/or TAFA for has determined that for the first five-year period the section business development assistance. is in effect there will be no fiscal implications for state or local (4) Neither the Texas Department of Agriculture nor the government as a result of enforcing or administering the section. Texas Agricultural Finance Authority will duplicate the current fee- Ms. Stavinoha also has determined that for each year of based services of the Texas Department of Economic Development. the first five years the section is in effect the public benefit These services include but are not limited to loan packaging, anticipated as a result of enforcing the sections will be the ability feasibility studies or credit analysis. TDA and TAFA will perform to address cotton growers’ desires to have efficient, responsive credit analysis as it relates to projects seeking participation in any eradication zones to facilitate boll weevil eradication in Texas. of the programs administered by TAFA. TDED will coordinate There will be no effect on small businesses. The anticipated with TDA on any loan packaging or feasibility studies relating to economic cost to persons who will be required to comply with agriculture but not specifically using TDA or TAFA programs. the new sections, as proposed, is not determinable at this time. If the proposed zone is designated as an eradication

23 TexReg 3642 April 10, 1998 Texas Register program and an assessment is approved by the zone’s cotton Lawrence Cotton Growers Association, proposes the transfer growers, those cotton growers will be assessed annually to of a portion of Glasscock County from the St. Lawrence Boll cover costs of an eradication program in that zone. The Weevil Eradication Zone to the Permian Basin Boll Weevil costs to individual growers will depend on voter approval of Eradication Zone, in accordance with the Texas Agriculture an eradication program and assessment, and the amount of Code, §74.108(b). The transfer is proposed because the the assessment established for the zone once a program is geographical and entmological similarities between the area approved. proposed to be transferred and the Permian Basin Zone would allow for a more appropriate eradication program for the area. Comments on the proposal may be submitted to Katie Dickie Stavinoha, Special Assistant for Producer Relations, P.O. Box Katie Dickie Stavinoha, special assistant for producer relations, 12847, Austin, Texas 78711, and must be received no later than has determined that for the first five-year period the section 30 days from the date of the publication of this proposal in the is in effect there will be no fiscal implications for state or local Texas Register. government as a result of enforcing or administering the section. The new section is proposed under the Texas Agriculture Code, Ms. Stavinoha also has determined that for each year of the first §74.1042, which provides the commissioner of agriculture with five years the section is in effect the public benefit anticipated the authority, by rule, to designate an area of the state as a as a result of enforcing the sections will be the ability to address proposed boll weevil eradication zone. cotton growers’ desires to have efficient, responsive eradication zones to facilitate boll weevil eradication in Texas. There will be The codes affected by the proposal are the Texas Agriculture no effect on small businesses. The anticipated economic cost Code, Chapter 74. to persons who will be required to comply with the new sections, §3.114. Southeastern Blacklands Boll Weevil Eradication Zone. as proposed, is not determinable at this time. If the proposed transfer is adopted, cotton growers in that portion of Glassock The Southeastern Blacklands Boll Weevil Eradication Zone shall County transferred to the Permian Basin zone will participate consist of the following area: all of Anderson, Brazos, Burleson, in a referendum that determines an eradication program in Freestone, Grimes, Harris, Houston, Leon, Liberty, Madison, Robert- that area. The costs to individual growers will depend on son, Walker, Camp, Wood, Upshur, Marion, Harrison, Gregg, Smith, voter approval of the proposed transfer and the amount of the Cherokee, Rusk, Panola, Shelby, Nacogdoches, San Augustine, assessment approved for the Permian Basin zone. Sabine, Angelina, Trinity, San Jacinto, Polk, Tyler, Jasper, Newton, Hardin, Orange, Jefferson, Chambers, Galveston and Washington Comments on the proposal may be submitted to Katie Dickie counties; that part of Limestone County south of Highway 84 from Stavinoha, Special Assistant for Producer Relations, P.O. Box the McLennan County line east to the Freestone County line; that 12847, Austin, Texas 78711, and must be received no later than part of Falls County east of the Brazos River from McLennan 30 days from the date of the publication of this proposal in the County south to Robertson County; that part of Milam County east Texas Register. of Highway 77 from the Lee County line to Highway 190 then north The new section is proposed under the Texas Agriculture Code, to Highway 36 to the intersection of FM 2095 then east until it §74.108(b), which provides the commissioner of agriculture with intersects FM 485, east to the intersection of FM 979 then north and the authority, by rule, to add an area to an eradication zone or east to the Robertson County line; and that part of Waller County transfer an area or county from one statutory zone to another. north of Highway 159 from the Austin County line north and east to Hempstead, then east on Highway 6/290 to the Harris County line. The codes affected by the proposal are the Texas Agriculture Code, Chapter 74. This agency hereby certifies that the proposal has been re- viewed by legal counsel and found to be within the agency’s §3.300. Glassock County. legal authority to adopt. (a) All of the following area located in Glassock County Filed with the Office of the Secretary of State, on March 24, is transferred from the statutorily designated St. Lawrence Boll 1998. Weevil Eradication Zone described at the Texas Agriculture Code, TRD-9804445 §74.1021(c) to the Permian Basin Boll Weevil Eradication Zone designated at §3.111 of this title (relating to Permian Basin Boll Dolores Alvarado Hibbs Weevil Eradication Zone): that part of Glassock County north of Deputy General Counsel State Highway 158 which includes T&P RR Co.(Texas & Pacific Texas Department of Agriculture Railroad Company): TWP (Township) 1-S, All block 35 & 36; T&P Earliest possible date of adoption: May 10, 1998 RR Co. TWP 2-S, All block 32, 35, 36, All Block 33 excluding For further information, please call: (512) 463–7541 Section 43; All block 34, excluding Section 44; T&P RR Co. TWP ♦♦♦ 3-S, Block 36, Sections 1-5, and 8-12; Block 35, Section 5-8; and all of RR Wade; and Blocks 29 and 30 of W&N RR Co. (Waco & Subchapter G. Transfer or Addition of Areas Northwestern Railroad Company). from One Eradication Zone to Another Zone (b) The transfer of the area of Glassock County described in paragraph (1) of this section to the Permian Basin Zone shall 4 TAC §3.300 be effective upon the passage of a grower referendum in that area The Texas Department of Agriculture (the department) proposes approving the transfer. new §3.300, concerning modification of boll weevil eradication This agency hereby certifies that the proposal has been re- zones. The new section is proposed to transfer an area from viewed by legal counsel and found to be within the agency’s one boll weevil eradication zone to another zone created under legal authority to adopt. Chapter 74, Subchapter D. New §3.300, upon the request of the Permian Basin Boll Weevil Steering Committee and the St.

PROPOSED RULES April 10, 1998 23 TexReg 3643 Filed with the Office of the Secretary of State, on March 24, Commission for inclusion in the publication "Texas Academic Library 1998. Statistics." TRD-9804444 (3) Commission – The Texas State Library and Archives Dolores Alvarado Hibbs Commission. Deputy General Counsel (4) Consortium – The TexShare Library Consortium. Texas Department of Agriculture Earliest possible date of adoption: May 10, 1998 (5) Director and Librarian – Chief executive and admin- For further information, please call: (512) 463–7541 istrative officer of the commission. ♦♦♦ (6) Internet connection–A combination of hardware, soft- ware and telecommunications services that allows a computer to com- TITLE 13. CULTURAL RESOURCES municate with any other computer on the worldwide network of net- works known as the Internet, and that adheres to the standard proto- Part I. Texas State Library and Archives cols listed in RFC 1920 or its current successor document. Commission (7) Request for Comments (RFC)–A version of an Inter- net specification, published as part of the "Request for Comments" Chapter 8. TexShare Library Consortium (RFC) document series, the official publication channel for Internet standards documents and other publications of the Internet Engineer- 13 TAC §§8.1–8.6 ing Steering Group, Internet Architecture Board, and Internet com- The Texas State Library and Archives Commission proposes munity. new §§8.1- 8.6. The new sections establish policies to govern §8.2. Purpose. the operation of the TexShare library consortium. They set forth The purpose of TexShare is to assist libraries at institutions of higher membership criteria, establish policies for an advisory board, education in Texas: and propose guidelines for grants to members. (1) to promote the future well-being of the citizenry Dale Propp, Interim Director, Library Resource Sharing Division, and enhance quality teaching and research excellence at institutions has determined that for each year of the first five years the of higher education through the efficient exchange of academic rule is in effect there will be a fiscal implication for local and information and the sharing of library resources; state governments as a result of enforcing or administering the amended section. State institutions of higher education (2) to maximize the effectiveness of library expenditures and community colleges will receive services and benefits of by enabling libraries at institutions of higher education to share staff $1,121,779 in FY98 and $1,016,729 in Fiscal Year 1999. These expertise and to share library resources in print and in an electronic amounts include state cash grants of $100,000 in each year form, including books, journals, technical reports, and databases; for competitive grants. Subsequent impact will depend on (3) to increase the intellectual productivity of students legislative appropriations in succeeding years. There will be and faculty at the participating institutions of higher education no fiscal impact on other local governments. There will be no by emphasizing access to information rather than ownership of fiscal implications for small businesses or individuals as a result documents and other information sources; and of enforcing or administering the section. (4) to facilitate joint purchasing agreements for purchas- Mr. Propp also has determined that for each of the first five ing information services and encourage cooperative research and de- years the section is in effect the public benefits anticipated as velopment of information technologies. a result of enforcing the section will be to assist academic li- braries at public and private or independent institutions of higher §8.3. Membership. education to promote the public good. There will be no ef- (a) Eligibility. Membership in the consortium is open to all fect on small businesses. Comments may be submitted to institutions of higher education as determined by the Texas Higher Dale Propp, Interim Director, Library Resource Sharing Divi- Education Coordinating Board. sion, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927. (b) Agreement. Institutions of higher education must file a membership agreement, signed by the president or chancellor, on The new sections are proposed under authority of Government joining the consortium. Participation in specific programs of the Code, §441.205(b) as amended by HB 2721, Acts, 75 Legisla- consortium may require additional agreements and fees. ture, R.S. (1997). (c) Annual Report. Libraries of member institutions shall The proposed new sections affect the Government Code, file a current and complete annual report for the preceding year with §§441.201-441.210. the commission by January 15 of each year. Failure to file a report §8.1. Definitions. by January 15 may result in suspension of membership for the next state fiscal year. Revisions to the annual report which would affect The following words and terms, when used in this chapter, shall have membership status for the next state fiscal year will not be accepted the following meanings, unless the context clearly indicates otherwise. after February 15. Willful falsification of annual reports shall cause (1) Institution of higher education - an institution of the library to be disqualified for one year in the first instance and higher education as defined by Education Code, §61.003, and a private disqualified for three years in the second instance. or independent institution of higher education as defined by Education (d) Multiple Libraries. The unit of membership in the Code, §61.003. TexShare Library Consortium shall be the institution. Community (2) Annual Report –The annual submission of financial college districts may apply as a single unit or as individual campuses; and library statistics to the Texas State Library and Archives other institutions with campus libraries in multiple locations in

23 TexReg 3644 April 10, 1998 Texas Register one county shall apply as a single unit. Libraries affiliated with (1) providing electronic networks, shared databases, and professional schools that demonstrate they are administered and other infrastructure necessary to enable the libraries in the consortium budgeted independently of the campus library may apply for separate to share resources, membership. (2) negotiating and executing statewide contracts for (e) Suspension of membership. Membership will be auto- information products and services, matically renewed for each state fiscal year, provided that an annual (3) coordinating library planning, research and develop- report has been filed as required by subsection (c) of this section, ment, or and that the institution remains qualified for programs of the Texas Higher Education Coordinating Board. Institutions which have lost (4) training library personnel. accreditation or are otherwise not qualified on the first day of any §8.6. Grants: Access to Local Holdings. state fiscal year will be suspended from membership until the first day of the succeeding state fiscal year. (a) Purpose. To provide seed money to assist libraries in (f) Tiers. Member institutions are placed in one of three tiers Texas institutions of higher education to provide access to their special on the basis of the size of their book collection and student enrollment, or unique holdings and to make information about these holdings as reflected in the latest annual report filed with the commission. available to library users across the state. (1) Tier 1: Over 750,000 volumes or over 10,000 (b) Eligibility. Libraries in institutions that have been enrollment. certified as meeting the TexShare membership requirements in §8.3 of this title (relating to Membership) for the state fiscal year in which (2) Tier 2: 100,000-749,999 volumes or 2,001-9,999 the grant is awarded are eligible to apply for local holdings grants. A enrollment. member library may apply on behalf of a group of member libraries (3) Tier 3: Under 100,000 volumes and 2,000 or less in a cooperative project, or for funding of the member library portion enrollment. of a project including other libraries or organizations. (g) Fees. Some consortium services are supported by fees (c) Services to be Provided. This grant program focuses paid by participants. Fees will be set by the Director and Librarian on on making unique library collections accessible for TexShare con- the basis of costs for the individual programs and/or the tier placement stituents. Applicants may propose projects designed to increase ac- of the institutions. cessibility through a wide range of activities such as organizing, cat- aloging, indexing, microfilming and digitizing local materials. §8.4. Advisory Board. (d) Standards requirements. Cataloging or indexing infor- (a) The commission shall appoint a nine-member advisory mation created under the grant must be available through the OCLC board to advise the commission on matters relating to the consortium. Incorporated bibliographic database or an Internet connection. Digi- At least two members must be public members, at least two members tized materials must be available through an Internet connection, and must be affiliated with a four-year public university in the consortium, be created, stored, and accessible in accordance with the Library of at least two members must be affiliated with a public community Congress National Digital Library Program as published in Digital college in the consortium, and at least two members must be affiliated Historical Collections: Types, Elements, and Construction, Digital with a private institution of higher education in the consortium. Formats for Content Reproductions, and Access Aids and Interoper- Members of the advisory board must be qualified by training and ability, or their successor documents. experience to advise the commission on policy. (e) General Selection Criteria. (b) Members of the advisory board shall be chosen to present (1) This grant program is competitive. Selection criteria as much variety as possible in geographic distribution and size and are designed to select applications that provide the best overall value type of institution. to the state. (c) The advisory board shall meet at least twice a year (2) The award criteria include: regarding consortium programs and plans at the call of the advisory board’s chairman or of the director and librarian. (A) program quality as determined by a peer review process; and (d) Members of the advisory board serve three-year terms beginning September 1. (B) the cost of proposed service. (e) A member of the advisory board serves without com- (3) The commission may consider additional factors in pensation but is entitled to reimbursement for actual and necessary determining best value, including: expenses incurred in the performance of official duties, subject to any (A) financial ability to perform services; applicable limitation on reimbursement provided by the General Ap- propriations Act. (B) state and regional service needs and priorities; (f) The advisory board shall elect a chairman, vice chairman, (C) ability to continue services after grant period; or and secretary at the first meeting of each fiscal year. (D) past performance and compliance. (g) The advisory board may recommend to the commission (f) Peer Review that the consortium enter into cooperative projects with entities other than institutions of higher education. (1) The commission uses peer reviewers to evaluate the quality of applications in competitive grant programs. §8.5. Programs. (2) The director and librarian will select qualified indi- The programs of the consortium shall include activities designed to viduals to serve as peer reviewers. Peer reviewers shall demonstrate facilitate library resource sharing. Such activities may include:

PROPOSED RULES April 10, 1998 23 TexReg 3645 appropriate training, or service on citizen boards in an oversight ca- (j) Prior expenditures. Expenditures by local applicants pacity, and shall not have a conflict of interest. for consultant fees and preliminary planning costs of an approved project, made prior to the date of commission approval, are eligible (3) The commission staff will provide written instructions as matching funds, but only if made within the year prior to the and training for peer reviewers. beginning of the grant term. (4) The reviewers score each application according to (k) Maximum award. The maximum grant award will be no criteria set by the commission. more than 20% of the available funding in any given award period. (g) Award Criteria. Points for each criterion will be based (l) Application and Review Process. A prospective applicant primarily on the measures listed; raters may also consider other must submit an application to the commission on the forms and at relevant factors in scoring each criterion. The measures and weights the time specified by the commission. for the criteria are: (1) The commission staff will review applications to (1) Significance of the collection. Is the collection determine if all requested information has been provided in a timely unique, or unique for a geographic region? Will the materials be fashion, on prescribed forms. useful to users at institutions throughout the state? Will the project provide an "advancement of knowledge" rather than cleaning up (A) An application must be complete with proper general backlogs? Maximum Points: 30. authorization to qualify for further consideration. (2) Availability. How will access to the collection be (B) Qualified applications will be forwarded to the provided? Will bibliographic records be available through OCLC peer reviewers for evaluation. or the Internet? Will materials themselves be available through (C) The commission staff will notify applicants elimi- an Internet connection, through interlibrary loan, through reciprocal nated through the screening process within 30 days of the submission borrowing, or only on-site use? Maximum Points: 30. deadline. (3) Project Design. Is the project well defined? Is (2) Peer Reviewers will evaluate applications and assign it a discrete project which can be completed in the grant period? scores based on the award criteria. Maximum Points: 15. (3) Commission staff will rank each application based on (4) Cost Sharing. What is the level of local funding points assigned by peer reviewers, and recommend a priority ranked available to share in the project costs? Are matching funds currently list of projects to the commission for approval. available? Are the matching funds higher than the required minimum? Maximum Points: 5. (m) Funding Decisions. (5) Cost Effectiveness. How appropriate are the chosen (1) The commission will approve a priority ranked list hardware, software, staffing, and service providers for the project, of applicants for possible funding based upon recommendations of given the cost of the project? Is the budget realistic? Does the commission staff. Final approval of a grant award is solely at the project proposal make effective use of the grant funds? Maximum determination of the commission. Points: 15. (2) Applications for grant funding will be evaluated only (6) Evaluation. How well has the applicant designed upon the information provided in the written application. and described the methodology to evaluate the project and estimate (3) Funding recommendations to the commission will the level of usage? Is the evaluation methodology appropriate and consist of the highest ranked applications up to the limit of available effective. Maximum Points: 5. funds. If available funds are insufficient to fully fund a proposal (h) Eligible costs. Eligible costs are: Staff or contracted after the higher-ranking proposals have been fully funded, staff will services costs for organizing, cataloging, indexing, or digital conver- negotiate with the applicant to determine if a lesser amount would be sion of materials; charges for updating shared bibliographic database acceptable. If the applicant does not agree to the lesser amount, the records; central processing units (CPUs) and associated peripherals, staff will negotiate with the next applicant on the ranked list. The storage devices, telecommunications devices and software necessary process will be continued until all grant funds are awarded. to provide storage and access for digitized materials; supply costs nec- (4) In the unlikely event that two proposals receive essary to provide storage and access; indirect and audit costs; travel identical scores and funds are insufficient for both, staff will necessary to organize materials directly associated with the grant. recommend awarding funds to the applicant requesting the lesser (i) Matching requirement. Each applicant must expend amount of state funding. If any funds remain after an award is an amount from local funds at least equal to 30% of the total made to this applicant, staff will negotiate with the other applicant in budgeted project costs which are eligible grant costs. If the matching question. If these negotiations are unsuccessful, staff will negotiate requirement is not met, as determined by audit, the institution will with the next applicant on the ranked list. have to refund all or a portion of the grant. The match can be from (n) Contract. Following approval of the grant awards by the a foundation grant; gifts from citizens, corporations or organizations; commission, the staff will issue a contract to the successful applicants friends of the library donations; revenues from the sale of bonds or based on the information contained in the project application. certificates of obligation; federal funds; locally appropriated funds; or a combination. State or federal funds awarded to the grantee (o) Cancellation or Suspension of Grants. The commission from any other commission program may not be used as matching has the right to reject all applications and cancel a grant solicitation funds. Required matching funds must be available at the beginning at any point before a contract is signed. of the grant period; applicants that have matching funds available, or This agency hereby certifies that the proposal has been re- committed, at the time of application will receive a higher funding viewed by legal counsel and found to be within the agency’s priority. legal authority to adopt.

23 TexReg 3646 April 10, 1998 Texas Register Filed with the Office of the Secretary of State, on March 25, Marjorie A. Bronk, R.N. 1998. Executive Director TRD-9804282 Board of Vocational Nurse Examiners Raymond Hitt Earliest possible date of adoption: May 10, 1998 Assistant State Librarian For further information, please call: (512) 305-8100 Texas State Library and Archives Commission ♦♦♦ Earliest possible date of adoption: May 10, 1998 For further information, please call: (512) 463–5460 Part XXIII. Texas Real Estate Commis- ♦♦♦ sion TITLE 22. EXAMINING BOARDS Chapter 535. Provisions of the Real Estate Li- Part XII. Board of Vocational Nurse Ex- cense Act aminers Subchapter R. Licensed Real Estate Inspectors Chapter 239. Contested Case Procedure 22 TAC §535.223 The Texas Real Estate Commission (TREC) proposes an Subchapter B. Enforcement amendment to §535.223, concerning standard inspection report 22 TAC §239.19 forms. The amendment would adopt by reference a standard inspection report form and provide guidelines for the use of The Board of Vocational Nurse Examiners proposes an amend- the form as an alternative to other report forms adopted by ment to §239.19, relative to Schedule of Fines. This rule is the commission. TREC has a statutory duty to adopt standard amended to allow Board to establish payment of fines over a inspection report forms and to adopt rules requiring licensed period of time instead of individuals having to pay large sums inspectors to use the report forms under Senate Bill Number all at once. 1100, 75th Legislature (1997). Marjorie A. Bronk, Executive Director, has determined that for The proposed new report form, Inspection Report Form REI the first five year period the rule is in effect, there will be no 7A-0, was developed to respond to complaints that the original fiscal implication for state or local government as a result of standard inspection report form, Form REI 7-0, was difficult enforcing the rule. to use due to its length and design. Immediate replacement Mrs. Bronk has also determined that for each of the first five of the original inspection report form, however, could impose years the rule is in effect, that no public benefit is anticipated a financial burden on inspectors who have either had the as a result of enforcement of the rule. form printed in volume or purchased computer software for completing the form. Once inspectors’ existing supplies of the Comments on the proposed rule may be submitted to Marjorie original inspection report form have been depleted, however, A. Bronk, R.N, M.S.H.P., Executive Director, Board of Vocational the commission intends to propose the elimination of that form. Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701 (512) 305-8100. Under the proposed amendment, Form 7A-0 could be repro- duced by computer and could also be used as a preprinted The amendment of this rule is proposed under Texas Civil form. The report lists the systems and items the inspector is Statutes, Article 4528c, Section 5(f), which provides the Board required to inspect under the TREC standards of practice, but of Vocational Nurse Examiners with the authority to make such does not list the sub-parts of each item. For example, the dish- rules and regulations as may be necessary to carry in effect the washer is listed as an appliance on the form, but component purposes of the law. parts such as door gaskets, door springs or control knobs are No other statute, article or code will be affected by this proposal. not separately listed. An inspector finding a problem in the door gasket would mark the report to show the dishwasher in need §239.19. Schedule of Fines. of repair and explain the nature of the problem in the space for In disciplinary matters, the Board shall assess a monetary fine in the comments. circumstances and amounts as described: The amendment also would provide guidelines for the use of (1)-(2) (No Change.) report forms previously adopted by TREC and would permit an inspector to delete duplicate headings and provisions. (3) Fines shall be payable in full by cashier’s check or Comments provided on additional pages would be required to money order not later than the 30th day after the date the Board’s follow the sequence of the items listed on the standard forms. order is final, or otherwise designated in a Board Order. When using new form REI 7A-0, the inspector also would be (4) (No Change.) permitted to attach additional pages for comments or reproduce the form with additional space for comments following each item This agency hereby certifies that the proposal has been re- being inspected. viewed by legal counsel and found to be within the agency’s legal authority to adopt. The amendment also would clarify that the inspection report forms adopted by TREC are required to be used when the in- Filed with the Office of the Secretary of State on March 26, spection is being performed for a prospective buyer or prospec- 1998. tive seller. Because quality control construction inspections of TRD-9804345 homes often concern compliance with building codes, matters

PROPOSED RULES April 10, 1998 23 TexReg 3647 not addressed in the TREC standards of inspection, an excep- (5) [(4)] Optional Systems Property Inspection Report tion is proposed for quality control inspections in the areas of (Outdoor Cooking Equipment), REI No. 10-0; new homes and remodeling. An exception also would be pro- (6) [(5)] Optional Systems Property Inspection Report vided for reinspections, which are more limited in scope than (Lawn and Garden Sprinkler System), REI No. 11-0; the original inspections reported on the standard report forms. An exception also would be provided for inspections performed (7) [(6)] Optional Systems Property Inspection Report for relocation companies or for a seller’s employer, either of (Private Water Wells), REI No. 12-0; which may desire only a limited inspection for the purpose of (8) [(7)] Optional Systems Property Inspection Report determining the value of the property being purchased from a (Individual Private Sewage Systems), REI No. 13-0; transferring employee. This exception would not apply, how- ever, unless the report form being used contains a specific no- (9) [(8)] Optional Systems Property Inspection Report tice cautioning prospective buyers that it is not a substitute for (Built-in Security and Fire Protection Equipment), REI No. 14-0; a comprehensive inspection of the property by an inspector of and the buyer’s choice. An inspector using a report form required (10) [(9)] Optional Systems Property Inspection Report by a relocation company would be required to attach the notice (Swimming Pools and Equipment), REI No. 15-0. if the first page of the report form did not contain the notice. (b) Except as provided by this section, inspections performed Mark A. Moseley, general counsel, has determined that for the for a prospective buyer or prospective seller of one-to-four family first five-year period the section is in effect there will be no residential property must be reported on forms adopted by the fiscal implications for state or local government as a result of commission. Licensed inspectors shall complete the applicable enforcing or administering the section. There is no anticipated portions of inspection report forms adopted by the commission and impact on local or state employment as a result of implementing provide the reports to the persons for whom the inspection has been the section. performed. Except as provided in this section, each inspector shall use Mr. Moseley also has determined that for each year of the either Property Inspection Report REI No. 7-0 or Property Inspection first five years the section as proposed is in effect the public Report REI No. 7A-0 when reporting an inspection. If the inspector benefit anticipated as a result of enforcing the section will be uses Property Inspection Report REI No. 7-0 and an inspection of clarification of the commission’s rules concerning the writing an optional system is also to be performed, the inspector shall also of inspection reports for consumers. Because the proposed complete the appropriate optional system property inspection report, section permits the inspector to choose which of the standard REI Nos. 8-0 through 15-0, for each optional system inspected. report forms to use and narrows the application of the section, When the inspection is limited to one or more of the optional systems, there is no anticipated adverse effect on small businesses. the inspector shall use either the appropriate optional system report Use of proposed form REI 7A-0 may reduce the number of form adopted by the commission or Property Inspection Report REI pages of copies of reports made by the inspector. There is No. 7A-0. [Except when federal law requires a different report, each no anticipated economic cost to persons who are required to inspector licensed by the commission shall complete all applicable comply with the proposed section, other than the cost of copies portions of Property Inspection Report REI No. 7-0 and, if an of proposed form REI 7A-0, which could be reproduced on many optional system is to be included, the appropriate Optional Systems word processors or preprinted by the inspector. Property Inspection Report, REI Nos. 8-0 through 15-0 ("the forms") and provide a copy of the forms to any person for whom the inspector Comments on the proposal may be submitted to Mark A. Mose- has performed an inspection of residential property.] ley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. (c) Inspectors may reproduce the forms adopted by the commission from printed copies obtained from the commission and The amendment is proposed under Texas Civil Statutes, Article may reproduce the forms by computer. With the exception of the 6573a, §5(h), which authorize the Texas Real Estate Commis- changes to the forms which are permitted by this section, the inspector sion to make and enforce all rules and regulations necessary shall reproduce the forms verbatim and the spacing, length of blanks, for the performance of its duties. borders, fonts and placement of text on the page must appear to be The statute that is affected by this section is Texas Civil Statutes, identical to that used by the commission in the printed version of the Article 6573a. forms. Inspectors may insert information in the spaces provided for that purpose. §535.223. Standard Inspection Reports. (d) When using either a printed version of the forms or (a) The Texas Real Estate Commission adopts by reference a version reproduced by computer, the licensee shall comply with the following forms approved by the Texas Real Estate Commission §535.222 of this title (Relating to Standards of Practice). If a part, in 1997 and 1998 and published and available from the Texas Real component, or system contained in the forms is not present in the Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188: property or has not been inspected under the departure provisions of (1) Property Inspection Report, REI 7-0; §535.222, the inspector shall make an appropriate notation on the forms, clearly indicating the reason the part, component or system (2) Property Inspection Report (Short Form), REI No. has not been inspected. When using Property Inspection Report No. 7A-0; REI 7-0, or any of the optional systems report forms adopted by (3) [(2)] Optional Systems Property Inspection Report the commission, the [The] inspector may delete the subparts of the (Gas Lines), REI No. 8- 0; report form relating to the item which is not being inspected. The heading for the deleted item must appear at least once in the report. (4) [(3)] Optional Systems Property Inspection Report The inspector is not required to repeat headings. For example, the (Outbuildings), REI No. 9-0; inspector may use the heading "gas or electric water heater" when reporting on a single water heater and is not required to repeat the

23 TexReg 3648 April 10, 1998 Texas Register heading if the property does not have a second water heater, and TITLE 34. PUBLIC FINANCE the inspector is deleting the second unit from the report. When using more than one of the optional systems report forms in the Part I. Comptroller of Public Accounts same inspection, the inspector also may delete duplicate provisions such as the identification of the property, date, and scope of the Chapter 5. Funds Management (Fiscal Affairs) inspection. The inspector may not delete any portion of Property Inspection Report REI 7A-0. The inspector may reprint supplies of Subchapter C. Claims Processing-Travel Vouchers Property Inspection Report REI 7A-0 with such additional space for comments after each item or system as the inspector deems necessary 34 TAC §5.22 and also may reproduce the form by computer adding space for The Comptroller of Public Accounts proposes amendments to comments as the inspector deems necessary. The inspector also may §5.22, concerning incorporation by reference: "State of Texas reprint or reproduce Property Inspection Report REI 7A-0 without Travel Allowance Guide." any additional spaces for comments, attaching additional pages of comments to the report. The inspector may also renumber the The amendments are necessary to reflect the issuance of a pages of the form to correspond with any changes made necessary new "State of Texas Travel Allowance Guide" by the comptroller. due to adding space for comments or deletions of text under this The new guide reflects changes made by the 75th legislature, subsection. If necessary to report the inspection of a part, component regular session, 1997 to the Travel Regulations Act and to the or system not contained in the form, or space provided on the forms travel provisions of the General Appropriations Act. The new is inadequate for a complete reporting of the inspection, such as when guide also includes revised policies that are intended to promote the inspector provides a higher level of inspection performance than efficiency and eliminate ambiguities concerning the travel of that required by §535.222, the inspector may attach additional pages state officers and employees. Chapter 10 of the new guide to the forms. When providing comments or additional pages to report lists the major differences between it and the previous guide. on items listed in a form, the inspector shall arrange the comments A copy of the new guide is available upon request from Claims or additional pages to follow the sequence of the items listed in the Division, P.O. Box 13528, Austin, Texas 78711. form adopted by the commission. Mike Reissig, chief revenue estimator, has determined that for (e) This section does not apply to the following: the first five-year period the amendment will be in effect there will be no foreseeable implications relating to costs or revenues (1) quality control construction inspections in the areas of the state or local governments. of new homes, remodeling or reinspections; Mr. Reissig also has determined that for each year of the (2) inspections for which federal or state law requires use first five years the amendment is in effect the public benefit of a different report; or anticipated as a result of adopting the amendment will be in (3) inspections for which a relocation company or a providing new information regarding the travel of state officers seller’s employer requires use of a different report, and the first and employees. There is no significant anticipated economic page of the report contains a notice either in bold or underlined cost to individuals who are required to comply with the proposed print reading substantially similar to the following: "This report rule. was prepared for a relocation company or seller’s employer in Comments on the proposal may be addressed to Kenny accordance with the company’s requirements. The report is not McLeskey, Manager of Claims Division, P.O. Box 13528, intended as a substitute for a comprehensive inspection of the Austin, Texas 78711. If a person wants to ensure that the property by an inspector of the buyer’s choice. Standard inspection comptroller considers and responds to a comment made about reports required by the Texas Real Estate Commission may contain this proposal, then the person must ensure that the comptroller additional information a buyer should consider in making a decision receives the comment not later than the 30th day after the issue to purchase." If the report form required by the relocation company date of the Texas Register in which this proposal appears. If or seller’s employer does not contain the notice, the inspector shall the 30th day is a state or national holiday, Saturday, or Sunday, attach the notice to the first page of the report at the time the report then the first workday after the 30th day is the deadline. is prepared by the inspector. The amendments are proposed under the Government Code, (f) [(e)] Failure to comply with this section is grounds for the §660.021, which requires the comptroller to adopt rules to suspension or revocation of an inspector’s license or the imposition administer the Travel Regulations Act and the travel provisions of an administrative penalty by the commission. of the General Appropriations Act. This agency hereby certifies that the proposal has been re- The amendments implement the Government Code, viewed by legal counsel and found to be within the agency’s §§660.001-660.146 and the General Appropriations Act, legal authority to adopt. Article IX, §§4 and 13-19. Filed with the Office of the Secretary of State, on March 26, §5.22. Incorporation by Reference: "State of Texas Travel Allowance 1998. Guide.” TRD-9804320 The "State of Texas Travel Allowance Guide,"[anditserrata,] which Mark A. Moseley was [were] issued by the comptroller in January 1998 [on February General Counsel 29, 1996,] and filed with the secretary of state, is [are] incorporated Texas Real Estate Commission by reference as a section. The guide is [and the errata are] published Earliest possible date of adoption: May 10, 1998 by the comptroller in Austin, Texas, and copies may be obtained from For further information, please call: (512) 465–3900 the comptroller upon request. ♦♦♦

PROPOSED RULES April 10, 1998 23 TexReg 3649 This agency hereby certifies that the proposal has been re- The amendment is proposed under the Government Code, viewed by legal counsel and found to be within the agency’s §403.0165(h), which authorizes the comptroller to adopt rules legal authority to adopt. for administration of the payroll deduction to pay membership fees to state employee organizations. Filed with the Office of the Secretary of State, on March 26, 1998. The amendment implements the Government Code, §403.0165. TRD-9804316 §5.46. Deductions for Paying [Certain] Membership Fees to Em- Martin Cherry ployee Organizations. Chief, General Law (a) Definitions. The following words and terms, when used Comptroller of Public Accounts in this section, shall have the following meanings, unless the context Earliest possible date of adoption: May 10, 1998 clearly indicates otherwise. For further information, please call: (512) 463–4062 ♦♦♦ (1)-(4) (No change.) (5) Holiday - A state or national holiday as specified by Subchapter D. Claims Processing-Payroll the Government Code, §§662.001-662.010[General Appropriations Act or Texas Civil Statutes, Article 4591.2]. The term does not 34 TAC §5.46 include a holiday that the General Appropriations Act prohibits state The Comptroller of Public Accounts proposes an amendment agencies from observing. to §5.46, concerning deductions for certain membership fees. (6)-(16) (No change.) The purposes of the amendments are as follows. (b) (No change.) First, the legislature in 1993 deleted the statutory requirement for the comptroller to establish an annual period for employee (c) Effectiveness of authorization forms. authorizations of deductions to pay membership fees to state (1) Effective date of authorization forms. employee organizations. Now, employees may authorize a deduction anytime during the year. The section is being (A)-(C) (No change.) amended to reflect this change. [(D) A state agency may not give any effect to an Second, the section contains provisions that apply only to past authorization form that the agency receives during December 1992 years. Those provisions are being deleted because they have or during December of a later year.] been executed and are no longer necessary. (D) [(E)] Eligible organizations are solely responsible Third, the legislature in 1997 gave the comptroller the discre- for ensuring that properly completed authorization forms are received tion to charge administrative fees to cover costs incurred from by the deadline. administering the deduction. Previous law required the comp- (2) Return of authorization forms. troller to charge the fees. The comptroller has decided not to charge the fees at this time. Therefore, the section is being [(A) A state agency shall return an authorization form amended to delete all references to the fees. to the eligible organization that submitted the form if the agency received the form during December 1992 or during December of a Fourth, the section contains a few minor errors and obsolete later year.] statutory references that are being corrected. (A) [(B)] A state agency shall return an authorization Mike Reissig, chief revenue estimator, has determined that for form to the eligible organization that submitted the form if: the first five-year period the amendment will be in effect there will be no foreseeable implications relating to costs or revenues (i) the form is incomplete, contains erroneous data, of the state or local governments. or is otherwise insufficient; and Mr. Reissig also has determined that for each year of the (ii) a deficiency listed in clause (i) of this subpara- first five years the amendment is in effect the public benefit graph makes it impossible for the agency to establish the deduction anticipated as a result of adopting the amendment will be in accordance with the form. in providing new information regarding deductions from the (B) [(C)] A state agency shall return an authorization salaries or wages of state employees for paying membership form to the eligible organization that submitted the form if the form fees to certain employee organizations. There is no significant is for an individual who is not employed by the agency. anticipated economic cost to individuals who are required to comply with the proposed amendment. (C) [(D)] A state agency may either accept an autho- rization form from or return an authorization form to the eligible Comments on the proposal may be addressed to Kenny organization that submitted the form when the form postpones the McLeskey, Manager, Claims Division, P.O. Box 13528, Austin, first deduction authorized by this section beyond the effective date Texas 78711. If a person wants to ensure that the comptroller determined under paragraph (1) of this subsection. If the agency considers and responds to a comment made about this accepts the authorization form, then the agency may not make the proposal, then the person must ensure that the comptroller deduction effective before the effective date specified on the form. receives the comment not later than the 30th day after the issue date of the Texas Register in which this proposal appears. If (D) [(E)] A state agency shall state in writing the the 30th day is a state or national holiday, Saturday, or Sunday, reason for the return of an authorization form. The statement must then the first workday after the 30th day is the deadline. be attached to the form being returned. (3) (No change.)

23 TexReg 3650 April 10, 1998 Texas Register (d)-(e) (No change.) date provisions relating to the administrative fees that will be charged to cover costs incurred during fiscal year 1992.] (f) Procedural requirements for certifying state employee organizations. [(l) Charging administrative fees to cover costs incurred during fiscal year 1993. The comptroller intends to adopt at a later (1) Request for certification. date provisions relating to the administrative fees that will be charged (A) (No change.) to cover costs incurred during fiscal year 1993.] (B) The comptroller may not certify a state employee [(m) Charging administrative fees to cover costs incurred organization if the comptroller receives the organization’s request for during fiscal year 1994 and subsequent fiscal years. The comptroller certification after June 2nd[3rd] of a fiscal year. intends to adopt at a later date provisions relating to the administrative fees that will be charged to cover costs incurred during fiscal year (2) (No change.) 1994 and subsequent fiscal years.] (g) (No change.) (j) [(n)] Solicitation. Nothing in this section prohibits the (h) Effective date of certification. The head of a state agency from permitting or prohibiting solicitation by eligible organizations on the premises of the agency. [(1) General effective date. Except as provided in para- graph (2) of this subsection, the] first deduction to pay a membership (k) [(o)] Responsibilities of eligible organizations. fee to an eligible organization may be made from salary or wages (1) Disseminating information. paid on the first workday of the second month following the month in which the comptroller certifies the organization. (A) An eligible organization is solely responsible for the dissemination of relevant information to its representatives and [(2) Exception. The first deduction to pay a membership employees. fee to an eligible organization may be made from the salary or wages paid on February 3, 1992, if the comptroller certifies the organization (B) An eligible organization must ensure that its during January 1992.] representatives and employees comply with the requirements of this section. (i) Payments of deducted membership fees. (2) Notification to the comptroller. An eligible organiza- (1)-(3) (No change.) tion must notify the comptroller in writing immediately after a change (4) Payment reconciliation and discrepancies. occurs to: (A) An eligible organization shall reconcile the detail (A) the organization’s name; report provided by a state agency under subsection (l)[(p)] of this (B) the street address of the headquarters of the section with the amount of membership fees paid to the organization organization; under this subsection. (C) the mailing address of the headquarters of the (B) An eligible organization must report all discrep- organization, if different from the street address; or ancies between the detail report provided by a state agency under subsection (l)[(p)] of this section and the actual amount of mem- (D) the full name, title, telephone number, or mailing bership fees received under this subsection. The organization must address of the organization’s primary contact. ensure that the agency receives the organization’s report of the dis- (3) Primary contact. The individual that a state employee crepancies by no later than the 60th calendar day after the day on organization designates as its primary contact must represent the which the agency mailed the detail report to the organization. If the organization for the purposes of: 60th calendar day is not a workday, then the first workday following the 60th calendar day is the deadline. (A) communicating with the comptroller, including receiving and responding to correspondence from the comptroller; (C) A state agency that receives a report of discrep- and ancies from an eligible organization shall investigate the discrepancy and notify the organization of the action to be taken to eliminate the (B) disseminating information, including information discrepancy. A discrepancy may be eliminated by: about the requirements of this section, to representatives of the organization. (i)-(ii) (No change.) (4) Payee identification number. The payee identification (iii) recovering an excessive payment to an eligible number of an eligible organization must appear on all correspondence organization of amounts deducted under this section by obtaining a from the organization to the comptroller or a state agency. refund from the organization in accordance with subsection (k)(7) [ (o)(7)] of this section; or (5) Acceptance and submission of authorization forms. (iv) (No change.) (A) An eligible organization must accept an autho- rization form from a state employee if a refusal to accept the form (5) (No change.) would violate a law of the United States or the State of Texas. [(j) Charging administrative fees to cover start-up costs. The (B) An eligible organization must make a reasonable comptroller intends to adopt at a later date provisions relating to the effort to ensure that the appropriate state agency receives the original administrative fees that will be charged to cover start-up costs.] of a state employee’s authorization form within a reasonable time [(k) Charging administrative fees to cover costs incurred after the organization receives the form. [If an eligible organization during fiscal year 1992. The comptroller intends to adopt at a later receives an authorization form during the month of December, then

PROPOSED RULES April 10, 1998 23 TexReg 3651 the reasonable time deadline does not begin running until the first authorized by this section are made. An employer must submit a workday of the following January.] detail report each month to each eligible organization that receives the deductions. The report must be submitted in the manner required (6) Acceptance and submission of cancellation forms and by the organizations unless the employer is incapable of complying cancellation notices. with the requirement. (A) An eligible organization must accept a cancella- (B) A detail report to an eligible organization for a tion form or cancellation notice from a state employee unless: month must include: (i) the employee is not a member of the organiza- (i) the name, in alphabetical order, and social tion; or security number of each state employee from whose salary or wages (ii) the employee did not properly complete the a deduction was authorized by this section for the month, regardless cancellation form. of whether the deduction was actually made; and (B) An eligible organization must make a reasonable (ii) the amount of the deduction made for each effort to ensure that the appropriate state agency receives the original employee. of a state employee’s cancellation form or cancellation notice within (C) This subparagraph applies when the comptroller a reasonable time after the organization receives the form or notice. or an institution of higher education pays membership fees to an (7) Refunding excessive payments of amounts deducted eligible organization by warrant or check. The appropriate state under this section. agency must mail the detail report for the payment to the organization by no later than the 20th calendar day of the month in which the (A) An eligible organization shall refund a payment of payment was made. If the 20th calendar day is not a workday, then amounts deducted under this section to the extent the amount exceeds the first workday following the 20th calendar day is the deadline for the amount that should have been paid to the organization if: mailing the report. (i) the organization receives a written request for (D) This subparagraph applies when the comptroller the refund from a state agency; or an institution of higher education pays membership fees to an (ii) the agency provides reasonable evidence of the eligible organization by electronic funds transfer. The appropriate overpayment to the organization; and state agency must mail the detail report for the payment to the organization by no later than the 20th calendar day of the month (iii) no subsequent payments of amounts deducted in which the payment was made. If the 20th calendar day is not a under this section are anticipated to be made to the organization. workday, then the first workday following the 20th calendar day is (B) If a refund is required by subparagraph (A) of the deadline for mailing the report. this paragraph, the organization must ensure that the appropriate state (m) [(q)] Termination of certification. agency receives the refund by no later than the 30th calendar day after the later of: (1) Termination by the comptroller. (i) the date on which the organization receives the (A) The comptroller may terminate the certification of agency’s written request for the refund; and an eligible organization only if the organization violates[:] (ii) the date on which the organization receives the [(i)] subsection (e)(1) of this section [ ; or ] agency’s reasonable evidence of the overpayment. [(ii) subsection (j)(3)(B) of this section ]. (l) [(p)] Responsibilities of state agencies. (B) The comptroller may determine the effective date (1) Reports of violations. A state agency may report to of a termination under this paragraph. No deduction authorized by the comptroller a violation of this section that the agency believes an this section may be made to an eligible organization on or after the eligible organization or its representatives or employees might have effective date of a termination under this paragraph. committed. A report must be made in writing, and a copy of the (C) When the comptroller terminates the certification report must be mailed to the organization at the same time that the of an eligible organization, the comptroller shall send written notice original of the report is mailed to the comptroller. of the termination to the organization via certified mail, return receipt (2) Authorization forms. A state agency: requested. (A) may accept authorization forms only if they (2) Termination by eligible organizations. comply with this section; (A) An eligible organization may terminate its partic- (B) must ensure that the identifying information for ipation in the deduction program authorized by this section only by an eligible organization on an authorization form is the same as the terminating its certification. identifying information on the notification document received from (B) An eligible organization may terminate its certifi- the comptroller under subsection (g)(6)(B) of this section; and cation by providing written notice of termination to the comptroller. (C) may not accept an authorization form that contains However, an organization may not provide written notice of termi- an obvious alteration without the state employee’s written consent to nation to the comptroller until the organization has provided written the alteration. notice of termination to each state employee from whose salary or wages a membership fee to the organization is being deducted. (3) Detail reports to eligible organizations. (C) An eligible organization’s termination of its (A) This subparagraph applies to the employer of one certification is effective beginning with the salary or wages that are or more state employees from whose salary or wages deductions paid on the first workday of the third month following the month

23 TexReg 3652 April 10, 1998 Texas Register in which the comptroller receives the organization’s proper notice of §95.3. Rules of Conduct, Contraband and Dress. termination. (a)-(g) (No change.) This agency hereby certifies that the proposal has been re- (h) Hair. viewed by legal counsel and found to be within the agency’s legal authority to adopt. (1) All males in [Youth in] TYC residential programs or contract residential programs are required to wear their hair in a Filed with the Office of the Secretary of State, on March 27, standardized style. 1998. (2) (No change.) TRD-9804377 Martin Cherry [(3) Males in community-based residential programs may Chief, General Law wear hair that extends no lower than the collar of a dress shirt in the Comptroller of Public Accounts back or past the ear lobes on the side.] Earliest possible date of adoption: May 10, 1998 (3) [(4)] Youth must be clean shaven. For further information, please call: (512) 463–4062 (i) (No change.) ♦♦♦ §95.15. Parole Minor Disciplinary Consequences. TITLE 37. PUBLIC SAFETY AND COR- (a) Purpose. The purpose of this policy is to establish a RECTIONS consistent system for administering minor disciplinary consequences for youth on parole living at home or in a home substitute when Part III. Texas Youth Commission youth violate rules which are not serious enough to warrant a Level I or II hearing. Such disciplinary consequences are considered minor Chapter 95. Youth Discipline consequences. Subchapter A. Disciplinary Practices (b) Applicability. (1) Rules herein do not apply to youth on parole status 37 TAC §95.3, §95.15 residing in a residential placement. The Texas Youth Commission (TYC) proposes an amendment (2) Major rule violations and appropriate consequences to §95.3, concerning rules of conduct, contraband and dress are not addressed herein and may be found in (GAP) §95.3 of this and new §95.15, concerning parole minor disciplinary conse- title (relating to Rules of Conduct, Contraband and Dress) and (GAP) quences. The amendment allows residential programs to re- §95.9 of this title (relating to Parole Revocation Consequences). quire standardized hair styles for male youth committed to TYC. The new section will establish a consistent system for adminis- (c) Explanation of Terms Used. tering disciplinary consequences less sever than revocation for (1) Minor Parole Disciplinary Consequences - appropri- youth on TYC parole residing at home or home substitute. Mi- ate consequences that may be administered when a youth violates nor parole disciplinary consequences will be imposed when a rules which are not serious enough to warrant disciplinary move- youth violates rules that may not be serious enough to warrant ment, assigned length of stay, or referral to criminal court (major disciplinary movement or referral to criminal court. consequences). Minor disciplinary consequences include but are not Terry Graham, Assistant Deputy Executive Director for Finance, limited to consequences defined herein. has determined that for the first five-year period the sections (2) Verbal Reprimand - conference with a youth including are in effect there will be no fiscal implications for state or local a verbal reprimand drawing attention to the misbehavior and serving government as a result of enforcing or administering the section. as a warning that continued misbehavior could result in more severe Mr. Graham also has determined that for each year of the consequences. first five years the sections are in effect the public benefit (3) Resocialization Workbook Assignment - a written anticipated as a result of enforcing the section will increased assignment given to the youth out of the youth’s Resocialization public safety. There will be no effect on small businesses. There workbook. is no anticipated economic cost to persons who are required to comply with the section as proposed. No private real property (4) Curfew Restriction - an immediate change in existing rights are affected by adoption of this rule. curfew requirements outlined in the youth’s Individual Case Plan (ICP). Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, (5) Community Service Hours - disciplinary assignment 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765. of a specific number of hours the youth is to perform community service in addition to the hours already assigned based on the youth’s The amendment and new rule are proposed under the Human classification. Resources Code, §61.0811, which provides the Texas Youth Commission with the authority to develop a management sys- (6) Increased Level of Surveillance - an assigned increase tem for parole services that objectively measures and provides in the number of primary contacts between the youth and parole for the systematic examination of children’s needs and the de- officer in order to increase the youth’s accountability. velopment of treatment plans to address those needs. (7) Electronic Tracking - assignment to a system whereby The proposed rules implement the Human Resource Code, a youth’s movement and location can be tracked electronically. §61.034. (8) Intensive Surveillance Supervision - assignment to an intensive surveillance supervision program designed to restrict the

PROPOSED RULES April 10, 1998 23 TexReg 3653 youth’s access to the community by establishing a stricter curfew and of Criminal Justice, the Texas Youth Commission, and county increased supervision by the parole officer. jail correctional facilities in compliance with the federal Private Sector Prison Industry Enhancement Certification Program. (9) Home Restriction - placement of a youth on total restriction, i.e., allowing no activity outside the assigned placement Representative Ray Allen, ex officio member of the Oversight other than the approved constructive activities. Authority and author of House Bill 1301, has determined from the Fiscal Note for House Bill 1301 that the impact on (d) Rules For Imposing Consequences. state government is as follows. The probable net impact (1) A parole minor disciplinary consequence will be im- to general revenue related funds for the next five years is: posed in accordance with level III hearing procedures found in (GAP) $156,000.00 in Fiscal Year 1998; $938,000.00 in Fiscal Year §95.57 of this title (relating to Level III Hearing Procedure) and 1999; $1,900,000.00 in Fiscal Year 2000; $3,090,000.00 in (GAP) §95.1 of this title (relating to Discipline System Overview). Fiscal Year 2001; and $4,750,000.00 in Fiscal Year 2002. (2) Restrictions may not interfere with basic rights. Representative Allen also has determined that this positive revenue is the tangible public benefit anticipated as a result of (3) The most appropriate consequence among those enforcing the sections as proposed. There will be no effect on available shall be selected within the following guidelines. small businesses. There will be no anticipated economic cost (A) The consequences imposed should be the least to persons who are required to comply with the new sections restrictive necessary to effect learning more appropriate behavior and as proposed. should be proportionate to the severity and extent of the violation. Comments should be directed to Thomas Palmer, PIE Program (B) The consequence should be imposed for the Specialist, 8610 Shoal Creek, Austin, Texas 78757. Written minimum period of time necessary to be effective in correcting the comments from the general public should be received within 30 misbehavior. days of the publication of this proposal. (C) Disciplinary consequences should generally be The new sections are proposed under Texas Government considered progressive in the order listed herein, however, regardless Code, §§497.051-497.062, which provides the Authority with of order, the most appropriate consequence should be imposed. the authority to promulgate rules; 18 United States Code 1761; 42 United States Code, §§4321-4347; and 40 Code of Federal (D) More than one consequence may be levied and Regulations Part 1500. consequences may be served simultaneously. Cross Reference to Statute: Texas Government Code, (4) Community service hours assigned will not exceed §§497.051 - 497.062. 40 hours for the purposes of a disciplinary consequence. §245.10. Establishment of the Private Sector Prison Industries This agency hereby certifies that the proposal has been re- Oversight Authority. viewed by legal counsel and found to be within the agency’s legal authority to adopt. (a) The Private Sector Prison Industries Oversight Authority Filed with the Office of the Secretary of State on March 30, (the Authority) shall meet as determined by the Presiding Officer 1998. designated by the Governor. TRD-9804440 (b) The Authority shall oversee agencies/entities, facilities Steve Robinson and industries participating or desiring to participate in the Private Sector Prison Industry Enhancement Program as determined by State Executive Director and Federal guidelines and law. This oversight function shall include: Texas Youth Commission Earliest possible date of adoption: May 10, 1998 (1) establishment of Authority Rules and Procedures gov- For further information, please call: (512) 483-5244 erning the Private Sector Prison Industry Enhancement Program as ♦♦♦ may be allowed under State and Federal law; (2) designation/un-designation of cost accounting cen- Part VIII. Private Sector Prison Industries ters; and, Oversight Authority (3) determination of the compliance of cost accounting centers with State and Federal guidelines and law. Chapter 245. General Provisions §245.11. Payments by Industries to the Private Sector Prison 37 TAC §§245.10-245.13, 245.20-245.24, 245.30, 245.40, Industries Oversight Account. 245.41 (a) The participating agency/entity, facility or private industry partner(s) shall calculate the amount of unemployment insurance The Private Sector Prison Industries Oversight Authority (the owed for each inmate participating in the Prison Industries Program Authority) proposes new §§245.10-245.13, 245.20-245.24, utilizing the formula established by the Texas Workforce Commission 245.30, 245.40, and 245.41, concerning General Provisions. for calculating the payment of unemployment insurance. The new sections set the foundation for the newly created (b) The participating agency/entity, facility or private industry Authority appointed by the Governor under House Bill 1301. partner(s) shall forward the amount of monies calculated under This initial set of rules set the standards for operation and the subsection (a) of this section to the State Comptrollers office for policies and procedures that are to be implemented in order to deposit in the General Revenue Fund in the Private Sector Prison properly approve, certify, and oversee the operation of private Industries Oversight Account. sector prison industries programs in: the Texas Department

23 TexReg 3654 April 10, 1998 Texas Register (1) Monies shall be forwarded on a quarterly basis. A (2) prevailing wage and non-displacement of workers copy of the deposit shall be forwarded to the Oversight Authority or verifications; Designee. (3) proof of workers compensation coverage or equivalent (2) The payment shall be reflected in the PIE Quarterly private insurance; and, Statistical Report. (4) a copy of the voluntary agreement to be signed by §245.12. Policy and Procedural Requirement for Participating offender participants. Agencies/Entities. §245.21. Prevailing Wages and Non-displacement of Workers. (a) Participating agencies/entities shall develop policies and procedures, pertinent to their individual program and in keeping with (a) As a part of the cost accounting center (CAC) designation State and Federal guidelines and law. process, participating agencies/entities, facilities or industry partners shall submit verification of payment of the prevailing wage for each (b) Participating agencies/entities shall submit their policies job classification, to the Private Sector Prison Industries Oversight and procedures to the Private Sector Prison Industries Oversight Authority (the Authority) through the Private Industry Enhancement Authority (the Authority) for review and approval through the PIE (PIE) Program Specialist. Wage plans may reflect the minimum Program Specialist. wage for a two-month training period beginning the date employment (c) The PIE Program Specialist shall review the submitted begins. Subsequent to this two-month period, the wage plan must policies and procedures for compliance with State and Federal reflect the prevailing wage or a graduated wage earning base leading guidelines, law and Oversight Authority Rules. to the prevailing wage. If it is determined that there is no work of a similar nature in the locality, workers shall be paid no less than (1) After reviewing the submitted policies and procedures, the minimum wage. The same information shall be submitted on an the PIE Program Specialist shall forward the same to the Authority annual basis from the date of designation or as otherwise determined with a cover memo indicating any areas of perceived non-compliance. by the Authority. (2) The Authority shall review the submitted policies (b) Participating agencies/entities, facilities or private indus- and procedures and the PIE Program Specialist’s comments. The try partners shall obtain written verification from the Texas Workforce Authority shall then make a determination regarding approval of the Commission (TWC) that the wage plan reflects the prevailing wage submitted policies or the nature of any needed corrective action. for each job classification and: (d) The Decision of the Authority shall be communicated to (1) that the industry project shall not result in displace- the participating agency/entity through the PIE Program Specialist. ment of free world workers; §245.13. Program Inquiries. (2) that the industry project will not be applied in skills, All public inquiries, requests for information, and concerns regarding crafts or trades in which there is a surplus of available gainful labor the Private Sector Prison Industries Program shall be directed to the in the community; Program Specialist, and all responses shall be copied to the Chairman (3) that the industry project will not impair existing of the Private Sector Prison Industries Oversight Authority, with the contracts for services. exception of: (c) If participating agencies/entities, facilities or private in- (1) information normally provided by the PIE Program dustry partners are unable to obtain the verifications required under Specialist as a routine job function or as technical assistance to the subsection (b) of this section, they may request technical assistance Authority, Bureau of Justice Assistance, state agencies, facilities or from the PIE Program Specialist. industry; or, (1) In order to obtain technical assistance, the agency/en- (2) information that may be provided by participating tity, facility or private industry partner must provide the PIE Program agencies/entities, facilities or private industry partners regarding their Specialist the following information for each job classification: specific program. (A) educational requirements; §245.20. Designation of Cost Accounting Centers. (B) job experience (if necessary); (a) In order to obtain designation of a new cost accounting center (CAC), participating agencies/entities, facilities or industry (C) an outline of activities to be performed; partners shall gather and submit all the documentation required (D) specific responsibilities; under §245.21 of this title (relating to Prevailing Wages and Non- displacement of Workers) and §245.22 of this title (relating to (E) wage rate/progression for the position; Consultation with Labor and Business Organizations) to the Authority (F) a description of each job; and, for review through the PIE Program Specialist. (G) the DOT, OES, or SIC numerical code and title as (b) Upon receipt of designation by the Authority, the Program utilized by the Texas Workforce Commission (TWC) in the Openings Specialist shall notify the participating agency/entity, facility or and Wages by Occupation Data Collected Through Job Service industry partner and complete the appropriate Bureau of Justice Offices of the TWC. Assistance forms for designation of a new CAC. (2) The PIE Program Specialist shall attempt to obtain the (c) The PIE Program Specialist shall submit the designation required verifications from the TWC. If the TWC is unable to make forms and all supporting documentation to the Bureau of Justice the required verifications, the PIE Program Specialist shall calculate a Assistance. This documentation shall include: prevailing wage and, if necessary as a part of the designation process (1) copies of consultation provided business and labor for a new Cost Accounting Center, the verifications required under organizations; subsection (b) of this section, utilizing the most recent edition of

PROPOSED RULES April 10, 1998 23 TexReg 3655 Openings and Wages by Occupation Data Collected Through Job (B) reasonable charges for room and Board; Service Offices of the TWC. This information shall be forwarded to (C) allocations for support of family pursuant to State the Authority for review. statute, court order, or agreement by the offender; and, §245.22. Consultation with Labor and Business Organizations. (D) contributions to any fund established by law to (a) Participating agencies/entities shall, as a part of the compensate the victims of crime of not more than 20% but not less designation process for a cost accounting center (CAC), provide than 5.0% of gross wages. consultation with representatives of local businesses and labor central bodies. Information shall be provided in writing and, at a minimum, (2) The participating agency/entity, facility and industry shall include the following: partner shall collect deductions in accordance with the State law or proper authority authorizing such deductions. (1) identification of the scope of the intended project, including projected number of jobs for offenders and free world (b) Distribution of funds shall be reported in accordance with workers; Federal Guidelines, with a copy forwarded to the Private Sector Prison Industries Oversight Authority through the PIE Program Specialist. (2) projected initiation date; (1) Distribution of funds shall be reported in the format (3) information regarding PIE participation; designated by the Bureau of Justice Assistance. (4) prevailing wage information; (2) The report shall be completed and forwarded on a (5) worker displacement information; and, quarterly basis using the calendar year (January 1 through December 31). The report shall be shall be submitted not later than the tenth (6) an explanation that statutory consultation is required. working day following the end of the quarter. (b) Participating agencies/entities shall provide the required (c) The facility and industry partner shall maintain accurate consultations (by outgoing mail or fax) with business and labor records, both electronically and hard copy ready, of the receipt organizations within three working days from the date of receipt and distribution of offender earnings. Accounting records shall be of complete and accurate prevailing wage and non-displacement of available for audit by the Authority or representatives of the state or workers information. Failure to provide timely consultation with federal government. business and labor organizations in a timely manner may result in a delay in industry project designation by the Private Sector Prison (d) The PIE Program Specialist shall compile a combined Industries Oversight Authority (the Authority). report reflecting all cost accounting centers and shall attach all backup reports. The report shall be forwarded to the Authority for review and (c) The information in subsection (b) of this section and any a copy forwarded to the Bureau of Justice Assistance or designee. comments by business and labor shall be forwarded to the Authority, through the PIE Program Specialist, for designation review. (e) The Authority may change the percentages of deductions from each category for good cause and within the parameters of state (d) The PIE Program Specialist shall review the information and federal law, upon 15 days written notice to the offender of such for completeness prior to submission to the Authority. Incomplete change. information shall be returned with an explanation of the deficiency. §245.40. Recidivism Studies. §245.23. Worker’s Compensation for Work Program Participants. (a) Participating agencies/entities, facilities or private indus- (a) Agencies/entities sponsoring a private sector prison in- try partners shall provide proof of worker’s compensation insurance dustry under the oversight of the Private Sector Prison Industries to the Private Sector Prison Industries Oversight Authority (the Au- Oversight Authority (the Authority) shall, upon request of the Crim- thority), through the PIE Program Specialist, as a requirement for inal Justice Policy Council (CJPC), provide information regarding designation of a cost accounting center (CAC) under the Private Sec- the employment status of offender participants in the Private Sector tor Prison Industries Program (PIE) and, upon each renewal period. Prison Industries Program that have been released under supervision. (b) Participating agencies/entities, facilities or private indus- (1) The information requested may include the number try partners may provide private insurance of equal or greater cover- released: age in lieu of worker’s compensation. (A) who are presently employed; §245.24. Environmental Assessments. (B) who are unemployed; As a part of the designation process of a new cost accounting cen- ter, participating agencies/entities, facilities or industry partners shall (C) who have transferred out of state; provide documentation of compliance with the National Environmen- (D) who have discharged from supervision; tal Policy Act. This documentation shall be provided to the Private Sector Prison Industries Oversight Authority (the Authority) through (E) who have absconded; the PIE Program Specialist. (F) who are in custody; §245.30. Distribution of Wages of Work Program Participants. (G) who have been revoked; and, (a) Participating agencies/entities, facilities and industry part- ners shall collect and disburse earned funds according to Federal (H) who are deceased. Guidelines and the specific legislation authorizing their participation (2) Upon being notified of the request of the CJPC by the in the Private Sector Prison Industry Enhancement Program (PIE). Chairman of the Oversight Authority, the PIE Program Specialist shall (1) Allowable disbursements under Federal Guidelines advise the participating agencies/entities of the specific information are: being requested. (A) payroll taxes;

23 TexReg 3656 April 10, 1998 Texas Register (b) The PIE Program Specialist shall forward the requested Chapter 349. Standards for Child Abuse and Ne- information from the participating agencies/entities to the CJPC upon receipt. glect Investigations in Secure Juvenile Facilities The Texas Juvenile Probation Commission proposes new §245.41. Program Compliance. §§349.101– 349.119 and §§349.501– 349.508, concerning (a) Agencies/entities shall develop policies and procedures child abuse and neglect investigations in secure juvenile and an audit plan to monitor their specific cost accounting centers for facilities. The standards provide uniform procedures for investi- compliance with State and Federal law and guidelines. gating allegations of child abuse and neglect, and they identify whom and under what circumstances the Texas Juvenile (1) Compliance monitoring reports, including a proposed Probation Commission (TJPC) may disclose information made corrective action plan for areas of non-compliance, shall be submitted confidential under §261.201 of the Texas Family Code. to the Private Sector Prison Industries Oversight Authority (the Authority) through the PIE Program Specialist. Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the standards (2) The Authority shall review the reports and determine are in effect there will be no fiscal implications for state or local the appropriateness of the indicated corrective action plan. Significant government as a result of enforcing or administering the new or continuing non-compliance may result in the un-designation of the standards. cost accounting center. Ms. Capers has also determined that for each year of the (b) Additionally, participating agencies/entities shall submit first five years the new standards are in effect, the public the following documentation. benefit anticipated as a result of enforcement will be to ensure (1) Quarterly - Utilizing a Calendar Year (January to prompt and proper investigation of alleged child abuse or December). neglect in secure juvenile facilities. There are no anticipated economic costs to persons who are required to comply with (A) Facilities and industry partners shall submit the these standards as proposed. There will be no effect on small PIE Quarterly Statistical Report to their responsible agency/entity. businesses. The agency/entity shall review the report for accuracy and forward it to the PIE Program Specialist by the tenth working day of the end of Comments on the proposed standards may be submitted to the quarter. Maribeth Powers at the Texas Juvenile Probation Commission, P. O. Box 13547, Austin, Texas 78711. (B) The PIE Program Specialist shall review the report for completeness and accuracy, and produce a combined report of all Subchapter A. Intake, Investigation, and Assess- cost accounting centers. The combined report shall be forwarded to ment the Authority and Bureau of Justice Assistance. 37 TAC §§349.101–349.119 (2) Annually - As Determined by the Oversight Authority. The standards are proposed under §261.401(b) of the Family (A) Agencies/entities, facilities and industry partners Code and §141.042 of the Texas Human Resource Code, shall submit prevailing wage verification information, as required which provides the Texas Juvenile Probation Commission with by §245.21 of this title (relating to Prevailing Wages and Non- the authority to adopt reasonable rules, including those which displacement of Workers), to the Authority, through the PIE Program provide uniform procedures for investigating child abuse and Specialist, within thirty working days of notification. neglect and which provide minimum standards for juvenile (B) Participating agencies/entities, facilities and indus- boards. try partners shall submit proof of worker’s compensation or equivalent No other code or article is affected by these new standards. coverage to the Authority through the PIE Program Specialist within ten working days of notification. §349.101. Terminology Used in Statutory Definitions of Child Abuse and Neglect and Person Responsible for a Child’s Care, Custody, or This agency hereby certifies that the proposal has been re- Welfare. viewed by legal counsel and found to be within the agency’s legal authority to adopt. When the Texas Juvenile Probation Commission (TJPC) receives and Filed with the Office of the Secretary of State on March 30, investigates reports of child abuse and neglect, the commission applies 1998. the statutory definitions of "abuse," "neglect," and "person responsible for a child’s care, custody, or welfare" that appear in the Texas Family TRD-9804421 Code §261.001. The following paragraphs clarify and define words Carl Reynolds and phrases that occur in those definitions. General Counsel (1) Absent parent. A parent who is not primarily Private Sector Prison Industries Oversight Authority responsible for the child’s care on an ongoing basis because of a Earliest possible date of adoption: May 10, 1998 divorce, separation, incarceration, or for some other reason. For further information, please call: (512) 463-9693 (2) Accident. An unforeseen event that causes or ♦♦♦ threatens physical injury despite prudent efforts to avoid the risk of injury. Part XI. Texas Juvenile Probation Com- (3) "Causing, permitting, encouraging, engaging in, or mission allowing the photographing." A condition of the statutory definition of sexual abuse. It is met whether or not the child participates voluntarily.

PROPOSED RULES April 10, 1998 23 TexReg 3657 (4) "Compelling or encouraging the child to engage in (5) Risk factors–Elements of individual and/or facility sexual conduct." A condition of the statutory definition of sexual functioning that may place a child at risk of abuse or neglect. abuse. It is met whether the child actually engages in sexual conduct (6) Risk of child abuse or neglect–A reasonable likeli- or simply faces a substantial risk of doing so. hood that in the foreseeable future there will be an occurrence of (5) Genuine threat. A verbal or behavioral expression of child abuse or neglect as defined in the Texas Family Code (TFC), intent that appears true, likely, or believable; a substantial risk; or §261.001. Because the type of risk defined here does not appear in actions including, but not limited to, choking, suffocating, or shaking TFC, §261.001, it does not constitute abuse or neglect. a child, or hitting a child on the head. (7) Serious physical abuse–Injuries which require or re- (6) Guardian. Anyone named as "guardian of the person quired prompt medical attention, may require hospitalization, and may of a child" by a probate court order. endanger the child’s life or cause permanent functional impairment, death, or disfigurement if untreated. (7) Incest. Any sexually oriented practice with a child by a person who knows or should know that he or she and the child (8) Serious sexual abuse–Oral, anal, or genital inter- are related by consanguinity or affinity. course; or sexual acts performed with the child that involve the gen- itals or anus of either party, whether or not intercourse or contact (8) Managing or possessory conservator. A person occurred or that involve touching or fondling of the genitals, breasts, responsible for a child as the result of a district court order pursuant or anus of either party. to the Texas Family Code, Chapter 153. (9) Strengths–Elements of individual and facility func- (9) "Necessary to sustain the life or health of the child." tioning that enhance the ability of an individual or a facility to protect A condition of the statutory definition of physical neglect. It is met if a child from abuse or neglect. the failure to provide food, clothing, or shelter results in an observable and material impairment to the child’s growth, development, or §349.103. Response to Reports That Do Not Allege Abuse or Neglect. functioning, or in a substantial risk of such an observable and material The Texas Juvenile Probation Commission (TJPC) staff will assist the impairment. public in understanding what to report and what can be done about it. (10) Observable and material impairment. Discernible If a report clearly does not involve child abuse or neglect or risk of and substantial damage or deterioration. abuse or neglect, TJPC will provide information and refer the reporter to other services which may help the child and family. (11) Pornographic. Containing an image that depicts a child under 18 at the time the image was made, who is involved in, §349.104. Availability of Intake Services. performing, or simulating a sexually oriented act. A report of alleged child abuse or neglect in a secure juvenile (12) "Reasonable discipline that does not expose the child facility shall be made to a law enforcement agency as required by to a substantial risk of harm." Correction of a child’s behavior that TFC §261.405. During normal business hours, a report of alleged does not result in or risk substantial harm from physical injury. child abuse or neglect may additionally be made to TJPC directly. Additionally, the Texas Department of Protective and Regulatory (13) "Reasonable effort to prevent." Actions that an Services operates the child abuse hotline for the receipt of reports ordinary and prudent person would take to stop an event from of alleged child abuse or neglect twenty-four hours a day, seven days occurring. a week. (14) Sexual assault. Any sexually oriented act or practice §349.105. Priorities for Investigation and Assessment. that results in harm or in substantial risk of harm to a child’s growth, development, or psychological functioning. (a) To establish time frames for investigations, the Texas Juvenile Probation Commission (TJPC) assigns each report of child (15) Sodomy. Anal or oral copulation with another per- abuse or neglect to one of two priority groups. TJPC must initiate an son or an animal. investigation: (16) Substantial harm. Real and significant physical (1) within 24 hours of receiving a Priority I report; and injury or damage to a child that includes, but is not limited to, bruises, cuts, welts, skull or other bone fractures, brain damage, subdural (2) within 10 days of receiving a Priority II report. hematoma, internal injuries, burns, scalds, wounds, poisoning, human (b) The Texas Juvenile Probation Commission bases priority bites, concussions, and dislocations and sprains. group assignments on its assessment of the immediacy of the risk and (17) Substantial risk. Real and significant possibility or the severity of the possible harm to the child. likelihood. (1) Priority I. Priority I reports concern children who §349.102. Definitions. appear to face an immediate risk of abuse or neglect that could result in death or serious harm. The following words and terms when used in this subchapter, shall (2) Priority II. All reports of abuse or neglect that are not have the following meanings, unless the context clearly indicates assigned to Priority I are assigned to Priority II. otherwise: §349.106. Notification of Law Enforcement Agencies. (1) Affinity–Related by an existing marriage. The Texas Juvenile Probation Commission (TJPC) must notify (2) Child’s safety–Protection of a child from abuse or appropriate law enforcement agencies of reports of child abuse or neglect. neglect within the following time frames: (3) Consanguinity–Related by blood or adoption. (1) TJPC must give notice within 24 hours of receiving (4) Day–A calendar day. a priority I report, a sexual abuse report, or a report alleging abuse or neglect in a juvenile justice alternative education program that is not

23 TexReg 3658 April 10, 1998 Texas Register physically housed within the compound of a pre- or post-adjudication (II) the initial collateral contacts refute the facility. The initial notification may be given orally or by facsimile. allegations and do not support evidence of abuse or neglect or risk This deadline applies even if subsequent information shows that the thereof. This includes when a investigator finds no corroboration report is unfounded or does not qualify for priority I treatment. TJPC of abuse or neglect in a preliminary investigation of an anonymous must follow up an initial oral notification with written notification report. within three days after receiving the report. (B) Administrative closure applies to the whole inves- (2) TJPC must send written notification of all other reports tigation, not individual allegations; therefore, TJPC staff must give all within three days of receiving them. Facsimile generated reports are allegations the disposition of administrative closure if the goal is to considered written notification. close a case administratively. §349.107. Investigation Interviews. (C) To administratively close a case assigned for (a) Basic steps. The primary purpose of the investigation investigation, TJPC staff must have made at least one contact with is the protection of the child, as specified in the Texas Family either a collateral or a principal who provides credible information. Code, §261.201(d). To this end, the Texas Juvenile Probation (2) Abbreviated investigation with a disposition of "ruled Commission (TJPC) staff seek to identify protective issues as early in out/no risk." To conclude an investigation with findings of "ruled out/ the investigatory process as possible, and terminate the investigation no risk," TJPC staff must, at a minimum: as early as possible if protective issues or risk based dynamics are not discovered. The TJPC investigator may: (A) interview and/or examine the alleged victim child; (1) interview and examine, or obtain an examination of, (B) interview at least one facility staff person; and each alleged victim; (C) have determined that no abuse or neglect has (2) interview each child in the facility who may be at occurred or is likely to occur in the foreseeable future because no risk of abuse or neglect; significant risk factors were identified or risk is controlled. TJPC staff must assess the impact of any noted risk factors and document (3) interview each of the alleged victim’s parents; how those factors are controlled. (4) interview the alleged perpetrator of abuse or neglect; (3) Thorough investigation. (5) interview collateral sources, including but not limited (A) TJPC staff complete the steps to conduct a to, facility administrators, teachers, medical personnel, staff, volun- thorough investigation if the interview with the alleged victim child teers and interns; or the facility staff suggests that: (6) make a facility visit; (i) abuse or neglect did occur; (7) conduct a criminal background check on the alleged (ii) risk of abuse or neglect is indicated; or perpetrator; and/or (iii) it is impossible to determine, based on the (8) interview every child in the facility who may have child’s and facility staff’s statements, whether or not abuse or neglect information that will help determine whether any child in the facility: occurred or risk of abuse or neglect is indicated. (A) has been abused or neglected; or (B) Conducting a thorough investigation may include (B) is at risk of abuse or neglect; and all of the basic steps specified in subsection (a) of this section, but must, at a minimum include: (9) examine each child in the facility unless information from other reliable sources makes doing so unnecessary. (i) an interview and examination of the alleged victim child; (b) Response to allegations of abuse or neglect. TJPC staff may respond to allegations of abuse or neglect in one of three ways. (ii) an interview with at least one facility staff person; and (1) Preliminary investigation (administrative closure). (iii) an interview with the alleged perpetrator. (A) Under certain circumstances, a report which was Exception: If the alleged perpetrator is in police custody, TJPC staff initially assigned for investigation may be closed administratively as must obtain authorization from the investigating police officer before a result of additional information, such that the situation no longer conducting the interview to ensure that the alleged perpetrator’s rights appears to meet the statutory definitions of abuse/neglect or risk of under criminal law are protected. abuse/neglect. Criteria TJPC uses for consideration when deciding to administratively close a case include, but are not limited to, situations §349.108. Roles Alleged at Intake. where a preliminary investigation reveals that: Each person named in the report is assigned a role in the alleged abuse (i) the allegations have already been investigated or neglect. Roles assigned at the initial acceptance of the report are: by TJPC; (1) Alleged victim. An alleged victim is a child who is (ii) another authorized entity, such as law enforce- suspected of being a victim of abuse or neglect as defined in Texas ment or another state agency, is, or will be, conducting the investiga- Family Code (TFC) §261.001(1) and (4). tion; or (2) Alleged perpetrator. An alleged perpetrator is a (iii) TJPC does not have the authority to finish the person responsible for the child as defined in TFC §261.001(5), who investigation because: is suspected of being responsible for the alleged abuse or neglect. (I) the abuse or neglect or risk of abuse or (3) Alleged victim/perpetrator. An alleged victim/perpe- neglect is not occurring in Texas; or trator is a child 10 years of age or older who is suspected of being

PROPOSED RULES April 10, 1998 23 TexReg 3659 a victim as described under paragraph (1) of this section, and is also (1) interviewed the alleged victim child; suspected of victimizing other children in the facility named in this (2) interviewed at least one facility staff person; same report. (3) determined that abuse or neglect did not occur and (4) Unknown. A person with the role of unknown is a that risk of abuse or neglect does not exist; and person whose actions with regard to the alleged abuse or neglect are not known by the reporter. The person may or may not have played (4) documented how and why any noted risk factors are a part in the suspected abuse or neglect. believed to be controlled. (5) No Role. A person with the role of no role is a (c) To complete a thorough investigation and assessment, person, according to the reporter, who could clearly not have had a TJPC staff must have: role in the alleged abuse or neglect. (1) interviewed the alleged victim child; §349.109. Interviews with Facility Administrators, Staff, and Alleged (2) interviewed at least one facility staff person; Perpetrators. (a) Any investigative interviews may be announced or (3) interviewed the alleged perpetrator. Exception: If unannounced. The investigator decides whether to announce the visit the alleged perpetrator is in police custody, TJPC staff must obtain on the basis of the nature of the allegations and the need to protect authorization from the investigating police officer before conducting the child. the interview to ensure that the alleged perpetrator’s rights under criminal law are protected; (b) At the first contact with the facility administrators, staff and with the alleged perpetrators, the investigator must: (4) taken any other actions necessary to complete a thorough investigation; (1) identify himself and have the Texas Juvenile Proba- tion Commission (TJPC) identification available for inspection; (5) determined whether abuse or neglect has occurred and the involvement of the persons in the situation; (2) explain the nature of the complaint or the reason for the contact; (6) determined whether there is a reasonable likelihood that a child will be abused or neglected in the foreseeable future; and (3) explain TJPC’s role, legal responsibilities in the investigation, and procedures for conducting the investigation; (7) taken appropriate actions to provide for a child’s immediate or short- term safety if a child is at risk of abuse or neglect (4) discuss each allegation in the report; in the immediate or short-term future. (5) explain that the law requires TJPC to refer all reports (d) At the end of the investigation, staff must assign a of alleged child abuse or neglect to a law enforcement agency for a disposition to each allegation identified for the investigation in order separate determination of whether a criminal violation occurred; to: (6) explain the person’s right to file a complaint with (1) specify their conclusions about the occurrence of the commission or to request a review of the findings made by the abuse or neglect; commission in the investigation; (2) derive the overall disposition for the investigation; (7) explain the person’s right to review all records of the and investigation unless the review would jeopardize an ongoing criminal investigation; (3) derive the overall role for each person with respect to the abuse or neglect that was investigated. (8) explain the person’s right to seek legal counsel; and §349.113. Disposition of the Allegations of Abuse or Neglect. (9) ask for a response to the allegations or an explanation of the alleged victim’s situation in light of the report. (a) Allegation dispositions. An allegation disposition is the finding made in the investigation about each individual allegation §349.110. Interview. of abuse/neglect which was identified at intake or during the An interview with a child alleged to be a victim of abuse or neglect investigation. shall be conducted in accordance with TFC 261.302(e) related to audio and video taping. (1) Reason-to-believe. Based on some credible evidence, staff conclude that abuse or neglect has occurred. §349.111. Medical Examinations. (2) Ruled-out. Staff determine, based on available If during the course of an investigation of child abuse or neglect TJPC information, that it is reasonable to conclude that the abuse or neglect determines a child in a facility is in need of a medical examination, has not occurred. TJPC shall notify the placing juvenile court and juvenile probation department immediately. (3) Moved. Before staff could draw a conclusion, the persons involved in the allegation moved and could not be located. §349.112. Completion of the Investigation and Assessment. (a) To complete the preliminary investigation with an (4) Unable-to-determine. Staff conclude that none of administrative closure, Texas Juvenile Probation Commission (TJPC) the dispositions specified in paragraphs (1)-(3) of this subsection is staff must have contacted at least one source who provided credible appropriate. information such that the situation met the criteria for preliminary (5) Administrative closure. Information received after a investigation as specified in §349.107(b)(1) of this title (relating to case was assigned for investigation reveals that continued Texas Ju- Investigation Interviews). venile Probation Commission intervention is unwarranted as outlined (b) To complete an abbreviated investigation, TJPC staff in §349.107 of this title (relating to Investigation Interviews). must have:

23 TexReg 3660 April 10, 1998 Texas Register (b) Overall disposition. The overall investigation disposition a victim of child abuse or neglect or is not responsible for abuse or is the summary finding about the abuse or neglect that was investi- neglect of a child in the investigation; or gated. The overall disposition is derived from the individual allega- (C) the person was not alleged to have abused or tion dispositions in the following manner: neglected a child in the case. (1) Reason-to-believe. If any allegation disposition is §349.115. Notification about Results. "reason-to-believe," the overall case disposition is "reason-to-believe." (2) Ruled out. If all allegation dispositions are "ruled (a) Notification in abbreviated and thorough investigations. out," the overall case disposition is "ruled out." The Texas Juvenile Probation Commission (TJPC) must notify the following parties about the disposition of an investigation within (3) Moved. If any allegation disposition is "moved" fifteen days of the completion of the investigation: and no allegation disposition is "reason-to-believe" or "unable to determine," the overall investigation disposition is "moved." (1) each alleged victim who was interviewed during the investigation; (4) Unable to determine. If any allegation disposition is "unable to determine" and no allegation disposition is "reason to (2) the parents of each alleged victim; believe," the overall case disposition is "unable to determine." (3) all absent parents of alleged victims, except for absent (5) Administrative closure. Decisions with regard to parents who are abusive, dangerous, or otherwise unlikely to protect administrative closure are made at the case level as specified in the child; §349.507 of this title (relating to Investigation Interviews). Therefore, (4) each person interviewed as an alleged perpetrator; all allegations must be disposed of by indicating that administrative closure has been selected. If any one allegation meets criteria (5) the person who reported the apparent abuse or neglect, for allegation dispositions as specified in paragraphs (1)-(4) of this if requested by the reporter; and subsection, a case is not eligible for administrative closure. (6) the juvenile court or juvenile probation department §349.114. Conclusions about Roles. that placed the alleged child victim into the secure juvenile facility that is the subject of the investigation and the juvenile board in the The overall role for a person at the end of the investigation is the county in which the facility is located. summary finding about the person’s involvement in the abuse or (b) Form of notification. Except as specified in subsection neglect that was investigated. After staff have given a disposition (c) of this section, TJPC’s notifications about the disposition of an to all allegations, the roles for the persons involved in the abuse or investigation may be either written or oral. neglect are derived. The following are the roles that can be derived at the end of an investigation of child abuse or neglect: (c) Written notification to the designated perpetrator or designated victim/perpetrator. Within 15 days after completing (1) Designated victim. Based on some credible evidence, an investigation, TJPC must give written notice of the findings staff conclude that the child has been abused or neglected as defined of the investigation to everyone who has been identified as a in the Texas Family Code (TFC) §261.001(1) and (4). designated perpetrator or designated victim/perpetrator as specified (2) Designated perpetrator. Based on some credible in §349.112(b)(1) of this title (relating to Conclusions about Roles). evidence, staff conclude that the individual is responsible for abuse For a designated victim/perpetrator, the notice is sent to the child’s or neglect of a child for whom that person has responsibility for care, parents. Under the Texas Family Code, §261.309(f), however, this custody, or welfare as defined in TFC §261.001(5). requirement does not apply to cases in which a court determination is consistent with a finding that there is reason to believe that abuse or (3) Designated victim/perpetrator. Based on some credi- neglect has occurred, as specified in §349.111(1) of this title (relating ble evidence, staff conclude that the child, age 10 years or older, has to Disposition of the Allegations of Abuse or Neglect). both been a victim as described in paragraph (1) of this subsection and has abused or neglected other children who are in the facility and (d) Notification in administratively closed investigations. are named in the same investigation. When an investigation is closed administratively, TJPC staff notify: (4) Unknown (unable-to-determine). Staff could not (1) the person who reported the apparent abuse or neglect, determine in the investigation whether the person was or was not if requested by the reporter; involved in the alleged abuse or neglect because the investigator could (2) the parents as described in the Texas Family Code, not determine whether or not the alleged abuse or neglect occurred. §261.311, if a child was interviewed; (5) Unknown (moved). Staff could not determine in (3) the facility administrator; and the investigation whether alleged abuse or neglect involving the person occurred or not because the person or family moved before a (4) the juvenile court or juvenile probation department determination could be made. that placed the alleged child victim into the secure juvenile facility that is the subject of the investigation and the juvenile board of the (6) No role. Either: county in which the facility is located. (A) the overall disposition for the investigation is §349.116. Risk Assessment and Safety Evaluation. ruled out or administrative closure, as these are defined in §349.111 of this title (relating to Disposition of the Allegations of Abuse or In addition to investigating any allegations of alleged child abuse or Neglect), in which case all persons named in allegations are given neglect in a secure juvenile facility, TJPC shall at the conclusion the role of "no role"; of an on-site investigation, if applicable, conduct a risk assessment (B) staff have determined that based on the available and safety evaluation of the facility. Said assessment shall determine information, it is reasonable to conclude that the individual was not compliance with all applicable TJPC standards for secure juvenile facilities.

PROPOSED RULES April 10, 1998 23 TexReg 3661 §349.117. Providing Immediate or Short-Term Protection. (i) If the reviewer or the advisory board revises TJPC’s original findings or advises TJPC to take any other actions in the (a) The Texas Juvenile Probation Commission (TJPC) inter- case, TJPC must: venes to provide for a child’s immediate or short-term safety when: (1) enter the revised findings into the investigation record; (1) the child is at risk of abuse or neglect in the immediate or short-term future; and (2) notify each person who was notified of the original findings about the revised findings, except for reporters who report (2) the facility cannot or will not protect the child without in a non-professional capacity; and TJPC intervention. (3) take the other actions specified by the reviewer, if (b) When a child needs immediate or short-term protection any. as specified in subsection (a) of this section, TJPC must immediately notify the placing juvenile court who shall make arrangements to (j) Since the designated victim/perpetrator is a child, the place the child in an appropriate setting. parents may act on his behalf throughout the review process. The parents may request the review and participate in related decisions §349.118. Administrative Review of Investigation Findings. and requests as a representative of their child. (a) The purpose of an administrative review of investigation §349.119. Testing. findings is to review the determination of whether abuse or neglect occurred, not to review the decision about risk conclusions. Anyone (a) The placing juvenile court shall provide testing as whom Texas Juvenile Probation Commission (TJPC) designates as necessary for the welfare of a child who TJPC believes, after a perpetrator or victim/perpetrator of child abuse or neglect as an investigation under these standards, has been sexually abused, specified in §349.112(b)(1) of this title (relating to Conclusions about including human immunodeficiency virus (HIV) testing of a child Roles) may request an administrative review of TJPC’s investigation who was abused in a manner by which HIV may be transmitted. determination of whether abuse or neglect occurred. (b) Except as provided by subsection (c), the results are (b) The designated perpetrator or designated victim/perpetra- confidential unless their release is authorized by law. tor must request the review in writing within 45 days after receiving (c) If requested, the placing juvenile court shall report the TJPC’s written notice of findings. results of a test under this section to: (c) If civil or criminal court proceedings related to the abuse (1) a court having jurisdiction of a proceeding involving or neglect that TJPC has investigated are pending when a designated the child or a proceeding involving a person suspected of abusing the perpetrator or designated victim/perpetrator requests an administrative child; review, or if such proceedings are initiated before TJPC begins the review, TJPC may postpone the review until the proceedings are (2) a person responsible for the care and custody of a completed. child as a foster parent; and (d) The designated perpetrator or designated victim/perpe- (3) a person seeking to adopt the child. trator has a right to: This agency hereby certifies that the proposal has been re- (1) appear in person at the review; viewed by legal counsel and found to be within the agency’s legal authority to adopt. (2) invite a representative to speak on his behalf; and Filed with the Office of the Secretary of State, on March 26, (3) submit relevant written material. 1998. (e) If the designated perpetrator or designated victim/ TRD-9804366 perpetrator or his parents do not speak English or are hearing Vicki Spriggs impaired, TJPC must provide a certified interpreter unless the Executive Director designated perpetrator or designated victim/perpetrator or his parents choose to provide a certified interpreter of their own. Texas Juvenile Probation Commission Earliest possible date of adoption: May 10, 1998 (f) The designated perpetrator or designated victim/perpetra- For further information, please call: (512) 424–6681 tor or his parents are responsible for all costs they incur in connection with the review, including the cost of an interpreter if they choose to ♦♦♦ provide one. Subchapter B. Confidentiality and Release of (g) The Executive Director of TJPC shall appoint a three member review committee to conduct the review. The reviewer must Records confirm or revise TJPC’s original dispositions based on the same 37 TAC §§349.501–349.508 policies that TJPC applied during the original investigation. Within 30 days after completing the review, the reviewer notifies the designated The standards are proposed under §261.401(b) of the Family perpetrator or designated victim/perpetrator of the outcome of the Code and §141.042 of the Texas Human Resource Code, review. which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules, including those which (h) The reviewer’s notification must inform the designated provide uniform procedures for investigating child abuse and perpetrator or designated victim/perpetrator that he can complain neglect and which provide minimum standards for juvenile to TJPC’s Advisory Board if he is dissatisfied with the reviewer’s boards. decision. To this end, the notification must include the address and telephone number of the advisory board. No other code or article is affected by these new standards. §349.501. Purpose.

23 TexReg 3662 April 10, 1998 Texas Register The purpose of this subchapter is to clarify to whom and under what (5) a local, state, or federal government official when circumstances the Texas Juvenile Probation Commission (TJPC) may specifically required by law or when deemed necessary for the disclose information made confidential under §261.201 of the Texas protection and care of a child; Family Code. Additional policy safeguards may be developed by (6) a grand jury; TJPC as needed to ensure the proper implementation of these rules in specific cases. (7) an attorney, attorney ad litem, guardian ad litem, or court appointed special advocate of an alleged victim of child abuse §349.502. Definitions. and neglect; The words and terms used in this subchapter shall have the following (8) a court of competent jurisdiction in a criminal or civil meanings, unless the context clearly indicates otherwise: case arising out of an investigation of child abuse and neglect; (1) Case records - All records described in §261.201(a) (9) an attorney of TJPC, the attorney general of the state, of the Texas Family Code which were collected, developed, or used in or a county attorney or district attorney, when such attorney represents a child abuse or neglect investigation which are under the custody and the state in a proceeding arising out of an investigation of child abuse control of the Texas Juvenile Probation Commission (TJPC). The term or neglect. case records, as used in this subchapter, shall include investigation records, facility records as well as all juvenile court and probation (10) a member of the state legislature when necessary to department records in the custody and control of TJPC which relate carry out that member’s official duties; and to the placement of a child or which relate to the provision of other (11) any other person or entity responsible for the services to a child or the child’s family. protection, diagnosis, care, treatment, supervision or education of a (2) Code - The Texas Family Code. child who is the subject of a report or record of abuse or neglect, when, in the discretion of TJPC, such information is necessary to (3) Investigation records - That portion of the records properly meet that child’s needs. described in §261.201(a) of the Texas Family Code which were collected, developed, or used in a child abuse or neglect investigation (b) Upon a properly submitted request, TJPC shall provide and which are under the custody and control of TJPC. The term access to confidential case records to the parent or other legal guardian investigation records, as used in this subchapter, shall not include of a child who was the alleged or actual victim of child abuse those records under the custody and control of TJPC which relate and neglect, provided that the records are redacted as described in solely to the placement of a child or to the provision of services to a §349.504 of this title (relating to Redaction of Records Prior to child or the child’s family. Release). For purposes of this subsection, a parent or other legal guardian means any parent, adoptive parent, possessory conservator, (4) Report - A report of alleged or suspected child abuse temporary or permanent managing conservator, legal guardian, or or neglect, as described in Subchapter B, Chapter 261 of the Texas other legal representative of the child, provided that the requestor’s Family Code. parental or other legal relationship to the child has not been terminated (5) Reporter - An individual who, on his own initiative, at the time the request for information is made. TJPC may release makes an unsolicited report to TJPC, Texas Department of Protective confidential case records, or information contained therein, to a minor and Regulatory Services, or to a duly constituted law enforcement child who is the subject of those records if TJPC deems the release agency, alleging the abuse or neglect of a child. If more than one to be in the best interest of the minor child. individual makes an unsolicited report alleging abuse or neglect of the (c) Upon a properly submitted request, TJPC shall provide same child, all such individuals shall have the designation of reporter. access to confidential investigation records to an individual who was §349.503. Access to Confidential Information Maintained by the alleged or designated by TJPC to be a perpetrator in that investigation Texas Juvenile Probation Commission (TJPC). provided that the records are redacted as described in §349.504 of (a) To the extent required by state or federal law, or to the this title. A release under this subsection is limited to that portion extent deemed necessary by TJPC for the protection and care of of TJPC’s records which were developed during the course of an children, TJPC may release case record information made confidential investigation into child abuse or neglect and shall not include records under §261.201(a) of the Texas Family Code to the following listed related to the provision of services to a child or the child’s family. persons or entities: (d) In accordance with §261.201(c) of the Code, and upon a (1) TJPC staff, including authorized volunteers, as nec- properly submitted request, TJPC shall provide access to confidential essary to perform their assigned duties; case records to the adoptive or prospective adoptive parents of a child who was, or to an adult who was as a child, the subject of (2) the facility administrator, the juvenile court and those records, provided that the records are redacted in accordance juvenile probation department that placed the alleged child victim with §349.504 of this title and provided that the identity of the child’s into the secure juvenile facility that is the subject of the investigation biological parents is protected. When releasing information under this and the juvenile board of the county in which the facility is located; subsection, TJPC need not redact the record to protect the identity of (3) local, state, or federal law enforcement officials for a biological parent whose identity is already known to the requestor. the purpose of investigating allegations of child abuse or neglect or for (e) An individual not otherwise entitled to have access the purpose of investigating allegations of false or malicious reporting to confidential records under this section, but who participated in, of alleged child abuse or neglect and any authority mandated under cooperated with, or otherwise contributed to an investigation of child another state’s law to investigate allegations of child abuse or neglect; abuse or neglect, may have access to only that portion of the case (4) a physician who has before him a child who the records obtained directly from or pertaining directly to that individual. physician reasonably suspects may be the victim of child abuse (f) Notwithstanding any other provision in this subchapter, or neglect and the physician requires this information to provide a TJPC shall not disclose any record or information which, if released to diagnosis, prognosis, or treatment for the child;

PROPOSED RULES April 10, 1998 23 TexReg 3663 the requestor, would interfere with an ongoing criminal investigation (b) Upon receipt of a proper request for copies of records, or prosecution. and a determination that the requestor is entitled to have access to those records, TJPC will provide copies of the requested records, §349.504. Redaction of Records Prior to Release. subject to the exception in §349.506 of this title (relating to (a) Unless otherwise permitted by law, prior to the release Videotapes, Audiotapes, and Photographs). of confidential investigation or case records, the Texas Juvenile Probation Commission (TJPC) shall redact the records to remove (c) Records will not be released under §349.503(b)-(e) of this the name, address, and any other information in the record which title (relating to Access to Confidential Information Maintained by the tends to reveal the identity of any individual as a reporter. In the Texas Juvenile Probation Commission (TJPC) until the investigation event that an individual who was a reporter also provided a witness of an allegation of child abuse or neglect is complete. Requests statement or other evidence during the course of the investigation, for records will be filled on a priority basis, with a higher priority that individual’s identity as a witness, as well as the information assigned to those requests related to the adoption of a child or to a provided by that individual in the role of witness, will be released, pending administrative, civil, or criminal court hearing. provided that any information which might identify that individual as (d) Notwithstanding any other provision in this subchapter, the reporter is redacted from the record prior to its release. if TJPC has been sued by any party and TJPC determines that the (b) TJPC shall withhold the release of any records obtained release of the requested records might interfere with its defense of that from another source, if the release of that record to this requestor is litigation, TJPC may require that a requestor seek access to records specifically prohibited under state or federal law. Information which under the appropriate rules of civil procedure rather than these rules. may be withheld under this section includes, but is not limited to, the (e) Individuals not otherwise authorized to obtain records following: under this subchapter or through the rules of civil or criminal (1) all medical records subject to the Medical Practices procedure must obtain a court order using the procedures outlined Act, Texas Civil Statutes, Article 4495b, unless their release to the in §261.201(b) of the Code. requestor is authorized under §5.08 of that Act; §349.506. Public Information. (2) HIV information unless release to the requestor is The Texas Juvenile Probation Commission (TJPC) shall compile authorized under the Health and Safety Code, Chapter 81; statewide statistics on the incidence of child abuse and neglect as (3) criminal history or arrest records obtained from a law required by TFC §261.402. The following information related to a enforcement entity unless their release to the requestor is specifically secure juvenile facility is available to the public upon request: authorized under state and federal law; (1) The number of allegations of child abuse and/or (4) adult or juvenile probation records, as well as juvenile neglect made regarding children in the facility; arrest records, unless their release to the requestor is specifically (2) Whether the allegation involved abuse or neglect or authorized under state and federal law; and a child; (5) polygraph exam reports, unless their release to the (3) The overall disposition of the investigation. requestor is specifically authorized under the Polygraph Examiners Act, Texas Civil Statutes, Article 4413(29cc), §19A. §349.507. Videotapes, Audiotapes, and Photographs. (c) Notwithstanding any other provision in this chapter, (a) Individuals who are authorized under §349.503 of this TJPC may withhold any information in its records if, in the judg- title (relating to Access to Confidential Information Maintained by ment of TJPC, the release of that information would endanger the the Texas Juvenile Probation Commission (TJPC)) to have access life or safety of any individual. TJPC shall keep a record of any in- to investigation records or case records may view and or listen to formation so withheld and shall document the specific factual basis any videotapes, audiotapes, or photographs which are a part of those for its belief that the release of the information would be likely to records. Access to this category of records will be permitted only in endanger the life or safety of an individual. controlled areas, designated by TJPC, at a time mutually convenient to the requestor and TJPC. When viewing or listening to these records, (d) Information withheld from a requestor under this sub- the requestor may not be accompanied by any individual who would section, as well as the documented basis for withholding information not otherwise be entitled to have access to these records, unless the under subsection (c) of this section, may be released only upon a participation of this individual is deemed by TJPC to be appropriate court order pursuant to the provisions in §261.201(b) of the Code. under the circumstances surrounding the request. §349.505. Procedures for Requesting Access to Confidential Infor- (b) Copies of videotapes, audiotapes, and photographs may mation. be provided to the individuals or entities identified in §349.503(a) (a) A request for access to records made confidential under of this title, only if, in the judgment of TJPC, the provision of a §261.201(a) of the Code shall be submitted on a standard form copy is essential to the investigation, prosecution, or resolution of a developed by the Texas Juvenile Probation Commission (TJPC) for case. Copies of videotapes, audiotapes, and photographs will not be this purpose. TJPC’s standard form will be designed to obtain provided to any other individual unless so ordered by a court pursuant sufficient information from the requestor to determine which TJPC to §261.201(b) of the Code. records are being requested, as well as to establish the requestor’s §349.508. Charges for Copies of Records. identity and relationship to the records being sought. TJPC’s standard form will provide additional instructions regarding the proper filing Records provided under authority of §349.503(a) and (d) of this of the request and any fees which must be paid in order to obtain title (relating to Confidential Information Maintained by the Texas copies of the requested records. TJPC may waive the use of its Juvenile Probation Commission (TJPC)), will be provided at no standard form, or may request additional information not included charge to the requestor. All other requestors will be charged a on the form, if TJPC deems it appropriate under the circumstances fee, using the same fee structure as that used by TJPC when surrounding a particular request. assessing charges under Chapter 552, Texas Government Code. When

23 TexReg 3664 April 10, 1998 Texas Register calculating charges under this rule, TJPC shall include a charge for all 78714-9030, within 30 days of publication in the Texas Register staff time expended in the redaction of records, regardless of whether . the records are redacted by a TJPC attorney. TJPC may waive charges Policy and Procedures when it determines that such a waiver is necessary to protect the due process rights of the requestor. 40 TAC §§77.1–77.5, 77.9–77.12 This agency hereby certifies that the proposal has been re- (Editor’s note: The text of the following sections proposed for repeal viewed by legal counsel and found to be within the agency’s will not be published. The sections may be examined in the offices legal authority to adopt. of the Texas Department of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Filed with the Office of the Secretary of State, on March 26, Austin.) 1998. The repeals are proposed under the Government Code, Chap- TRD-9804367 ter 656, which authorizes the department to adopt rules relating Vicki Spriggs to employee training and education. Executive Director Texas Juvenile Probation Commission The repeals implement the Government Code, §656.048. Earliest possible date of adoption: May 10, 1998 §77.1. Legal Base for Educational Contracts. For further information, please call: (512) 424–6681 §77.2. Graduate School Contracts. ♦♦♦ §77.3. Procedures for Establishing a Contract Between the School TITLE 40. SOCIAL SERVICES AND AS- and the Department. SISTANCE §77.4. Undergraduate School Contracts. §77.5. Field Placement Contracts. Part I. Texas Department of Human Ser- §77.9. Financial Assistance to Students. vices §77.10. Student Selection Criteria and Procedures. Chapter 77. Continuing Education §77.11. Agreement to Seek Employment. The Texas Department of Human Services (DHS) proposes the §77.12. FFP Adjustment Procedure. repeal of §§77.1-77.5, concerning legal base for educational This agency hereby certifies that the proposal has been re- contracts, graduate school contracts, procedures for establish- viewed by legal counsel and found to be within the agency’s ing a contract between the school and the department, under- legal authority to adopt. graduate school contracts, and field placement contracts, and §§77.9- 77.12, concerning financial assistance to students, stu- Filed with the Office of the Secretary of State, on March 26, dent selection criteria and procedures, agreement to seek em- 1998. ployment, and FFP adjustment procedure; the adoption of new TRD-9804354 §§77.10-77.15, concerning purpose and scope, definitions, em- Glenn Scott ployee training, employee training obligations, education assis- General Counsel, Legal Services tance program, and employee assistance obligations; and the Texas Department of Human Services renaming of Chapter 77, Continuing Education, with Chapter 77, Employment Practices. The purpose of the repeals and Proposed date of adoption: June 1, 1998 new sections is to replace the obsolete training plan that refer- For further information, please call: (512) 438–3765 ences Child Protective Services training with one that reflects ♦♦♦ the current needs of DHS. Subchapter A. Employee Training and Education Eric M. Bost, commissioner, has determined that for the first five-year period the sections are in effect there will be no fiscal 40 TAC §§77.10–77.15 implications for state or local government as a result of enforcing or administering the sections. The new sections are proposed under the Government Code, Chapter 656, which authorizes the department to adopt rules Mr. Bost also has determined that for each year of the first five relating to employee training and education. years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to promote a more The new sections implement the Government Code, §656.048. efficient use of public funds through the deletion of outdated §77.10. Purpose and Scope. training provisions and the inclusion of provisions that reflect In accordance with the State Employees Training Act, Government the agency’s current training needs. The rule has no adverse Code, Chapter 656, Subchapter C, it is the policy and practice economic effect on small businesses, because the policy is of the Texas Department of Human Services (DHS) to encourage internal to DHS. There is no anticipated economic cost to employees’ professional development through training and education persons who are required to comply with the proposed sections. programs. These programs are designed to increase the employee’s Questions about the content of this proposal may be directed job potential and bring new technology and educational methods to to Penny Potter at (512) 438-3994 in DHS’s Human Resource the workplace. This subchapter prescribes the policies governing Services. Written comments on the proposal may be submitted employee eligibility for participation in DHS’s training and education to Supervisor, Rules and Handbooks Unit-206, Texas Depart- program, and the obligations of the employees upon receiving ment of Human Services E-205, P.O. Box 149030, Austin, Texas education.

PROPOSED RULES April 10, 1998 23 TexReg 3665 §71.11. Definitions. (2) at the discretion of the commissioner, the employee The following words and terms, when used in this subchapter, shall completing and filing with the Texas Department of Human Services have the following meanings, unless the context clearly indicates (DHS), on forms prescribed by DHS, an employee training agreement otherwise. that sets forth the terms and conditions of the training assistance, including: (1) Assistance - Financial aid provided by the Texas Department of Human Services (DHS) to its employees for education (A) payback of the amount of the assistance; and expenses. (B) a declaration of intent to abide by the terms of (2) Commissioner - The commissioner of DHS. the agreement. (3) DHS - The Texas Department of Human Services. (b) Waiver. At the discretion of the commissioner or his or her designee, an employee’s obligation to abide by the terms of the (4) Employee - An individual employed with DHS agreement under subsection (a) of this section may be waived if the in either a full-time or part-time position, not including contract commissioner or his or her designee determines that it is in the state’s employees. best interest. A commissioner’s waiver is requested through either (5) Hardship - A serious or catastrophic illness, family the employee’s supervisor’s request for a waiver or a petition for a emergency, or extenuating circumstance beyond the control of the waiver from the employee. student that precludes the student from being reasonably expected to §71.14. Education Assistance Program. comply with the terms of an education assistance agreement. (a) Purpose. At the discretion of the commissioner, the Texas (6) Institution of higher education - A public or private Department of Human Services (DHS) may provide professional technical institute, junior college, senior college, university, medical growth opportunities through an education assistance program. The or dental unit, or other institution offering an associate’s, baccalau- program enables DHS to assist employees who wish to pursue an reate, master’s, or doctoral degree program. academic degree or continuing education if they meet minimum (7) Part-time employee - An individual employed with requirements and this pursuit benefits DHS. This section establishes DHS and working between 20 and 39 hours per week. eligibility criteria for participation in the program. (8) Professional development requirement - Educational (b) Eligibility. or technical training required for an employee to maintain current (1) Degree program. To be eligible for consideration for skills, professional standards, or license requirements. participation in an associate’s degree, baccalaureate degree, master’s (9) Training - Planned, structured activities designed to degree, or doctorate degree program under the educational assistance improve employee job performance and job related skills by achieving program, an employee must: specific, measurable, and predetermined learning objectives. (A) be in good standing with DHS and meeting all §71.12. Employee Training. performance expectations; (a) Purpose. The Texas Department of Human Services (B) have at least 12 months of service time with DHS (DHS) provides opportunities for enhancing job skills and for meeting or 24 months if the employee is seeking a graduate degree; professional development requirements through in- house or contract training activities. This section establishes eligibility criteria for (C) complete and file with DHS, on forms prescribed employee participation in DHS training opportunities. by DHS, an education assistance agreement that sets forth the terms and conditions of the assistance, including the amount of (b) Eligibility. DHS may provide training for an employee if the assistance, the requirements of continued eligibility under this the commissioner or his or her designee determines that such training subsection, and a declaration of intent to abide by the terms of the will: agreement; (1) enhance the employee’s ability to perform his or her (D) have written acceptance from an accredited insti- current job duties, or enable the employee to perform prospective job tution of higher education and a degree plan signed by the institution’s duties; and department dean or the dean’s designee; (2) benefit both DHS and the employee by: (E) seek enrollment and participation in a field of (A) providing the employee with opportunities to study that: fulfill professional development requirements; (i) relates to assigned work; (B) providing greater employee career planning (ii) satisfies a professional development require- choices; or ment; or (C) introducing new, more effective technologies to (iii) meets minimum requirements for a profession DHS. in which DHS anticipates staffing needs, provided that the employee §71.13. Employee Training Obligations. receives the commissioner’s or his or her designee’s approval based (a) Obligation. Employee training under §71.12 of this title upon the employee’s aptitude demonstrated through job performance; (relating to Employee Training) is conditional upon: and (1) the employee attending and satisfactorily completing (F) have the commissioner’s or his or her designee’s the training, including passing tests or other types of performance approval for associate, baccalaureate, master’s, and doctoral degree measures where required; and programs.

23 TexReg 3666 April 10, 1998 Texas Register (2) General Equivalency Diploma. To be eligible for (e) Eligible expenses. Financial assistance may be awarded participation in a General Equivalency Diploma program under the for some or all of the following expenses: educational assistance program an employee must: (1) tuition, including correspondence courses that fulfill (A) be in good standing with DHS and meeting all degree, trade, or technical school plan requirements or are taken while performance expectations; pursuing a General Equivalency Diploma; (B) have at least 12 months of service time with DHS; (2) College Level Equivalency Program (CLEP) exams or similar exams if the student scores high enough to receive college (C) complete and file with DHS, on forms prescribed credit or a waiver of course requirements if the requirements are part by DHS, an education assistance agreement that sets forth the of the employee’s degree plan; terms and conditions of the assistance, including the amount of the assistance, the requirements of continued eligibility under this (3) life experience assessments for which the student subsection, and a declaration of intent to abide by the terms of the obtains a credit if the credit is part of the employee’s degree plan; agreement; and (D) have a written acceptance from the program; and (4) required fees and books. (E) have the commissioner’s or his or her designee’s §71.15. Employee Assistance Obligations. approval. (a) Obligation. (c) Continued eligibility. (1) Educational assistance under §71.14 of this title (1) Degree program. To maintain eligibility for the (relating to Education Assistance Program) is conditional upon the degree program, a student must: employee: (A) be enrolled each semester in an institution of (A) agreeing to work for the Texas Department higher education and in a course of instruction leading toward a of Human Services (DHS) for a minimum of two years for an degree in an eligible profession; and associate’s or bachelor’s degree and three years for a graduate (B) maintain a passing grade point average. degree, commencing 30 days following the date of the employee’s receipt of the degree, providing the employee meets all conditions of (2) General Equivalency Diploma. To maintain eligibility employment and eligibility at that time; for the General Equivalency Diploma program, a student must: (B) following the terms and conditions of the educa- (A) be enrolled each semester or quarter in a General tion assistance agreement and requirements for continued eligibility; Equivalency Diploma program; and and (B) maintain a passing grade point average. (C) completing and passing each individual course. (3) Upon approval of the commissioner or his or her (2) Each semester, a student must provide grade reports designee, an employee may change his or her status from full-time for verification that full credit was received for courses taken. to part-time to accommodate class scheduling. (b) Offset. Employees shall provide to DHS fee receipts (4) The commissioner or his or her designee will for courses to be taken and shall promptly report to DHS any reconsider the employee’s participation in the program each semester. outside funds such as grants, scholarships, or other financial aid DHS may deny further participation if the employee does not meet received. DHS will deduct from an employee’s education assistance the requirements of this subsection or §71.15(a) of this title (relating any amounts the employee receives through grants, scholarships, or to Employee Obligations) or if the employee’s first and second line other financial aid for tuition, required fees, and books. supervisors determine that the employee’s participation in a degree program adversely affects the employee’s job performance. (c) Cancellation and suspension. (d) Type of institution. An employee who participates in the (1) Cancellation. DHS will cancel the student’s educa- education assistance program must attend a public institution in the tion assistance agreement and require the student to repay all funds, State of Texas, unless: not including salary, received from DHS under §71.14 of this title (relating to Education Assistance Program) if the student: (1) no accredited public institution offers program courses that can reasonably be attended by an employee within a (A) withdraws from the institution; normal combination work and school day; (B) is removed or prohibited from attending the (2) the public institution does not offer the approved institution; courses or degree program; (C) fails to comply with one or more terms of the (3) the admission requirements of the public institution education assistance agreement; or are so restrictive as to preclude the employee’s qualification for the (D) is terminated for poor performance or behavior program; during the duration of the student’s education assistance agreement, (4) the completion of the degree or course at a private including the employment period required by subsection (a)(1)(A) of institution costs less than a public institution; or this section. (5) the employee attends the private institution under (2) Suspension. If an employee is placed on disciplinary an agreement that DHS will pay only the equivalent of what the probation, DHS may suspend the employee’s participation in the education would have cost at a public institution. education assistance program. (d) Repayment.

PROPOSED RULES April 10, 1998 23 TexReg 3667 (1) A student who is liable for repayment under sub- pose of investigation in school setting, definitions, definition of section (c) of this section shall repay DHS in accordance with this child abuse and neglect in school investigations, criteria for ac- subsection. cepting reports and conducting school investigations, notifica- tion to law enforcement agencies of reports of abuse or ne- (2) DHS will establish a degree program repayment glect in school investigations, priorities and time frames for ini- schedule of: tiating school investigations, notification to school principal of (A) up to 60 equal monthly installments beginning 90 impending school investigation, conducting the school investi- days after the effective date of cancellation; and gation, conducting interviews or examinations, dispositions in school investigations, notification to school officials of findings (B) minimum installments based on the student’s in a school investigation, notification of findings to non-school ability to repay and amount of funds owed, with a minimum officials in a school investigation, and retention of investigative installment requirement of $20 per month. reports, in its Child Protective Services chapter. The purpose of (3) General Equivalency Diploma program students tak- the proposal is to implement §18 of House Bill 1826, which re- ing academic classes who fail to complete or pass a course must repay quires TDPRS to establish rules to implement §261.406 of the funds provided by DHS for that course. Texas Family Code, regarding investigations in schools. The proposed rules define abuse and neglect of children by school (A) DHS will establish a repayment schedule of up personnel or volunteers at the child’s school in public or private to 12 equal monthly installments beginning 60 days after verification schools and describe procedures for its report, investigation, of failure or noncompletion of the course. and review by Child Protective Services. The rules are pro- (B) DHS will not pay expenses incurred to retake the posed in new Subchapter D, School Investigations. same course or take a substitute for that course. Cindy Brown, Budget and Analysis Division Director, has (4) The commissioner or his or her designee may approve determined that for the first five-year period the proposed the reduction, deferral, or extension of the prescribed repayment sections will be in effect there will be no fiscal implications period. for state or local government as a result of enforcing or administering the sections. (5) Any reduction, deferral, or extension of the repayment period does not relieve the employee of his or her responsibility to Ms. Brown also has determined that for each year of the first repay the funds owed. five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to inform reporters (6) If DHS cancels a student’s education assistance of abuse or neglect, school-related entities, and the public of agreement, the student will no longer be eligible for assistance under the definitions and procedures that TDPRS will use to receive §71.14 of this title (relating to Education Assistance Program), unless and act on reports of abuse or neglect in school settings. There the student has repaid DHS in accordance with this subsection and: will be no adverse economic effect on small business because (A) the student demonstrates that the cancellation was the rules do not require schools to take any actions. There is due to a hardship; or also no adverse economic effect on large business for the same reason. There is no anticipated economic cost to persons who (B) at least three years have passed since DHS are required to comply with the proposed sections. canceled the student’s education assistance agreement. Questions about the content of the proposal may be directed This agency hereby certifies that the proposal has been re- to Kay Love at (512) 438-3305 in TDPRS’s Child Protective viewed by legal counsel and found to be within the agency’s Services section. Written comments on the proposal may legal authority to adopt. be submitted to Supervisor, Rules and Handbooks Unit-071, Filed with the Office of the Secretary of State, on March 26, Texas Department of Protective and Regulatory Services E-205, 1998. P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of TRD-9804355 publication in the Texas Register. Glenn Scott The new sections are proposed under the Human Resources General Counsel, Legal Services Code, Title 2, Subtitle D, Chapter 40, which provides the Texas Department of Human Services department with the authority to propose and adopt rules to Proposed date of adoption: June 1, 1998 comply with state law and implement departmental programs; For further information, please call: (512) 438–3765 and under the Texas Family Code, Chapters 261 and 264, which authorizes the department to provide services to alleviate the ♦♦♦ effects of child abuse and neglect. The new sections implement the Human Resources Code, Part XIX. Texas Department of Protective Chapter 40, and the Texas Family Code, Chapters 261 and and Regulatory Services 264. Chapter 700. Child Protective Services §700.401. Purpose of Investigation in School Setting. The purpose of this subchapter is to define abuse and neglect of Subchapter D. School Investigations children by school personnel or volunteers in public or private schools 40 TAC §§700.401–700.413 and to describe procedures for its report, investigation, and review by Child Protective Services of the Texas Department of Protective and The Texas Department of Protective and Regulatory Services Regulatory Services pursuant to Chapter 261, Texas Family Code and (TDPRS) proposes new §§700.401-700.413, concerning pur- to describe related procedures.

23 TexReg 3668 April 10, 1998 Texas Register §700.402. Definitions. (13) Unable to determine - A finding that an allegation of abuse or neglect can neither be supported nor ruled-out by a The terms used in this subchapter shall have the meanings assigned preponderance of the available evidence. to those terms in Texas Family Code, Chapter 261, and in Subchapter E of Chapter 700 of this title (relating to Intake, Investigation, and §700.403. Definition of Child Abuse and Neglect in School Investi- Assessment), unless the context clearly indicates otherwise or the gations. term is otherwise defined below: (a) For purposes of an investigation in a school setting, the (1) Alleged perpetrator - A person who is alleged or terms abuse and neglect shall have the meaning assigned to those suspected of being responsible for the abuse or neglect of a child. terms in the Texas Family Code, §261.001 (1) and (4), as those terms are further defined in §700.501 of this title (relating to Terminology (2) Child - A person under 18 years of age who is not and Used in Statutory Definitions of Child Abuse and Neglect and Person has not been married or who has not had the disabilities of minority Responsible for a Child’s Care, Custody, or Welfare), unless the removed for general purposes. definition is clearly inapplicable to reports of abuse or neglect in (3) CPS - Child Protective Services, a program within school settings. the Texas Department of Protective and Regulatory Services. (b) Abuse and neglect in this context do not include: (4) Designated perpetrator - A person who has been (1) use of restraints or seclusion that do not meet the determined by a preponderance of evidence to have been responsible statutory definitions of child abuse or neglect; for abuse or neglect of a child in a school setting. (2) actions that school personnel or volunteers at the (5) Designated victim - A child who has been determined, child’s school reasonably believe to be immediately necessary to based on a preponderance of the evidence, to have been abused or avoid imminent harm to self or other individuals, if the actions are neglected in a school setting. limited only to those actions reasonably believed to be necessary (6) Moved - A finding that CPS was not able to finish under the existing circumstances. The actions do not include acts of the investigation of an allegation of abuse or neglect against school unnecessary force or the inappropriate use of restraints or seclusion, personnel or volunteers in a school setting because the alleged such as use of restraints or seclusion as a substitute for lack of staff; perpetrator or alleged victim moved and could not be located. or (7) Preponderance of evidence - Evidence which is of (3) reasonable physical discipline. Reasonable physical greater weight or more convincing than the evidence which is offered discipline is appropriate to a child’s age and development and the in opposition to it; that is, evidence which as a whole shows that the reason for which the discipline is being administered and is without fact sought to be proved is more probable than not. physical injuries that result in substantial harm or without genuine threat of substantial harm from physical injury to the child. (8) Reason-to-believe - A finding that an allegation of abuse or neglect against school personnel or volunteers in a school §700.404. Criteria for Accepting Reports and Conducting School setting is supported by a preponderance of the evidence. Investigations. (a) A report of alleged abuse or neglect occurring in a school (9) Reporter - An individual who, on his own initiative, setting will be assigned for investigation by Child Protective Services makes an unsolicited report to the Texas Department of Protective (CPS) only if the following criteria are met: and Regulatory Services (TDPRS) or to a duly constituted law enforcement agency, alleging the abuse or neglect of a child. If (1) the allegations must meet the definitions of abuse or more than one individual makes an unsolicited report alleging abuse neglect contained in §700.403 of this title (relating to Definition of or neglect of the same child, all such individuals shall have the Child Abuse or Neglect in School Investigations); designation of reporter. (2) the alleged perpetrator must be a person meeting the (10) Ruled-out - A finding by a preponderance of the definition of school personnel or volunteers at the child’s school; evidence that an allegation of abuse or neglect did not occur or was (3) the alleged victim must be a child or must have been not committed by the alleged perpetrator. a child at the time that the alleged abuse or neglect occurred; (11) School personnel and volunteers - Persons providing (4) the alleged abuse or neglect must have happened in services or caring for children at a public or private school under the a school setting; jurisdiction of the Texas Education Agency (TEA) who have access to children in a school setting, or persons in a private school setting (5) the alleged abuse or neglect must have occurred who have responsibility for the care, custody, or control of children during the current school year or there must be a likelihood that in a school setting, including school employees, contractors, school sufficient evidence can still be obtained to establish whether or not volunteers, school bus drivers, school cafeteria staff, and school abuse or neglect occurred in a school setting; and custodians. (6) the allegations involving the school setting must not (12) School setting - The physical location of a child’s have already been investigated by the Texas Department of Protective school, or of an event sponsored or approved by the child’s school, or and Regulatory Services. any other location where the child is in the care, custody, or control (b) A report of alleged abuse and neglect which does of school personnel in their official capacity, including transportation not meet the criteria for investigation specified in this section services, and excluding school settings involving only children in shall be referred to an appropriate law enforcement entity or facilities of the Texas Department of Mental Health and Mental other investigating agency in accordance with Texas Family Code, Retardation (MHMR) when the facility contracts with the local school §261.105. district to provide educational services. (c) When a report is not accepted for investigation, CPS must notify the reporter verbally or in writing as to the reason the report

PROPOSED RULES April 10, 1998 23 TexReg 3669 will not be investigated and that the reporter may discuss concerns (b) CPS will conduct a criminal history background check on about the decision with the supervisor. the alleged perpetrator in accordance with Texas Government Code, §4114.114, and §700.520 of this title (relating to Criminal Records §701.405. Notification to Law Enforcement Agencies of Reports of Checks). Abuse or Neglect in School Investigations. Child Protective Services (CPS) must provide notification of all (c) The CPS investigator must complete the investigation, school-related reports of child abuse or neglect to the law enforcement reach a disposition as to each allegation made in the report, and submit entity with jurisdiction for criminal investigations in the geographical the investigation report and findings to a supervisor for approval area where the alleged incident occurred, within the time frames within 30 days after initiating the investigation, unless an extension set out in §700.506(1) of this title (relating to Notification of Law of time is approved by the worker’s supervisor due to extenuating Enforcement Agencies). circumstances. The CPS supervisor must approve the investigation or return it to the investigator for further action, within ten days of §700.406. Priorities and Time Frames for Initiating School Investi- receiving the investigative report. If the tenth day falls on a weekend gations. or state holiday, the supervisor has until the next working day to Child Protective Services (CPS) shall assign a priority to all reports complete the required review. accepted for investigation, and shall initiate an investigation within (d) Notwithstanding any other provision in this section, an the corresponding time frame, as specified in §700.505 of this title investigation may be closed administratively at any point during the (relating to Priorities for Investigation and Assessment). Prior to investigation, if it becomes apparent after initiating the investigation initiating an investigation, a CPS supervisor must review the intake that the allegations made in the report do not, in fact, meet one or report and either approve or change the initial priority and the action more of the criteria for investigation specified in §700.404 of this title recommended for the report. (relating to Criteria for Accepting Reports and Conducting School §700.407. Notification to School Principal of Impending School Investigations). If a case is closed administratively, all allegations in Investigation. the case are given the disposition of "administrative closure." Prior to conducting an investigation under this subchapter, Child §700.409. Conducting Interviews or Examinations. Protective Services (CPS) must notify the school principal (or the (a) Interviews and examinations in a school investigation principal’s supervisor if the school principal is an alleged perpetrator) may take place on or off the school premises, as deemed appropriate of the fact that a report has been assigned for investigation, the by the Child Protective Services (CPS) investigator, provided the in- nature of the allegations contained in the report, and the date and vestigator notifies the school principal (or that individual’s supervisor time when the investigator plans to visit the school campus to in the event that the principal is the alleged perpetrator) prior to con- begin the investigation. The CPS investigator must request that the ducting an interview or examination on school premises. CPS may school principal (or the principal’s supervisor) not alert the alleged request that school personnel or volunteers not be present during the perpetrator or others regarding the report until the investigator has interview or examination of an alleged victim, an alleged perpetrator, first had an opportunity to interview the alleged perpetrator. an adult or child witness, or any other person who may have informa- §700.408. Conducting the School Investigation. tion relevant to the investigation if the investigator determines that: (a) An investigation conducted under this subchapter may (1) the presence of school personnel or volunteers would include the following investigative steps, unless the allegations of compromise the integrity of the investigation; or child abuse and neglect can be clearly confirmed or ruled-out without (2) a better interview or examination of the child would recourse to one or more of these steps: result without school personnel or volunteers being present. (1) obtain a full statement of the allegation from the re- (b) The initial investigation interview of a child alleged porter. to have been physically or sexually abused must be videotaped or (2) interview or examine each alleged victim, as appro- audiotaped by CPS unless good cause exists not to do so, as specified priate in the case. in §700.522 of this title (relating to Audiotaping or Videotaping Interviews with Alleged Victims). (3) interview any other witnesses or persons who may have collateral information, including the child’s parents. (c) The CPS investigator must comply with the requirements in §700.508(b) of this title (relating to Interviews with Parents or (4) interview the alleged perpetrator. Other Alleged Perpetrators). (5) obtain photographs, school records, or other pertinent §700.410. Dispositions in School Investigations. physical evidence, if relevant to the investigation. (a) Dispositions. At the conclusion of the investigation, (6) request that a parent of an alleged victim obtain Child Protective Services (CPS) must assign an individual disposition a medical, psychological, or psychiatric examination of the child to each allegation of abuse or neglect, as well as an overall disposition and that the records of such examination be provided to the Child to the investigation. Protective Services (CPS) investigator, if necessary, to properly (b) Assignment of allegation dispositions. CPS uses the investigate the allegations in the case. following allegation dispositions for investigations in school settings: (7) request that the alleged perpetrator submit to a (1) reason-to-believe; medical, psychological, or psychiatric examination and that the records of such examination be provided to the CPS investigator, (2) ruled-out; if necessary, to properly investigate the allegations in the case. (3) moved; (8) cooperate with law enforcement in the event that (4) unable to determine; and law enforcement is conducting a joint investigation regarding the allegations. (5) administrative closure.

23 TexReg 3670 April 10, 1998 Texas Register (c) Overall disposition. The overall investigation disposition (c) When the overall disposition in an investigation is is the summary finding about the abuse or neglect that was investi- "reason-to- believe" and the school is a private school not under the gated. The overall disposition is determined in the following manner: jurisdiction of TEA, CPS does not automatically release the results of the investigation to the entities listed in subsection (a) of this section, (1) Reason-to-believe. If any allegation disposition is but must follow the provisions in Subchapter F of Chapter 700 of "reason-to- believe," the overall investigation disposition is "reason- this title (relating to Release Hearings) prior to releasing the results to- believe." of the investigation to persons having control over the designated (2) Unable-to-determine. If any allegation disposi- perpetrator’s access to children. When the overall disposition in an tion is "unable-to- determine" and no allegation disposition is investigation is other than "reason-to-believe," CPS may release the "reason-to-believe," the overall investigation disposition is "unable- findings to the appropriate school officials when the investigation is to-determine." complete. (3) Moved. If any allegation disposition is "moved" (d) Notwithstanding any other provision in this section, and no allegation disposition is "reason-to-believe" or "unable-to- notice need not be provided to a school official if a report of abuse determine," the overall investigation disposition is "moved." or neglect is closed administratively prior to notification to any school official that a report was received by the Texas Department of (4) Ruled-out. If all allegation dispositions are "ruled- Protective and Regulatory Services. out," the overall investigation disposition is "ruled out." §700.412. Notification of Findings to Non-School Officials in a (5) Administrative closure. The overall disposition of an School Investigation. investigation is "administrative closure" if all individual allegations in the investigation are given the disposition of "administrative closure." In addition to the notification of findings required under §700.411 of this title (relating to Notification to School Officials of Findings in a (d) Overall role. The overall role for the alleged perpetrator School Investigation), Child Protective Services (CPS) must comply and alleged victim at the end of an investigation in the school setting with the notification requirements contained in Texas Family Code, is the summary finding about the person’s involvement in the abuse Chapter 261, and in §700.513 of this title (relating to Notification or neglect that was investigated. An individual’s overall role is about Results). determined as follows: §700.413. Retention of Investigative Reports. (1) Designated perpetrator - When any allegation involv- ing the alleged perpetrator is "reason-to-believe." School-related intake and investigation records are retained as in- dicated for "case records closed after investigation" as specified in (2) Designated victim - When any allegation involving §700.109 of this title (relating to Retention of Case Records for Cases the alleged victim is "reason-to-believe." Closed After Investigation), or for "case records not involving abuse/ (3) Unknown (unable-to-determine) - When any allega- neglect" as specified in §700.112 of this title (relating to Case Records tion involving the person is "unable-to-determine" and no allegation not Involving Abuse/Neglect or Conservatorship). involving the person is "reason-to-believe." This agency hereby certifies that the proposal has been re- (4) Unknown (moved) - When any allegation involving viewed by legal counsel and found to be within the agency’s the person is "moved" and no allegation involving the person is legal authority to adopt. "reason-to-believe" or "unable-to-determine." Filed with the Office of the Secretary of State, on March 27, (5) No role - When all allegations involving the person 1998. are "ruled- out" or "administrative closure." TRD-9804418 §700.411. Notification to School Officials of Findings in a School C. Ed Davis Investigation. Deputy Director, Legal Services Texas Department of Protective and Regulatory Services (a) After the supervisor has closed an investigation in a Proposed date of adoption: August 1, 1998 public or private school under the jurisdiction of the Texas Education For further information, please call: (512) 438–3765 Agency (TEA), Child Protective Services (CPS) is statutorily required to provide a report of the investigation, redacted to remove the identity ♦♦♦ of the reporter, to the following: TITLE 43. TRANSPORTATION (1) TEA (Division of Continuing Education, Services to Children, Youth and Families Unit); Part III. Automobile Theft Prevention Au- (2) State Board for Educator Certification; thority (3) local school board or local governing body for the school; and Chapter 57. Automobile Theft Prevention Au- (4) the school principal, unless the principal is the alleged thority perpetrator. 43 TAC §§57.53–57.56 (b) If the overall investigation disposition is "reason-to- The Automobile Theft Prevention Authority (ATPA) proposes believe," the report must include information about the designated new §§57.53–57.56, relating to its three advisory committees, perpetrator’s right to an administrative review of the investigation border solutions, grantee, and insurance fraud, and general findings (ARIF). The report must also state that CPS will notify the requirements for all advisory committees. The new sections above entities in the event that the dispositions are changed as a result implement §2110.005 and §2110.008 of the Government Code of an ARIF. (Senate Bill 383, 73rd legislature, 1993) which require state

PROPOSED RULES April 10, 1998 23 TexReg 3671 agency advisory committees to be established by rule and to mental and private sectors in Texas and Mexico, including grantee conform to specific requirements set forth in these statutes. and other law enforcement agencies, the insurance industry, and the The proposed sections govern the current border solutions, National Insurance Crime Bureau. Each entity desiring to partici- grantee and insurance fraud advisory committees, which the pate in the committee is limited to one representative member, and ATPA initially established without formal rulemaking, in 1992, the committee may not exceed 24 members. The restriction on the 1995 and 1996, respectively. Proposed §§57.53, 57.54 and number of members shall not limit the number of individuals who 57.55 establishes the three advisory committees and sets forth may attend and participate in committee meetings. Each participating the purposes, duties, the composition and membership of each entity shall designate its representative member for purposes of this committee. Proposed §57.56 sets out the mechanisms by which subsection. If the number of participating entities exceeds 24, the the committees meet, perform their work and report to the ATPA authority shall determine the composition of the committee. Com- as well as the manner in which the committees are evaluated mittee members may serve for the duration of the committee. If a and the committees costs and benefits are reported to the committee member resigns or otherwise vacates his or her position, legislative budget board, and the duration of the committees. another individual representing the same organization may replace the outgoing member. Agustin De La Rosa, Acting Director of the ATPA, has deter- mined that for each year of the first five years that the rules, as §57.54. Grantee Advisory Committee. proposed, will be in effect, there will be no fiscal implications to (a) The grantee advisory committee is established. state or local governments as a result of enforcing or adminis- tering the new sections. (b) Purpose. The purpose of the grantee advisory committee is to give the authority the benefit of the members collective expertise Mr. De La Rosa has also determined that for each year of and experience to assist the authority in promoting the reduction of the first five years the rules, as proposed, will be in effect, the motor vehicle theft in Texas and in developing grant projects for that public benefit anticipated as a result of enforcing the proposed purpose, The committee will serve as liaison between the authority rules will be a more clearly understandable procedure, which is and grantees on grant project matters. The committee will convey available to the public, by which the three advisory committees program information to grantees and solicit input from grantees on are established and operate. Additionally, for the same period issues and concerns affecting the authority’s grant program. The of time, Mr. De La Rosa has determined that there should committee will consider issues as they arise and convey these issues be no additional economic cost to persons required to comply and related recommendations to the authority for its consideration. with the rules as proposed. There is no additional effect on small business separate from other persons who are required (c) Composition and appointment of members. The grantee to comply with the rules as proposed. advisory committee shall consist of eight persons, seven of whom will be nominated by the members of the authority. Each authority Comments on the proposed rules may be submitted to Agustin member may nominate one person to serve on the committee. A De La Rosa, Acting Director, Automobile Theft Prevention member must represent an entity which is a current grantee of the Authority, 200 East Riverside Drive, Austin, Texas 78704, for authority. The chair of the authority shall appoint the eighth member a period of 30 days following publication in this issue of the whose work with a current grantee is public awareness of motor Texas Register. vehicle theft. Committee members serve a one-year term, beginning The new rules are proposed under Texas Civil Statutes, Article January 1 of each year. The authority shall appoint new members for 4413(37), §6(a) which authorize the ATPA to adopt rules to the next year, no later than the December meeting of each year. If implement its powers and duties and §2110.005 and §2110.008 a committee member resigns or otherwise vacates his or her position of the Government Code (Senate Bill 383, 73rd legislature, prior to the end of a term, the authority shall appoint a replacement, 1993) which require state agency advisory committees be as recommended by the appropriate authority member, to serve the established by rule and to conform to specific requirements set remainder of the unexpired term. forth in these statutes. §57.55 .Insurance Fraud Advisory Committee. Texas Civil Statutes, Article 4413(37), §6(a) is affected by this (a) The insurance fraud advisory committee is established. proposal. (b) Purpose. The purpose of the insurance fraud advisory §57.53. Border Solutions Advisory Committee. committee is to give the authority the benefit of the members collective expertise and experience to assist the authority in promoting (a) The border solutions advisory committee is established. the reduction of motor vehicle theft in Texas and in promoting (b) Purpose and duties. The purpose of the border solutions communication and cooperation between Mexico and Texas on advisory committee is to provide the Automobile Theft Prevention mutual opportunities to protect against motor vehicle theft and Authority (authority) the benefit of the members collective expertise insurance fraud. The committee will consider issues relating to and experience to assist the authority in promoting the reduction insurance fraud and its connection to the theft of motor vehicles in of vehicle theft in Texas and the bordering States of Mexico Texas, recommend solutions to the authority, and encourage grantees and in establishing more effective cooperation, communication and to seek funding for anti-fraud projects. The committee will further understanding between the two countries participating agencies. The consider and recommend ways in which the insurance industry might committee is to advise the authority on issues affecting the auto assist the authority in raising public awareness of insurance fraud and theft rate along the Texas-Mexico Border, including ways to facilitate its economic impact. the location, recovery and return of vehicles from both sides of the (c) Composition and appointment of members. The insur- Texas-Mexico Border, and to recommend to the authority, for possible ance fraud advisory committee shall consist of no more than 19 per- funding, mutually beneficial projects for the aggressive prosecution sons appointed by the committee chair. The committee chair may of vehicle theft and related crime along the Border. appoint, by December of each calendar year, a co-chair. Such co- (c) Composition and appointment of members. The border chair shall be a member of law enforcement from a current law en- solutions committee shall consist of representatives from the govern- forcement grantee. At least one member of the committee shall be

23 TexReg 3672 April 10, 1998 Texas Register a current grantee. Other committee members shall be representatives committee chair, shall evaluate for the previous fiscal year and report from insurance companies in Texas, selected proportionately from to the authority for each committee, on: different geographical sections of the state. Other members of the (A) the committee’s work; authority may nominate persons for appointment to the committee. Committee members may serve for the duration of the committee. If (B) the committee’s usefulness; and a committee member resigns or otherwise vacates his or her position, (C) the costs related to the committee’s existence, another individual representing the same organization may replace including the cost of authority staff time spent in support of the the outgoing member. committee’s activities. §57.56. General Requirements for Advisory Committees. (6) Each committee is abolished on August 31, 2002 The border solutions advisory committee, the grantee advisory unless the authority amends this paragraph to establish a different committee and the insurance fraud advisory committees are subject date. to the following provisions: (7) Report to legislative budget board. As required by (1) Committee chair. The chair of each committee shall state law, the authority shall biennially report to the legislative budget be appointed by the chair of the authority and shall be a current board the information developed under paragraph (5) of this section member of the authority. in evaluating each committee’s costs and benefits. (2) Meetings. A committee shall meet at the call of the This agency hereby certifies that the proposal has been re- committee chair or the authority. Except for the grantee advisory viewed by legal counsel and found to be within the agency’s committee which shall meet no more than six times each calendar legal authority to adopt. year, a committee shall meet no more that two times each calendar Filed with the Office of the Secretary of State, on March 26, year. Committee meetings are open to the public. 1998. (3) Manner of reporting. The chair of a committee shall TRD-9804319 report, as needed, on committee activities to the authority during its Agustin De La Rosa regular meetings. Director (4) Reimbursement of committee member expenses. The Automobile Theft Prevention Authority authority shall not reimburse committee members for travel, lodging, Earliest possible date of adoption: May 10, 1998 meals or other expenses related to service on a committee. Nor may For further information, please call: (512) 416–4600 committee members or committee participants pay for such expenses from ATPA grant funds unless approved by the legislature and the ♦♦♦ authority. (5) Evaluation of committee costs and benefits. By October 1 of each year, authority staff, in consultation with each

PROPOSED RULES April 10, 1998 23 TexReg 3673 WITHDRAWN RULES An agency may withdraw a proposed action or the remaining effectiveness of an emergencyaction by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing as specified by the agency withdrawing the action. If a proposal is not adopted or withdrawn within six months of the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in theTexas Register. TITLE 4. AGRICULTURE TITLE 34. PUBLIC FINANCE Part I. Texas Department of Agriculture Part III. Teacher Retirement System of Chapter 3. Boll Weevil Eradication Program Texas Subchapter E. Creation of Eradication Zones Chapter 51. General Administration 34 TAC §51.1 4 TAC §3.114 The Teacher Retirement System of Texas has withdrawn from The Texas Department of Agriculture has withdrawn from consideration for permanent adoption the emergency amend- consideration for permanent adoption the proposed new §3.114, ment to §51.1, which appeared in the January 2, 1998, issue which appeared in the March 27, 1998, issue of the Texas of the Texas Register (23 TexReg 19). Register (23 TexReg 3143). Filed with the Office of the Secretary of State on March 25, Issued in Austin, Texas, on March 30, 1998. 1998. TRD–9804438 TRD-9804309 Dolores Alvarado Hibbs Charles Dunlap Deputy General Counsel Executive Director Texas Department of Agriculture Texas Real Estate Commission Effective date: March 30, 1998 Effective date: April 14, 1998 For further information, please call: (512) 463–7541 For further information, please call: (512) 370–0592 ♦♦♦ ♦♦♦

WITHDRAWN RULES April 10, 1998 23 TexReg 3675 ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE TITLE 13. CULTURAL RESOURCES Part I. Texas Department of Agriculture Part I. Texas State Library and Archives Chapter 3. Boll Weevil Eradication Program Commission Subchapter E. Creation of Eradication Zones Chapter 2. General Policies and Procedures 13 TAC §§2.11, 2.60–2.64 4 TAC §3.110 The Texas State Library and Archives Commission adopts The Texas Department of Agriculture (the department) adopts an amendment to §2.11 and new §§2.60 - 2.64, concerning an amendment to §3.110, concerning the Southern High Plains friends organizations. Section 2.60 and §2.62 are adopted with Boll Weevil Eradication Zone. The amendment is adopted changes to the proposed text as published in the December 26, to change the name of the area designated as the Southern 1997, issue of the Texas Register (22 TexReg 12646). Sections High Plains Boll Weevil Eradication Zone to the Western High 2.11, 2.61, and 2.63 - 2.64 are adopted without changes and Plains Boll Weevil Eradication Zone. The name change is the text will not be republished. adopted, upon the request of the Southern High Plains Boll Weevil Eradication Zone Interim Advisory Committee, to avoid In order to provide assistance to nonprofit organizations that confusion due to the current name of the zone being similar support the commission’s programs and services, the commis- to the existing Southern High Plains/Caprock zone, and to sion has adopted written policies as required by law. In ex- more accurately describe the geographical area included in the change for its assistance the commission expects to receive fi- designated zone. The amendment designates all of the area nancial support from affiliated nonprofit friends. The word "sup- currently included in the Southern High Plains Zone as the port" in §2.60 was changed to "recognize" removing possible Western High Plains Boll Weevil Eradication Zone. ambiguity in the section. In §2.62 the word "recognized" was inserted before the phrase "friends groups" in the first sentence No comments were received on the proposal. to specify which friends groups would be provided reasonable The amendment is adopted under the Texas Agriculture Code, assistance by the commission. §74.1042, which provides the commissioner of agriculture with The adopted sections define friends group. They also establish the authority, by rule, to designate an area of the state as the terms of the relationship between the Texas State Library a proposed boll weevil eradication zone; and Senate Bill and Archives Commission and affiliated nonprofit friends orga- 1814, 75th Legislature, 1997, §1.27(d), which provides the nizations and will guide the Commission in designating friends commissioner of agriculture with the authority to by rule divide groups. a statutory zone and fairly apportion any debt to each portion of the divided zone. No comments were received regarding adoption of the sections. This agency hereby certifies that the adoption has been re- The new sections and the amendment are adopted under the viewed by legal counsel and found to be a valid exercise of the Government Code §441.006(a) and §441.006(b), as amended agency’s legal authority. by House Bill 2512, Acts, 75 Legislature, R.S. (1997), which permits the commission to adopt policies and affiliate with a Filed with the Office of the Secretary of State on March 18, nonprofit organization. 1998. TRD-9804175 §2.60. Relationship Between the State Library and Archives Com- mission and Friends Groups. Dolores Alvarado Hibbs Deputy General Counsel The commission may designate nonprofit organizations that are Texas Department of Agriculture organized to raise funds and provide services and other benefits to Effective date: April 13, 1997 the commission as a "friend" of the Texas State Library and Archives Proposal publication date: February 20, 1998 Commission. A friends group must submit copies of its charter For further information, please call: (512) 463–7541 and bylaws or other organizational documents to the commission for review and approval. Upon designation as a friend of the commission ♦♦♦ and for so long as such designation exists, the commission may

ADOPTED RULES April 10, 1998 23 TexReg 3677 recognize a friends group. Designation as a "friend" shall be reviewed The changes in §72.81 are required by Code fee changes and periodically but not less than once every five years. license period changes. The comments received were strongly opposed to these proposed changes. The Department has §2.62. Use of Commission Employees or Property. changed the fee structure to reflect a two year license. The commission may authorize reasonable use of commission em- The changes in §72.80 and §72.82 are needed for clarity and ployees, equipment, or property by recognized friends groups in or- because of Code changes. The amendment in §72.83 is made der to further or support the purposes or programs of the commission, because of a Code change requiring or allowing certain informa- provided such usage is commensurate with the benefit received or to tion to appear on the license certificate. The change in §72.90 be received by the commission. Commission employees shall receive conforms the rule to Texas Revised Civil Statutes Annotated, no compensation from the friends groups for such service. article 9100 (Vernon 1991) and Texas Administrative Code §60 This agency hereby certifies that the adoption has been re- (1994). viewed by legal counsel and found to be a valid exercise of the The amendments will function by increasing program integrity. agency’s legal authority. The amendments are adopted under Texas Labor Code Anno- Filed with the Office of the Secretary of State on March 25, tated §91 (Vernon 1997) which authorizes the Texas Depart- 1998. ment of Licensing and Regulation to promulgate and enforce a TRD-9804274 code of rules and take action necessary to assure compliance Raymond Hitt with the intent and purpose of the Code. Assistant State Librarian The Code and Article affected by the amendments is Texas Texas State Library and Archives Commission Labor Code Annotated §91 (Vernon 1997) and Texas Revised Effective date: April 14, 1998 Civil Statutes Annotated, article 9100 (Vernon 1991). Proposal publication date: December 26, 1997 §72.70. Responsibility of Licensee. For further information, please call: (512) 463–5460 (a) All licensees shall notify assigned employees and clients ♦♦♦ of the name, mailing address, and telephone number of the depart- ment. The notice shall also contain a statement that unresolved com- TITLE 16. ECONOMIC REGULATION plaints concerning a licensee or questions concerning the regulation Part IV. Texas Department of Licensing of staff leasing services may be addressed to the department. (1) The notice required by subsection (a) of this section and Regulation shall be made a part of all contractual agreements between licensees and clients. The notification shall appear in a typeface no smaller Chapter 72. Staff Leasing Services than the body of the contract and shall be printed in bold face, all 16 TAC §§72.1, 72.10, 72.20, 72.70, 72.71, 72.80-72.83, capital letters or contrasting color of ink, so as to be set out from the 72.90 surrounding written material in a conspicuous manner. The Texas Department of Licensing and Regulation adopts (2) Each assigned employee of a licensee shall be amendments to §§72.1, 72.10, 72.20, 72.70, 72.71, 72.80- provided the notice required by subsection (a) of this section. The 72.83, and 72.90, concerning staff leasing services. Sections notice shall be provided as a wallet size card or as a notice printed 72.70, 72.71, 72.81 and 72.82 are adopted with changes to the not less often than once every six months on a pay check stub or a proposed text as published in the November 21, 1997 issue of separate piece of paper provided to the assigned employee. the Texas Register (22 TexReg 11208). Sections 72.1, 72.10, (3) The licensee shall have each assigned employee sign 72.20, 72.80, 72.83, and 72.90 are adopted without changes a document indicating they received the required notification set forth and will not be republished. in subsection (a) of this section, which shall be kept on file for two §72.1 is changed because of codification. The amended years after employment is terminated. The signed notice may be definitions in §72.10 are either changed because of codification, included as part of a contract or other agreement with the assigned deleted because they are redundant to the Code or added for employee or may be a separate document. clarity. The changes in §72.20 sets limited license application (b) License applications and licensee information required requirements. on the application shall be updated within 45 days after any material Comments opposed to the proposed changes in §72.70 were change to any of the information provided on original or renewal received from Trendsetter Staffing, Inc.; Rice and Associates, applications. (on behalf of the Texas Chapter of the National Association §72.71. Responsibility of Licensee - Records. of Professional Employer Organizations (NAPEO); Nations Per- (a) Upon notification, the licensee shall allow the commis- sonnel, Inc.; and, Workforce 2000 because they were burden- sioner or his designee to audit records required by the Code and any some and restrictive. The Department is changing the proposed records required by these rules. language to language recommended by industry representa- tives and trade groups while still achieving departmental goals. (b) All licensees shall maintain the following documents for two years following the termination of a staff leasing services The changes in §72.71 are needed for regulatory records contract: retention. The original proposed language was vague and broad in scope and the time frame was determined to be (1) insurance coverage documents which may be required burdensome to industry. The Department is changing the for filing with the Texas Department of Insurance, or insurance proposed language. coverage documents which the licensee may be required to retain by the Texas Department of Insurance;

23 TexReg 3678 April 10, 1998 Texas Register (2) all documents pertaining to insurance claims; enforce a code of rules and take action necessary to assure compliance with the intent and purpose of the Code. (3) workers compensation coverage documents; This agency hereby certifies that the adoption has been re- (4) all documents pertaining to Workers compensation viewed by legal counsel and found to be a valid exercise of the claims; agency’s legal authority. (5) staff Leasing Services contracts between the license Filed with the Office of the Secretary of State on March 26, holder and client companies; 1998. (6) employee tax records which may be required to be TRD-9804327 retained by or filed with the Texas Workforce Commission; Tommy V. Smith (7) employee tax records which may be required to be Executive Director retained by or filed with the Internal Revenue Service; and Texas Department of Licensing and Regulation (8) employee tax records which may be required to be Effective date: April 15, 1998 retained by or filed with the county or state. Proposal publication date: November 14, 1997 For further information, please call: (512) 463-7357 (c) This section does not require a licensee to obtain documents that it would not otherwise obtain in the course of business ♦♦♦ and does not require a licensee to obtain documents from any other person or entity. This section requires licensees to maintain copies Part VI. Texas Motor Vehicle Board of documents actually received in the course of business or required to be maintained by the governmental entities listed in this section. Chapter 105. Advertising Rules §72.81. Fees - Licensing. 16 TAC §§105.25, 105.26 (a) The two year license and two year renewal licensing fee shall be: The Texas Motor Vehicle Board of the Texas Department of Transportation adopts amendments to §105.25 concern- (1) $3,000 for 0 to 249 assigned employees; ing sales payment disclosures and simultaneous repeals and (2) $4,000 for 250 to 750 assigned employees; and, adopts new §105.26, concerning lease payment disclosures. Sections 105.25 and 105.26 are adopted with changes to the (3) $5,000 for more than 750 assigned employees. proposed text as published in the January 30, 1998, issue of (b) The limited staff leasing services license shall be $1,000. the Texas Register (23 TexReg 699). §72.82. Fees - Background Check. The amendments to §105.25(2) and (4) clarify the required dis- Non-refundable background check fees, when required, shall be $150 closures for the terms of repayment and the annual percentage for each business/corporation and controlling person(s). rate, with regard to advertising closed-end credit transactions. The Board agreed with comments suggesting further clarifica- This agency hereby certifies that the adoption has been re- tion of the rule by deleting the specific requirement to disclose viewed by legal counsel and found to be a valid exercise of the a balloon payment’s due date and adding language to ensure agency’s legal authority. continued availability of unit cost disclosure. The Board also Filed with the Office of the Secretary of State on March 26, concurred with staff revisions designed to clarify the triggering 1998. terms in §105.25. TRD-9804326 New §105.26 conforms to revised Federal Reserve Board Reg- Tommy V. Smith ulation M (12 CFR Part 213) which implements the Consumer Executive Director Leasing Act (15 U.S.C. 1667-1667e). The revised Regulation M became effective April 1, 1997 with a mandatory compliance Texas Department of Licensing and Regulation date of January 1, 1998. The section establishes new disclo- Effective date: April 15, 1998 sure requirements for lease contracts, and revises and stream- Proposal publication date: November 21, 1997 lines lease advertising rules. The Board agreed with changes For further information, please call: (512) 463-7357 designed to clarify the triggering terms in section (a). ♦♦♦ The effect of the amendments to §105.25 will be to better 16 TAC §§72.21, 72.22, 72.60, 72.91 educate the motor vehicle buying public and more readily allow consumers to compare financing terms. The effect of new The Texas Department of Licensing and Regulation adopts the §105.26 will be to help consumers shop and compare lease repeal of §§72.21, 72.22, 72.60 and 72.91, regarding staff terms and conform the rule to federal law governing lease leasing services, without changes to the proposed text as payment disclosures. published in the November 14, 1997 issue of the of Texas Register (22 TexReg 11044). Comments generally in favor of the amendments to §105.25 ex- pressed concern that requiring a specific due date of balloon These sections are being repealed because they are either payments in advertisements would mandate a level of speci- found in the Code or are no longer applicable. ficity and precision unattainable in generic advertisements. Ad- No comments were received regarding adoption of this repeal. ditional comments suggested that the parenthetical language in Section (2) be amended to make it clear that the changes are The repeal is adopted under Texas Labor Code Annotated not intended to limit credit advertising disclosures strictly to a §91 (Vernon 1997), which provides the Texas Department payment schedule, but only to explain that the Board is not re- of Licensing and Regulation the authority to promulgate and

ADOPTED RULES April 10, 1998 23 TexReg 3679 quiring disclosure of anything else. Comments supporting new (2) Amount due at lease signing or delivery. §105.26 were also received. (3) Payment schedule and total amount of periodic The American Association of Automobile Manufacturers payments. (AAMA) and the Association of International Automobile (4) Other itemized charges that are not included in the Manufacturers (AIAM) jointly filed comments suggesting periodic payment. These charges include the amount of any liability additional clarification of the amendments to §105.25. The that lease imposes upon the lessee at the end of the lease term. Texas Automobile Dealers Association commented in support of the amendments and the modifications suggested by AAMA (5) Total of payments. and AIAM. The National Vehicle Leasing Association, Texas (6) Payment calculation: Chapter, filed comments supporting new §105.26. (A) Gross capitalized cost. The amendments to §105.25 and new §105.26 are adopted under §3.06 of the Texas Motor Vehicle Commission Code, (B) Capitalized cost reduction. Article 4413(36) and (36a), Texas Revised Civil Statutes, which (C) Adjusted capitalized cost. provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to (D) Residual value. govern practice and procedure before the agency. (E) Depreciation and any amortized amounts. §105.25. Sales Payment Disclosures. (F) Rent charge. An advertisement that contains the amount of a down payment, in either a percentage or dollar amount; the amount of any payment, (G) Total of base periodic payments. in either a percentage or dollar amount; the number of payments; (H) Lease term. the period of repayment; or the amount of any finance charge, must include the following: (I) Base periodic payment. (1) the amount or percentage of the down payment; (J) Itemization of other charges that are a part of the periodic payment. (2) the terms of repayment (from which the number of months to make repayment and the amount per month can be (K) Total periodic payment. determined) including any balloon payment; (7) Early termination conditions and disclosure of (3) the annual percentage rate or APR; and charges. (4) the amount of annual percentage rate, if increased, (8) Maintenance responsibilities. after consummation of the credit transaction. (9) Purchase option. §105.26. Payment Disclosure - Lease. (10) Statement referencing nonsegregated disclosures. (a) An advertisement that promotes a consumer lease and (11) Liability between residual and realized values. contains the amount of any payment; or a statement of any capitalized cost reduction or other payment required prior to or by delivery, if (12) Right of appraisal. delivery occurs after consummation, must clearly and conspicuously (13) Liability at the end of the lease term based on include the following: residual value. (1) that the transaction advertised is a lease; (14) Fees and taxes. (2) the total amount due prior to or at consummation or (15) Insurance. by delivery, if delivery occurs after consummation; (16) Warranties or guarantees. (3) the number, amounts, and due dates or periods of scheduled payments under the lease; (17) Penalties and other charges for delinquency. (4) a statement of whether or not a security deposit is (18) Security interest. required; and (19) Limitations on rate information. (5) a statement that an extra charge may be imposed at (d) If a lessor provides a percentage rate in an advertisement, the end of the lease term where the lessee’s liability, if any, is based a notice stating that "this percentage may not measure the overall on the difference between the residual value of the leased property cost of financing this lease" shall accompany the rate disclosure. The and its realized value at the end of the lease term. lessor shall not use the term "annual percentage rate," "annual lease (b) Except for a periodic payment, a reference to a charge as rate," or any equivalent term. described in subsection (a)(2), i.e., to components of the total due at (e) A multi-page advertisement that provides a table or lease signing or delivery, cannot be more prominently advertised than schedule of the required disclosures is considered a single adver- the disclosure of the total amount due at lease signing or delivery. tisement if, for lease terms that appear without all of the required (c) If a percentage rate is advertised, that rate shall not be disclosures, the advertisement refers to the page or pages on which more prominent than any of the following disclosures stated in the the table or schedule appears. advertisement, with the exception of paragraph (19) of this subsection, (f) A merchandise tag stating any item listed in subsection the notice required to accompany the rate. (a), must comply with the disclosures in subsection (a)(1)-(5) of this (1) Description of payments. section by referring to a sign or display prominently posted in the

23 TexReg 3680 April 10, 1998 Texas Register lessor’s place of business that contains a table or schedule of the This agency hereby certifies that the adoption has been re- required disclosures. viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. (g) An advertisement made through television or radio stat- ing any item listed in subsection (a), must state in the advertisement: Filed with the Office of the Secretary of State on March 26, 1998. (1) that the transaction advertised is a lease; TRD-9804360 (2) the total amount due prior to or at consummation or Brett Bray by delivery, if delivery occurs after consummation; Director, Motor Vehicle Division (3) the number, amounts, and due dates or periods of Texas Motor Vehicle Board scheduled payments under the lease; and Effective date: April 15, 1998 (4) Either: Proposal publication date: January 30, 1998 For further information, please call: (512) 463–8630 (A) a toll-free telephone number along with a refer- ence that such number may be used by consumers to obtain the infor- ♦♦♦ mation in subsection (a)(1)-(5) of this section. The toll-free telephone number shall be available for no fewer than ten days, beginning on TITLE 22. EXAMINING BOARDS the date of the broadcast and the lessor shall provide the information in subsection (a)(1)-(5) of this section orally or in writing upon re- Part XXIII. Texas Real Estate Commis- quest; or, sion (B) direct the consumer to a written advertisement in a publication of general circulation in the community served by the Chapter 535. Provisions of the Real Estate Li- media station, including the name and the date of the publication, cense Act with a statement that the required disclosures in subsection (a)(1)- (5) of this section are included in the advertisement. The written General Provisions Relating to the Requirements advertisement shall be published beginning at least three days before of Licensure and ending at least 10 days after the broadcast. 22 TAC §§535.1–535.4 This agency hereby certifies that the adoption has been re- viewed by legal counsel and found to be a valid exercise of the The Texas Real Estate Commission (TREC) adopts amend- agency’s legal authority. ments to §535.1, concerning when a real estate license is re- quired, §535.2, concerning a broker s responsibility, §535.3, Filed with the Office of the Secretary of State on March 26, concerning compensation accepted by a salesperson, and 1998. §535.4, concerning compensation paid by a salesperson, with- TRD-9804361 out changes to the proposed text as published in the January Brett Bray 30, 1998, issue of the Texas Register (23 TexReg 707). The Director, Motor Vehicle Division amendments replace gender-specific terms such as "salesman" Texas Motor Vehicle Board or "his" with neutral terms such as "salesperson" or "a person Effective date: April 15, 1998 s." Adoption of the amendments was necessary for TREC to comply with House Bill 814, 75th Legislature (1997) which re- Proposal publication date: January 30, 1998 quires TREC to use the term "salesperson" in all its rules and For further information, please call: (512) 463–8630 documents no later than January 1, 1999, and for TREC to re- ♦♦♦ vise its rules for consistency and style. 16 TAC §105.26 No comments were received regarding the proposed amend- ments. The Texas Motor Vehicle Board of the Texas Department of Transportation adopts the repeal of §105.26, concerning lease The amendments are adopted under Texas Civil Statutes, payment disclosures. Article 6573a, §5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations Existing §105.26 is repealed and by separate simultaneous necessary for the performance of its duties adoption, new §105.26 is adopted to conform the rule to revised Federal Reserve Board Regulation M (12 CFR Part 213) which This agency hereby certifies that the adoption has been re- implements the Consumer Leasing Act. viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. The effect of the repeal is to remove inconsistency and conflict with provisions of federal law governing lease payment disclo- Filed with the Office of the Secretary of State on March 25, sures. 1998. No comments on the proposed repeal of §105.26 were received. TRD-9804298 Mark A. Moseley The repeal is adopted under §3.06 of the Texas Motor Vehicle Commission Code, Article 4413(36) and (36a), Texas Revised General Counsel Civil Statutes, which provides the Board with the authority Texas Real Estate Commission to adopt rules necessary and convenient to effectuate the Effective date: April 14, 1998 provisions of the Code and to govern practice and procedure Proposal publication date: January 30, 1998 before the agency. For further information, please call: (512) 465–3900

ADOPTED RULES April 10, 1998 23 TexReg 3681 ♦♦♦ Commission to make and enforce all rules and regulations Definitions necessary for the performance of its duties. This agency hereby certifies that the adoption has been re- 22 TAC §§535.12, 535.14.–535.17, 535.20 viewed by legal counsel and found to be a valid exercise of the The Texas Real Estate Commission (TREC) adopts amend- agency’s legal authority. ments to §535.12, concerning general definitions, §535.14, con- Filed with the Office of the Secretary of State on March 25, cerning offers to dispose of real estate, §535.15, concerning 1998. negotiations, §535.16, concerning listings, §535.17, concerning appraisals, and §535.20, concerning procuring prospects, with- TRD-9804300 out changes to the proposed text as published in the January Mark A. Moseley 30, 1998, issue of the Texas Register (23 TexReg 708). The General Counsel amendments replace gender-specific terms such as "salesman" Texas Real Estate Commission or "his" with neutral terms such as "salesperson" or "a person Effective date: April 14, 1998 s." Adoption of the amendments was necessary for TREC to Proposal publication date: January 30, 1998 comply with House Bill 814, 75th Legislature (1997) which re- For further information, please call: (512) 465–3900 quires TREC to use the term "salesperson" in all its rules and documents no later than January 1, 1999, and for TREC to re- ♦♦♦ vise its rules for consistency and style. The Commission No comments were received regarding the proposed amend- ments. 22 TAC §535.41 The amendments are adopted under Texas Civil Statutes, The Texas Real Estate Commission (TREC) adopts an amend- Article 6573a, §5(h), which authorize the Texas Real Estate ment to §535.41, concerning procedures of the commission, Commission to make and enforce all rules and regulations without changes to the proposed text as published in the Jan- necessary for the performance of its duties. uary 30, 1998, issue of the Texas Register (23 TexReg 709). The amendment replaces terms such as"chairman" or "his" with This agency hereby certifies that the adoption has been re- terms which are not gender-specific, such as "chairperson" or viewed by legal counsel and found to be a valid exercise of the "the chairperson s." Archaic references to enabling legislation agency’s legal authority. also have been revised with current citations. Adoption of the Filed with the Office of the Secretary of State on March 25, amendment was necessary for TREC to comply with House Bill 1998. 814, 75th Legislature (1997), which replaces gender-specific terms used in Texas Civil Statutes, Article 6573a, and for TREC TRD-9804299 to revise its rules for consistency and style. Mark A. Moseley No comments were received regarding the proposed amend- General Counsel ment. Texas Real Estate Commission Effective date: April 14, 1998 The amendment is adopted under Texas Civil Statutes, Article Proposal publication date: January 30, 1998 6573a, §5(h), which authorize the Texas Real Estate Commis- For further information, please call: (512) 465–3910 sion to make and enforce all rules and regulations necessary for the performance of its duties. ♦♦♦ This agency hereby certifies that the adoption has been re- Exemptions to Requirements of Licensure viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. 22 TAC §§535.31, 535.33 Filed with the Office of the Secretary of State on March 25, The Texas Real Estate Commission (TREC) adopts amend- 1998. ments to §535.31, concerning attorneys at law and §535.33, concerning public officials, without changes to the proposed text TRD-9804301 as published in the January 30, 1998, issue of the Texas Regis- Mark A. Moseley ter (23 TexReg 709). The amendments replace gender-specific General Counsel terms such as "salesman" or "his" with neutral terms such as Texas Real Estate Commission "salesperson" or "a person s." or revise the sections to elimi- Effective date: April 14, 1998 nate use of terms related to a single gender. Adoption of the Proposal publication date: January 30, 1998 amendments was necessary for TREC to comply with House For further information, please call: (512) 465–3900 Bill 814, 75th Legislature (1997) which requires TREC to use the term "salesperson" in all its rules and documents no later ♦♦♦ than January 1, 1999, and for TREC to revise its rules for con- sistency and style. Requirements for Licensure No comments were received regarding the proposed amend- 22 TAC §§535.51–535.53, 535.61, 535.62, 535.66, 535.68, ments. 535.70 The amendments are adopted under Texas Civil Statutes, The Texas Real Estate Commission (TREC) adopts amend- Article 6573a, §5(h), which authorize the Texas Real Estate ments to §535.51, concerning general requirements for licen- sure, §535.52, concerning individual applicants, §535.53, con-

23 TexReg 3682 April 10, 1998 Texas Register cerning corporations and limited liability companies, §535.61, (1) The applicant was licensed as a real estate broker or concerning examinations, §535.66, concerning accreditation, salesperson in this or any other state within the five year period prior §535.68, concerning alternative education for brokers, and to filing the application. §535.70, concerning required coursework, without changes to (2) The course was offered by an accredited college or the proposed text as published in the January 30, 1998, issue university or by a school accredited by the commission. of the Texas Register (23 TexReg 710). The amendment to §535.62, concerning waiver of examination, was adopted with (bb)-(hh) (No change.) one change; an additional term "salesman" was replaced by §535.62. Waiver of Examination. the term "salesperson." The amendments to all the sections re- place terms such as "salesman" or "his" with terms which are (a) The commission shall waive the examination of an not gender-specific, such as "salesperson" or "the salesperson applicant for broker license who has, no more than two years prior s". In some cases, additional terms were used to broaden the to the filing of the application, been licensed as a broker in this scope of the text and avoid use of single gender-specific terms. state. The commission shall waive the examination of an applicant Section 535.52 also was amended to delete an outdated pro- for salesperson license who has, no more than two years prior to the vision relating to the licensing of partnerships under prior law. filing of the application, been licensed in this state as a broker or Adoption of the amendments was necessary for TREC to com- salesperson. ply with House Bill 814, 75th Legislature (1997) which requires TREC to use the term "salesperson" in all its rules and docu- (b) The examination requirements cannot be waived except ments no later than January 1, 1999, and for TREC to revise under the express provisions of this section. its rules for consistency and style. This agency hereby certifies that the adoption has been re- No comments were received regarding the proposed amend- viewed by legal counsel and found to be a valid exercise of the ments. agency’s legal authority. The amendments are adopted under Texas Civil Statutes, Filed with the Office of the Secretary of State on March 25, Article 6573a, §5(h), which authorize the Texas Real Estate 1998. Commission to make and enforce all rules and regulations TRD-9804302 necessary for the performance of its duties Mark A. Moseley §535.61. Examinations and Acceptance of Courses. General Counsel Texas Real Estate Commission (a) To be authorized for admittance to a real estate licensure Effective date: April 14, 1998 examination, either for salesperson or broker licensure, the applicant Proposal publication date: January 30, 1998 must present to the examination proctor a certificate of eligibility For further information, please call: (512) 465–3900 issued by the commission for an initial examination or for a reexamination. Certificates of eligibility will be furnished to the ♦♦♦ sponsoring broker for salesperson applicants, or directly to the applicant for broker licensure. TITLE 25. HEALTH SERVICES (b)-(h) (No change.) Part II. Texas Department of Mental (i) Examination schedules for both salesperson and broker li- Health and Mental Retardation censure examinations are published periodically and reflect the dates, times and locations throughout the state that the examinations will Chapter 401. System Administration be administered. Such schedules will be furnished to applicants for their determination of a location at which to take the examination. Subchapter I. Certification of Community Resi- The examination may be taken at any location shown on the schedule within the time authorized by the applicant’s certificate of eligibility. dential Programs (j)-(z) (No change.) 25 TAC §§401.551-401.565 (aa) The commission may not accept more than one course The Texas Department of Mental Health and Mental Retarda- with the same course title and level or same course content and level tion (department) adopts the repeal of §§401.551-401.565 of completed within three years of each other, unless there have been Chapter 401, Subchapter I, concerning certification of commu- significant changes in the subject matter, such as the promulgation nity residential programs, without changes to the text as pro- of new contract forms, major law revisions, and major changes in posed in the January 23, 1998, issue of the Texas Register (23 real estate financing. The commission may not accept for core TexReg 493). real estate credit a core real estate course completed more than ten The repeal is part of a comprehensive reorganization of chap- years prior to the date of the applicant’s transcript evaluation. The ters and subchapters within the department’s portion of the commission may accept for real estate related course credit a core Texas Administrative Code in conjunction with the review of the course not completed within the ten year period established by this department’s rule base required by Section 167 of Article IX section. If the commission has evaluated the education of a potential of the current Appropriations Act. Community residential pro- applicant, courses acceptable at the time of the evaluation will not grams which have been certified under the provisions of this be rejected under this subsection for a period of one year after the subchapter will be included in the QAIS self-assessments con- date of the evaluation. Provided, however, the ten-year restriction on ducted by the local mental retardation authorities in whose local the acceptance of courses does not apply in either of the following service areas they are located. The self-assessments will be instances. conducted as described in new Chapter 412, Subchapter H,

ADOPTED RULES April 10, 1998 23 TexReg 3683 concerning standards and quality assurance for mental retar- This agency hereby certifies that the adoption has been re- dation community services and supports. viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. A hearing to accept oral and written testimony from the public was held on February 13, 1998, in Austin. No testimony was Filed with the Office of the Secretary of State on March 27, offered concerning the repeals. No written comments were 1998. received. TRD-9804414 The repeals are adopted under the Texas Health and Safety Charles Cooper Code, §532.015, which provides the Texas Mental Health and Chairman, Texas MHMR Board Mental Retardation Board with broad rulemaking authority. Texas Department of Mental Health and Mental Retardation This agency hereby certifies that the adoption has been re- Effective date: April 16, 1998 viewed by legal counsel and found to be a valid exercise of the Proposal publication date: January 23, 1998 agency’s legal authority. For further information, please call: (512) 206–4516 Filed with the Office of the Secretary of State on March 27, ♦♦♦ 1998. Subchapter C. Quality Assurance and Improve- TRD-9804410 Charles Cooper ment System (QAIS) for Mental Retardation Chairman, Texas MHMR Board Services and Supports Texas Department of Mental Health and Mental Retardation Effective date: April 16, 1998 25 TAC §§408.51-408.63 Proposal publication date: January 23, 1998 The Texas Department of Mental Health and Mental Retardation For further information, please call: (512) 206–4516 (department) adopts the repeal of §§408.51-408.63 of Chapter ♦♦♦ 408, Subchapter C, concerning quality assurance and improve- ment system (QAIS) for mental retardation services and sup- Chapter 408. Standards and Quality Assurance ports, without changes to the text as proposed in the January 23, 1998, issue of the Texas Register (23 TexReg 495). Subchapter A. Standards of the Texas Depart- Key provisions of the sections are incorporated into new Chap- ment of Mental Health and Mental Retardation - ter 412, Subchapter H, concerning standards and quality as- surance for mental retardation community services and sup- Quality Assurance ports, as part of a comprehensive reorganization of chapters 25 TAC §§408.1-408.10 and subchapters within the department’s portion of the Texas Administrative Code. The new subchapter is adopted contem- The Texas Department of Mental Health and Mental Retardation poraneously in this issue of the Texas Register. (department) adopts the repeal of §§408.1-408.10 of Chapter A hearing to accept oral and written testimony from the public 408, Subchapter A, concerning standards of the Texas Depart- was held on February 13, 1998, in Austin. No testimony was ment of Mental Health and Mental Retardation - quality assur- offered concerning the repeals. No written comments were ance, without changes to the text as proposed in the January received. 23, 1998, issue of the Texas Register (23 TexReg 494). The repeals are adopted under the Texas Health and Safety The repeal is part of a comprehensive reorganization of chap- Code, §532.015, which provides the Texas Mental Health and ters and subchapters within the department’s portion of the Mental Retardation Board with broad rulemaking authority. Texas Administrative Code. The subchapter adopts by refer- ence a number of national quality assurance standards as well This agency hereby certifies that the adoption has been re- as the department’s mental health and mental retardation stan- viewed by legal counsel and found to be a valid exercise of the dards for services and supports delivered by local authorities agency’s legal authority. in the community. The mental health standards have been in- Filed with the Office of the Secretary of State on March 27, corporated into Chapter 408, Subchapter B, concerning men- 1998. tal health community services standards. Key provisions of the 1988 TDMHMR Community Standards for Mental Retar- TRD-9804412 dation Services have been incorporated into new Chapter 412, Charles Cooper Subchapter H, concerning standards and quality assurance for Chairman, Texas MHMR Board mental retardation community services and supports, which is Texas Department of Mental Health and Mental Retardation adopted contemporaneously in this issue of the Texas Register. Effective date: April 16, 1998 A hearing to accept oral and written testimony from the public Proposal publication date: January 23, 1998 was held on February 13, 1998, in Austin. No testimony was For further information, please call: (512) 206–4516 offered concerning the repeal. No written comments were ♦♦♦ received. The repeal is adopted under the Texas Health and Safety Code, Subchapter E. Health, Safety, and Rights in §532.015, which provides the Texas Mental Health and Mental Community-based Mental Retardation Programs Retardation Board with broad rulemaking authority. 25 TAC §§408.151-408.164

23 TexReg 3684 April 10, 1998 Texas Register The Texas Department of Mental Health and Mental Retar- ance (which adopts by reference the 1988 TDMHMR Commu- dation (department) adopts the repeal of §§408.151-408.164 nity Standards for Mental Retardation Services); Chapter 408, of Chapter 408, Subchapter E, concerning health, safety, and Subchapter C, concerning quality assurance and improvement rights in community-based mental retardation programs, with- system (QAIS) for mental retardation services and supports; out changes to the text as proposed in the January 23, 1998, and Chapter 408, Subchapter E, concerning health, safety, and issue of the Texas Register (23 TexReg 495). rights in community-based mental retardation programs. Key provisions of the sections are incorporated into new Chap- The new subchapter describes the quality assurance and ter 412, Subchapter H, concerning standards and quality as- improvement system (QAIS) by which the quality of community- surance for mental retardation community services and sup- based mental retardation services and supports delivered by a ports, as part of a comprehensive reorganization of chapters local mental retardation authority (MRA) or designated provider and subchapters within the department’s portion of the Texas is assessed by the local MRA or designated provider and the Administrative Code. The new subchapter is adopted contem- department; minimum standards for community based services poraneously in this issue of the Texas Register. and supports as required by the Texas Health and Safety Code (THSC), §534.052, to ensure the health, safety, and rights A hearing to accept oral and written testimony from the public of consumers and their protection from abuse and neglect; was held on February 13, 1998, in Austin. No testimony was and the extension of QAIS to cover community residential offered concerning the repeals. No written comments were programs which formerly were certified by the department received. based on the 1988 TDMHMR Community Standards for Mental The repeals are adopted under the Texas Health and Safety Retardation Services. The minimum standards described in Code, §532.015, which provides the Texas Mental Health and this subchapter replace the more prescriptive 1988 TDMHMR Mental Retardation Board with broad rulemaking authority. Community Standards for Mental Retardation Services and are an integral part of QAIS. Local MRAs and designated providers These sections would affect the Texas Health and Safety Code, collect data as part of the QAIS self-assessment based on these §534.052 and §534.058. standards. The subchapter also includes a section concerning This agency hereby certifies that the adoption has been re- respite services as required by the THSC, §534.057. viewed by legal counsel and found to be a valid exercise of the Throughout the sections the term "individual," as it relates to agency’s legal authority. a person receiving mental retardation services and supports, Filed with the Office of the Secretary of State on March 27, is changed to "consumer"; "legally authorized representative" 1998. is replaced by the acronym "LAR" except for the initial use TRD-9804411 of the term in §412.353; and "local authority" is changed to "local MRA." Also, "local" is added before "MRA" wherever Charles Cooper the latter appeared alone in the sections as proposed, and Chairman, Texas MHMR Board the phrase "services and supports" replaces "supports and Texas Department of Mental Health and Mental Retardation services" in §§412.357 and 412.369. The term "abuse/neglect" Effective date: April 16, 1998 is added to the phrase "health, safety, and rights" in discussions Proposal publication date: January 23, 1998 of outcome measures, minimum standards, or the collection For further information, please call: (512) 206–4516 of required data as part of the MRA’s QAIS self-assessment ♦♦♦ and external evaluation processes. The phrase is revised in §412.351(2) to read "health, safety, rights, and freedom Chapter 412. Local Authority Responsibilities from abuse/neglect," and in §§412.355(a), 412.357(a), and 412.359(b)(2)(B) and(c)(2) to read "health, safety, rights, and Subchapter H. Standards and Quality Assurance abuse/neglect." for Mental Retardation Community Services and Section 412.351 is revised to more accurately convey the subchapter’s purpose of describing the department’s quality Supports assurance and improvement system (QAIS) for community- 25 TAC §§412.351-412.373 based services and supports delivered by local MRAs and their contract providers, and the minimum standards for those The Texas Department of Mental Health and Mental Retar- services and supports. The section clearly states that those dation (department) adopts new §§412.351-412.369, 412.370, services and supports are to be consistent with services 412.371, and 412.373 of Chapter 412, Subchapter H, concern- provided by department facilities. The phrase "for respite ing standards and quality assurance for mental retardation com- services," which inadvertently was omitted from the proposed munity services and supports, with changes to the text as pro- text, is inserted in paragraph (3). posed in the January 23, 1998, issue of the Texas Register (23 TexReg 498). New §412.372 is adopted without changes. Subsection (b) of §412.352, which described general-revenue- funded community residential programs formerly certified under The new subchapter is part of a comprehensive reorganization a subchapter which is repealed in this issue of the Texas of chapters and subchapters within the department’s portion of Register, is deleted as unnecessary. The phrase "funded the Texas Administrative Code. It incorporates selected provi- by the department" is deleted in the stem of §412.352(1) to sions of the following subchapters which are repealed in this clarify that the subchapter applies only to those services and issue of the Texas Register : Chapter 401, Subchapter I, con- supports delivered by local MRAs and their contract providers. cerning certification of community residential programs; Chapter This subchapter does not apply to those providers which have 408, Subchapter A, concerning standards of the Texas Depart- Medicaid contracts with the department but are neither operated ment of Mental Health and Mental Retardation – quality assur- by nor have a contract with a local MRA.

ADOPTED RULES April 10, 1998 23 TexReg 3685 In §412.353, the definitions of "AIDS," "community center," "hep- The misleading construction of §412.357(a) is corrected to atitis B immunization," "hepatitis B testing," "HIV testing," "med- specify that outcome measures for organizations support the ication administration," and "state operated community-based findings of the outcome measures for people. As proposed, MHMR services division" are deleted because they are not the subsection appeared to refer to the organization conducting used in the subchapter. Definitions for "emergency interven- the self-assessment, i.e., the local MRA or designated provider. tions," "organization," "restraint," and "services and supports" A sentence is added in that same subsection which specifies are added. In the definition of "behavior management," the that statistical data related to the outcomes concerning health, phrase "emergency procedures" is changed to "emergency in- safety, rights, and abuse/neglect are to be submitted to the terventions" to avoid confusion with emergency care. The term department for each state fiscal year quarter no later than 30 "defined" is replaced by "described" in the definition of "desig- days after the close of that quarter. nated provider" to reflect that the term is not defined in statute The word "plan" is added following "quality improvement" in but is described in THSC, §534.054. The definition of "HRC (hu- the first sentence of §412.358(a) to correct an omission in man rights committee)" is revised to eliminate unnecessary ver- the proposed text. A reference to the number of outcomes biage, to incorporate a reference to designated providers, and to for organizations was deleted because the number is different move procedural language for incorporation into §412.360. The in the recently released 1998 Outcome Based Performance definition of "legally authorized representative (LAR)" is revised Measures. Upon the adoption of this new subchapter, the to be more succinct and clear. In the definition of "Outcome section which adopts by reference the 1993 Outcome Based Based Performance Measures" the language in subparagraph Performance Measures will be proposed for public comment (A) is revised to emphasize that the focus is on both outcomes to adopt the 1998 Outcome Based Performance Measures for consumers and outcomes for organizations. The definition by reference with an expected effective date of September 1, of "polypharmacy" is revised to reflect the principles of con- 1998. In subsections (c) and (e), the phrase "sampling of sumer empowerment and involvement in medication decisions. the relevant outcomes" is replaced by "sampling of consumers The definition of "provider" is revised to clarify that the term ap- for the presence and absence of outcomes" to clarify that plies only to those private providers which contract with a local local MRAs and designated providers will interview a smaller MRA to deliver community-based services and supports and sample of consumers each quarter to determine the presence to that part of the local MRA which directly provides services or absence of all outcomes, not just those found to be absent and supports. The term "neuroleptic" in the definition of "tardive during the annual self-assessment. dyskinesia" is replaced with "psychoactive" to be consistent with terminology used elsewhere in the sections. A reference to §412.355(a) is added in §412.359(a) to clarify the timelines local MRAs and designated providers must follow The language of §412.354(a) is revised to clarify that local when submitting their annual self-assessment results and qual- MRAs and designated providers will comply with the QAIS ity improvement plans. In that same subsection, new paragraph Implementation Manual in addition to the provisions of this (1) is added which specifies that the foremost purpose of the subchapter. The language of §412.354(b) is revised to clarify external validation portion of QAIS is to assess the quality of the that local MRAs will require that the providers which contract services and supports delivered by local MRAs and designated with them to deliver mental retardation services and supports providers; subsequent paragraphs are renumbered. Language comply with the provisions of this subchapter and with the requiring consent to be obtained from the consumer or the LAR, QAIS Implementation Manual. Subsection (c) is revised to if any, is added in subsection (b)(1)(C). In subsection (b)(1)(E), clarify that Early Childhood Intervention (ECI) programs are not "the" is added in two places where it was inadvertently omitted required to comply with the minimum standards described in in the proposed text. In subsection (b)(2), "are" is replaced with this subchapter. "including" to introduce a listing of the on-site activities con- The language of §412.355(a) is revised to clarify the depart- ducted by external validation teams to confirm the results of ment’s expectations for the annual completion of an organiza- self-assessments. In (b)(2)(B), "consumer" is deleted to reflect tion’s self-assessment and development of a quality improve- that the responses of all persons interviewed as part of the ex- ment plan, specifying that both must be completed within 30 ternal validation activities will be reviewed, including those of the days following the anniversary date of the organization’s ini- consumer, the LAR, if any, and other persons who are actively tial self-assessment. Subsection (b)(2)(A) is revised to clar- involved with a consumer. Language is added in subsections ify membership guidelines for self-assessment teams; where (d) and (e) which references the QAIS Implementation Manual the proposed text recommended that a consumer and/or family as an exhibit to the subchapter. Language in subsection (e) is member serve on the team, the revised language recommends revised to clarify that desk reviews will be conducted by the de- including a "consumer, LAR, or actively involved family mem- partment of all self-assessments and quality improvement plans ber." and to move language requiring that self-assessments be con- ducted annually with subsequent development of a quality im- Language is added in §412.356(a) which references the QAIS provement plan to §412.355(a). The first sentence in subsection Implementation Manual as an exhibit to the subchapter. In (e) is deleted and the requirement that local MRAs and desig- §412.356(c), "program coordinator/case manager" is replaced nated providers conduct a self-assessment and develop quality with "service coordinator" to be consistent with terminology in improvement plan is incorporated into §412.355(a). References other sections and to reflect current usage trends. In addition, to the numbers of outcomes for people and organizations were language is added to that same subsection specifying that deleted in subsection (f) because the numbers are different in written consent will be obtained to conduct interviews with the the recently released 1998 Outcome Based Performance Mea- consumer, LAR, if any, and persons who are actively involved sures. The first sentence of subsection (h) is rewritten to correct in the consumer’s life. The second sentence of subsection an awkward construction. (d) is revised to clarify that self-assessment interviews will be conducted with both consumers and the LARs, if any.

23 TexReg 3686 April 10, 1998 Texas Register In §412.360(a), language is added requiring that information the most recent edition of the Life Safety Code or the edition regarding rights be provided to both the consumer and LAR, if used by the authority having jurisdiction over that site. any, upon the consumer’s admission to services and annually References to a consumer’s LAR are added in §412.368(2) thereafter. A new subsection (b) is added to incorporate to clarify that if a consumer has an LAR, that person will be procedural and membership information which was proposed encouraged to participate in the selection of a qualified respite in the definition of Human Rights Committee (HRC) but which provider, and that family members or other actively involved more appropriately belongs in this section concerning full persons will be involved in the selection with the consent of the expression of consumer rights. The membership information consumer or LAR, if any. In paragraph (6), the language is is revised to clarify that certain provisions are requirements and revised to clarify that a respite plan will be developed for each not suggested guidelines; in addition, the suggestion that one consumer. third of the members not be affiliated with the organization is revised to require that at least one member not be affiliated. Language is added in §412.369(d) requiring that a consumer’s Subsequent subsections are relettered. Paragraph (2) of LAR, if any, will be encouraged to participate in the consumer’s relettered (c) is revised to correct its awkward construction and planning team. Language is revised in paragraphs (2) and to create new paragraph (3), which emphasizes that a review (4) of that subsection to reflect the principles of consumer by the human rights committee is a third aspect of due process empowerment and involvement in making decisions about when limitations of consumers’ rights are proposed. The term needs, goals, services and supports. "individual" is eliminated as excess verbiage in three places in New subsection (b) is added to §412.370 which references relettered subsection (d). The title of the section is revised to the QAIS Implmentation Manual as Exhibit E; the proposed replace the phrase "individual rights" with "legal and civil rights." subsection (b) is relettered as subsection (c). In §412.362, subsection (b) is deleted and the language con- Language referencing QAIS start-up training is deleted in cerning consumer access to appropriate medical and preventive §412.371(a), and language is added in subsection (c) to clarify health care is moved to subsection (c) to replace the phrase "en- that training materials for the self-assessment and quality suring the availability of physician." Subsection (c) is relettered improvement plan teams are provided by The Council on Quality and now states that MRAs and designated providers will as- and Leadership in Supports for People with Disabilities, formerly sist consumers in accessing various health care services. The The Accreditation Council. subsequent sections also are relettered. New subsection (c) is revised to require the policies and procedures of the local MRA A hearing to accept oral and written testimony from the public or designated provider to address appropriate documentation was held on February 13, 1998, in Austin. No oral or written for notifying a consumer’s LAR, if any, of the use of restraint or testimony was offered. Written comments were received from psychoactive medication during a medical or dental procedure. the following members of the public: the parent/guardian of a state school resident, Garland; the guardian of a state school In §412.363, subsection (b)(4) is rewritten to correct an awkward resident, Dallas; Parent Association for the Retarded of Texas construction. A reference to designated providers is added in (PART), Austin; The Arc of Texas, Austin; ACCESS (local subsection (c) consistent with usage in other sections. MRA for Anderson and Cherokee counties), Jacksonville; The In §412.364(b), the "i.e." in the parenthetical phrase is replaced Gulf Coast Center, Galveston; and MHMRA of Harris County, by "e.g." and the term "physical" is deleted to be consistent Houston. with terminology used elsewhere in the sections. In subsection A commenter suggested that instead of borrowing the Outcome (c), the language is revised to use "emergency intervention," a Based Performance Measures from The Council, the depart- definition added in response to public comment. In subsections ment should develop its own list in priority order so even con- (e) and (f) "and/or intrusive" is added between "restrictive" sumers with the most profound levels of mental retardation are and "interventions" to be consistent with the preferred usage included and their needs addressed. The commenter noted that in subsection (b). The second sentence of subsection (c) is The Council represents a wide spectrum of disabilities and that revised to indicate that a functional analysis will be conducted its focus is not specific to the needs and problems of consumers to determine if a behavior management program is needed; as with mental retardation. The commenter also stated that the proposed, the language required that a program be developed. department seems to expect consumers to have more choices A grammatical error is corrected in (f) by replacing "are" about where and with whom to live, where to work, their daily with "is." The acronym "HRC" is substituted for "human rights routine, and other issues than 90 percent of the general popula- committee" in subsection (h)(1) because it was introduced tion. The department responds that the Outcome Based Perfor- earlier in §412.360(b). Subsection (h)(3) is revised to use the mance Measures are not "borrowed." Instead, the department, term consumer consistent with usage elsewhere in the sections. on the recommendation of a broad-based workgroup and with The order of paragraphs (2) and (3) in §412.365 is reversed the support of the Texas Mental Health and Mental Retardation to present a more logical progression of consideration. As Board, contracted with The Council to use the Outcome Based proposed, the order of the paragraphs appeared to suggest Performance Measures as the foundation QAIS. The depart- that physicians were expected to obtain a second opinion ment agrees that The Council works with organizations which regarding the safety of polypharmacy only if tardive dyskinesia assist consumers with a wide range disabilities, but disagrees was suspected. that The Council’s copyrighted system of quality improvement and measurement is inappropriate for evaluating the delivery of In §412.366(d) and (e) the term "state authority" is replaced mental retardation services and supports in the community. with "department" to be consistent with usage elsewhere in the subchapter. One commenter questioned whether ICF/MR and HCS certified programs which are operated by or contracted with by the local In §412.367(3), language is added specifying that all sites of MRA are required to comply with both the QAIS standards service delivery must meet the appropriate chapter of either

ADOPTED RULES April 10, 1998 23 TexReg 3687 and the appropriate certification standards. The department in the performance contracts. The department responds that responds that compliance with both is required when the language regarding timelines will be eliminated from the per- program either is operated by or contracts with the local MRA. formance contract and local MRAs will be referred to the rule to determine when self-assessments and quality improvement Two commenters requested that either "consumer" be defined plans must be completed and submitted to Central Office. The in §412.353 to encompass both the individual with mental language of §412.355(a) is revised to clarify the department’s retardation and the individual’s LAR, or that "LAR" be added expectations for the annual completion of an organization’s self- everywhere the term "consumer" is used in the subchapter. assessment and development of a quality improvement plan. While declining in this subchapter to equate "consumer" with both the individual with mental retardation and the individual’s A commenter requested that inclusion of at least one consumer parent, managing conservator, or guardian, the department or family member on the self-assessment team should be recognizes the importance of LARs for those consumers who required rather than simply recommended in §412.355(b)(2). have them and notes that in some situations the consumer The commenter also requested that MRAs and designated and family (including LAR, when one exists) are considered to providers be required in §412.355(c) to include a peer reviewer be the joint recipients of services and supports while in other from an organization of similar size; as proposed, the provision situations, the consumer alone is the recipient. Language is is simply a suggestion. The commenter acknowledged that revised in the following sections to reference both consumers permitting MRAs some degree of flexibility in determining and LARs when the issues of appropriate involvement in the the composition of their self-assessment teams is necessary, QAIS process or consent are addressed: §§412.355(b)(2)(A), especially for small MRAs, but stated that having team members 412.356(d), 412.362(c), 412.368(2), and 412.369(d). from outside the organization is important. The department responds that permitting MRAs flexiblity in determining the Two commenters requested that a new paragraph be added to composition of their self-assessment teams is essential to the the definition of Human Rights Committee requiring that at least integrity of the self-assessment process, and is consistent one member be a LAR. The department responds that the stem with the key QAIS values of choice and individualization. of the definition specifies that members may include LARs. The department strongly encourages organizations to include A commenter noted that the definition of the HRC does not consumers, LARs and involved family members, as well as peer permit a local MRA’s public responsibility committee (PRC) reviewers, on the self-assessment team, but notes that serving to function as the HRC. The department acknowledges that requires a week of training and regular involvement in the the two committees have different membership critieria, and required quarterly interview to maintain skills. This constitutes specifically notes that the THSC, §596.004, prohibits MRA a significant commitment of time and energy even for MRA employees and people residing outside the local MRA’s service staff, and some small MRAs especially have not been able to area from serving on the PRC, whereas these limitations are recruit consumers, LARs, or family members to serve on the not placed on the HRC. self-assessment teams. The same issues apply to the use of peer reviewers. For these reasons the department prefers not Two commenters objected to the use of the term "planning to mandate the inclusion of consumers, LARs, family members, team" and requested that "interdisciplinary team," which is or peer reviewers at this time. defined in THSC, §596.001, be used instead. The department responds that the use of "planning team" does not conflict Two commenters requested the addition of language in with the statute, and more accurately captures the statewide §412.356(d) requiring that self-assessment interviews involving diversity in how consumers and their personal support networks "other significant people in the consumer’s life" be conducted (including LARs, family members, and friends) approach the only with the consent of the consumer or the LAR. The development of a service and support plan. The department department responds that subsection (c) has been revised to further notes that the definition reflects the reality that the clarify that such consent is necessary. consumer (and LAR, if any) can and should be in control of Two commenters recommended deleting the last sentence of determining what type of services and supports are needed §412.356(d), explaining that it implies the consumer or LAR and appropriate. could not refuse certain services such as residential services A commenter noted that the definition of "respite services" in a group home or supported employment without first trying. permits up to 30 consecutive days of respite while the mental The department responds that the sentence is not intended retardation service definition in both the current performance to interfere with the right of the consumer or LAR to make contract for local MRAs and the draft contract for fiscal year decisions and choices about services and supports. The 1999 permit only 29 days. The department will revise the provision is intended to ensure that local MRAs and designated performance contract to use the 30-day figure. providers provide information about the full range of services and supports to enable consumers and LARs to make informed A commenter noted that the definition of restraint does not choices. incorporate the previous standard that use for less than five minutes of a restraint procedure described in the department’s A commenter noted that "plan" is missing after "quality improve- PMAB (Prevention and Management of Aggressive Behavior) ment" in §412.358(a). The department agrees and adds the curriculum does not constitute restraint. The department omitted word. responds that the more restrictive view of restraint reflected in Two commenters recommended adding a statement in the definition is deliberate and is intended to be more respectful §412.359(a) that one purpose of the external validation portion of consumer rights and personal dignity. of QAIS is to ensure quality of services and supports for A commenter noted that the deadline in §412.355(a) for lo- consumers and LARs. The department agrees with the spirit of cal MRAs to complete annual self-assessments and develop the recommendation, and adds new paragraph (1) stating that quality improvement plans is inconsistent with the requirement external validation is intended to "assess the quality of services

23 TexReg 3688 April 10, 1998 Texas Register and supports" followed by a renumbering of the subsequent Department of Mental Health and Mental Retardation, as required by two paragraphs. the Texas Health and Safety Code (THSC), §534.058; Two commenters recommended adding "and/or LARs" in (2) minimum standards, as required by the THSC, §412.359(b)(2)(B). The department modifies the subparagraph §534.052, for ensuring the health, safety, rights, and freedom from to reflect that the responses of all persons interviewed as part abuse and neglect of consumers receiving community-based mental of the external validation activities will be reviewed, including retardation services and supports; and those of the consumer, the LAR, if any, and other persons who (3) minimum standards for respite services, as required are actively involved with a consumer. by THSC, §534.057. A commenter suggested that the number of outcomes listed §412.352. Application. in §412.359(f) reflects The Council’s 1993 Outcome Based Performance Measures and should be changed to be consistent The provisions of this subchapter apply to community-based mental with the newly revised edition. The department deletes the retardation services and supports delivered by: numbers and explains that the subchapter adopts by reference (1) local MRAs and the providers with which they the 1993 Outcome Based Performance Measures because the contract; and revised edition had not yet been released when the subchapter was proposed in January. The 1998 version will be proposed for (2) designated providers. adoption by reference upon the adoption of the new subchapter §412.353. Definitions. in April. The following words and terms, when used in this subchapter, A commenter stated that local MRAs are not funded to provide have the following meanings, unless the context clearly indicates health care services as is implied by the wording of §412.362(b) otherwise: and (c). The department agrees that the provisions as proposed (1) Actively involved – Involvement with the consumer are misleading and has revised the section as described earlier which the planning team deems to be of a quality nature based on in this preamble. the following: A commenter stated that local MRAs can only "ensure" the (A) observed interactions of the person with the requirements imposed in §412.367 concerning environmental consumer; requirements for those programs they operate or fund. The department agrees with the commenter’s concern and responds (B) advocacy for the best interests of the consumer; that the application section of the subchapter, both as proposed (C) knowledge of and sensitivity to the consumer’s and as strengthened by revisions, clearly states that the local preferences, values, and beliefs; MRA is responsible only for those programs it operates or contracts for. (D) ability to communicate with the consumer; and A commenter recommended that the requirement in (E) availability to the consumer for assistance or §412.367(3) for all service sites to meet the appropriate support when needed. chapter of the most recent edition of the Life Safety Code be (2) Behavior management – All efforts to increase revised to require compliance with the edition used by the socially adaptive behavior and to modify maladaptive or problem regional fire marshal and building code offices. The depart- behaviors and replace them with behaviors and skills that are adaptive ment agrees that the provision is inadequate as proposed and socially productive. This broad category includes behavior and revises the paragraph to require that "all sites meet the interventions, emergency interventions, and both formal and informal appropriate chapter of the most recent edition of the Life planned interactions intended to increase socially adaptive behavior Safety Code (LSC) published by the National Fire Protection and/or to modify maladaptive or problem behaviors. Association (NFPA) or the edition used by the authority having jurisdiction over that site." (3) CARE – The department’s Client Assignment and Registration System, an on-line data entry system developed to The sections are adopted under the THSC, §532.015, which provide demographic and other data about consumers served by the provides the Texas Mental Health and Mental Retardation Board department. with broad rulemaking authority; §534.052, which requires the board to adopt rules to ensure the adequate provision of (4) Department – The Texas Department of Mental community-based mental retardation services by local MRAs; Health and Mental Retardation. §534.058, which requires the department to develop standards (5) Designated provider – As described in the Texas of care for services provided by local MRAs and their subcon- Health and Safety Code, §534.054, a service provider with whom tractors to ensure that the quality of those services is consistent the department contracts for the delivery of a specific community- with the quality of care available in department facilities; and based mental retardation service in a specified local service area of §534.057 which requires the department to adopt rules con- the state if the MRA for that local service area is unable or unwilling cerning respite services. to provide that service. The term does not include a local MRA. §412.351. Purpose. (6) Emergency care – Procedures and interventions This subchapter describes the: designed to respond to medical emergencies. (1) quality assurance and improvement system (QAIS) (7) Emergency interventions – Procedures deemed neces- for community-based mental retardation services and supports which sary to control severely aggressive or destructive behaviors that place is intended in part to ensure that the quality of those services and the consumer or others in imminent danger of harm. This may in- supports is consistent with services provided by facilities of the Texas clude restraint. These procedures are used on an emergency basis in response to behaviors which could not reasonably be anticipated, and

ADOPTED RULES April 10, 1998 23 TexReg 3689 are outside the scope of planned interventions in the context of an (A) family members or other persons who are actively approved behavior modification program. involved in the life of the consumer; (8) Hepatitis B – An infection of the liver caused by the (B) persons who are professionally qualified, certified, hepatitis B virus (HBV). or both, in various professions with special training and experience in the diagnosis, management, needs, and treatment of consumers; (9) HIV – Human immunodeficiency virus. (C) persons who are directly involved in the delivery (10) HRC (human rights committee) – A committee of mental retardation services to the consumer; and appointed by the local MRA or designated provider with the authority to ensure that the civil and legal rights of consumers (D) member(s) of the local MRA’s public responsi- are acknowledged, respected, and protected through the review of bility committee (PRC), if requested by the consumer with the ability organizational practices and approaches. The HRC is a mechanism to provide legally adequate consent or the LAR, if any, or the PRC for ensuring due process. in instances when the consumer does not have either the ability to provide legally adequate consent or an LAR. (11) Informed consent (legally adequate consent) – A term consistent with provisions of the Texas Health and Safety Code, (17) Polypharmacy – Simultaneous use by a consumer §591.006, concerning consent obtained from a consumer which is of more than one psychoactive medication from the same medication legally adequate when each of the following conditions has been met: class, except for those periods of overlapping use when a consumer is changing from one drug to another. (A) legal status: The consumer giving the consent is of the minimum legal age and currently does not have a guardian (18) Provider – appointed to manage personal affairs by an appropriate court of law; (A) Any organization or entity which contracts with (B) comprehension of information: The consumer a local MRA to provide mental retardation services and supports; or giving the consent has been informed of and comprehends the nature, (B) that part of a local MRA directly providing mental purpose, consequences, risks, and benefits of and alternatives to the retardation services and supports. procedure, and the fact that withholding or withdrawal of consent shall not prejudice the future provision of care and services to the (19) Psychoactive medication – Any medication which consumer; and is prescribed for the primary intent of improving cognition, affective state, and/or behavior. (C) voluntariness: The consent has been given volun- tarily and free from coercion and undue influence. (20) Quality Assurance and Improvement System (QAIS) – The framework by which local MRAs and designated providers (12) Legally authorized representative (LAR) – The measure the quality, efficiency, and effectiveness of their organiza- parent or managing conservator of a consumer who is a minor or, tions and the services and supports they provide to consumers either the guardian of the person of an adult consumer. directly or by contracting with providers. It is an outcome-oriented (13) Local mental retardation authority (MRA) – As de- system that concentrates on measuring desired results and the pro- fined in the Texas Health and Safety Code, §531.002, an entity to cesses used to obtain those results, as defined by the consumer. The which the Texas Mental Health and Mental Retardation Board del- system is based on The Council’s Outcome Based Performance Mea- egates its authority and responsibility within a specified region for sures and involves three stages: planning, policy development, coordination, and resource develop- (A) self-assessment; ment and allocation and for supervising and ensuring the provision of mental retardation services to consumers in one or more local ser- (B) quality improvement plan; and vice areas. (C) external validation. (14) Organization – A local MRA or designated provider. (21) Respite services – Services which assist both con- (15) Outcome Based Performance Measures – The Coun- sumers and their families during times of crisis or other specific cil’s copyrighted system of quality improvement and measurement events. Designed to be of short duration, the services may vary from that emphasizes responsiveness on the part of service organizations one day to a maximum of 30 consecutive calendar days per episode. to the individual needs of that organization’s consumers rather than Respite services may be provided either in the consumer’s home or traditional compliance with established standards. The system: in a residence operated or contracted for by the local MRA. (A) focuses on outcomes for consumers and the (22) Restraint – The use of physical force or a mechanical organizational processes that contribute to those outcomes; device to involuntarily restrict the free movement of the whole or a portion of a consumer’s body to control physical activity. (B) is concise, focusing on those priority outcomes that people with disabilities indicate are most important to them; and (23) Services and supports – Programs and assistance for consumers with mental retardation that may include a determi- (C) can be used with all services and programs – nation of mental retardation, planning team recommendations, edu- residential, vocational, social, or residential – and for consumers with cation, special training, supervision, care, treatment, rehabilitation, different disabilities. residential care, and counseling, but does not include those services (16) Planning team – The consumer, the LAR, if any, or programs that have been explicitly delegated by law to other state and those persons chosen by the consumer and LAR, if any, who agencies. assess the consumer’s treatment, training, and service/support plan (24) Tardive dyskinesia – A possible side effect of needs and make recommendations to the local MRA or designated psychoactive medication characterized by involuntary and abnormal provider for services which will enable the consumer to meet desired movements which are purposeless and stereotypical. personal outcomes. Team members typically could include:

23 TexReg 3690 April 10, 1998 Texas Register (25) The Council – The Council on Quality and Lead- (B) one direct care staff person; ership in Supports for People with Disabilities, formerly The Ac- (C) one person from the local community who has no creditation Council, is a diversified quality enhancement organization affiliation with the organization; and with an international focus in the field of human services which: develops standards of quality; develops and disseminates materials; (D) one administrative staff person. provides training, consultation, and technical assistance; and operates (c) The local MRA or designated provider also may choose an accreditation program for organizations which serve people with to include on the team persons from other local MRAs or designated disabilities. providers of similar size. Having a team member from outside (26) Tuberculosis – A disease spread through airborne the organization may prove beneficial when reviewing the outcome particles containing tubercle bacilli which become established in the measures for organizations. lungs and may spread throughout the body. (d) Team members will receive training in the self- §412.354. Responsibilities of Local MRAs and Designated assessment process in addition to an orientation which includes Providers. an overview of the consumers being reviewed, the importance of confidentiality, scheduling, and team assignments. (a) Through its contract with the department, the local MRA or designated provider shall assure its compliance with the provisions (1) The training is based on model curriculum provided of this subchapter and the QAIS Implementation Manual, which by the department, as described in §412.371 of this title (relating to is referenced as Exhibit E in §412.370(b) of this title (relating to Training.) Exhibits). (2) Each team member will sign a statement agreeing (b) Through its contracts with other providers, the local to respect the confidential nature of the information concerning the MRA shall require compliance with the provisions of this subchapter consumers being reviewed. and the QAIS Implementation Manual, which is referenced as Exhibit (e) The self-assessment will be performed using guidelines E in §412.370(b) of this title. provided by the department, applicable department rules, and the (c) Programs under the purview of the Texas Interagency organization’s contract with the department. Council on Early Childhood Intervention (ECI) are not required to (f) The self-assessment process should take no longer be surveyed as a part of QAIS nor are they required to comply with than 15 working days with a formal feedback session immediately minimum standards described in this subchapter. following the completion of the self-assessment. This timeframe (d) Nothing in this subchapter is intended to diminish or permits the organization to gain a "snapshot" of itself and maintain the negate any contractual requirement on the organization, including a continuity and validity of the self-assessment. The self-assessment is contractual requirement to comply with applicable department rules. divided into the following key components: §412.355. Self-assessment by Local MRAs and Designated (1) visits to settings where services and supports are Providers. provided for: (a) During every fiscal year, each local MRA and desig- (A) discussion and interaction with consumers, staff, nated provider will conduct a self-assessment with the subsequent service coordinators, and other significant people; development of a quality improvement plan as described in §412.358 (B) observation of the environment; and of this title (relating to Quality Improvement Plan). These will be completed within 30 days following the anniversary date of the initial (C) review of documentation, when necessary; self-assessment and submitted to the department’s Office of Quality (2) the completion of all individual consumer interviews; Management. The self-assessment is based on The Council ’s Out- come Based Performance Measures which are adopted by reference (3) the team synthesis and consensus process including; as Exhibit A in §412.370 of this title (relating to Exhibits) and is (A) compilation of interview or rating sheets; and designed to evaluate two aspects of quality, which are: (B) a consensus to generate a summary report of (1) outcomes of services that contribute to the quality of findings; and life (outcome measures for people); and (4) feedback session for the CEO and invited staff. (2) the organizational structure and processes that support quality services and supports (outcome measures for organizations). §412.356. Outcome Measures for People. (b) The self-assessment is conducted by a team comprising (a) The outcome measures for people survey is designed at least four people, including the team coordinator. to measure the impact of services and supports on the lives of consumers. (1) The chief executive officer (CEO) or designee of the local MRA or designated provider names a staff member as team (b) A stratified, random sample for the survey is developed as coordinator. described in the QAIS Implementation Manual, which is referenced as Exhibit E in §412.370(b) of this title (relating to Exhibits). Technical (2) The team coordinator selects other members of the assistance in developing the sample is available from the department’s team with consideration given to both the communication needs Office of Research and Evaluation. and the diverse cultural, ethnic, and religious backgrounds of the consumers who receive services and supports from that local MRA (c) The service coordinator for each consumer included in or designated provider. Recommended team members include: the survey will be contacted by the team coordinator or another team member to explain the assessment process and to obtain the (A) at least one consumer, LAR, or actively involved written consent of the consumer or the consumer’s LAR, if any, as family member; described in Chapter 403, Subchapter K of this title (relating to Client-

ADOPTED RULES April 10, 1998 23 TexReg 3691 Identifying Information) to conduct interviews with the consumer, as the organization’s strategic plan or reports of other regulatory LAR, and other significant people in the consumer’s life. entities, reviews the organization’s monitoring of critical issues data analysis, develops a concise profile of the strengths and weaknesses (d) The presence of each outcome is determined by the evident in critical areas, determines areas for improvement, and consumer or the consumer’s LAR. It is evidenced through the arranges these in priorities based upon the organization’s mission interview process with the consumer, the LAR, if any, and the other and its contract with the department. significant people in the consumer’s life. An outcome also can be met if it is absent but the consumer or legal representative has determined (1) As part of the analysis, strategies that address high that it is unimportant to the consumer. There should be evidence that priority issues and barriers to opportunities for improvement are the consumer or LAR has an experiential context for making such a identified and described. choice. (2) Ultimately, the team consolidates the results of these (e) The interview is supplemented by observations of the efforts into a written quality improvement plan consistent with any consumer’s environment and, when necessary, by reviewing docu- additional strategy or planning done by the organization. mentation to resolve perceived conflicts in information. (e) The following should be reflected in the quality improve- (f) Each outcome measure will be addressed with every ment plan: consumer chosen for the interview process. (1) the organization’s mission statement; (g) The Outcome Measures for People Results Worksheet (2) goals essential for the fulfillment of the mission; is adopted by reference as Exhibit B and the Outcomes for People Scoring Grid is adopted by reference as Exhibit C in §412.370 of this (3) action steps which will lead to the accomplishment title. of goals and which are specific enough to articulate responsibilities across the organization; §412.357. Outcome Measures for Organizations. (a) The outcome measures for organizations support the (4) a quarterly evaluation process which will document findings of the outcome measures for people. The issues of health, progress towards goals, illuminate areas for further quality enhance- safety, rights, and abuse/neglect are reviewed through assessment of ment endeavors, and include a sampling of consumers for the presence the services and supports provided by the organization. Data related and absence of outcomes; and to health, safety, rights, and abuse/neglect outcomes are submitted to (5) an evaluation process which describes and assesses the department for each state fiscal year quarter no later than 30 days leadership and its involvement in setting direction, and developing after the close of the quarter. and maintaining a leadership system that supports the mission. (b) The organization’s written documentation, together with §412.359. External Validation. interviews of designated staff and other stakeholders and the observa- tions of team members, form the basis for reviewing the outcomes for (a) The local MRA or designated provider will submit organizations. Documentation of a utilization management process, its annual self-assessment results and quality improvement plan as policies and procedures, and strategic planning will be in evidence. described in §412.355(a) of this title (relating to Self-assessment by Local MRAs and Designated Providers) to the department’s Office of (c) An organization profile will be generated by the team Quality Management for the external validation portion of the QAIS. which identifies the extent to which processes contribute to outcomes, The external validation is intended to: strengths in meeting outcomes, and areas needing improvement. (1) assess the quality of services and supports; (d) The Outcomes for Organizations Results Worksheet is adopted by reference as Exhibit D in §412.370 of this title (relating (2) reassure the public that public funds are being to Exhibits). expended prudently for the purpose intended; and §412.358. Quality Improvement Plan. (3) affirm to the administrators of the local MRA or (a) The quality improvement plan is intended to be a designated provider and to the trustees of the local MRA that QAIS dynamic document that guides the organization in assuring that is being implemented as intended and that data are representative of improvements are made which support consumers in realizing their the organization’s performance. desired outcomes. Consistent with the quality improvement plan, the (b) The external validation process consists of three phases: organization will implement changes which facilitate its achievement of the outcomes for organizations described in Exhibit A in §412.370 (1) pre-visit activities including: of this title (relating to Exhibits). (A) desk review of requested documentation; (b) A team selected by the organization’s CEO to coordinate (B) determination of external validation team compo- the quality improvement plan activities should include at least one sition; representative from the self-assessment team to ensure the continuity of the process. (C) selection of an independent, stratified/random sample of consumers from the CARE system, separate from the (c) The quality improvement plan is developed within 30 sample used by the organization in the self-assessment as described in calendar days of the feedback session described in §412.355(f)(4) of §412.356 of this title (relating to Outcome Measures for People), for this title (relating to Self-assessment by Local MRAs and Designated interviews which will be conducted with the written consent of the Providers) and will be reviewed, amended, and acted upon as consumer or the LAR, if any, as described in Chapter 403, Subchapter determined necessary by a quarterly sampling of consumers for the K of this title (relating to Client-Identifying Information); presence and absence of outcomes. (D) scheduling of on-site external validation process (d) In developing the quality improvement plan, the team activities: and analyzes the self-assessment data and other relevant information such

23 TexReg 3692 April 10, 1998 Texas Register (E) coordination of the external validation process (g) Information obtained during the external validation with the organization; of every organization’s self-assessment and quality improvement plan will be used by the department for contract enforcement and (2) on-site activities intended to confirm the findings and negotiations and in compiling statewide data related to outcomes for products of the organization’s self-assessment and quality improve- people and organizations. ment plan including: (h) Deemed status will be granted by the department to (A) examination of the products of the internal self- those organizations accredited by The Council based on evidence assessment through validation of the organization’s implementation of continuing accreditation presented to the department’s Office of of the self-assessment instrument and quality improvement plan; Quality Management. These organizations will be exempt from the (B) feedback regarding responses on all outcomes and on-site external validation process, but will be required to submit confirmation of the findings on the health, safety, rights, and abuse/ an annual self-assessment and quality improvement plan to the neglect outcome measures through interviews with the consumers department’s Office of Quality Management for data compilation selected in the random sample described in paragraph (1)(C) of this and further contract negotiation. Deemed status for accreditation by subsection; and other nationally recognized accreditation associations which meet the requirements of QAIS will be considered by the department’s Office (C) establishment of the organization’s overall inter- of Quality Management upon request by a local MRA or designated rater reliability; and provider. (3) followup reporting activities including: §412.360. Encouraging Full Expression of Legal and Civil Rights. (A) an optional closed exit conference with key staff, (a) The local MRA or designated provider will encourage at the discretion of the organization chief executive officer; the full expression of legal and civil rights by each consumer and (B) an open exit conference for staff, consumers, will provide supports, as necessary, to assist consumers and their advocates, parents, and other interested parties; and LARs in the exercise of their rights. The local MRA or designated provider will fully inform consumers and their LARs of their rights (C) provision of information to the department’s as guaranteed under the Persons with Mental Retardation Act (Texas Community Services Division. Health and Safety Code, Title 7, Subtitle D) upon admission to (c) The external validation team leader will: services and at least annually thereafter. In doing so, the local MRA or designated provider will refer to Chapter 405, Subchapter Y of this (1) provide information to the department’s Community title (relating to Client Rights – Mental Retardation Services) and use Services Division regarding the organization’s performance as re- the handbook prescribed in the subchapter. flected in the self-assessment and the status of the quality improve- ment plan; and (b) The local MRA or designated provider has a Human Rights Committee (HRC) as a mechanism for ensuring due process (2) notify the organization’s CEO and department’s for consumers when a limitation of a consumer’s rights is being Community Services Division of problems in the outcome areas considered. of health, safety, rights, and abuse/neglect which require immediate action. (1) Members include, but are not limited to, consumers served by the local MRA or designated provider, LARs, actively (d) The membership of the external validation team is com- involved family members, and local advocates. posed as described in the QAIS Implementation Manual, which is referenced as Exhibit E in §412.370(b) of this title (relating to Ex- (A) Minimally, one committee member is experienced hibits). in issues and decisions regarding human rights. (e) The department’s Office of Quality Management will (B) At least one committee member is knowledgeable conduct a desk review of the annual self-assessment and quality of current behavior management strategies. improvement plan submitted by each organization as described in (C) At least one committee member is not affiliated §412.355(a) of this title. The on-site visit portion of the external with the local MRA or designated provider. validation component will take place in one, two, or three year cycles, depending on the organization’s accomplishment as reflected (2) Any member directly involved in the development, in the following elements which are described in detail in the review, or approval of a proposal before the committee will not take QAIS Implementation Manual, which is referenced as Exhibit E in part in deliberations relative to that proposal. §412.370(b) of this title: (3) Members will receive appropriate training to maxi- (1) a valid self-assessment; mize the benefit of their participation on the committee. (2) addressing of high impact issues in the quality (c) The local MRA or designated provider shall ensure that improvement plan; due process is provided when an consumer’s rights must be limited. As applicable, see Chapter 405, Subchapter J of this title (relating to (3) completion and implementation of a quality improve- Surrogate Decision-Making for Community-Based ICF/MR and ICF/ ment plan; and MR/RC Facilities). Due process includes: (4) presence of outcomes and processes in the self- (1) obtaining informed consent in writing for a period assessment. not to exceed one year from the consumer or the LAR; and (f) The outcomes for organizations described in Exhibit A (2) review by the planning team; and assess whether an organization has the necessary and appropriate processes in place to support the outcomes for people. (3) review by the HRC.

ADOPTED RULES April 10, 1998 23 TexReg 3693 (d) When rights must be limited, the planning team will (c) The local MRA or designated provider has written consider what, if any, training or modifications to the service plan policies and procedures which address the use of physical restraints might enable the limitations to be removed. and psychoactive medication when necessary during a medical or dental procedure or to promote healing following a medical procedure (e) The local MRA or designated provider shall develop or an injury. The policies and procedures shall address appropriate and implement written policies and procedures for reporting and documentation including: investigating allegations of rights violations and allegations of abuse, neglect, and exploitation, and taking appropriate action in confirmed (1) medical necessity; cases. See Chapter 405, Subchapter Y of this title and Chapter 404, (2) the behavior to be controlled; Subchapter B of this title (relating to Abuse, Neglect, and Exploitation of People Served by Providers of Local Authorities), and Chapter 404, (3) a physician’s or dentist’s written order; Subchapter A of this title (relating to Abuse, Neglect, and Exploitation (4) renewals, if necessary, every 12 hours; in TDMHMR Facilities.) (5) provision of appropriate medical treatment and ob- (f) Procedures for appeal of decisions shall be delineated servation; and and publicized, and shall include a mechanism for external review or mediation if agreement cannot be reached. For local MRAs, (6) notification of the LAR, if any. these procedures will include those set forth in §401.464 of this title §412.363. Infection Control. (relating to Notification and Appeals Process). See Chapter 401, Subchapter G of this title (relating to Community Mental Health and (a) In accordance with recommendations of The Centers Mental Retardation Centers.) For Disease Control and Prevention and the Occupational Safety and Health Administration, the local MRA or designated provider shall §412.361. Human Resources. ensure that an infection control plan is in place to decrease the risk The local MRA or designated provider ensures that: for infection and/or transmission of diseases. (1) all staff possess the work experience and education/ (b) The plan addresses the following: credentials required by the job description or contract; (1) orientation training and updates; (2) professional personnel are licensed, certified, or (2) prevention and management of infections for staff/ registered, if required by law; providers and consumers (to include, but not be limited to, HIV, (3) verification of credentials and verification of the hepatitis B, and tuberculosis); renewal of credentials is maintained in the human resource file for (3) postexposure treatment for consumers and staff; all certified or licensed professionals; (4) procedures for notifying the Texas Department of (4) there is a mechanism in place for maintaining and Health (TDH) of instances of reportable diseases; ensuring standards of professional and ethical practice; (5) personnel policies in compliance with state and (5) staff have the necessary training and demonstrate the federal law; necessary skills to ensure that the consumer’s health, safety, and support needs are met; and (6) criteria for determining when a consumer should be tested for HIV and hepatitis B; (6) documentation is maintained of the type and content of training and attendance records. (7) hepatitis B immunization; and §412.362. Medication Practice and Health Related Services. (8) special waste disposal as required by TDH as described in 25 TAC §§1.131-1.137 . (a) The local MRA or designated provider operates in accordance with accepted principles of practice and applicable federal (c) Documentation shall be included in the records of and state laws and regulations to ensure medication is administered the local MRA or designated provider that the plan has been safely and appropriately. The written policies and procedures of the implemented. local MRA or designated provider shall address: §412.364. Behavior Management. (1) proper handling, storage, and disposal of medications; (a) The local MRA or designated provider has written (2) proper use of telephone orders; policies and procedures addressing behavior management which: (3) administration of medications by staff licensed or (1) specify all approved interventions including aversive authorized to administer medications; procedures and techniques; (4) supervision of self-administration; (2) designate a hierarchy of intervention from most positive and least intrusive to most restrictive and intrusive; and (5) administration of medications without errors; and (3) specify accepted standards of professional practice (6) documentation of follow up and corrective action for the use of these interventions. when medication errors do occur. (b) Restrictive and/or intrusive interventions (e.g. restraint, (b) The local MRA or designated provider assists the time-out, or psychoactive medications) are used only when warranted consumer in accessing appropriate medical and preventive health by the severity of the behavior, based on a functional analysis and care, dental, nursing, pharmacy, and laboratory services by qualified team input, and result in desired behavioral outcomes. personnel, in compliance with laws and regulations, based on each consumer’s needs, and provides for emergency care during hours of (c) Emergency interventions are used when the behavior is program operation. not predictable and presents the clear threat of injury to self or others.

23 TexReg 3694 April 10, 1998 Texas Register If emergency interventions are needed more than twice during two (2) the physician obtains a second opinion to review and consecutive months a functional analysis is undertaken to determine determine the safety of any usage of polypharmacy or dosage levels if a program to reduce the frequency and severity of the identified over the maximum when clinically indicated prior to the consumer behaviors is needed. receiving such medications; (d) Restrictive and/or intrusive interventions may be used as (3) when tardive dyskinesia is suspected, the physician: part of an individualized plan that is intended to lead to less restrictive (A) informs the consumer and/or LAR; means of managing and eliminating the behavior or controlling the symptoms of mental illness. (B) discusses treatment options; and (e) Monitoring of the consumer during all restrictive and/ (C) documents in the record that the consumer and/or or intrusive interventions is at the appropriate level for the type of LAR has been informed of the suspected condition, possible treatment intervention being used and assures that the consumer’s rights are options, and the rationale for the treatment chosen; protected. (4) informed consent in writing for a period not to exceed (f) All restrictive and/or intrusive interventions addressing one year from the consumer, LAR, or a surrogate decision-making the management of targeted behavior are justified by the functional committee, if applicable, as described in Chapter 405, Subchapter J assessment, the current level of behavior, and are reviewed by the of this title (relating to Surrogate Decision-Making for Community- treatment team at least annually to determine the ongoing need and Based ICF/MR and ICF/MR/RC Facilities) is obtained prior to to assess for the possible decrease in the use of the intervention, initiation of the medication unless the use is necessitated by an based on current clinical evidence. When possible, the acquisition of emergency as described in §412.364 of this title (relating to Behavior adaptive replacement behaviors is also measured. Management). Informed consent must include: (g) Other interventions (e.g. environmental engineering, (A) an explanation of the medication and its purposes; counseling) are similarly evaluated for their effectiveness through the (B) expected beneficial effects, side effects and risks; use of individualized and quantified measures. (C) probable consequences of not taking medication; (h) Except in an emergency, written informed consent for a period not to exceed one year is obtained when restrictive and/or (D) the existence and value of alternative less restric- intrusive interventions are included as part of a behavior management tive forms of treatment, if any, and why the physician rejects the program. alternative therapy; (1) The HRC should review the situation carefully as a (E) instruction that the consumer with the ability to matter of due process. When the failure to obtain written informed provide legally adequate consent or the LAR may withdraw consent consent is based on the consumer’s assessed inability to provide at any time without negative actions on the part of staff; legally adequate consent, the need for obtaining a guardian should (F) an offer to answer any questions concerning the be considered. When applicable, surrogate decision making will be medication and its use; and considered as described in Chapter 405, Subchapter J of this title (relating to Surrogate Decision-Making for Community-Based ICF/ (G) a specification of the time period to be covered MR and ICF/MR/RC Facilities.) by the consent document; (2) The consumer or guardian have the right to withdraw (5) informed consent will be obtained on at least an consent to treatment at any time without regard to any time limit annual basis or any time the medication regimen is altered in a way specified in the consent form. which would result in a change of medication class or result in a significant change in the risks or benefits to the consumer; and (3) A comsumer does not have the right to cause injury to self or others, but does have a right to be free of unnecessary (6) if the consumer with the ability to provide legally drugs and other restrictive interventions and to receive appropriate adequate consent or the LAR consents to the administration of treatment. This can best be ascertained when planned interventions psychoactive medication but is physically unable to provide written are evaluated and determined to be effective. consent, the physician will document the verbal consent in the consumer’s record. §412.365. Psychoactive Medications. §412.366. Consumer Records. In accordance with accepted principles of practice, the local MRA or designated provider shall ensure that: (a) In accordance with accepted principals of practice, each local MRA or designated provider must insure that a separate (1) psychoactive medications are used judiciously as confidential record is established and maintained for each consumer part of an individualized plan in which the following are carefully receiving services. This record must provide accurate documentation considered: of the organization’s efforts to provide health care, habilitation and (A) rationale including current DSM diagnosis; support services, social information, and the protection of rights. The record should provide a readily accessible means of communication (B) benefits of treatment in light of potential risks of among all service providers. the targeted behavior; (b) The local MRA or designated provider will ensure that (C) overall impact on the consumer’s quality of life; record entries: (D) adjunctive procedures; (1) are accurate; (E) monitoring of side effects; and (2) are legible; (F) monitoring for efficacy; (3) are chronological;

ADOPTED RULES April 10, 1998 23 TexReg 3695 (4) are not altered; (6) require development of a respite plan for each consumer which includes addressing the unique medical and support (5) are properly corrected when errors in documentation needs of the consumer. occur; §412.369. Additional Requirements. (6) are timely; (7) are properly signed and dated; (a) The local MRA or designated provider assists consumers to enter the service delivery system whether or not they are admitted (8) do not reference other consumers; to direct services operated/contracted by the local MRA. (9) use only accepted abbreviations and symbols; (b) The local MRA or designated provider ensures that in- (10) provide comprehensible documentation of services formation and education materials are available which are adapted to provided; and the cultural, economic and educational characteristics and translated into the languages appropriate to the major population subgroups of (11) are consistent with written policies and procedures. the local service area. (c) Falsification of records is prohibited and the local MRA (c) The local MRA or designated provider ensures that or designated provider will ensure that falsification of records is not services provided by two or more agencies are coordinated/integrated supported, encouraged, or condoned under any circumstances. and consistent with the needs of the consumer. (d) The local MRA or designated provider must provide (d) The local MRA or designated provider ensures that: and maintain accurate and complete consumer data as required by the department through the performance contract or performance (1) each consumer and the LAR, if any, are encouraged memorandum and this subchapter. to participate in the planning team; (e) The local MRA or designated provider shall make all (2) each planning team designs an individually tailored records, reports, and other program information available for review plan of services and supports (formal and informal) which describes on a timely basis when requested by the department. how the local MRA will assist the consumer in acquiring needed and desired skills and meeting personal goals; §412.367. Environmental Requirements. (3) plans are modified or changed in response to the con- The local MRA or designated provider ensures that: sumer’s specific accomplishments, need or desire for new programs, (1) each consumer’s environment promotes human rights or difficulties in acquiring or maintaining skills; and and dignity; (4) a staff person is designated to be accountable for (2) each consumer is served by a sufficient number and supporting and assisting the consumer and LAR, if any, in planning, type of staff to provide services needed and to insure the consumer’s coordinating, and monitoring services and supports. safety and health; (e) The local MRA or designated provider ensures that: (3) all sites meet the appropriate chapter of the most (1) prior to admission to services a determination of recent edition of the Life Safety Code (LSC) published by the mental retardation is made as described in Chapter 405, Subchapter National Fire Protection Association (NFPA) or the edition used by D of this title (relating to Determination of Mental Retardation and the authority having jurisdiction over that site; Eligibility for Admission to Services.) (4) all sites have emergency plans which address relevant (2) assessments appropriate to the needs of the consumer emergencies appropriate for the type of service, geographic location, and in response to requests by the consumer or LAR are obtained in and the consumers; order to direct and guide the service provision; (5) all staff are knowledgeable of the emergency plans (3) within 21 days of initial contact the consumer is: and that staff and consumers follow the plans during both drills and real procedures; and (A) admitted into existing services; (6) the local sanitation codes and licensure requirements (B) placed on a waiting list for existing services; or are met. (C) determined to be ineligible for services and §412.368. Respite Services. referred to an agency that can address the service request; and The local MRA has written policies and procedures addressing the (4) when available services have been refused by the provision of respite services which shall: consumer or LAR, if any the refusal is documented and appropriate alternatives are considered. (1) encourage the use of existing local providers; §412.370. Exhibits. (2) encourage participation by the consumer, LAR, if any, and, with the consent of the consumer or LAR, by family members (a) Documents adopted by reference in this subchapter and other actively involved persons in the choice of a qualified include: provider; (1) Exhibit A – The Council’s Outcome Based Perfor- (3) describe how in-home providers are selected and mance Measures – 1993; trained; (2) Exhibit B – Outcomes for People Results Worksheet; (4) describe how emergency backup for in-home respite (3) Exhibit C – Outcomes for People Scoring Grid; and care providers is provided; (4) Exhibit D – Outcomes for Organizations Worksheet. (5) address admission procedures; and

23 TexReg 3696 April 10, 1998 Texas Register (b) The QAIS Implementation Manual is referenced in this Proposal publication date: January 23, 1998 subchapter as Exhibit E. For further information, please call: (512) 206–4516 (c) Copies of the Outcome Based Performance Measures ♦♦♦ listed in subsection (a)(1) of this section may be obtained by con- tacting The Council, 100 West Road, Suite 406, Towson, Maryland TITLE 34. PUBLIC FINANCE 21204. All other documents listed in subsections (a) and (b) of this section may be obtained by contacting the Office of Policy Develop- Part III. Teacher Retirement System of ment, Texas Department of Mental Health and Mental Retardation, Texas P.O. Box, 12668, Austin, Texas 78711-2668. §412.371. Training. Chapter 29. Benefits (a) Training and other learning opportunities for all stake- 34 TAC §29.21 holders of the local MRA or designated provider and for the members of the external validation teams are based on The Council’s Outcome The Teacher Retirement System of Texas (TRS) adopts a new Based Performance Measures and other service quality improvement §29.21 concerning the tables to figure life expectancy needed concepts. to administer a new law found at § 824.1012 of the Government Code. § 29.21 is adopted without changes to the proposed text (b) Training is consistent with guidelines and materials published in the January 23, 1998 issue of the Texas Register provided by the department and must be tailored to the needs and (23 TexReg 526). interests of the stakeholder groups. The justification for TRS to adopt this rule is to establish needed (c) Training material supplied by The Council for the ife expectancy tables to allow a retiree to change a beneficiary. QAIS self-assessment review team and the quality improvement plan With the new tables, TRS will be able to determine how long to team include information on interviewing techniques, confidentiality, make payments to a new beneficiary. decision-making, and the processes for implementing the self- assessment and the quality improvement plan. No public comments were made on this proposal. §412.373. Distribution. The new section is adopted under the Government Code, Chapter 825, §825.102, which provides the Board of Trustees (a) Copies of this subchapter shall be distributed to: of the Teacher Retirement System with the authority to adopt (1) members of the Texas Mental Health and Mental rules for the administration of the funds of the retirement system. Retardation Board; In addition, § 824.1012 of the Government Code allows the changes in beneficiary which this rule addresses. (2) executive, management, and program staff of the department’s Central Office; This agency hereby certifies that the adoption has been re- viewed by legal counsel and found to be a valid exercise of the (3) chairs of boards of trustees of local MRAs; agency’s legal authority. (4) CEOs of local MRAs and designated providers; and Filed with the Office of the Secretary of State on March 25, (5) interested advocates and advocacy organizations. 1998. (b) The CEOs of local MRAs and designated providers are TRD-9804306 responsible for distributing copies of this subchapter to: Charles Dunlap Executive Director (1) appropriate staff; Teacher Retirement System of Texas (2) providers; Effective date: April 14, 1998 (3) agents; Proposal publication date: January 23, 1998 For further information, please call: (512) 370–0592 (4) any consumer receiving services and supports who requests a copy; ♦♦♦ (5) family members and advocates of consumers who Chapter 41. Insurance requests a copy; 34 TAC §41.12 (6) any employee who requests a copy; and The Teacher Retirement System of Texas (TRS) adopts amend- (7) any other person who requests a copy. ments to §41.12 concerning the certification process with public This agency hereby certifies that the adoption has been re- schools for TRS insurance. §41.12 is adopted without changes viewed by legal counsel and found to be a valid exercise of the to the proposed text published in the January 23, 1998 issue of agency’s legal authority. the Texas Register (23 TexReg 527). Filed with the Office of the Secretary of State on March 27, The justification for TRS to adopt this rule is to bring the rule 1998. in compliance with new law passed by the 75th Legislature found at § 22.004 of the Education Code which requires rules TRD-9804413 with the information outlined in the amended language. It is a Charles Cooper requirement for each school district to provide the information Chairman, Texas MHMR Board outlined in the amended language. There is also a new date Texas Department of Mental Health and Mental Retardation for submission outlined in the law as well as a new reference to Effective date: April 16, 1998 the pertinent law.

ADOPTED RULES April 10, 1998 23 TexReg 3697 No public comments were made on this proposal. For further information, please call: (512) 370–0592 The amended section is adopted under the Government Code, ♦♦♦ Chapter 825, §825.102, which provides the Board of Trustees of the Teacher Retirement System with the authority to adopt TITLE 40. SOCIAL SERVICES AND AS- rules for the administration of the funds of the retirement system. SISTANCE In addition, § 22.004 of the Education Code provides the requirements on the substance of the rule and on submitting Part I. Texas Department of Human Ser- the certificaiton. vices This agency hereby certifies that the adoption has been re- viewed by legal counsel and found to be a valid exercise of the Chapter 3. Income Assistance Services agency’s legal authority. Filed with the Office of the Secretary of State on March 25, Subchapter W. Reminders 1998. 40 TAC §3.2302 TRD-9804307 The Texas Department of Human Services (DHS) adopts new Charles Dunlap §3.2302, with changes to the proposed text as published in the Executive Director December 26, 1997, issue of the Texas Register (22 TexReg Teacher Retirement System of Texas 12715). Effective date: April 14, 1998 The justification for the new section is to clearly define that Proposal publication date: January 23, 1998 Temporary Assistance for Needy Families (TANF) benefits may For further information, please call: (512) 370–0592 only be used to purchase goods and services which are ♦♦♦ essential and necessary for the welfare of the family. The new section will function by ensuring that DHS is in Chapter 51. General Administration compliance with state legislation in administering the new 34 TAC §51.1 section. The Teacher Retirement System of Texas (TRS) adopts amend- During the comment period, DHS received comments from ments to §51.1 concerning the term and make-up of some Ad- the Houston Welfare Rights Organization. A summary of the visory and Auxiliary Committees of TRS. § 51.1 is adopted with- comments and DHS’s responses follow: out changes to the proposed text published in the January 23, Comment: The commenter stated that in keeping with the 1998 issue of the Texas Register (23 TexReg 528). premise upon which the Client Self-Support Services Advi- The justification for TRS to adopt this rule is to set an expiration sory Council (CSSAC) approved the proposed rule, a sentence date for the committees. In addition, the amendments eliminate should be added to the proposed rule that states that DHS in- an Investment Advisory Committee and a Real Estate Finance vestigates ongoing, consistent purchases that are not essential Committee which no longer exist. Finally, the word "Retired" and necessary. is eliminated from the Group Insurance Program as it was Response: DHS disagrees with the commenter. DHS prefers eliminated in the law. not to add restrictions to the rule in order to allow for enforce- No public comments were made on this proposal. ment in any situation that may arise under the rule language proposed. While it is agreed that DHS would not generally as- The new section is adopted under the Government Code, sign a protective payee except in cases of ongoing and consis- Chapter 825, §825.102, which provides the Board of Trustees tent purchases that are not essential and necessary, there will of the Teacher Retirement System with the authority to adopt likely be situations in which a single offense is of such a seri- rules for the administration of the funds of the retirement system. ous nature that DHS might determine that a protective payee is In addition, §825.114 of the Government Code allows TRS to required. For example, DHS would require a protective payee create any advisory committee considered necessary. The TRS if DHS became aware that a recipient was arrested for a drug Medical Board is created under § 825.204 of the Government possession and confessed to using the monthly TANF benefit Code. The Retirees Advisory Committee is created under on the drug purchase. Article 3.50-4, §6 of the Insurance Code. A credentialing committee is authorized under §18 of the same law. Comment: The commenter remarked that the proposed rule should not state "for the children" after recreation, and re- This agency hereby certifies that the adoption has been re- quested that the rule simply state "recreation" at that point. viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. Response: DHS agrees to change the phrase "recreation for the children" to "recreation for the family" to maintain a consistent Filed with the Office of the Secretary of State on March 25, message that the primary purpose of the TANF grant is for 1998. purchases that are essential and necessary for the children and TRD-9804308 caretaker of those children. Charles Dunlap The new section is adopted under the Human Resources Code, Executive Director Title 2, Chapters 22 and 31, which authorizes the department Teacher Retirement System of Texas to administer public and financial assistance programs. Effective date: April 14, 1998 Proposal publication date: January 23, 1998

23 TexReg 3698 April 10, 1998 Texas Register The new section implements the Human Resources Code, Response: Finger imaging is being used increasingly by com- §§22.001- 22.030 and §§31.001-31.0325. mercial and governmental entities for purposes other than crim- inal justice applications. The availability of a religious exemption §3.2302. Use of Temporary Assistance for Needy Families (TANF) is not related to previous law enforcement applications of finger Benefits. imaging. Recipients can only use TANF benefits to purchase goods and services that are essential and necessary for the welfare of the family. Essential Comment: One commenter stated the Client Self-support and necessary includes food, clothing, housing, utilities, furniture, Advisory Council (CSSAC) voted against the finger imaging transportation, telephone, laundry, medical supplies not paid by project in general. Medicaid, and incidentals such as household equipment, supplies, Response: After implementation of the finger imaging pilot, and recreation for the family. deletion of the finger imaging exemption was presented to the This agency hereby certifies that the adoption has been re- CSSAC. The council approved recommending deletion of the viewed by legal counsel and found to be a valid exercise of the religious exemption. agency’s legal authority. Comment: One commenter indicated an erroneous telephone Filed with the Office of the Secretary of State on March 26, access code for the CSSAC had been released to three 1998. individuals, and that it will not be known what the vote would have been had a correct telephone access code been in the TRD-9804356 materials released to the public. Glenn Scott General Counsel, Legal Services Response: The CSSAC meeting was held as scheduled. Texas Department of Human Services Anyone receiving an erroneous telephone access code for the Effective date: April 15, 1998 CSSAC could call the main DHS number to be given instructions Proposal publication date: December 26, 1997 on accessing the scan call. For further information, please call: (512) 438–3765 Comment: Three commenters indicated that evaluation of the ♦♦♦ finger imaging pilot by the Center for the Study of Human Resources raises concerns about the cost-effectiveness of Subchapter QQ. Finger Imaging finger imaging. 40 TAC §3.7002 Response: Deletion of the religious exemption will not have a discernible effect on the cost of the finger imaging system, but The Texas Department of Human Services (DHS) adopts an is intended to improve the integrity of the system. amendment to §3.7002, without changes to the proposed text as published in the December 5, 1997, issue of the Texas Register Comment: Four commenters indicated that Texas already (22 TexReg 12027). significantly underserves those who should be eligible for food stamps, and that less than half of those eligible will receive food The justification for the amendment is to delete the exemption stamps. for household members who claim their religious beliefs do not allow their image to be captured. Response: Neither finger imaging nor the religious exemption affects who meets the financial eligibility requirements for food The amendment will function by enhancing the integrity of the stamps. FNS noted in approving the use of finger imaging that Lone Star Image System. During the public comment period providing a finger image is not a hardship as the finger image and at a public hearing held on February 2, 1998, DHS re- is readily available to applicants or recipients. Planning for ceived comments from Texas Legal Services Center, the Texas implementation of the program has emphasized making finger Clients Council, the Association of Community Organizations imaging as accessible to clients as possible. It is noteworthy for Reform Now (ACORN), Houston Welfare Rights Association, that in surveys taken during the pilot, client response was and an individual. A summary of the comments and DHS’s re- overwhelmingly positive regarding finger imaging. sponses follow: Comment: One commenter indicated that the finger imaging Comment: Four commenters stated that people should not have project caused numerous cases to be pended and resulted in to abandon closely held beliefs in order to receive assistance, numerous false matches. and requested the religious exemption be kept, not deleted. Response: The religious exemption does not affect the number Response: DHS is deleting the religious exemption because of cases pended or the number of false matches received. (1) the number of exemptions (1,200) claimed threatens the integrity of the system; (2) other imaging systems, such as the Comment: One commenter stated that DHS has estimated Texas Department of Public Safety’s and those in other states, client-caused error in the food stamp program at a high rate do not allow for a religious exemption; (3) future enhancements that is "in marked contrast to the national average," so it may such as finger imaging at Point-of-Sale (POS) depend on be that actual fraud is markedly lower than it is touted to be. having as complete a database as possible; (4) deletion of the Response: The absence or presence of a religious exemption exemption has been presented to and approved by the Food should have no effect on client-caused errors, other than and Nutrition Services (FNS), who requested Texas to consider allowing individuals who are intent on defrauding the programs the exemption in the pilot; and (5) individuals who do not want a means to thwart the finger imaging system. their photo image taken will be excused from providing it. Comment: One commenter stated that House Bill 1863 autho- Comment: One commenter indicated finger imaging is a police rized a type of electronic finger imaging or photo imaging, but tactic, and treats all who apply as persons who would commit DHS has proceeded as if the written law said "and". fraud, without any suspicion particular to the applicant.

ADOPTED RULES April 10, 1998 23 TexReg 3699 Response: DHS was advised that it is standard in the finger ♦♦♦ imaging industry to use a photograph as part of the finger imag- ing process. DHS’s main purpose in including the photograph Part XX. Texas Workforce Commission is to take every safeguard possible to ensure that any matches received are legitimate before impacting an applicant’s or recip- Chapter 800. General Administration ient’s benefits. Comment: Two commenters indicated that earlier law from Subchapter G. Petition for Adoption of Rules the Bible may be the basis why some would claim a religious 40 TAC §§800.251–800.255 exemption from being imaged. The Texas Workforce Commission (Commission) adopts new Response: Anyone stating that his religion prohibits his picture §§ 800.251-800.255, concerning the Petition for Adoption of being taken will not be photographed; only a finger image is Rules without changes to the proposed text as published in the required. February 6, 1998, issue of the Texas Register (23 TexReg 948). Comment: One commenter indicated that the finger imaging The adopted text will not be republished here. exemption is similar to those who had a conscientious objection New Subchapter G., Petition for Adoption of Rules, is adopted to military service, and that other means should be used to verify as the location of new §§800.251-800.255. that an individual with religious objections does not receive duplicate benefits, such as an oral statement under penalty of New Subchapter G in Chapter 800 is adopted to provide the perjury, or verification of a social security number and other form and procedure for processing a petition for the adoption of such identifying information that would not compromise firmly rules. held religious beliefs. New §800.251 sets forth the short title and purpose for this Response: The application for benefits currently asks if any subchapter. person in the household is receiving benefits and requires a New §800.252 sets forth the definitions that apply to this signature under penalty of perjury that the information provided subchapter. is correct. The state currently also has in place a system that requires applicants to provide, but not verify, their social security New §800.253 sets forth the procedures for submission that number, and the state then verifies that number with the Social apply to this subchapter. Security Administration. The system can be circumvented New §800.254 sets forth the procedure for reviewing the through the use of false social security numbers. Requiring petitions submitted pursuant to this subchapter. proof of the social security number prior to certifying the household presents barriers to more people than requiring a New §800.255 sets forth a description of Commission action finger image, and still cannot prevent the use of counterfeit that may result from the submission made pursuant to this cards. The finger image is readily available, requires no further subchapter. proof, and is not susceptible to circumvention. The Commission received no comments on the proposed rules. Comment: Spending $1.7 million on the finger imaging pilot The new rules are adopted pursuant to Texas Labor Code, appears to be of no benefit to the state, and only benefits the §301.061 which provides the Commission with the authority to company that receives the contract. It does not help the peo- adopt, amend or rescind such rules as it deems necessary for ple applying for benefits. the effective administration of the Act and Texas Government Response: Deleting the finger imaging religious exemption does Code, §2001.021 which provides for the Commission to pro- not significantly impact the cost of the finger imaging project. mulgate by rule the form for a petition for adoption of rules and the procedure for its submission, consideration, and disposition The amendment is adopted under the Human Resources Code, of the petition. Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance This agency hereby certifies that the adoption has been re- programs. viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. The amendment implements the Human Resources Code, §§22.001- 22.030 and §§31.001-31.076. Filed with the Office of the Secretary of State on March 26, 1998. This agency hereby certifies that the adoption has been re- TRD-9804439 viewed by legal counsel and found to be a valid exercise of the agency’s legal authority. J. Randel (Jerry) Hill General Counsel Filed with the Office of the Secretary of State on March 26, Texas Workforce Commission 1998. Effective date: April 19, 1998 TRD-9804357 Proposal publication date: February 6, 1998 Glenn Scott For further information, please call: (512) 463–8812 General Counsel, Legal Services ♦♦♦ Texas Department of Human Services Effective date: May 22, 1998 Chapter 811. Job Opportunities and Basic Skills Proposal publication date: December 5, 1997 The Texas Workforce Commission (Commission) adopts the For further information, please call: (512) 438–3765 repeal of §§811.1-811.5, 811.10-811.23, and 811.60 relating to the Job Opportunities and Basic Skills and new §§811.1,

23 TexReg 3700 April 10, 1998 Texas Register 811.2, 811.11-811.20, 811.31-811.34, 811.41-811.45, 811.61- was to clarify that, because the agreement is used to base 811.65, 811.81-811.87 and 811.101, concerning the Choices compliance decisions, it is necessary for the participant to sign. rules. Sections 811.2, 811.13, 811.18–811.20, 811.42, 811.44, To avoid confusion, however, the definition of employability plan 811.45, 811.62, 811.87 and 811.101 are adopted with changes has been revised. The second sentence of that definition now to the proposed text as published in the January 2, 1998, issue reads, "The plan, signed by the participant and the Choices of the Texas Register (23 TexReg 101). staff member, is the participation agreement for compliance purposes." Rules of the Texas Department of Human Services (DHS) re- lating to employment services include the following: require- Comment: A commenter requests a clarification in the definition ments of applicants and recipients of temporary cash assis- of good cause determination to not exclude exempt clients. tance to attend workforce orientation sessions and to partici- Exempt clients may be granted good cause. The commenter pate in employment services; the exemptions from participation asserts that if an exempt client fails to participate and the good requirements; determination of good cause for failure to partic- cause reason continues, the case should be closed. ipate; and financial penalties applied to benefits resulting from Response: The definitions in this section provide context for the noncompliance. The Commission, where applicable, cross- use of terms in other sections of Chapter 811. The Commission references those rules for the purposes of continuity or clar- acknowledges that good cause may be determined for exempt ity. Although these rules govern services available through the participants, but it does not have the same outcome as good Temporary Assistance for Needy Families (TANF) block grant cause determinations for nonexempt participants. The term funds, participants are eligible for and receive services funded good cause is used in other sections to indicate exceptions for through other resources, including the Job Training Partner- initiating sanctions. Again, to avoid misinterpretations, we will ship Act (JTPA), Wagner-Peyser Employment Services, and the delete the word "nonexempt" from the definition of good cause. Adult Education Act, as amended by the National Literacy Act. Comments regarding §811.11 Eligibility are as follows. Local workforce development boards have the jurisdiction and the authority to develop local policy, to determine service Comment: A commenter suggests that the language in subsec- delivery practices and procedures, to set the services and tion (a) should be modified to add the words "able-bodied" or activities available in each local workforce development area, "non-disabled" preceding "applicants and recipients." The com- and to choose the locations where services are available and menter asserts the reason for this change would be that in- delivered consistent with federal and state regulations, rules, capacity of an adult is a qualifying factor for temporary cash and policies. assistance under DHS rules at 40 TAC §3.1701. Cash assis- tance recipients can have $3,000 in countable resources, while Eligibility requirements for receipt of temporary cash assistance Supplemental Security Income (SSI) recipients can have only benefits under the jurisdiction of the DHS include the require- $2,000 in countable resources. ment to work or participate in the state’s employment services program which replaces the JOBS Program. Failure of an ap- Response: The Commission’s intent in this rule is not to specify plicant or a recipient of temporary cash assistance to fulfill this who is or is not eligible for temporary cash assistance, but to requirement results in denial of the application or a financial state the eligibility criteria for receipt of Choices services. As penalty (sanction) placed on the cash assistance grant for each the commenter pointed out, the DHS is the rulemaking authority month of noncompliance. The current financial penalty for fail- for TANF eligibility requirements, and their rules are found in ure to participate in employment services is a maximum of $78 40 TAC Chapter 3. Therefore, as currently worded, 40 TAC per month for one parent. In two-parent households, if both §811.11 appropriately states the eligibility for Choices. Although parents do not comply, the penalty is a maximum of $125 per clients may be exempt from, or have good cause for, not working month. or participating in employment services due to disability or incapacity, they remain eligible for Choices services. Program Some commenters were for the rules and others had con- staff may outreach or offer services to assist such clients in cerns and questions about the rules as proposed and sug- obtaining employment and self-sufficiency. gested changes. Comments were received from the following: a Texas Senator’s office, a Texas Representative, West Central Comments regarding §811.12 Participation Requirements are Texas Workforce Development Board, Tarrant County Workforce as follows. Development Board, Texas Council on Family Violence, North Comment: A commenter states that subsection (a) of this Central Texas Council of Governments, Houston Welfare Rights section specifies that DHS will determine who is mandated to Organization, Texas Legal Services Center, and an individual participate in the Choices Program. The commenter points out representing herself. Following each comment is the Commis- that current DHS policy states that teens 16 years of age or sion’s response. older who have dropped out of high school and who are in an Comments regarding §811.2 Definitions are as follows. active TANF case are mandated to participate in the program. The commenter is concerned about the way participation is Comment: A commenter requests a change in the definition counted at the federal level. The commenter asserts that the of employability plan. The commenter suggests that the employment services activity of a mandatory teen may not be employability plan is a contractual agreement and should be counted in the participation rate formula. The commenter asks signed by both the participant and the Choices staff member to if there will be rules that mandate Choices Program staff to be valid. outreach, assess, and counsel these teens. Response: The Commission agrees that both parties to the Response: The Commission does not plan to specify in rules agreement should sign the employability plan. The definition any requirements as to the level of outreach or services avail- in the proposed version did not intend to imply that only the able for mandatory teens who are part of another assistance participant would sign the agreement. Rather its intention unit. This is a decision best left to local programs and is im-

ADOPTED RULES April 10, 1998 23 TexReg 3701 pacted both by participation rate performance measures and Comment: A commenter asserts that instead of requiring local resources and funding. DHS will refer teen parents ap- recipients to participate in ancillary services as specified in plying for TANF services who are the head of the assistance subsection (b)(4) of this section, the statement should allow unit to the program for mandatory workforce orientation ses- flexibility for the employment goal to be changed. If the recipient sions and employment planning sessions. These teen parents chooses not to utilize the ancillary services, the Choices staff are to be served in accordance with rules at §811.17, relating should be allowed to reassess the recipient regarding the to Choices Services Strategies. Local program planning should employment goal. promote collaborative arrangements necessary for providing or Response: The Commission does not believe that the rule lan- referring both mandatory and voluntary teens for appropriate guage at subsection (b)(4) of this section precludes prudent educational, supportive, and workforce services. case management or staff decisions about updating employa- Comment: A commenter suggests that subsection (b)(1) of this bility plans to accommodate individual needs of program clients. section needs clarification as to whether people who reapply The intent of this rule is to list the participation requirements. for TANF after being denied are also considered applicants and The key word in §811.12(b)(4) is "required." If ancillary services therefore required to attend an orientation. are found to be required in order to remove barriers to participa- tion or to obtaining a job, and the participant refuses to accept Response: The requirement for applicants to attend a workforce the service referral or participate in the services, then nonpartic- orientation session is included in the rules of both DHS and the ipation could be an issue. An example would be someone who Commission. Technically, anyone who requests an application participates in job search for the number of required hours, but is considered an applicant, regardless of whether the person does not obtain a job because he appears for interviews ine- previously received TANF and was denied. Therefore, as briated. Program staff may include drug and alcohol treatment currently worded, the rule applies to all applicants. DHS or counseling for the individual in an employability plan and, if determines who must attend an orientation session. The necessary, give the client good cause for a period of time to Commission has made no change to §811.12(b)(1) because allow for services to be effective. Failure of the client to follow of this comment. through with the ancillary services could be cause for a sanc- Comment: A commenter requests that subsection (b)(2) of this tion. section be clarified to specify that a sanction can be initiated for Comment: A commenter requests a clarifying change in sub- someone who is scheduled for more than the federal minimum section (b)(5) of this section to stipulate that "if the job offer pays participation requirement. at least minimum wage, the recipient must accept it." Response: The Commission disagrees that §811.12(b)(2) re- Response: This provision is covered in §811.13(8) which quires clarification about initiating a sanction for noncompliance allows the client to show good cause for failure to accept with participation requirements beyond the federal minimum re- a job offer paying less than the minimum wage. Therefore, quirements. This section does not address sanctions for non- the Commission has not made the suggested change to compliance which are included in §811.14. We believe that the §811.12(b)(5). rule as currently worded is sufficient in that it addresses recip- ients being required to participate in activities for the required Comments regarding §811.13 Good Cause are as follows. number of hours per week as stipulated in the federal require- Comment: A commenter suggests that §811.13(1) should ments or in an employability plan. The rule then clarifies that be modified to insert the words "or permanently" between compliance is based on the number of hours in the employabil- the words "temporarily" and "ill." The commenter states that ity plan, even if that number is greater than the federal minimum it would not make good sense to grant good cause to a requirement. temporarily incapacitated person, while denying good cause to Comment: A commenter asks if staff will be required to a permanently incapacitated person. monitor the ancillary services in subsection (b)(4) of this section Response: The Commission’s rules at §811.13, relating to good as outlined in §811.18. The commenter questions if the cause, are the same as current policy under the state welfare activities count toward participation since §811.16(b) specifies waiver approved by the federal government. Therefore, the that counseling or other services to address family violence Commission will not make substantive changes to §811.13(1). and other crisis situations may be included in the participant’s Good cause determinations are applied when a non-exempt employability plan. TANF recipient demonstrates a reason for inability to participate Response: Monitoring all components of a participant’s employ- in work or employment-related services. Permanent incapacity ability plan is part of effective case management and is neces- or disability would result in the recipient’s referral to DHS to sary to determine program compliance. The intent of §811.18 redetermine employment services or exemption status under is to ensure frequent tracking and reporting of employment ser- the rules at 40 TAC Chapter 3. vices activities and provision of timely intervention necessary Comment: A commenter supports the purpose of §811.13(2), for both client participation monitoring and quality client ser- but requests that the rule be amended to include meetings with vices. If ancillary services are included in a participant’s em- probation or parole officers as good cause. The commenter ployability plan, and the hours of required activity can be veri- bases this request on the high percentage of people on parole fied, those hours can be included as participation provided they or probation in the state. The commenter suggests that the qualify as an allowable activity. No changes have been made to intent of the rule should not exclude persons who are required §811.12(b)(4) as a result of the comment. The Commission has to meet with a state or federal probation or parole officer. changed the language in the first sentence of §811.18 to clarify the intent of monitoring and to provide for more local flexibility, Response: The Commission agrees that good cause could be as explained in responses to §811.18. applied to a participant required to meet with probation or parole officers. However, the Commission believes that making the

23 TexReg 3702 April 10, 1998 Texas Register suggested language change in §811.13(2) would be considered Response: The Commission has revised §811.13(10) to provide a substantive revision to the state waiver provisions. Therefore, for extensions of good cause for family violence purposes not the Commission prefers to provide additional guidance on to exceed twelve months. This is consistent with state statute addressing a participant’s legal matters through written program and the preamble to the federal TANF regulations. guidelines. Comments regarding §811.17 Choices Services Strategies are Comment: A commenter suggests that §811.13(3) seems to as follows. indicate that persons who have not completed high school have Comment: A commenter requests that the Commission clar- less good cause than high school graduates, and notes that the ify the rule relating to the Work First service delivery approach reverse is more logical. and service strategy described in subsection (b) of this section. Response: The rule as proposed is consistent with the state’s The commenter asserts that the state-established guidelines welfare waiver. Therefore, the Commission declines to change referenced in this subsection should be reviewed to ensure that §811.13(3). Both state and federal welfare reform statutes sufficient flexibility is provided for local workforce development emphasize the requirement for parents to complete high school. boards. The commenter asserts that the local workforce de- Excluding a caretaker who has not completed high school from velopment boards should determine the services, approaches, claiming good cause for not participating more than 20 hours and length of service as long as they are in accordance with per week, regardless of the age of the child, is consistent with the Work First philosophy. policy governing school attendance. Response: The Commission agrees with the commenter that Comment: A commenter states that §811.13(4) is similar to the flexibility for local areas to set policy and plan service delivery good cause provision in §811.13(10), and asks if it is necessary is important. The Commission believes that subsection (f) of to make the distinction between someone who is a caretaker of this section provides the local flexibility as requested. We are a physically or mentally disabled child and someone who has a committed to ensuring that, to the degree possible, program family crisis. rules and policy will not restrict local authority and decision making. Throughout the development of these program rules, Response: Although the Commission agrees with the com- we evaluated the requirement and need for state policy as it menter that family crisis could fit some of the other specific good related to local authority and flexibility. The Welfare Reform cause provisions, we are maintaining the rule as proposed in Division will involve local workforce development boards and order to be consistent with the good cause policy in our state local Commission staff in the development of written Choices welfare waiver. Program guidelines. Prior to release of the final guidelines, Comment: A commenter recommends deleting §811.13(8) there will be a state and local review and comment period. which allows good cause for an individual not accepting em- Comment: A commenter asks whether the rule on Work First ployment offers below minimum wage and changing the lan- precludes the option of providing short-term skills training for guage in §811.12(b)(5) to specify that recipients must accept a high demand occupations for those most qualified for the job offer unless it results in below minimum wage employment. training. The commenter asks if a recipient would have to go The commenter suggests that this could eliminate some work through the Work First model and fail before being allowed the associated with good cause determination. opportunity to participate in short-term training. The commenter Response: The Commission agrees that this could be an al- references §811.62, which indicates that education and training ternate method of incorporating the policy. However, substan- services may be authorized under the program. tive changes to good cause provisions would impact the state Response: The Personal Responsibility and Work Opportuni- waiver. Prior to any need for determining good cause, there ties Reconciliation Act sets forth expectations for programs and must be some form of nonparticipation, such as failure to ac- communities to move welfare recipients into the workforce. The cept a job offer. Therefore, the Commission declines to revise Commission’s Work First philosophy, policy, and service strat- the rule. egy contained in this rule are based on federal law and state Comment: Two commenters request a change to the six-month welfare reform legislation in House Bill 1863, which emphasize timeframe as specified in §811.13(10). The commenters state time-limited benefits, personal responsibility, work, and reten- that the limits for granting good cause for domestic violence tion of individuals in the labor market. Texas Human Resources purposes should be consistent with state law rather than the Code §31.0126 requires DHS and the Commission to develop, proposed TANF federal regulations, which have not yet been by rule, a Work First program that offers a participant job readi- finalized. House Bill 3428, passed by the Texas Legislature ness training, employment information, and employment ser- in 1997, provides for waivers of certain eligibility requirements vices to motivate the participant to find and apply for a job. for victims of domestic violence, including work requirements. Section 31.0126 also requires development of alternate work The state law further specifies that the requirements would programs and activities for persons needing work-based expe- not be waived for more than one year. The proposed federal rience and training to obtain unsubsidized employment. Section regulations for TANF specify a six-month limit for granting 811.17(b) of the proposed rules does not preclude considera- good cause exemption for domestic violence purposes, and the tion of short-term training or skills development for participants preamble to those regulations states that such an exemption engaged in job search services if it is determined they need could be extended. The commenters request that the language education or training in order to be considered for available job in the last sentence of §811.13(10) be changed to read, "Good openings in the job market. Additionally, basic skills and training cause shall not be extended beyond one year for domestic may be combined with employment and work-related activities violence purposes," or that the rule be changed to provide for to assist participants in obtaining higher-level positions. an extension of the good cause provision for up to a total of one Comment: A commenter suggests that §811.17(b) be reworded year, depending on the needs of the individual. to reflect that local workforce development boards may delegate

ADOPTED RULES April 10, 1998 23 TexReg 3703 the development of written policy guidelines to their subcontrac- IDA programs that are based on local needs. The commenter tors. states that local workforce development boards should be a party to any decision regarding the selection of an IDA contract Response: State law specifies that the local workforce de- manager, as well as establishing guidelines for use of IDAs. velopment boards are directly responsible and accountable to the workforce development division for planning, oversight, and Response: The current rule, as written, does not preclude IDA evaluation of all workforce programs in their area. To the extent programs from being developed in local workforce development that development of policy pertains to those responsibilities, it areas. Texas Labor Code §301.067 requires the Commission is clearly a local workforce development board responsibility. to establish and implement a pilot program that establishes This does not, however, preclude local workforce development IDAs for TANF recipients who are participating in the subsidized boards from soliciting input from their subcontractors and the work program. To fulfill this mandate, the Commission is community. Therefore, the Commission declines to revise this requesting a rule change from DHS to disregard IDA balances rule. as resources when determining eligibility for cash assistance. In addition, DHS may have to request a federal waiver from the Comment: A commenter requests a clarification regarding United States Department of Agriculture (USDA) to exclude IDA §811.17(d) relating to program services for teens. If a teenage balances from food stamp resource limits. If waivers are granted participant has completed high school or GED, will staff have the that extend to local areas, local workforce development boards option to refer the client to job skills training or to an employment may develop IDA programs. To avoid possible confusion as to activity? who may administer the program, commas are added between Response: Determining what services teens need is a local "nonprofit" and "private" and between "private" and "or public decision. The rules provide those with knowledge the flexibility entity." needed to serve the local population. Therefore, the Commis- Comment: A commenter questions whether TANF recipients sion believes that no rule change is needed. will be allowed to make deposits into the account from sources Comments regarding §811.18 Monitoring of Participation are as other than temporary cash assistance funds. follows. Response: Participants are not required to limit the source Comment: A commenter requests clarification about whether lo- of deposits into an IDA to cash assistance funds. The cal workforce development board contractors would be required Commission, local workforce development boards, or entities to obtain permission from the Commission as to which partici- administering the IDA may restrict the source of deposits to pants can be exempted from the weekly monitoring requirement earned income or other sources if they are providing matching stipulated in this section. As the basis for this question, the com- funds. menter references the language in the rule that states, "unless Comment: A commenter asks what entity determines which less frequent monitoring is approved under written guidelines recipients are eligible to participate in the individual account by the Commission." program. Response: The timeframe for monitoring clients’ participation is Response: TANF recipients in the pilot program area who a local decision. The Commission suggests weekly monitoring, are participating in the subsidized employment program are but has revised the rule by substituting the following two eligible to participate in the IDA pilot program. If local workforce sentences for the first sentence of the proposed rule: "Choices development boards implement an IDA program, the local staff shall monitor the participation in employment services workforce development board or its subcontractor will determine activities, compliance with program requirements, and progress which recipients are eligible to participate, subject to DHS’ rules toward achieving the goals and objectives in the employability and approval of a federal waiver from USDA. plan. Monitoring shall be ongoing and frequent, as determined by local workforce development boards or their subcontractors." Comment: A commenter asks about the benefits of participating in an IDA if matching funds are not available. Comment: A commenter states that the frequency of monitoring should be a decision made by the local workforce development Response: If matching funds are not available, the benefit of board, not the Commission. The commenter also requests the participating in an IDA program would be reduced. However, if word "monitor" be defined, as it could be interpreted differently. USDA grants a federal waiver of food stamp eligibility require- ments, the non-matched deposits in the IDA would allow the Response: The Commission agrees, and has amended participant to accumulate more resources without losing eligi- §811.18 to reflect that the frequency of monitoring is a local bility for food stamps or cash assistance. decision. The rule as revised specifies the type of monitoring to be conducted. Comment: A commenter asks who is responsible for locating matching funds. Comments regarding §811.19 Individual Development Accounts are as follows. Response: The Commission, local workforce development boards, or entities administering the IDA program are responsi- Comment: A commenter states that the goal in the creation of ble for identifying sources for matching funds. individual development accounts (IDA) is commendable. Comment: A commenter questions if the match is dollar for Comment: A commenter questions the restriction that IDAs dollar. must be administered by the Commission or through contract with a public or nonprofit entity. If this is not required, the Response: The match is not required to be dollar for dollar. commenter requests that the Commission allow local control The ratio of matching contributions to participant deposits will and administration of such accounts. This would assist in be determined by the availability of funds. obtaining matching funds and ensure that each area establishes

23 TexReg 3704 April 10, 1998 Texas Register Comments regarding §811.20 Employment Retention and Re- Comment: A commenter suggests that §811.42(b) conflicts with Employment are as follows. §811.13(3) that states that caretakers with children under the age of six cannot be required to participate more than 20 hours Comment: A commenter asks if the intent of the requirement in per week. The commenter asks if this requirement does not §811.20 (a) is to monitor individuals as long as they remain apply to subsidized employment. eligible for temporary cash assistance or as long as they receive cash assistance. The commenter suggests that some Response: The hours per week requirement for subsidized individuals who remain eligible may choose not to receive those employment in §811.42(b) is not in conflict with the rule for benefits due to employment, and it would be difficult to monitor good cause in §811.13(3). The rule language specifies that employment for persons not actually receiving cash assistance. the participant is encouraged, not required, to work between 35 and 40 hours per week. If a participant claims good cause due Response: The Commission agrees that the rule on monitoring to the weekly hours required for the specific position, then the and reporting of employment hours at subsection (a) of this client would not be required to participate in that activity or in section should be clarified. The rule is therefore revised to the specific position. Consideration could be given to assigning read, "Monitoring of employment retention and reporting hours the client to a subsidized employment position that is 20 hours of employment are required for at least the length of time the per week, or including some other appropriate activity in the participant receives temporary cash assistance." client’s employability plan. Comment: Two commenters ask for clarification about the Comment: A commenter supports the goal of same wages and timeframe in which employment retention and re-employment benefits incorporated in (c)(2) of this section. services may be provided. Can an individual request services at anytime after denial of cash assistance regardless of how Comment: A commenter has questions and concerns about long the individual has been denied? specifications in (c)(4). The commenter questions who will be responsible for writing the contract with the employer, including Response: The Commission believes it is unnecessary to set determining the amount of the wage subsidy. a maximum timeframe in which employment retention and re- employment services may be provided to persons who have Response: Consistent with legislative intent, §811.42 supports been denied temporary cash assistance. The extent to which local control for local workforce development boards electing these services are provided, as well as the timeframe, is to operate this program and encourages public and private a local decision. Subsection (c) of this section states that partnerships. Local workforce development boards have the "employment retention and re-employment services may be authority to negotiate subsidized employment contracts with made available...beyond denial of temporary cash assistance employers; to decide which participants are enrolled in this benefits." Allowing a local workforce development board to make activity; to determine the length of any individual subsidized this decision is consistent with the philosophy of local flexibility employment placements not to exceed four months; to set throughout the rules in Chapter 811. the amount of the wage subsidy; and to negotiate policy and contract provisions determined necessary to protect the local Comment: The commenter asks how long an individual would workforce development board, the intent of the program, and be eligible for child care under subsection (c) of this section and the participants. what is the appropriate funding source. Comment: A commenter states that the rule is not clear how Response: Transitional child care is available for up to 12 the diverted benefits will be distributed to the employer, and is months or 18 months after cash assistance denial for employed concerned that the rule divides responsibilities between local individuals as specified in §811.83. Transitional child care for staff and the Commission. The commenter believes this may unemployed individuals may be provided for up to eight weeks create parallel systems at the state and local level as well as to complete education or training and for up to four weeks to unnecessary reporting. seek employment. Section 811.20(c) is revised to provide a cross-reference to the child care rules at 40 TAC Chapter 809 Response: The term "Choices staff," as used throughout to clarify eligibility for child care. Child care provided beyond the these rules, includes Commission staff and contracted services time limits for transitional child care would use child care funds providers. The term is not meant to impose dual responsibilities for income-eligible clients through the Child Care Management on Commission staff, local workforce development boards, and System or welfare-to-work grant funds, at local option. contract staff. However, the wage subsidy is derived from public assistance benefits that are under the jurisdiction of another Comment: A commenter requests that the phrase "as quickly state agency. Therefore, it is prudent to have a degree of state as possible" in §811.20(c)(5) and (6) be defined or that the rule control over the system of transferring benefits for the subsidy language be modified to specify that this timeframe is to be portion. An interagency agreement between DHS and the determined by the local workforce development boards. Commission establishes a state methodology for the diversion Response: The Commission believes that "as quickly as of the public assistance benefits. The Commission is committed possible" is not a phrase that must be defined. It depends on to developing the most efficient and cost effective procedures many variables, such as the condition of the local labor market, for distribution of payments to participating employers. resources available, and the client’s individual situation. The Comment: A commenter suggests that language be added Commission has modified the language in §811.20(c)(5) and to ensure that employers retain participants who successfully (6) to indicate that the provision of job readiness, job search, complete the contract in order to eliminate misuse of this job placement, and job development services is a local decision. program and the participants. Comments regarding §811.42 Subsidized Employment are as Response: The Commission agrees that the purpose of imple- follows. menting subsidized employment is to provide placements that lead to unsubsidized employment and self-sufficiency for the

ADOPTED RULES April 10, 1998 23 TexReg 3705 participant and the family. In entering subsidized employment dards Board involvement will be collaborative, rather than as an contracts with employers, local workforce development boards approval body. or their subcontractors may consider terms encouraging the Comment: A commenter asks if the local workforce develop- retention of subsidized employment participants in an unsub- ment board can begin working on a Texans Work Program as sidized employment position. As this is a local decision, the soon as the rules are published, or whether the program will be Commission declines to revise the rule. piloted. Comment: A commenter requests that the rule specify which Response: Local workforce development boards may develop entity is responsible for paying workers’ compensation for a Texans Work Program as soon as final policy guidelines are participants in subsidized employment. issued, any necessary DHS rule changes are completed, and Response: The Commission has revised §811.42 by adding a federal waiver request is submitted to, and approved by, the subsection (e) to clarify that the subsidized employment partici- USDA. pants are considered employees of the subsidized employment Comment: A commenter supports the goal of creating a training employer. stipend for trainees in the Texans Work Program as specified in Comments regarding §811.43 Work Skills Training are as subsection (h). follows. Comment: A commenter believes that the language in sub- Comment: A commenter states that the rule on Work Skills section (h) indicates that the only allowable assistance for a Training seems similar to the "unpaid work experience" compo- participant is that authorized by DHS staff and would preclude nent. The commenter asks if the number of hours worked and receipt of assistance from Choices staff, JTPA staff, or other wages earned must be equivalent to the grant amount. state or local providers. The commenter asserts that appropri- ate Choices staff or case management staff of a local contractor Response: The new Chapter 811 replaces the rule on unpaid should make the determination of assistance. work experience. The Work Skills Training replaces the unpaid work experience component, and complies with state legislation Response: The language in subsection (h) is specific to the that requires the Commission to develop and implement a receipt of a training stipend by Texans Work Program partici- volunteer work program. The Commission believes that the rule pants. Such stipend is in addition to the cash assistance and language as written ensures that the intent of this activity is to food stamp benefits provided by DHS. It is not the intent of the obtain training in work skills that will improve the employment Commission through these rules to restrict any local decisions prospects for participants. The client is not paid wages in this on the amount of assistance, services, or support to partici- activity. Written program guidelines will prescribe procedures pants in the Choices Program, which lead to employment and for establishing maximum hours for this activity per recipient. self-sufficiency. Some types of financial assistance provided to temporary cash assistance recipients from other programs Comments regarding §811.44 Texans Work Program are as impact their eligibility for or the amount of cash assistance re- follows. ceived. Comment: A commenter states that the Texans Work Program Comments regarding §811.45 Self-Employment Assistance are should be designed to be administered locally. as follows. Response: The Commission supports the commenter’s position Comment. A commenter states that, to the extent possible, that the Texans Work Program should be administered locally. small business development centers should be utilized to pro- We do not believe that the rule as written contradicts local con- vide this assistance, rather than creating another entity or pro- trol and local development of this program. gram. These programs already provide these services and Comment: A commenter states that, when feasible, it is rea- should be used. If contracting with small business development sonable to have the Texas Skills Standards Board approve the centers is not available in certain areas, the local workforce curriculum. However, as there are few areas where standards development boards should be allowed to contract with estab- are established, it is not reasonable to require every training lished entities rather than the Commission contracting for these program be reviewed. Local workforce development boards al- services. ready have responsibility for identifying demand and target oc- Response: The language in §811.45 does not restrict local cupations and approving training providers. Therefore, they are workforce development boards from establishing contracts with capable and should be allowed to approve local training pro- appropriate entities for self-employment assistance services. grams. The commenter suggests that, based on their knowl- Subsection (b) stipulates that the microenterprise development edge of the local labor market, the local workforce development program is a type of self-employment assistance and that the boards are in a better position than the Commission to approve microenterprise development program is to be administered such training. centrally, which is consistent with the Appropriations Act, 95th Response: The Commission agrees that local workforce devel- Legislature, Regular Session, Article IX, Rider 27. opment boards have the local expertise, information, and the Comment: A commenter has several questions and comments responsibility for ensuring that training programs are consistent regarding the microenterprise development program. How will with the demand and target occupations. However, Senate Bill the participant’s income and asset accumulation affect the 781 mandates that training programs be approved by the Com- qualification for cash assistance, food stamps, and/or an IDA? mission and the Skills Standards Board. In writing guidelines Will encouragement of this program suddenly force participants for approval of training courses, the Commission will support off public assistance as soon as they receive a small loan? local decision-making and local approval to the greatest extent The commenter states that it takes time for a small business to possible. Until skill standards are developed, the Skills Stan-

23 TexReg 3706 April 10, 1998 Texas Register become profitable enough to enable a person to become self- Comment: A commenter requests information on the type sufficient. of outreach that will be done to ensure proper notice of the Request for Proposal to potential contractors. Response: A participant’s income and asset accumulation can affect both eligibility for food stamps and TANF cash assistance, Response: Consistent with state administrative practice require- as well as the amount of benefits. In calculating net income, ments, the Commission will publish a Request for Proposal which determines the benefit amount, some business-related (RFP) for the microenterprise development program in the Texas expenses will be deducted from gross self-employment income. Register. We will also send notice of the RFP to potential bid- Costs that are allowable deductions from gross income are ders that appear on our list of self-employment assistance ser- detailed in DHS’ Income Assistance Handbook. Households vices vendors. That list includes all providers who have con- are subject to resource limits to maintain eligibility for food tacted us since passage of the appropriation. Service providers stamps and cash assistance. A household is not eligible if the that wish to receive notice of the RFP may contact the Com- total value of available resources exceeds $2,000, or $3,000 if mission’s Welfare Reform Division at (512) 463-2222. the household has a member age 60 or over. Income producing Comment: A commenter asks if the RFP will be open to property, except real property, that is essential to a household service providers, research and academic agencies, or both. member’s self-employment does not count toward the resources The commenter states that the contractor should be able to limit. Rules to be developed by DHS for the IDA program will collect pertinent performance data and administer appropriate determine how a participant’s income and asset accumulation monitoring and evaluation mechanisms of all three program affect qualifications to participate in an IDA. The Commission sites. The commenter states that for future funding and possible plans to implement an IDA program targeted for participants in expansion of the program, the legislature will need information subsidized employment. Local workforce development boards on both the participant’s experience and outcomes and the may develop and implement an IDA program in their area. program styles and approaches. The receipt of a small loan will not affect a participant’s eligibility Response: The RFP will be open to a provider with experience for cash assistance, but the available amount does count toward in credit-based programs. The Commission agrees that a the resource limit in determining eligibility for food stamps. thorough evaluation of the program is essential and will ensure However, if income-producing property is purchased with loan that the criteria for selection in the RFP will include necessary funds as a condition of the loan, then that amount of the loan reporting capabilities. does not impact eligibility. Comment: A commenter asks the Commission to consider allo- Comment: A commenter states that the four optional assistance cating the $2 million appropriation primarily towards microenter- services should be optional for the participants in a microenter- prise and self-employment assistance. The commenter states prise program, but not optional for the local service delivery that other local innovations that receive funding should comple- provider. The commenter states that the contractor should en- ment the needs of those receiving microenterprise assistance. sure access to any and all of the services within an accessible area if the individual chooses these services. The commenter Response: The majority of the $2 million appropriations to the suggests that entrepreneurial training should be available for Commission has been allocated to self-employment assistance. every participant in the program. Some funds will be allocated for local innovation grants to encourage local workforce development boards and community Response: The Commission agrees with the commenter’s sug- partners to test new ideas for empowering TANF recipients to gestion that the service provider should offer the full range of attain self-sufficiency. microenterprise development assistance services to each par- ticipant in the program. Training should be provided to enable Comments regarding §811.62 Educational Activities are as each participant to reach an acceptable level of proficiency in follows. business skills prior to receiving financial assistance through the Comment: A commenter requests a definition of "postsec- program. The Commission has revised the language in subsec- ondary vocational education" in item (5) and for "vocational job tion (d) to read, "Self-employment assistance services available skills." to all participants in the program shall include, but not be lim- ited to: (1) entrepreneurial training, a required activity for each Response: The Commission has included definitions for vo- participant in the program; . . . ." Sections 811.45(d)(2)-(4) are cational education and job skills training in §811.2, relating to unchanged. Definitions. Comment: A commenter suggests that financial assistance Comment: Two commenters are concerned about the language should include access to both small loans and credit, as well in subsection (5) related to postsecondary vocational education as to savings accounts. and the 12-month timeframe. They ask how the vocational and time limit restrictions in the rule impact self-initiated education Response: The Commission plans to provide financial assis- and training, such as a client who is in the senior year of college. tance through loans initially. We are currently studying ways to One of the commenters states that, historically, the program enable recipients of cash assistance to accumulate savings to supported completion of baccalaureate degrees within any time finance business start-up through IDAs. An issue that requires limits set by policy. Does the new rule require the client to go resolution is the asset limits for TANF and food stamp assis- to work even if it means dropping out of college? tance that would require changes in DHS policy and a possible waiver of federal regulations. Another issue is the considerable Response: The Commission has revised §811.62(5) to allow cost of administering an IDA program. for the consideration of self-initiated postsecondary education. While federal law is very specific regarding education and train- ing, TANF does allow states to include, as work activities, all those activities currently authorized under a state’s waiver.

ADOPTED RULES April 10, 1998 23 TexReg 3707 Therefore, the Commission has some latitude to define educa- Comment: A commenter requests clarification regarding trans- tion and training activities and agrees that it may not be in the portation assistance and asks whether there are any Commis- best interest of a TANF recipient or of the program goals to re- sion limitations established for that assistance. quire a client to drop out of school. Response: The Commission believes that this is an area best Comments regarding §811.81 Support Services are as follows. left to local control. We, therefore, do not plan to set state- prescribed limits on the amount or methods for providing this Comment: A commenter suggests adding a rule to require assistance. written notification to applicants and recipients regarding the availability of support services. The commenter provides as a Comment: A commenter asks about the suggested method of reason for this change DHS’ record of informing clients. The tracking the transportation money. commenter suggests that, for the Commission to not inform Response: The Commission does not plan to prescribe any applicants and recipients in writing of the support services single method for tracking support services payments. Written available, the Commission may appear less informative than program guidelines will provide suggestions about methods DHS. The commenter continues the rationale by asserting for providing transportation and for tracking support services that, because the premise for support services is to foster payments. Transportation support services for individual clients transition to employment, it makes sense to give written notice must be entered into the state-automated client activity and of the support services available. The commenter recommends service reporting system in order to maintain state and federal development of a brochure as a means of informing clients program and expense reporting requirements. about services available, and offers the assistance of the Texas Clients Council in providing Spanish language for the brochure. Comments regarding §811.85 Work-Related Expenses are as follows. Response: The Commission agrees with the commenter about the importance of providing information regarding Choices ser- Comment: A commenter requests clarification regarding work- vices to temporary cash assistance applicants and recipients. related expenses and the provision allowing local workforce de- In relation to workforce orientations, we believe that §811.17(a) velopment boards to develop policies on the methods and limi- is sufficient rulemaking about client informing wherein it spec- tations for provision of work-related expenses. The commenter ifies that clients be informed about services available through asks whether the Commission will place limits on the amount of Choices. The commenter’s perception that Commission staff or money the contractor can provide for these expenses per client. local workforce development board service contractors do not Response: As this is an area best left to local control, the provide appropriate information to program participants causes Commission does not intend to set state-prescribed limits on the concern. Commission staff and local workforce development amount or type of work-related expenses that could be covered board contractors ensure that clients are fully informed about under the program. the local labor market, the services available to them in seeking employment, and the employability planning options. Services Comments regarding §811.86 Wheels for Work are as follows. are individualized and employability plans are based on a full Comment: A commenter asks if there are model programs for employment assessment. Support services for employment or providing such services as Wheels for Work and, if so, where, participation in activities are provided as needed. Therefore, how, and with what results. the Commission disagrees that the rule needs revision. We will take under advisement the suggestion to develop a new Response: Several states are exploring ways to move the client brochure and appreciate the offer of assistance. DHS concept of the Wheels for Work into practice. A program and Commission staff distribute several brochures to clients. in Florida operates entirely without state support and has Local workforce development boards or their contractors may transferred 30 vehicles to single working mothers. That program develop client informing materials that best describe the em- relies heavily on the donations of one car dealer, who also ployment picture and services available in the local area. provides repairs and contributes to the cost of insurance. New York and Maryland also have programs with limited successful Comments regarding §811.83 Transitional Child Care are as transfers of automobiles. follows. Comment: A commenter asks how many donated vehicles are Comment: A commenter suggests that local workforce devel- estimated in Texas. opment boards should be allowed to establish guidelines on the length of transitional child care for unemployed participants. The Response: The Commission’s pilot program in the Dallas/Fort commenter asserts that local workforce development boards Worth area has transferred one automobile to date. We antici- should be able to provide child care services while an individual pate additional vehicle transfers this spring. The pilot program is engaged in work search activities based on locally established relies on a broad coalition of community, state, and local work- policies. force development partners. The Commission believes that the best chance for success in the program lies in the strong part- Response: The transitional child care services and timeframe nership with the automobile industry, which has participated in are based on child care rules at 40 TAC Chapter 809. The the pilot since its inception. We have no basis for estimating the Commission’s rule on the timeframe for provision of transitional number of vehicles that could be donated through the program child care services for someone who is not employed is up to in Texas. With the involvement of the Texas Automobile Deal- four weeks to allow for job search as stated in §811.83 (3). We ers Association statewide, there is some promise of meaningful believe that no change in §811.83 is necessary. results for the program. Comments regarding §811.84 Tranportation are as follows. Comment: A commenter states that liability insurance is very costly for individuals who may be receiving only minimum wage. Donations are probably used vehicles and vulnerable to repair

23 TexReg 3708 April 10, 1998 Texas Register and maintenance needs. With these combined costs, few with the DHS client services, there is a risk that inaccurate people will be able to benefit from the program although the information may result in improper service denial. The option transportation is needed. of maintaining the status quo, if requested, will serve the useful purpose of avoiding service interruptions that may be found Response: Local workforce development boards may decide unjustified. on paying or providing work-related expenses, including trans- portation costs for clients in their programs, as specified in Response: The Commission believes that 30 days is sufficient §811.85. Assistance with some of the initial insurance costs time for a client to decide to request a hearing. Due to the nature could be included as a work-related transportation expense, at of employment services activities and the support services that local option. assist clients in working or participating in those activities, it is often inappropriate to continue employment services activities Comment: A commenter asks if there is a limit for reimbursing or support services for those activities pending the outcome of qualified repair expenses, and who determines this. an appeal. Therefore, the Commission has not made these Response: Reimbursement for necessary repair expenses requested changes to the rule. could be covered as work-related expenses at the option of Comment: A commenter requests deleting "upon request" local workforce development boards. The Commission has not from the last sentence of subsection (b). The commenter set limitations on the amount of work-related expenses that can believes that the concepts in DHS’ rule at 40 TAC §79.1201 be covered. Local workforce development boards may develop should be incorporated in this rule. The commenter suggests policy on the methods and limitations for provision of work- adding language requiring Choices staff to inform persons related expenses, as specified in §811.85(b). aggrieved by any Choices decision or policy of their right to Comment: A commenter asks if car pool or van services should a fair hearing; to explain the procedure for an appeal, the be an option in addition to donating vehicles to individuals. person’s right of appeal, and the right to be represented by The commenter suggests that this would seem to reach those others, including legal counsel; and to provide information to participants who cannot afford the insurance and upkeep of a service applicants and recipients concerning available legal donated vehicle. services in the community. The commenter also suggests that legal services’ information be provided through notices in each Response: Local workforce development boards may also offer office. The commenter recommends that the rule provide for car pool and van services as an option for participants in the the appellant to review appeal procedures that are available program and as a support for employment and employment in the offices of Choices staff. The commenter’s reasons for retention. Traditionally, the employment services program this change are that it is the approach long used in Texas and has encouraged clients to use car pools, vans, and other would promote accuracy in decision-making under Choices. He public or private transportation methods when those methods asserts that, if appeal procedures are not known, they may as are the most economical and meet the participants’ needs. well not exist. The commenter asserts that since workplaces The transportation barriers faced by the Choices Program are required to inform employees, without request, of their rights participants are complex and vary from person to person and under workers’ compensation, equal employment opportunity, from area to area. Many approaches and interagency and inter- and family leave laws, it makes analogous good sense for the program coordination are required at the state and local levels suggested revisions to be made. to adequately address the overall problem. Response: The Commission agrees to modify this section to Comments regarding §811.87 GED Testing Payments are as provide for notification to clients of their right to appeal and follows. the procedures for requesting an appeal. The last sentence Comment: A commenter requests clarification of the rule in subsection (b) has been revised to read, "Choices staff to read that "payments for GED testing shall be made by shall inform participants of their right to appeal a decision the Commission, local workforce development board or its of Choices staff related to employment services or support contractor." services and the procedures for requesting a fair hearing." The Commission believes, however, that the level of detail suggested Response: The commission agrees and has made this change by the commenter for the rule is unnecessary for rulemaking. in the rule. Local workforce development boards operating the program Comments regarding §811.101 Fair Hearings or Appeals are as may develop policies and practices providing this level of detail. follows. General Comments Comment: Two commenters state that the appeal period Comment: A commenter asks if the way single-parent (all- specified in subsection (b) should be extended to be consistent family) households are counted for participation rates will be with DHS’ rules. One commenter specifies that it should be changed. extended to 90 days. One commenter suggests that if the client Response: Yes. The method for determining participation appeals within 10 days of the notice of termination, reduction, rates for both all-family cases and two-parent family cases has or suspension of services, services should continue unchanged changed. until the appeal is decided. The commenter suggests language to this effect. The commenter’s reason for requesting this Comment: A commenter asks if cases, rather than clients, are change is consistency with DHS procedures and long-standing counted in both the numerator and the denominator. If so, the Texas practice. The commenter continues by stating that the commenter questions what happens to all of the clients being preservation of the status quo avoids irreparable harm if the served who are mandatory teens. Will they not be counted decision being appealed is erroneous. The commenter believes in the numerator portion of the participation rate formula? that the existence of an appeal procedure implies that erroneous If that is the case, if a parent is not meeting participation decisions may occur. The commenter believes that, just as

ADOPTED RULES April 10, 1998 23 TexReg 3709 requirements, but the teen member of the household is meeting ment. The commenter suggests that employers who benefit the requirements, will the case be counted toward participation? from having subsidized employees and, in some cases, hire them should share in the burden of caring for their workers. Response: The state bases the all-family rate on the number The commenter asks if the Commission has explored potential of single parent and two-parent family cases meeting work re- employer requirements that involve the employers sharing the quirements for at least 20 hours per week divided by the num- cost of these services in programs such as subsidized employ- ber of cases with clients that the state required to participate ment, work skills training, and the Texans Work Program. in the Choices Program minus the number of cases subject to sanction and the number of cases that have good cause. Sanc- Response: Employers participating in the subsidized employ- tioned cases are excluded from the participation rate base only ment program are required to offer the same level of pay for three out of twelve months. The state bases its two par- and benefits to subsidized employees as normally offered to ent participation rate on the number of individuals in two-parent employees in similar, unsubsidized positions, as stipulated in family cases meeting work requirements for an average of at §811.42(c)(2). Employers who offer transportation or child care least 35 hours per week divided by the number of two-parent to unsubsidized employees would be expected to offer the same family cases that the state requires to participate in the Choices assistance to the subsidized employee. Employers participating Program minus the number of cases subject to sanction and the in the Texans Work Program have limited and specific responsi- number of cases with good cause. bilities under the program as enacted in state legislation, Senate Bill 781. These responsibilities are to provide quality training, The participation of mandatory teen clients who are members of to provide skills certification, to report attendance, and to pay an assistance unit is no longer counted towards the participation the employer’s portion of the training stipend. It is the Commis- rate calculations. Therefore, if the adult or parent is not meeting sion’s opinion that employers participating in the Texans Work the participation requirement, but the teen is, the hours of Program or other training programs cannot be required to pro- activity for the teen will not be counted toward participation. vide additional benefits without a legislative change. The Texas Comment: A commenter asks about rules that address clients Work and Family Clearinghouse (Clearinghouse), a program who have gone from exempt to mandatory while certified. administered by the Commission, is working to develop aware- The commenter asks that since Choices is the only outreach ness and support among employers on dependent care issues discussed in the rules and is the primary way to outreach facing employees. The state funds the Clearinghouse to create participants, how will the local workforce development board employer-led coalitions that support dependent care services in contractors be expected to outreach this population of clients? Texas communities. Response: The rules in Chapter 811 govern the Choices Pro- Comment: A commenter states that, although the goals of gram services. The term Choices does not relate to any single both DHS and the Commission are to help people receiving outreach method or specific activity within the array of services assistance become self-sufficient, a large percentage of the included in these rules. Section 811.15 provides for a variety of recipients do not receive the right type of assistance. methods for accessing Choices services. These include direct Response: Both the federal and state welfare reform laws referrals, outreach, and clients requesting services. enacted strong individual responsibility provisions, but also Although the primary method for enrolling applicants and new provided for necessary support services to assist clients in recipients for Choices services would be through the direct meeting self-sufficiency expectations. The state reform shifted referrals from DHS for workforce orientation and employment control of job training and employment programs to a local level, planning sessions, Choices Program providers are encouraged under the leadership of local workforce development boards. to check for eligible clients on a regular basis for outreach Persons familiar with the needs of residents in the community, purposes. As this is a local decision, the Commission does rather than state government, design the services. Choices not intend to include this level of procedural and practice detail services are integrated with other programs and delivered in the rule base for Choices. The Commission staff will provide through a network of one-stop career centers. At these centers, technical assistance to local workforce development boards Choices participants may access an array of services that can or their subcontractors on the methods and procedures for help them transition to self-sufficiency. The rules in Chapter 811 conducting outreach and ensuring that appropriate recipients set forth the policies governing the employment and support are contacted for services. services to be provided. Individualized employability plans, based on an assessment of each client’s needs, are the basis Comment: A commenter requests adding a rule allowing local for ensuring that clients have access to necessary resources to workforce development boards to refer to the TANF federal increase employability. regulations when the state rules do not address an issue. The commenter feels that while the state rules are in accordance Comment: A commenter states that recipients are sent out on with the federal regulations, all aspects of the regulations are low-income jobs because they do not have necessary skills. not included in the state rules. The commenter suggests that recipients need more help with education and training. Many recipients are not allowed to Response: The Commission does not believe that it is nec- continue education, or do not receive the support to continue essary or appropriate to specify in state rules that local work- the education or training. The commenter asserts that loans force development boards or any resident are permitted to view and Pell grants do not help people with low income, because federal regulations or statute. The Commission will provide in- they do not have the ability to repay the loans. formation and guidance to local workforce development boards regarding the federal requirements. Response: The State of Texas is committed to ensuring that support services, including education and training, are available, Comment: A commenter states that it does not appear that if needed, to help recipients obtain a job or to gain better private employers are carrying any responsibility for providing wages. The goal of the Choices Program is to ensure that transportation or child care services during and after job place-

23 TexReg 3710 April 10, 1998 Texas Register all cash assistance applicants and recipients obtain, at the §811.2. Definitions. earliest opportunity, employment that leads to self-sufficiency. The following words and terms, when used in this chapter, shall have The program is designed to allow all families the opportunity the following meanings unless the context clearly indicates otherwise. to obtain employment; to gain work experience; and to have access to post-employment education, training, and support (1) Choices – The program formerly known as the Job so that families may more fully realize their career goals and Opportunities and Basic Skills Training (JOBS) program. reach self-sufficiency. Due to the time limits on cash assistance, (2) Choices staff – Any personnel assigned to functions we believe that the best service to clients is to help them find responsible for providing direct employment services or support employment as soon as possible, to provide temporary support services for applicants and recipients of temporary cash assistance. to the clients once they have found employment, and to help This term applies to TWC staff, to staff of Local Workforce and encourage clients to make plans for meeting longer-term Development Boards, and to contracted service providers. educational goals after they are employed. (3) Commission – The Texas Workforce Commission Comment: A commenter states that Commission staff does not (TWC). do all that they can to properly inform clients of the things they should know. Clients should be given receipts for paperwork. (4) DHS – The Texas Department of Human Services. Response: At the point of application for TANF benefits, (5) Employability plan – A plan developed by Choices clients sign a personal responsibility agreement at DHS that staff and a participant that is based on an individual and family explains their eligibility requirements. Throughout the Choices assessment, that delineates the goal of self-sufficiency through service delivery process, clients are provided both oral and employment, and sets out the steps necessary to achieve the goal. written information that explains their employment services The plan, signed by the participant and the Choices staff member, is requirements. Clients also are involved in developing an the participation agreement for compliance purposes. employability plan that they agree to by signing. Choices (6) Employment entry – Entry of a participant into an staff reinforce these requirements from the point of workforce unsubsidized, paid job or when a participant begins a personal orientation throughout the employability planning process. business, a farm, or other self-employment enterprise. 40 TAC §§811.1-811.5, 811.10-811.23, 811.60 (7) Exempt – The status of a recipient of temporary cash The repeals are adopted under the Texas Labor Code, Chapter assistance who is not required to participate in employment services 301, which authorizes the Commission to adopt rules necessary activities, as determined by DHS staff. for the administration of the Commission and the workforce development division. The repeals of old sections are also (8) Exemptions – Criteria established by DHS that adopted under the Texas Human Resources Code, Title 2, permanently or temporarily excuse a recipient of temporary cash Subtitle C, Chapter 31, Financial Assistance and Service assistance from the employment services participation requirements. Programs, which governs employment services for recipients (9) GED – Abbreviation for General Educational Devel- of financial assistance. opment, a trademark for a series of tests measuring skill in writing, This agency hereby certifies that the adoption has been re- social studies, science, reading, and math at the high school level; the viewed by legal counsel and found to be a valid exercise of the initials sometimes refer to the equivalency certificate (formal name agency’s legal authority. in Texas: Certificate of High School Equivalency). Filed with the Office of the Secretary of State on March 26, (10) Good cause determination – A decision by Choices 1998. staff that a participant is not able at the current time to participate in employment services or in ancillary services required as part of the TRD-9804333 employability plan. J. Randel (Jerry) Hill General Counsel (11) Individual development account (IDA) – A state- Texas Workforce Commission established account for deposits by a recipient of temporary cash Effective date: April 15, 1998 assistance and any matching funds from employers or other commu- nity organizations to be used for specific purposes. Proposal publication date: January 2, 1998 For further information, please call: (512) 463-8812 (12) JTPA – The Job Training Partnership Act and the ♦♦♦ programs established under such laws to prepare youth and adults facing barriers to employment for participation in the labor force by Chapter 811. Choices providing job training and other job services. (13) Job skills training – Training in technical job skills Subchapter A. General Provisions and equivalent knowledge and abilities in a specific occupational area 40 TAC §811.1, §811.2 offered by post-secondary institutions, secondary schools, public and private agencies, and other organizations. The new sections are adopted under the Texas Labor Code, (14) Local workforce development board – An entity Chapter 301, which authorizes the Commission to adopt rules formed under Texas Government Code, Title 10, Subchapter F and necessary for the administration of the Commission and the as detailed in §8.801(b) of this title (relating to Requirements for workforce development division. The new sections are also Formation of Local Workforce Development Boards). adopted under the Texas Human Resources Code, Title 2, Subtitle C, Chapter 31, Financial Assistance and Service (15) Nonexempt – The status of a recipient of temporary Programs, which governs employment services for recipients cash assistance who is required to participate in employment services of financial assistance. activities, as determined by DHS staff.

ADOPTED RULES April 10, 1998 23 TexReg 3711 (16) Participant – A person who is enrolled in Choices (2) The person is incarcerated or has a court appearance. services. (3) The person is the parent or caretaker personally (17) Penalty – A reduction in a family’s temporary cash providing care for a child under the age of six and shall not be assistance grant applied by DHS staff when a nonexempt recipient is required to participate more than 20 hours per week. This good cause sanctioned. The financial penalty is equal to the needs amount for one situation shall not apply to custodial parents who have not completed parent each month of the sanction period. In two parent families, if high school or its equivalent or to two parent families where one both parents are sanctioned, the penalty is equal to the needs amount parent is able to care for the child. for both parents. See definition of sanction. (4) The person is the caretaker of a physically or mentally (18) Sanction – Action taken by DHS staff when a disabled child who requires the caretaker’s presence in the home. nonexempt recipient of temporary cash assistance does not comply (5) The person demonstrates that there is no available with employment services requirements. See definition of penalty. transportation or there is a breakdown in transportation arrangements. (19) Subsidized employment – A time-limited training (6) The person demonstrates that there is no available position that meets suitability and non-displacement requirements of child care or there is a breakdown in child care arrangements. the Federal Unemployment Tax Act and other federal laws. (7) There is a lack of other necessary support services (20) TAC – Texas Administrative Code. and participation is not deemed possible without such services. (21) Temporary cash assistance – A cash grant provided (8) The person receives a job referral that results in an through DHS to persons who meet certain residency, income, offer below the minimum wage, except for certain work-related, on- and resource criteria as provided for under the federal Personal the-job training activities such as work skills training. Responsibility and Work Opportunity Reconciliation Act and the Temporary Assistance for Needy Families block grant statutes and (9) There are no available jobs within reasonable com- regulations. The acronym used for this assistance is TANF. The muting distance, which means that travel from home to the job or former name was Aid to Families with Dependent Children or AFDC. training would require commuting time of more than two hours round trip, or the distance prohibits walking and transportation is not avail- (22) Vocational education – Courses offered by an able. institution of higher learning that include organized units of technical or vocational instruction and training which are directly related to (10) A family crisis or family circumstances preclude the acquisition or updating of occupational skills and for which a participation, including being a victim of domestic violence. The certificate or an associate of applied science is awarded. recipient shall be expected to engage in problem resolution through appropriate referrals for counseling and supportive services. Good This agency hereby certifies that the adoption has been re- cause for domestic violence purposes shall be temporary and reeval- viewed by legal counsel and found to be a valid exercise of the uated within three months. Good cause shall not be extended beyond agency’s legal authority. a total of twelve months for domestic violence purposes. Filed with the Office of the Secretary of State on March 26, §811.18. Monitoring of Participation. 1998. Choices staff shall monitor the participation in employment services TRD-9804334 activities, compliance with program requirements, and progress to- J. Randel (Jerry) Hill ward achieving the goals and objectives in the employability plan. General Counsel Monitoring shall be ongoing and frequent, as determined by local Texas Workforce Commission workforce development boards or their subcontractors. Monitoring Effective date: April 15, 1998 shall consist of tracking and reporting hours of participation, eval- Proposal publication date: January 2, 1998 uation of the participant’s progress in the assigned activity, and de- For further information, please call: (512) 463-8812 termining and arranging for any intervention needed to assist the ♦♦♦ participant in complying with program requirements. §811.19. Individual Development Accounts. Subchapter B. Eligibility and Participation (a) Subject to available resources, individual development 40 TAC §§811.11-811.20 accounts (IDA) shall be established and administered by the Com- mission or by contract with a nonprofit, private, or public entity. The new sections are adopted under the Texas Labor Code, Chapter 301, which authorizes the Commission to adopt rules (b) The account shall be administered to assist a recipient necessary for the administration of the Commission and the of temporary cash assistance participating in a work-related activity, workforce development division. The new sections are also including but not limited to the Subsidized Employment Program. adopted under the Texas Human Resources Code, Title 2, (c) Use of funds in a participant’s IDA is limited to expenses Subtitle C, Chapter 31, Financial Assistance and Service related to: Programs, which governs employment services for recipients of financial assistance. (1) home ownership; §811.13. Good Cause. (2) medical expenses; A recipient of temporary cash assistance who fails to comply with (3) education and training expenses such as tuition, employment services requirements may have good cause if verified or books, and costs for qualifying examinations; otherwise demonstrated by the recipient to the satisfaction of Choices staff. Each of the following may constitute good cause. (4) small business start-up; or (1) The person is temporarily ill or incapacitated. (5) other types of asset accumulation.

23 TexReg 3712 April 10, 1998 Texas Register (d) The Commission reserves the right to place more 40 TAC §§811.31-811.34 restrictive limits for use of the individual development accounts The new sections are adopted under the Texas Labor Code, through written guidelines. Chapter 301, which authorizes the Commission to adopt rules (e) Deposits made in an IDA may be matched by an necessary for the administration of the Commission and the employer, a community group, or a financial institution. Match is workforce development division. The new sections are also not considered as income. adopted under the Texas Human Resources Code, Title 2, Subtitle C, Chapter 31, Financial Assistance and Service §811.20. Employment Retention and Re-employment Services. Programs, which governs employment services for recipients (a) Monitoring of employment retention and reporting hours of financial assistance. of employment are required for at least the length of time the participant receives temporary cash assistance. This agency hereby certifies that the adoption has been re- viewed by legal counsel and found to be a valid exercise of the (b) Participant follow-up methods and timeframes shall be agency’s legal authority. established through local policy and procedures, but shall occur no less often than monthly. Filed with the Office of the Secretary of State on March 26, 1998. (c) Employment retention and re-employment services may be made available to participants beyond denial of temporary cash TRD-9804336 assistance benefits. These services include but are not limited to the J. Randel (Jerry) Hill following: General Counsel (1) assistance and support for the transition into employ- Texas Workforce Commission ment through direct services or referrals to resources available in the Effective date: April 15, 1998 area; Proposal publication date: January 2, 1998 For further information, please call: (512) 463-8812 (2) child care, if needed, as specified in rules at Chapter 809 of this title (relating to Childcare and Development); ♦♦♦ (3) work-related expenses, including those identified in Subchapter D. Work-Based Programs §811.85 of this title (relating to Work-Related Expenses); 40 TAC §§811.41-811.45 (4) transportation necessary for a period of time to allow a participant who loses employment to engage in short-term, supported The new sections are adopted under the Texas Labor Code, job search or related activities; Chapter 301, which authorizes the Commission to adopt rules necessary for the administration of the Commission and the (5) job readiness services and assisted intensive job workforce development division. The new sections are also search, as determined by local workforce development boards, to adopted under the Texas Human Resources Code, Title 2, help a participant who loses employment find another job as quickly Subtitle C, Chapter 31, Financial Assistance and Service as possible; Programs, which governs employment services for recipients (6) job placement and job development services, as deter- of financial assistance. mined by local workforce development boards, to help a participant §811.42. Subsidized Employment. who loses employment find another job as quickly as possible; or (a) Enrollment. (7) referrals to available education and training resources, as needed, to increase an employed participant’s skills or to help (1) Participants who, after an objective assessment of the participant qualify for advancement and longer-term employment their skills, are determined by Choices staff to have the basic skills goals. and attitudes necessary to succeed in the workplace may be placed in subsidized employment positions. (d) Employment retention and re-employment services may be provided by Commission staff, local workforce development (2) Participants, age 18 and older, who are unemployed boards, or contracted service providers. after completing an initial job readiness and job search period may be required to enter into a subsidized employment position based This agency hereby certifies that the adoption has been re- on available resources and the participant’s skills, interests, and viewed by legal counsel and found to be a valid exercise of the employability plan. agency’s legal authority. (3) Other participants may volunteer for a subsidized Filed with the Office of the Secretary of State on March 26, employment position. 1998. (b) Duration of the Activity. Participants in a subsidized TRD-9804335 employment position are encouraged to work between 35 and 40 J. Randel (Jerry) Hill hours per week for no more than four full months. Overtime General Counsel is allowed by mutual agreement between the participant and the Texas Workforce Commission employer. Effective date: April 15, 1998 (c) Wages. Proposal publication date: January 2, 1998 For further information, please call: (512) 463-8812 (1) Wages shall be at least minimum wage. ♦♦♦ (2) Employers must provide the same wages and benefits to subsidized employees as for unsubsidized employees with similar Subchapter C. Job Search-Related Activities skills, experience, and position.

ADOPTED RULES April 10, 1998 23 TexReg 3713 (3) If overtime is earned, the employer is responsible for (g) Exception to Duration. The workforce development all wages in excess of 40 hours per week. division may approve an exception to subsection (f) of this section. The workforce development division will consider the specific (4) Upon submission of a monthly voucher supported training needs in granting an exception. by weekly time and attendance documentation, employers will be subsidized a portion of wages paid, as determined by contract. The (h) Training Stipend. Each participant making satisfactory subsidy is derived from the participant’s temporary cash assistance progress in the training program as set forth in the course curriculum and food stamp benefits which are diverted to the Commission to be shall receive a monthly training stipend of $600 in addition to the distributed to the employer. temporary cash assistance and other financial assistance authorized by DHS staff. (d) Status of Enrollment at Denial of Benefits. If a participant’s temporary cash assistance benefits are denied while §811.45. Self-Employment Assistance. enrolled in a subsidized employment position, the employment subsidy ends with the effective date of denial. Employers may (a) Subject to available resources, the Commission shall, decide whether or not to retain the participant in an unsubsidized or Local Workforce Development Boards may, provide for self- employment position. employment assistance services for appropriate Choices participants to enable them to begin or continue a small business. For the purpose (e) Status of Subsidized Employee. The subsidized employ- of this subsection, a small business has five or fewer employees. ment participants are considered employees of the participating em- ployer for purposes of state and federal labor laws. (b) Self-employment assistance may include a microenter- prise development program, centrally administered by the Commis- §811.44. Texans Work Program. sion. The Commission may contract with credit organizations to provide individual loans and business counseling services to eligible (a) Description. The Texans Work Program is on-the-job participants for authorized services. These loans must be repaid. training for Choices participants. (c) Participants shall be selected for self-employment as- (b) Participating Employers. Employers or employer al- sistance through an objective assessment process that will identify liances or consortia may participate in the program upon approval participants that are likely to succeed as a business owner. by the Commission or by the Local Workforce Development Boards. (d) Self-employment assistance services available to all (c) Approval of the Employer’s Training Program. An participants in the program shall include, but not be limited to: employer’s training program must be approved by the Commission in collaboration with the Texas Skills Standards Board following written (1) entrepreneurial training, a required activity for each guidelines to be developed by the Commission. participant in the program; (d) Employer Responsibilities. Employers, other approved (2) business counseling; organizations as stipulated in subsection (b) of this section, or (3) financial assistance; or subcontracted training providers are responsible for the following: (4) technical assistance. (1) designing the training curriculum and providing the training; This agency hereby certifies that the adoption has been re- viewed by legal counsel and found to be a valid exercise of the (2) providing one or more training positions for Choices agency’s legal authority. participants; Filed with the Office of the Secretary of State on March 26, (3) contributing $300 per month, to the Commission, for 1998. each trainee for the duration of the training program; and TRD-9804337 (4) reporting the trainee’s attendance and other necessary J. Randel (Jerry) Hill information as established in written guidelines by the Commission or the Local Workforce Development Boards. General Counsel Texas Workforce Commission (e) Participants in the Texans Work Program. Effective date: April 15, 1998 (1) Participants who are unemployed after completing Proposal publication date: January 2, 1998 job search activities may be required to participate in a Texans Work For further information, please call: (512) 463-8812 assignment. ♦♦♦ (2) Choices staff shall make arrangements with the employers to provide candidates for the training positions. Employers Subchapter E. Educational and Other Training may conduct interviews or use other objective means to select Activities appropriate trainees for the available positions. 40 TAC §§811.61-811.65 (3) Excessive, unexcused absences by a participant, as defined by the employer and based on the participant’s employability The new sections are adopted under the Texas Labor Code, plan, shall be subject to a pro-rata reduction in the amount of the Chapter 301, which authorizes the Commission to adopt rules training stipend received under subsection (h) of this section. necessary for the administration of the Commission and the workforce development division. The new sections are also (f) Duration of the Placement. The length of a training adopted under the Texas Human Resources Code, Title 2, course shall be in compliance with the Texas Labor Code, Subtitle Subtitle C, Chapter 31, Financial Assistance and Service B, Title 4, Chapter 308. Programs, which governs employment services for recipients of financial assistance.

23 TexReg 3714 April 10, 1998 Texas Register §811.62. Educational Activities. Filed with the Office of the Secretary of State on March 26, 1998. Choices staff may authorize, arrange, or refer participants for the following educational activities if deemed necessary for finding TRD-9804339 employment: J. Randel (Jerry) Hill General Counsel (1) secondary school leading to a high school diploma; Texas Workforce Commission (2) a course of study leading to a certificate of high school Effective date: April 15, 1998 equivalency; Proposal publication date: January 2, 1998 (3) basic skills and literacy; For further information, please call: (512) 463-8812 (4) English proficiency; or ♦♦♦ (5) post-secondary vocational education, for up to 12 Subchapter G. Appeals months, that prepares participants for employment in current and emerging occupations that do not require a baccalaureate or advanced 40 TAC §811.101 degree. On an individual basis, completion of self-initiated education The new section is adopted under the Texas Labor Code, currently in progress at the associates, baccalaureate, or advanced Chapter 301, which authorizes the Commission to adopt rules degree level may be approved within the twelve-month time frame. necessary for the administration of the Commission and the This agency hereby certifies that the adoption has been re- workforce development division. The new section is also viewed by legal counsel and found to be a valid exercise of the adopted under the Texas Human Resources Code, Title 2, agency’s legal authority. Subtitle C, Chapter 31, Financial Assistance and Service Programs, which governs employment services for recipients Filed with the Office of the Secretary of State on March 26, of financial assistance. 1998. §811.101. Fair Hearings or Appeals. TRD-9804338 J. Randel (Jerry) Hill (a) Applicants and recipients of temporary cash assistance General Counsel may appeal adverse action taken on their application for benefits or Texas Workforce Commission amount of benefits to DHS in accordance with DHS’ rules located at Effective date: April 15, 1998 §3.2406 of this title (relating to Right to Appeal). Proposal publication date: January 2, 1998 (b) Persons who are dissatisfied with decisions of Choices For further information, please call: (512) 463-8812 staff relating to Choices activities or support services may file an ♦♦♦ appeal of the decision. The request must be submitted in writing to the Appeals Department, Texas Workforce Commission, 101 East Subchapter F. Support Services 15th Street, Room 410; Austin, Texas 78778-0001, within 30 calendar days after being notified in writing of the decision. Choices staff shall 40 TAC §§811.81-811.87 inform participants of their right to appeal a decision of Choices staff related to employment services or support services and the procedures The new sections are adopted under the Texas Labor Code, for requesting a fair hearing. Chapter 301, which authorizes the Commission to adopt rules necessary for the administration of the Commission and the This agency hereby certifies that the adoption has been re- workforce development division. The new sections are also viewed by legal counsel and found to be a valid exercise of the adopted under the Texas Human Resources Code, Title 2, agency’s legal authority. Subtitle C, Chapter 31, Financial Assistance and Service Filed with the Office of the Secretary of State on March 26, Programs, which governs employment services for recipients 1998. of financial assistance. TRD-9804340 §811.87. GED Testing Payments. J. Randel (Jerry) Hill The cost of GED testing and issuance of the certificate shall be paid General Counsel by the Commission, Local Workforce Development Board, or the Texas Workforce Commission board’s services provider through direct payments to the GED test Effective date: April 15, 1998 centers and the Texas Education Agency for participants referred for Proposal publication date: January 2, 1998 testing by Choices staff. For further information, please call: (512) 463-8812 This agency hereby certifies that the adoption has been re- ♦♦♦ viewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

ADOPTED RULES April 10, 1998 23 TexReg 3715 REVIEW OF AGENCY RULES This Section contains notices of state agency rules review as directed by the 75th Legislature, Regular Session, House Bill 1 (General Appropriations Act) Art. IX, Section 167. Included here are: (1) notices of plan to review; (2) notices of intention to review, which invite public comment to specified rules; and (3) notices of readoption, which summarize public comment to specified rules. The complete text of an agency’s plan to review is available after it is filed with the Secretary of State on the Secretary of State’s web site (http://www.sos.state.tx.us/texreg). The complete text of an agency’s rule being reviewed and considered for readoption is available in the Texas Adminis- trative Code on the web site (http://www.sos.state.tx.us/tac).

For questions about the content and subject matter of rules, please contact the state agency that is reviewing the rules. Questions about the web site and printed copies of these notices may be directed to the Texas Register office. Proposed Rule Reviews Filed: March 26, 1998 Office of the Texas State Chemist/Texas Feed and Fertilizer ♦♦♦ Control Service The Office of the Texas State Chemist/Texas Feed and Fertilizer Con- The Office of the Texas State Chemist/Texas Feed and Fertilizer trol Service proposes to readopt Chapter 65, Commercial Fertilizer Control Service proposes to readopt Chapter 61, Commercial Feed Rules, in accordance with the Appropriations Act, §167. Rules, in accordance with the Appropriations Act, §167. The agency’s reasons for adopting the rules contained in this chapter The agency’s reasons for adopting the rules contained in this chapter continue to exist. continue to exist. The rules were rewritten and revised in fiscal year Comments on the proposals may be submitted to Dr. Konrad Eugster, 96 to be in accordance with amendments to the Texas Feed Control Associate Vice Chancellor of Agriculture, Office of the Texas State Act. Chemist/Texas Feed and Fertilizer Control Service, P.O. Box 3160, Comments on the proposals may be submitted to Dr. Konrad Eugster, College Station, TX 77841-3160, FAX (409) 845-1389, or by e-mail Associate Vice Chancellor of Agriculture, Office of the Texas State to [email protected]. Chemist/Texas Feed and Fertilizer Control Service, P.O. Box 3160, TRD-9804353 College Station, TX 77841-3160, FAX (409) 845-1389, or by e-mail Dr. A. Konrad Eugster to [email protected]. Associate Vice Chancellor of Agriculture TRD-9804352 Office of the Texas State Chemist/Texas Feed and Fertilizer Control Dr. A. Konrad Eugster Service Associate Vice Chancellor of Agriculture Filed: March 26, 1998 Office of the Texas State Chemist/Texas Feed and Fertilizer Control ♦♦♦ Service Filed: March 26, 1998 Agency Rule Review Plans ♦♦♦ Texas State Board of Examiners of Psychologists The Office of the Texas State Chemist/Texas Feed and Fertilizer Filed: March 13, 1998 Control Service proposes to readopt Chapter 63, Pet Food Rules, in accordance with the Appropriations Act, §167. Texas Department of Economic Development The agency’s reasons for adopting the rules contained in this chapter Filed: March 23, 1998 continue to exist. Office of the Governor – Criminal Justice Division Comments on the proposals may be submitted to Dr. Konrad Eugster, Filed: March 24, 1998 Associate Vice Chancellor of Agriculture, Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service, P.O. Box 3160, Board for Lease of University Lands College Station, TX 77841-3160, FAX (409) 845-1389, or by e-mail Filed: March 24, 1998 to [email protected]. TRD-9804351 Texas Department of Transportation – Motor Vehicle Board Dr. A. Konrad Eugster Filed: March 26, 1998 Associate Vice Chancellor of Agriculture Board of Vocational Nurse Examiners Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service Filed: March 26, 1998

RULE REVIEW April 10, 1998 23 TexReg 3717 Texas Education Agency Filed: March 31, 1998 Filed: March 27, 1998 ♦♦♦ Board of Nurse Examiners

23 TexReg 3718 April 10, 1998 Texas Register OPEN MEETINGS Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours before a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities listed above must have notice of an emergency meeting, an emergency revision to an agenda, andthe reason for such emergency posted for at least two hours before the meeting is convened. All emergency meeting notices filed by governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board at the main office of the Secretary of State in lobby of the James Earl Rudder Building, 1019 Brazos, Austin. These notices may contain a more detailed agenda than what is published in theTexas Register. Meeting Accessibility. Under the Americans with DisabilitiesAct, an individual with a disability must have an equal opportunity for effective communication and participation in public meetings.Upon request, agencies must provide auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, large print or braille documents. In determining type of auxiliary aid or service, agencies must give primary consideration to the individual's request. Those requesting auxiliary aids or servicesshould notify the contact person listed on the meeting summary several days prior to the meeting by mail, telephone, or RELAY Texas (1-800-735-2989). Texas State Board of Public Accountancy A Prehearing conference is scheduled for the above date and time in: SOAH DOCKET No. 473–98–0403 — Application of TEXAS Thursday, April 9, 1998, 10:00 a.m. ALLTEL, INC. to recover lost revenues and costs of implementing 333 Guadalupe Street, Tower III, Suite 900, Room 910 expanded local calling service pursuant to PUC SUBST. R. 23.49(c) (12) PUC Docket No. 17641. Austin Contact: William G. Newchurch, 300 West 15th Street, Suite 502, Regulatory Compliance Subcommittee Austin, Texas 78701–1649, (512) 936–0728. AGENDA: Filed: March 26, 1998, 4:43 p.m. Executive Session to review personnel matters concerning hirings in TRD-9804371 the Enforcement division. ♦♦♦ Contact: Amanda G. Birrell, 333 Guadalupe Street, Tower III, Suite Tuesday, April 7, 1998, 10:00 a.m. 900, Austin, Texas 78701–3900, (512) 305–7842. Filed: March 30, 1998, 10:19 a.m. 1700 North Congress Avenue TRD-9804433 Austin ♦♦♦ Utility Division State Office of Administrative Hearings AGENDA: Monday, April 6, 1998, 10:00 a.m. A Prehearing conference is scheduled for the above date and time in: SOAH DOCKET No. 473–98–0475 — Petition of CENTRAL 1700 North Congress Avenue POWER AND LIGHT COMPANY, WEST TEXAS UTILITIES Austin COMPANY, AND SOUTHWESTERN ELECTRIC POWER COM- PANY, for approval of Contracts and Costs Associated with Renew- Utility Division able energy Resources and For Authority to Implement A Power Cost AGENDA: Recovery Factor Associated therewith (PUC DOCKET No. 18845).

OPEN MEETINGS April 10, 1998 23 TexReg 3719 Contact: William G. Newchurch, 300 West 15th Street, Suite 502, Adjourn Austin, Texas 78701–1649, (512) 936–0728. Contact: Ms. Mary Webb, P.O. Box 398, Gorman, Texas 76454, (817) Filed: March 26, 1998, 4:43 p.m. 734–2853. TRD-9804372 Filed: March 26, 1998, 3:47 p.m. ♦♦♦ TRD-9804362 Texas Department of Agriculture ♦♦♦ Wednesday, April 8, 1998, 10:30 a.m. Thursday, April 9, 1998, 11:00 a.m. Texas Sheep and Goat Raisers Association Building, 233 West 233 West Twohig Twohig San Angelo San Angelo Texas Mohair Producers Board Sheep and Goat Predator Management Board AGENDA: AGENDA: Opening Remarks and Welcome Opening Remarks and Welcome Review and Approval: Minutes of January 21, 1998 meeting; Of Review and approval on minutes of last meeting — February 15, Fiscal Affairs, Cash Flow and Budget Report, Check off Assessments 1998, Review and approval of Fiscal Affairs and Refunds, Approval of 1998–1999 Budget. Reports of Officers and Directors Discussion and Action: New Business — Proposal to fund apparel products, Use of funds for Biennial Election. Discussion and Action: New Business: Review of telephone messages; Annual Reports/Renewal Requests; Development of time- Unfinished Business — Replace of Board President; Reimbursement line and initial plans for biennial election; Addition to Hot-Spots of Product Development Requests; Special Requests, Mason County Proposal for bounty Machinery expenses to the Mohair Council of America. assistance. Scheduling of next meeting. Setting Time and Place of Next Meeting- August 12, 1998, Inn of Unfinished Business: Coping with Bobcats video and Predators in the Hills, Kerrville, Texas. the Classroom reports; Texas Animal Health Audit for 1997; Refunds with multiple contributors to sale; Report from Gary Nunley-Animal Discussion: Other Business Damage Control. Adjourn Discussion: Other Business Contact: Zane Willard, 233 West Twohig, San Angelo, Texas 76902, (915) 655–3161. Adjourn Filed: March 31, 1998, 9:27 a.m. Contact: Ms. Minnie Savage, 233 West Twohig, San Angelo, Texas TRD-9804491 76903–3543, (915) 659–8777. Filed: March 26, 1998, 3:47 p.m. ♦♦♦ TRD-9804363. State Aircraft Pooling Board ♦♦♦ Thursday, April 9, 1998, 10:00 a.m. Thursday, April 9, 1998, 8:00 a.m. 4900 Old Manor Road Holiday Inn, 3201 Loop 289 Austin Lubbock Board Meeting Texas Peanut Producers Board AGENDA: AGENDA: 1. Call to Order Roll Call, Introduction of Guests 2. Introductions Discussion and action: On Minutes 3. Approval of Board Meeting January 27, 1998 Presentation: By Thacker Group; by Gayle Stephenson 4. Airport Relocation Review of Other Proposals 5. Strategic Plan for Fiscal Years 1999–2003 Adjourn for Executive Session 6. Executive Director’s Report Executive Session: In accordance with Tex. Govt.Code. Ann., 7. Executive Session — Personnel Matters §551.074, to discuss personnel matters; Adjourn Executive Session; 8. Setting of Time and Place of Next Meeting Reconvene Regular Session 9. Final Adjournment Discussion and Action: On Executive Session, if necessary: FY 1998–1999 budget Contact: Kelly Perez, 4900 Old Manor Road, Austin, Texas 78723, (512) 477–8900. Discussion: Other Business Filed: March 30, 1998, 2:09 p.m.

23 TexReg 3720 April 10, 1998 Texas Register TRD-9804453 A&M School of Architecture and 7th Street Enhancement. Item 9. ♦♦♦ Consideration and potential action on the draft of the Texas State Cemetery Committee Rules. Item 10. Consideration and potential Texas Alternative Fuels Council action on FY 1998 Operating Budget. Item 11. Consideration and potential action on FY 1999 Recommended Budget. Item 12. Friday, April 3, 1998, 10:00 a.m. Review of information regarding burials at the Texas State Cemetery Sam Houston State Office Building, 201 East 14th Street, Room 175 from March 3, 1998 to April 7, 1998. Item 13. Consideration and potential action on the Texas State Cemetery Collections Policy. V. Austin Scheduling of next Open Meeting. VI. Executive Session to consider AGENDA: personnel matters pursuant to the provisions of Texas Government Code §551.074; Personnel Action VII. Adjournment. Pursuant to the Texas Government Code, Chapter 551, the following Contact: Ann Dillon, 1711 San Jacinto Boulevard, Austin, Texas matters will be taken up for discussion and/or decision by the Texas 78701, (512) 463–3960. Alternative Fuels Council (the “Council”) at the Sam Houston State Filed: March 27, 2:39 p.m. Office Building, 201 East 14th Street, Room 175, Austin, Texas on the third day of April 1998 commencing at 10:00 a.m. The council TRD-9804409 may enter into executive session on any of the items listed below as ♦♦♦ authorized by the Texas Government Code, Chapter 551. (1) Call to Order; (2) Consideration of minutes form December 19, 1997 Children’ Trust Fund of Texas Council meeting; (3) Consideration and potential action on the requested change of work scope for the contract with the Texas Alternative Monday, April 6, 1998, 9:30 a.m. Fuels Council and the City of Austin; (4) Consideration and potential 8929 Shoal Creek Boulevard, Suite 200 action on the requested change of work Scope for the grant award with the Texas Alternative Fuels Council and the El Paso Airport; (5) Austin Consideration and potential action for additional funding to enable AGENDA: the completion of the contract with the Alternative Fuels Council and Southwest Environmental Consultants; (6) Information Items; (7) Call to Order, Approve December 4, 1997 Minutes Public Comment; (8) Adjournment. Discuss and take action: Persons with disabilities who plan to attend this meeting and may • Executive Director’s Compensation need ADA aids or services , such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, also non- • Parent Educator Statewide Database, North Texas State University English speaking persons, are requested to contact Frank Higgerson, • Texas CASA’s Ninth Annual Statewide Training Conference (512) 463–3262, two working days prior to the meeting, so that appropriate arrangements can be made. • Tenth Annual 1998 Crimes Against Children Seminar Contact: Ann Dillon, 1711 San Jacinto Boulevard, Austin, Texas • I am Your Child, Texas Network Conference 78701, (512) 463–3583. Discuss and take possible action: Filed: March 26, 1998, 8:21 a.m. • Country Cares for Kids Fundraiser, KHEY, El Paso, Clear Channels TRD-9804315 Communication ♦♦♦ • StartSmart, National Youth Sports Coaches Association of Texas State Cemetery Committee • Texas CASA Newsletter, Heartbeat Tuesday, April 7, 1998, 10:00 a.m. • Technical Assistance and Training Program, March of Dimes 909 Navasota • Fragile Families and Child Well-Being Program, University of Texas Austin General Discussion AGENDA: • Division updates 1. Call to Order II. Staff, Guests and Members Present III. Approval — Administration of Minutes IV. Consideration of the following Agenda Items: Item 1. Consideration and potential action on requests for burial and — Public Education cenotaphs. Item 2. Consideration and potential action on the policy — Programs regarding dimensions of monuments for the burial spaces in the Texas State Cemetery. Item 3. Consideration and potential action — Family PRIDE on proposals for the “Avenue of the Flags” Program on Highway Set Next Board Meeting 165 (Cemetery North to South Drive). Item 4. Consideration and potential action on matters outlined in warranty letter to Contractor Adjourn regarding items to be corrected from the renovation project. Item 5. Contact: Sarah Winkler, 8929 Shoal Creek Boulevard, Suite 200, Consideration and potential action on review of Balance of Accounts. Austin, Texas 78757–6854, (512) 458–1281. Item 6. Consideration and potential action on the Medal of Honor Filed: March 27, 1998, 8:42 a.m. Memorial and other memorials. Item 7. Consideration and potential TRD-9804376 action on Cemetery procedures and other administration matters. Item 8. Consideration and potential action on report from Texas ♦♦♦

OPEN MEETINGS April 10, 1998 23 TexReg 3721 Office of Court Administration Thursday, April 16, 1998, 2:00 p.m. Thursday, April 16, 1998, 8:00 a.m. Credit Union Department Building, 914 East Anderson Lane 201 West 14th, First Floor Austin Austin Legislative Advisory Committee for the Credit Union Commission Texas Judicial Council Committee on Court Records AGENDA: AGENDA: To Invite: Public input for future consideration. To Receive: Minutes of January 15, 1998, meeting; To Consider: Taking formal action to I. Commencement of Meeting — Judge Mike Wood Recommend that the Credit Union Commission Approve for Publi- II. Attendance of Members cation and Comment Proposed Amendments to §91.701, Concerning Lending Requirements; Taking formal action to Recommend that the III. Opening Remarks and Committee Update Credit Union Commission Approve for Publication and Comment IV. Committee Discussion of Public Access to Court Records Proposed Amendments to §91.209 concerning Filing Fees and Penal- ties for Late Filing; Taking formal action to Advocate Legislative V. Public Testimony Recommendations regarding the Texas Finance Code for Considera- VI. Other Business tion by the 76th Legislature; To Conduct: Discussion of the Mandated Study (75th Leg., R.S., Ch. 338, 1997 Tex. Sess. Law. Serv. 1450) VII. Adjourn of State Laws Governing Financial Institutions; Establish date for Contact: Amy Chamberlain, P.O. Box 12066, Austin, Texas 78711– next Committee Meeting. 2066, (512) 463–1625. Filed: April 1, 1998, 10:47 a.m. In the event the Commission does not finish deliberation of an item on the first day for which it was posted, the Commission might recess TRD-9804554 the meeting until the following day at the time and place announced ♦♦♦ at the time of recess. Persons with disabilities may request reasonable accommodations Texas Court Reporters Certification Board such as interpreters, alternative formats, or assistance with physical Saturday, April 4, 1998, 9:00 a.m. accessibility. Request for special accommodations must be made 72 hours prior to the meeting by contacting Carol Shaner at (512) 837– 1414 Colorado Street, Room 202–203, Texas Law Center 9236. Austin Contact: Carol P. Shaner, 914 East Anderson Lane, Austin, Texas AGENDA: 78752–1699, (512) 837–9236. Filed: March 30, 9:35 a.m. The Texas Court Reporters Certification Board will meet to consider TRD-9804427 the following: call to order; approval of prior meeting minutes; discuss, consider and possibly act on a request to dismiss in Cause ♦♦♦ No. 98–5309–16; conduct formal disciplinary hearings in Cause Nos. 97–1504–08, 98–4842–07, 98–5156–08 and 98–5309–09; discuss, Friday, April 17, 1998, 10:00 a.m. consider and possibly act on the Agreed Final Order issued in Cause Credit Union Department Building, 914 East Anderson Lane No. 98–6152–06; discuss, consider and possibly act on the final order issued in Cause No. 97–3143–07; conduct preliminary reviews in Austin Cause Nos. 98–1235–15, 98–5752–17, 98–0829–18 and 98–0308– Credit Union Commission 19; discuss, consider and possibly act on a request for a special preliminary review in Cause No. 98–3258–10; discuss, consider AGENDA: and possibly act on an applicant convicted of a criminal offense in To Invite: Public input for future consideration. To Receive: Minutes File No. 7417; hear report of a possible board action of Continuing of January 16, 1998, Commission meeting; communications; and Education Committee Chair; hear report with possible board action committee reports from the Texas Share Guaranty Credit Union of Testing Committee Chair; discuss, consider ant possibly act on (TSGCU) Oversight Committee, Legislative Advisory Committee, general correspondence; discuss, consider and possibly act on board and Field of Membership Committee; To Consider: Taking formal members whose term expires December 31, 1998; review of agency action to Adopt New 7 TAC §91.103 Concerning Public Notice of operating budget year-to-date: and adjourn. Department Activities; Taking formal action to Adopt New 7 TAC Persons with disabilities who plan to attend this meeting and who §91.104 Concerning Public Notice of Certain Applications; Taking may need ADA assistance or services, are requested to contact Peg formal action to Adopt Amendments to 7 TAC §91.701 Concerning Liedtke at (512) 463–1624, two work days prior to the meeting, so Home Equity and Reverse Mortgage Lending; Taking formal action that appropriate arrangements can be made. to Adopt New 7 TAC §91.1003 Concerning Criteria for Mergers and Consolidations; Taking formal action to Adopt New 7 TAC §91.3001 Contact: Peg Liedtke, 205 West 14th Street, Suite 101, Austin, Texas Concerning Public Comments on Certain Applications; Taking formal 78701, (512) 463–1624. action to Adopt New 7 TAC §91.3002 Concerning Meetings to Filed: March 27, 1998, 4:31 p.m. Receive Public Comments on Certain Applications; Taking formal TRD-9804419 action to Adopt Amendments to 7 TAC §97.113 Concerning Credit ♦♦♦ Union Operating Fees; Taking formal action to Tentatively Approve the Department’s Strategic Plan for Fiscal Years 1999–2003; Taking Credit Union Department formal action to establish July 17, 1998 as the tentative date for the

23 TexReg 3722 April 10, 1998 Texas Register next Commission’s meeting; To Conduct: Discussion of the Proposed Contact: Twyla H. Strickland, P.O. Box 3538, Austin, Texas 78764, Agenda for the State Credit Union Meeting at the Texas Credit Union (512) 462–5303. League Annual Meeting; Review Information on the Opinion of Filed: March 26, 1998, 1:25 p.m. the U.S. Supreme Court in National Credit Union Administration TRD-9804330 v. First National Bank & Trust Co. et al, and the Subsequent Congressional Response; An executive session to review credit unions ♦♦♦ receiving special supervision and related concerns; to consult with April 3, 1998, 10:30 a.m. legal counsel regarding contemplated legal actions, existing litigation and administrative sanctions; and administrative sanctions; and to 1102 South Congress Avenue discuss personnel matters. Austin In the event the Commission does not finish deliberation of an item Governing Board Budget and Audit Committee on the first day for which it was posted, the Commission might recess the meeting until the following day at the time and place announced AGENDA: at the time of recess. (a) Consideration of Investment Report for period 9/1/97–11/28/97 Persons with disabilities may request reasonable accommodations (b) Consideration of Internal Audit Plan such as interpreters, alternative formats, or assistance with physical accessibility. Request for special accommodations must be made 72 Contact: Twyla H. Strickland, P.O. Box 3538, Austin, Texas 78764, hours prior to the meeting by contacting Carol Shaner at (512) 837– (512) 462–5303. 9236. Filed: March 26, 1998, 1:51 p.m. Contact: Carol P. Shaner, 914 East Anderson Lane, Austin, Texas TRD-9804332 78752–1699, (512) 837–9236. ♦♦♦ Filed: March 30, 9:35 a.m. TRD-9804428 April 3, 1998, 1:00 p.m. ♦♦♦ 1102 South Congress Avenue Texas Department of Criminal Justice Austin Governing Board Thursday, April 9, 1998, 8:00 a.m. AGENDA: Trinity Plaza II, Suite 310, 745 East Mulberry Avenue 1. Call to Order San Antonio 2. Approval of Minutes from the February 13, 1998 Meeting Ad Hoc Committee 3. Audience Speakers to Address the Board; Introduction of Visitors AGENDA: 4. Business for Information Purposes I. Executive Session a. Report from Interim Superintendent A. Conduct interviews and formulate recommendation for the ap- pointment of the Internal Affairs Director (Closed in accordance with b. Facilities Construction Update §551.074, Government Code). c. Relocation Plan Persons with disabilities who plan to attend this meeting and require d. Risk Management Audit ADA assistance or services, are required to contact Meredith Johnson, (512) 475–3250, several days prior to the meeting. e. Management Audit Contact: Meredith Johnson, P.O. Box 13084, Austin, Texas 78711, 5. Board Reports and Action Items (512) 475–3250. a. Standing Committee Reports Filed: March 31, 1998, 8:41 a.m. TRD-9804487 (1) Budget and Audit Committee ♦♦♦ (a) Consideration of Investment Report for period 9/1/97–11/28/97 (b) Consideration of Internal Audit Plan Texas School for the Deaf b. Special Committee Reports April 3, 1998, 8:30 a.m. (1) Superintendent Search Committee 1102 South Congress Avenue (a) Consideration of input Received from Stakeholders on Superin- Austin tendent Selection Process Governing Board Superintendent Search Committee (b) Determine Interview Process for Hiring New Superintendent AGENDA: c. Consent Agenda (a) Consideration of Input Received from Stakeholders on Superin- (1) Consideration of Textbook Adoption for 1998–1999 School Year tendent Selection Process d. Other Action Items (b) Determine Interview Process for Hiring New Superintendent (1) Consideration of Equipment Lease Financing Resolution

OPEN MEETINGS April 10, 1998 23 TexReg 3723 (2) Consideration of TSD Health Services Assessment Wednesday, April 15, 1998, 9:00 a.m. (3) Consideration of 1998–1999 School Calendar Center for Energy and Economic Development, (CEED), SH 191 and FM 1788 (4) Consideration of Staff Development Waiver for 1998–1999 Odessa (5) Adoption of New Language in Employment Contracts Local Employee Committee Midland/Odessa Area (6) Consideration of TSD Technology Plan for 1997–2000 for participation in Universal Service Fund E-Rate Discounts AGENDA: 6. Reports or Discussion by Individual Board Members 1. Call to Order 7. Adjournment 2. Reading of minutes of February 23, 1998 Contact: Twyla H. Strickland, P.O. Box 3538, Austin, Texas 78764, 3. 1998 Timetable/Calendar (512) 462–5303. Filed: March 26, 1998, 1:51 p.m. 4. Approval or denial of charities’ and federations’ applications TRD-9804331 Contact: Percy Symonette, 1209 West Wall Street, Midland, Texas (915) 685–7700. ♦♦♦ Filed: March 26, 1998, 4:43 p.m. Texas Department of Economic Development TRD-9804370 ♦♦♦ Tuesday, April 7, 1998, 2:00 p.m. 1700 North Congress Avenue, SFA Building, Third Floor Conference Texas Commission on Fire Protection Room 300A Wednesday-Friday, April 8–10, 1998, 9:00 a.m. Austin 12675 Research Boulevard Tourism Advisory Committee Austin AGENDA: Commission The Texas Department of Economic Development Tourism Advisory AGENDA: Committee will be holding its quarterly meeting at the Texas Depart- ment of Economic Development, Stephen F. Austin Building from I. The Budget and Strategic Plan subcommittees will meet at 10:00 2:00 p.m. — 5:00 p.m. Approval of Minutes for January 6, 1998; a.m. on April 8 and may develop recommendations to be presented Strategic Planning Overview; Discuss Elections; Discuss Tourism to the full commission. Advisory Committee Rules; National Tourism Week; Community II. The subcommittee on advisory committee nominations will meet Workshops; New Technology Research; Advertising Review Process; at 1:30 p.m. on April 8 to discuss recommendations for terms to the Discuss Rural Tourism Subcommittee; Discuss Domestic Marketing Fire Fighters Advisory Committee. Committee; Discuss Marketing Committee; New Business; Adjourn- ment. III. The subcommittee appointed to make recommendations on the Contact: Hector Herrera, P.O. Box 12728, Austin, Texas 78711–2728, evaluation of the Executive Director will meet at 1:30 p.m. on April (512) 4462–9191. 8. The subcommittee may meet in executive session pursuant to Filed: March 31, 1998, 7:46 a.m. §551.074, Texas Government Code. TRD-9804483 IV. Open session for the Executive Director Evaluation subcommittee to develop recommendations to be presented to full commission ♦♦♦ regarding preceding agenda item. State Board for Educator Certification V. Executive session at 3:00 p.m. on April 8 under §551.074, Texas Government Code, to discuss personnel matters relating to Friday, April 3, 1998, 11:30 a.m. appointment, employment, compensation, evaluation, reassignment, Plano ISD- Administration Center, 2700 West 15th Street duties, discipline, or dismissal of the Executive Director or personnel acting on an interim basis. Plano VI. Open session for further discussion, possible action on preceding Advanced Certificate Subcommittee agenda item. AGENDA: VII. Executive session under §551.071, Texas Government Code, to 1. Advanced Certificate discuss pending litigation. Contact: Denise Jones, 1001 Trinity Street, Austin, Texas 78701– VIII. Open session for further discussion, possible action on preceding 2603, (512) 469–3005. agenda item. Filed: March 31, 1998, 3:16 p.m. IX. Report from strategic plan and budget subcommittees. TRD-9804527 ♦♦♦ X. Report from subcommittee on advisory committee nominations. XI. Discussion, possible action on request from Commissioner State Employee Charitable Campaign Marvin Dawson to reconsider Fire Fighter Advisory Committee appointments.

23 TexReg 3724 April 10, 1998 Texas Register XII. Discussion, possible action on matters from the Executive Bay, Calhoun Co.; Arroyo Colorado, Cameron Co.; Galveston Director. Bay, Chambers Co.; Colorado River, Matagorda Co.; Caney Creek, Matagorda Co.; Cow Bayou, Orange Co.; West Bay, Galveston Co.; XIII. Reports from Fire Service interest groups and agencies. Copano Bay, Aransas Co.; Oyster Creek, Brazoria Co.; Corpus Christi XIV. Discussion, possible action concerning reports by Commission Bay, Nueces Co.; Laguna Madre, Cameron Co.; structure (cabin) representatives to the Texas Fire School Advisory Board and TEEX. permit terminations, requests and renewals, Laguna Madre, Kenedy Co.; Laguna Madre, Cameron Co.; Titlum Tatlum Bayou, Brazoria XV. Matters from the Funds Allocation Advisory Committee. Co.; Consideration of waiver of statutory first option to purchase state XVI. Presentation from commission representative to IFSAC con- agency land, formerly Tx. National Research Laboratory Commission cerning organizational purpose, function, and objectives. Land, Ellis Co.; Closed and Open Session — consideration and approval of exchange of Permanent School Fund property for Calhoun XVII. Discussion, possible action relating to recommendations for County Navigation District Property; Closed and Open Session — appointment to the Testing Committee. consideration and approval of third take-down of Alta Vista Expo XVIII. Discussion, possible action on request from Commissioner Partnership, Ltd. under option contract to purchase the Smith School Marvin Dawson to reconsider designation of commission representa- tract, approximately 31.77 acres, Santiago del Valle Grant, Travis tive to IFSAC. County, Texas; Closed and Open Session — status report, review, consideration and approval of pending proposals to lease/sell the XIX. Matters referred from the Fire Fighter Advisory Committee. 1st and Trinity tract, Austin, Travis Co., Tx.; Closed and Open XX. Discussion, possible action on reports from staff on status of Session — status report and review of pending lease and development revisions to National Fire Protection Association Standards pertaining proposals, Riverwalk tract, San Antonio, Bexar Co., Tx. Closed and to NFPA 1981, NFPA 1500, NFPA 1971–1977 and NFPA 1001. Open Session — consideration of proposed settlement agreement with certain defendants, Cause 97–12328, State v. Langdon et al; Closed XXI. Discussion, possible action on acceptance of gifts to the and Open Session — status report on underpayment claims at issue commission with a value in excess of $500.00. in Cause #9713874, TransTexas Gas Corp. v. Texas General Land XXII. Discussion, possible action on individual requests for waiver of Office, v. TransTexas Gas Corp., Conoco, Inc., and First Union Bank late fees or examination requirements pursuant to Government Code, of Connecticut; Closed Session and Open Session — status report on §419.034(e). State of Texas et al v. Amoco Production Company, et al Cause #95– 08680, 345th Judicial District Court, Travis Co., Texas; Closed and XXIII. New matters from the public which may be discussed in future Open Session-pending or contemplated litigation; and/or settlement commission meetings. offers. XXIV. Discuss, possible action on future meeting dates. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, Contact: Joyce Spencer, 12675 Research Boulevard, Austin, Texas Austin, Texas 78701, (512) 463–5016 78759, (512) 918–7189. Filed: March 30, 1998, 4:28 p.m. Filed: March 26, 1998, 9:31 a.m. TRD-9804477 TRD-9804324 ♦♦♦ ♦♦♦ Tuesday, April 7, 1998, 3:00 p.m. General Land Office Stephen F. Austin Building, 1700 North Congress Avenue, Suite 831 Tuesday, April 7, 1998, 10:00 a.m. Austin Stephen F. Austin Building, 1700 North Congress Avenue, Rooms Veterans Board 118, 119 and 831 AGENDA: Austin Approval of previous board meeting minutes; Consideration of School Land Board forteiture action on Veterans Loan Board delinquent land loans; AGENDA: consideration of foreiture action on Veterans Land Board land loans with tax suits; Authorization of a schedule to review and update Approval of previous board meeting minutes; Open and Closed Veterans Land board rules, A. Consideration and adoption of a plan Session — opening and consideration of bids received on April 7, to review rules for the VHAP/VHIP and descriptions and Land 1998 sealed bid land sale of Paseo del Este, El Paso County, and/ Program (40 TAC, §§175 and 177), and B: Authorization to file or discussion of Paseo del Este, El Paso County, Texas; Opening descriptions and notices relating to said plan as required by §167 and consideration of bids received for the April 7, 1998 oil, gas of the 1997 Appropriations Act; Consideration and approval of and other minerals lease sale; lease suspension application and Request for Information for the construction management oversight pooling application, Bird Island, SW (Frio D), Kleberg Co.; pooling representative of a skilled nursing care facility for Texas Veterans’ applications, Cuba Libre (3rd Hinnant), Webb Co.; Wildcat field, Homes; staff reports. Orange Co.; Giddings (Austin Chalk, Gas), Fayette Co.; Rincon North (7300’-Vicksburg Sand) and Rincon North (Lizard), Starr Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, Co.; Cowtrap Field, Brazoria and Matagorda Cos; consideration of Austin, Texas 78701, (512) 463–5016 schedule and procedures for the October 6, 1998 oil, gas and other Filed: March 30, 1998, 4:35 p.m. minerals lease sale; direct land sales, File 152425, Taylor Co., and file TRD-9804478 MIL-5642–P, Bosque Co.; consideration and approval of tracts, terms ♦♦♦ and conditions for sealed bid sale on June 16, 1998; Coastal public lands, easement applications, renewals, and amendments, Carancahua Texas Department of Health

OPEN MEETINGS April 10, 1998 23 TexReg 3725 Friday, April 3, 1998, 8:00 a.m. language governing orthotics and prosthetics regulation drafted by staff; items assigned to board members; other matters not requiring Moreton Building, Room M-653, Texas Department of Health, 1100 board action; and public comment. West 49th Street For ADA accommodation, contact Suzzanna C. Currier, ADA Austin Coordinator in the Office of Civil Rights at (512) 458–7627 or TDD Insurance Reimbursement Subcommittee of the Osteoporosis Advi- at (512) 458–7708 at least four days prior to the meeting. sory Committee Contact: Donna Flippin or Steven Lowenstein, 1100 West 49th Street, AGENDA: Austin, Texas 78756, (512) 834–4520. Filed: March 30, 1998, 8.00 a.m. The subcommittee will meet to discuss and possibly act on: assessing the grass roots compliance of Senate Bill 606 for reimbursement for TRD-9804422 bone density testing; interpretation of the law; what action is available ♦♦♦ to individuals who are being denied reimbursement; the view of the medical doctor; effects of long-term health in the elderly; impact Thursday, April 9, 1998, 1:30 p.m. on the state budget and personal elderly health care costs; insurance Exchange Building, Room N-218, Texas Department of Health, 8407 protocols and procedures; summary statement; and preparation of an Wall Street agenda for the May 29, 1998 meeting of the subcommittee. Austin For ADA , contact Suzzanna C. Currier, ADA Coordinator in the Office of Civil Rights at (512) 458–7627 or TDD at (512) 458–7708 Texas Board of Orthotics and Prosthetics at least four days prior to the meeting. AGENDA: Contact: Anne E. Williamson, 1100 West 49th Street, Austin, Texas 78756, (512) 458–7324. The board will introduce members, guests, and staff and will discuss Filed: March 26, 1998, 2:16 p.m. and possibly act on: drafting of rule language relating to the regulation of orthotics and prosthetics implementing Senate Bill 291, TRD-9804341 75th Texas Legislature, 1997; other matters not requiring board ♦♦♦ action; public comment; and setting future agenda items for meetings of the board. Friday, April 3, 1998, 9:30 a.m. For ADA accommodation, contact Suzzanna C. Currier, ADA Moreton Building, Room M-653, Texas Department of Health, 1100 Coordinator in the Office of Civil Rights at (512) 458–7627 or TDD West 49th Street at (512) 458–7708 at least four days prior to the meeting. Austin Contact: Donna Flippin or Steven Lowenstein, 1100 West 49th Street, Austin, Texas 78756, (512) 834–4520. Osteoporosis Advisory Committee Filed: March 30, 1998, 8.00 a.m. AGENDA: TRD-9804423 The committee will meet to discuss and possibly act on: a review of ♦♦♦ the agenda; approval of the minutes of the January 9, 1998 meting; Advisory committee member updates; summit update; fundraising Thursday, April 16, 1998, 9:00 a.m. update; customized print bid material update; report to the Texas Conference Room 2.11, One Technology Center, 2201 Donley Drive Board of Health; appropriations/budget update; public comments/ announcements; development of the agenda for the next advisory Austin committee meeting; and an evaluation of this meeting. Device Distributors and Manufacturers Advisory Committee For ADA accommodation, contact Suzzanna C. Currier, ADA AGENDA: Coordinator in the Office of Civil Rights at (512) 458–7627 or TDD at (512) 458–7708 at least four days prior to the meeting. The committee will discuss and possibly act on: committee member and Texas Department of Health (department) staff introductions; Contact: Anne E. Williamson, 1100 West 49th Street, Austin, Texas 78756, (512) 458–7324. election of Advisory Committee officers; current developments Filed: March 26, 1998, 2:16 p.m. in department device programs; and proposed rules for device distributors and manufacturers (25 TAC, Chapter 229). TRD-9804342 For ADA accommodation, contact Suzzanna C. Currier, ADA ♦♦♦ Coordinator in the Office of Civil Rights at (512) 458–7627 or TDD Thursday, April 9, 1998, 10:00 a.m. at (512) 458–7708 at least four days prior to the meeting. Contact: Tom Brinck, 1100 West 49th Street, Austin, Texas 78756, Exchange Building, Room N-218, Texas Department of Health, 8407 (512) 719–0237. Wall Street Filed: March 27, 1998, 10:28 a.m. Austin TRD-9804397 Texas Board of Orthotics and Prosthetics Rules Workshop ♦♦♦ AGENDA: Texas Health Care Information Council The board will introduce members, guests, and staff and will discuss and possibly act on: review of definitions; review of possible rule Tuesday, April 7, 1998, 1:00 p.m.

23 TexReg 3726 April 10, 1998 Texas Register Brown-Heatly Building, 4900 North Lamar, Room 3501 Universities Committee ** Austin REVISED AGENDA: Quality Methods and Consumer Education Technical Advisory Com- Review the proposal for a new doctoral program in Educational mittee Leadership. AGENDA: ** Original filing was incorrectly named the Campus Planning Committee. The Texas Health Care Information Council will convene in open session, deliberate, and possibly take formal action on the following Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas items: Call to order; Discussion of minutes of the March 3, 1998 78711, (512) 483–6101. TAC meeting; Recommendations relating to Consumer Education Filed: March 27, 1998, 10:59 a.m. planning for hospital discharge and HMO/HEDIS data, regarding TRD-9804402 report formats, time lines and proposed budgets; Development of methodology to apply to the Provider Quality Data file; Public ♦♦♦ comments; Set next meeting date, if change is required; and Adjourn. Monday, April 13, 1998, 1:00 p.m. Contact: Jim Loyd, 4900 North Lamar OOL-3407, Austin, Texas 78751, (512) 424–6490. Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Filed: March 30, 1998, 4:09 p.m. Chase Drive TRD-9804469 Austin ♦♦♦ Joint Advisory Committee- Coordinating Board/State Board of Edu- cation / State Board for Educator Certification/Texas Workforce Com- Texas Healthy Kids Corporation (“THKC”) mission / Texas Council on Workforce and Economic Competitiveness Friday, April 17, 1998, 9:30 a.m. REVISED AGENDA: Brown-Heatly Building, 4900 North Lamar, Room 1410 Approval of minutes from November 13, 1997 meeting. Texas Council on Workforce and Economic Competitiveness- David Daniel Austin introduces Will Reece, new Executive Director of the Council. Board of Directors Texas Workforce Commission — Overview of Current Issues — Commissioner Diane Rath. SBEC Report on the Current Status of AGENDA: Certified Teachers in Texas Public School Classrooms and THECB In accordance with the Texas Government Code, §2155.076, THKC Initiatives for Improving Teacher Preparation— SBEC Director, Dr. is developing, and will adopt, protest procedures for resolving vendor Mark Littleton and the THECB Assistant Commissioner, Dr. Bill protests relating to purchasing issues. On Friday, April 17, 1998, at Sanford. The TAMU/TEA Partnership for Texas Public Schools the time and place set forth above, the THKC Board of Directors will — Commissioner of Education, Dr. Mike Moses and Associate meet to deliberate regarding and consider adoption of Protest rules and Commissioner for School and University Initiatives, Dr. Bill Relating to Purchasing Procedures and Awards (“Rules”), which will Reaves. Reauthorization of the Higher Education Act- Sharon Cobb, be proposed by the THKC Staff. THE THKC Board will accept Assistant Commission for Student Services, THECB and Lynette public comment on the proposed rules at the hearing. Copies of the Heckmann, THECB staff. Update of K-12 Curriculum Requirements full text of the proposed rules are available at the offices of THKC, — TEA Associate Commissioner for Curriculum, Assessment, and Brown-Heatly Building, 4900 North Lamar, Fourth Floor, Austin, Teaching- Ann Smisko, Review of Fordham Foundation Report Texas. To request copies of the proposed rules or information relating — TEA Associate Commissioner for Curriculum, Assessment, and to the proposed rules, please contact THKC at (512) 424–6565, via Teaching- Ann Smisko. Report on State Strategies that Support fax at 424–6591, or via mail at P.O. Box 1506, Austin, Texas 78767– Successful Student Transitions from Secondary to Postsecondary 1506. Interested persons also may provide written comments on the Education — Julie Leidig, THECB staff. proposed rules on or before April 16, 1998 at the above address or Contact: Sarah Burkhalter, P.O. Box 12788, Capitol Station, Austin, fax number. Texas 78711, (512) 483–6220. Persons with disabilities who require auxiliary aids, services, or Filed: March 31, 1998, 11:10 a.m. materials in alternate format, please contact THKC at least 3 business TRD-9804504 days before the meeting. ♦♦♦ Contact: Charles B. Cliett, Jr., 4900 North Lamar, Fourth Floor, Austin, Texas 78751,(512) 424–6565. Wednesday, April 22, 1998, 3:00 p.m. Filed: March 30, 1998, 4:25 p.m. Chevy Chase Office Complex, Building 4, Room 4.100, 7715 Chevy TRD-9804475 Chase Drive ♦♦♦ Austin Texas Higher Education Coordinating Board Universities Committee Wednesday, April 8, 1998, 12:00 p.m. AGENDA: University of Texas at San Antonio, JTL Building 40410, 6900 North Staff will present committee members with an opportunity to review lLoop 1604 West San Antonio Street at length some of the more complex and controversial items on the committee’s April Board Meeting agenda. Staff and institutional San Antonio representatives will be available to respond to members’ questions.

OPEN MEETINGS April 10, 1998 23 TexReg 3727 Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas AGENDA: 78711, (512) 483–6101. Filed: March 25, 1998, 4:55 p.m. Consideration of matters relating to community and technical col- leges. TRD-9804311 Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas ♦♦♦ 78711, (512) 483–6101. Filed: April 1, 1998, 11:11 a.m. Thursday, April 23, 1998, 8:30 a.m. TRD-9804570 Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Chase Drive ♦♦♦ Austin Thursday, April 23, 1998, 11:45 a.m. Student Services Committee Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Chase Drive AGENDA: Austin Consideration of matters relating to student services. (See full agenda, filed with the Secretary of State’s office). Access and Equity Committee Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas AGENDA: 78711, (512) 483–6101. Filed: April 1, 1998, 10:50 a.m. Report on efforts at the University of Texas Medical Branch at Galveston to recruit, retain and graduate minority medical students; TRD-9804556 Report on Initiatives to develop post—Hopwood policies for access ♦♦♦ and equity in higher education in Texas; Report on steps to carry out House Bill 2146, 75th Legislature, requiring the Coordinating Board Thursday, April 23, 1998, 9:15 a.m. to complete a study of the effects of the Hopwood Decision and institutional actions on minority participation in higher education; and Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Recognition of Dr. Karan Watson from Texas A&M University for Chase Drive her receipt of the 1997 Presidential Award for Excellence in Science, Austin Mathematics, and Engineering Mentoring. Administration and Financial Planning Committee Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas 78711, (512) 483–6101. AGENDA: Filed: April 1, 1998, 11:11 a.m. Consideration of matters relating to administration and financial TRD-9804571 planning. (See full agenda, filed with the Secretary of State’s office). ♦♦♦ Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas 78711, (512) 483–6101. Thursday, April 23, 1998, 1:00 p.m. Filed: April 1, 1998, 11:01 a.m. Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy TRD-9804557 Chase Drive ♦♦♦ Austin Thursday, April 23, 1998, 10:00 a.m. Special Committee to Study the Higher Education Needs in Central Texas North of Austin Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Chase Drive AGENDA: Austin Consideration of report of the Special Committee to Study the Higher Education Needs in Central Texas North of Austin Universities Committee Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas AGENDA: 78711, (512) 483–6101. Consideration of matters relating to universities. Filed: April 1, 1998, 11:11 a.m. Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas TRD-9804572 78711, (512) 483–6101. ♦♦♦ Filed: April 1, 1998, 11:02 a.m. TRD-9804558 Thursday, April 23, 1998, 1:30 p.m. ♦♦♦ Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Chase Drive Thursday, April 23, 1998, 11:00 a.m. Austin Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Health Affairs Committee Chase Drive AGENDA: Austin Consideration of matters relating to health affairs. Community and Technical Colleges Committee

23 TexReg 3728 April 10, 1998 Texas Register Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas Friday, April 24, 1998, 8:30 a.m. 78711, (512) 483–6101. Filed: April 1, 1998, 11:21 a.m. Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Chase Drive TRD-9804575 ♦♦♦ Austin Coordinating Board Meeting Thursday, April 23, 1998, 2:15 p.m. AGENDA: Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Approval of Minutes of January 23, 1998 meeting; Consideration Chase Drive of matters relating to the Committee on Student Services; the Com- Austin mittee on Administration and financial Planning; the Committee on Universities; the Committee on Community and Technical Colleges; Joint Advisory Committee, Coordinating Board/ State Board of Ed- the Committee on Access and Equity; the Special Committee to Study ucation / State Board for Education Certification / Texas Workforce the Higher Education Needs in Central Texas North of Austin; the Commission / Texas Council on Workforce and Economic Competi- Education/State Board for Educator Certification / Texas Workforce tiveness Commission/Texas Council on Workforce and Economic Competi- AGENDA: tiveness; the Committee on Campus Planning; the Committee on Research; and Reports to the Board. See full agenda filed with the Report on the April 1998 meeting of the Joint Advisory Committee. office of the Secretary of State. Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas 78711, (512) 483–6101. 78711, (512) 483–6101. Filed: April 1, 1998, 11:11 p.m. Filed: April 1, 1998, 11:40 a.m. TRD-9804573 TRD-9804579 ♦♦♦ ♦♦♦ Thursday, April 23, 1998, 2:30 p.m. Texas Commission on Human Rights Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Chase Drive Thursday, April 9, 1998, 9:00 a.m. Austin Texas Commission on Human Rights’ Offices, 6330 Highway 290 East, Third Floor Conference Room Campus Planning Committee Austin AGENDA: AGENDA: Consideration of matters relating to campus planning. Executive Session/Commissioner Panels Pursuant Tex. Gov’t. Code Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas §551.071; Item(s) Covered in Executive Session; Welcoming of 78711, (512) 483–6101. Guests; Minutes; Administrative Reports; Policies Based on motions Filed: April 1, 1998, 11:32 a.m. Adopted at 02/26/98 Meeting; Appointment of Subcommittee for TRD-9804578 Executive Director’s Evaluation; Housing and Employment Rules; ♦♦♦ Affirmative Marketing Plan; Alternative Dispute Resolution Training; EEOC/FEPA Annual Policy Conference; Hearing for the Senate Thursday, April 23, 1998, 3:30 p.m. Interim Committee on Housing; Annual EEO Law Conference; Senate Interim Committee on Affirmative Action; Preparation of the Chevy Chase Office Complex, Building 1, Room 1.100, 7700 Chevy Commission’s New Strategic Plan; Human Resource Task Force; Chase Drive Meeting with HUD Associate General Counsel and Fair Housing Austin Advisory Groups; Conciliation Agreement signed by HUD and the Commission with Temple-Inland Mortgage Corp.; Commission’s Research Committee Affirmative Action Plan; Policies and Related Actions on Air Quality; AGENDA: HUD NOFA concerning Fair Housing Service Center Grant for East Texas; EEO Riders; EEO Compliance Training; Commissioner Consideration of a report on research and other sponsored projects Correspondence; Commissioner Issues; Unfinished Business. All expenditures at Texas public universities and health-related institu- items on the Agenda May Be Subject to a Vote, if Appropriate. tions during Fiscal Year 1997; and Consideration of authorizing the Commissioner to make grants under the Advanced Research Program Contact: William M. Hale, P.O. Box 13493, Austin, Texas 78711, (512) and Advanced Technology Program from funds previously allocated 437–3450. by the Board and returned by institutions. Filed: April 1, 1998, 9:09 a.m. TRD-9804539 Contact: Don Brown, P.O. Box 12788, Capitol Station, Austin, Texas 78711, (512) 483–6101. ♦♦♦ Filed: April 27, 1998, 11:40 a.m. TRD-9804580 Texas Department of Insurance (“TDI”) ♦♦♦ Thursday, April 2, 1998, 10:00 a.m.

OPEN MEETINGS April 10, 1998 23 TexReg 3729 William P. Hobby Jr. State Office Building, 333 Guadalupe Street, coverage of roofs for residential property on an actual cash value Tower 1, Room 100 basis rather than the current replacement cost basis provided in Texas homeowners policies. This is an information-gathering hearing which Austin is being held for the purpose of soliciting input on the possible use AGENDA: of actual cash value coverage for residential roofs and to provide all interested parties with the opportunity to comment on the pros and Docket No. 2337: Consideration of the approval of the adoption cons of such coverage. All interested parties, including members of of amendments to Endorsement WC 42 03 04– “Texas Waiver of the general public, are invited to attend and provide comments and Our Right to Recover From Others Endorsement” as contained in recommendations. the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers’ Compensation and Employers’ Liability Currently, the HO-B and HO-C homeowners policies provide replace- Insurance. The proposed changes specify that the existence of a ment cost coverage for residential roofs, i.e., what the homeowner waiver of subrogation endorsement waives only the claim for past would pay to replace or repair the roof based on current construction benefits paid, not its right to a statutory credit. This action is taken costs. The Texas Legislature amended Article 5.35 of the Insurance pursuant to Article 5.56, 5.57, and 5.96. (Reference No. W-1297– Code (Acts 1997, 75th Leg., ch. 1330, §13, eff. Sept. 1, 1997) to 42) (MOORE) authorize the Commissioner to approve endorsements to the HO-B Contact: Sylvia Gutierrez, 333 Guadalupe Street, Austin, Texas and HO-C policy forms, as well as other policy forms of national 78711, (512) 463–6327. insurers or national organization of insurance companies currently Filed: March 25, 1998, 4:40 p.m. provided under the HO-B and HO-C homeowners policy forms. As a result, some insurers have filed to provide actual cash value coverage TRD-9804310 for residential roofs in lieu of the current replacement cost coverage. ♦♦♦ The Commissioner has not yet acted on any of these filings. No specific filing is being considered in this hearing, but the information Wednesday, April 8, 1998, 9:30 a.m. obtained may be used in considering the Commissioner’s action on 333 Guadalupe Street, Room 102 these filings. Austin This hearing is held pursuant to the Insurance Code, Articles 1.04C, and 5.35. Article 1.04C requires the Commissioner to provide AGENDA: the public with a reasonable opportunity to appear before the Discussion of streamlining and consolidation of license types includ- Commissioner and to speak on any issue under the jurisdiction of the ing a discussion to consolidate all current Group I and Group II Life/ Commissioner. Article 5.35 authorizes the Commissioner to adopt Accident and Health licenses into one new license type. Discussion or approve policy forms and endorsements for residential property of the possible inclusion of the 02–08 license type, Property and Ca- insurance in Texas. sualty Agent Selling Accident and Health, in the consolidated Life/ Anyone wishing to comment on this matter is requested to complete Accident and Health license. Discussion of the requirements of life/ a witness care which will be available at the hearing site immediately accident and health licenses including who should be licensed and prior to the hearing. what licensing requirements should be imposed. Deliberation of reg- Contact: Sylvia Gutierrez, 333 Guadalupe Street, Austin, Texas ulatory, market and consumer protection issues relating to licensing 78711, (512) 463–6327. criteria. Discussion of the National Association of Insurance Com- Filed: March 31, 1998, 4:33 p.m. missioners’ Agents and Brokers Licensing Model Act including the Limited Insurance Representative License type. Presentations from TRD-9804529 members of the insurance industry relating to the licensing of Atents ♦♦♦ for Stipulated Premium Companies, persons selling Credit Insurance and the use and issuance of Temporary Licenses. Discussion of Non- Friday, April 17, 1998, 9:00 a.m. Resident licensing issues including a discussion of the National Asso- Nessler Center, 2010 Fifth Avenue North, Sorf. Rm. ciation of Insurance commissioners’ Uniform Treatment proposal and issues of uniformity among states. Time for public comment. De- Austin liberation and possible action regarding timelines, future meetings, AGENDA: other administrative or procedural matters. Contact: Bill Elkjer, 333 Guadalupe Street, Austin, Texas 78711, (512) 454–98–0157.E; Hearing in the Matter of the Appeal by Cheryl Kutra 305–8197. for SEASIDE VILLAGE APARTMENTS from a decision of the Filed: March 31, 1998, 9:58 a.m. Texas Windstorm Insurance Association. TRD-9804495 Contact: Bernice Ross, 333 Guadalupe Street, Mail Code 113–2A, Austin, Texas 78711, (512) 463–6328. ♦♦♦ Filed: April 1, 1998, 8:06 a.m. Thursday, April 9, 1998, 2:00 p.m. TRD-9804532 William P. Hobby Jr. State Office Building, 333 Guadalupe Street, ♦♦♦ Tower 1, Room 100 Wednesday, April 22, 1998, 9:30 a.m. Austin 333 Guadalupe Street, Room 102 AGENDA: Austin Docket No. 2352 to hear public testimony from insurers, agents, consumers, mortgage lenders, and any other interested parties on the

23 TexReg 3730 April 10, 1998 Texas Register Life and Health Working Group of the Advisory Committee for the Contact: , Bill Elkjer, 333 Guadalupe Street, Austin, Texas 78711, Interim Study for Agents and Agents’ Licensing Statutes. (512) 305–8197. Filed: April 1, 1998, 12:03 p.m. AGENDA: TRD-9804586 Discussion of streamlining and consolidation of license types includ- ing a discussion to consolidate all current Group I and Group II Life/ ♦♦♦ Accident and Health licenses into one new license type. Discussion of the possible inclusion of the 02–08 license type, Property & Ca- Board of Law Examiners sualty Agent Selling Accident and Health, in the consolidated Life/ Friday, April 17, 1998, Noon Accident & Health License. Discussion of the requirements of life/ accident and health licenses including who should be licensed and Suite 500, Tom C. Clark, 205 West 14th Street what licensing requirements should be imposed. Deliberation of reg- Austin ulatory, market and consumer protection issues relating to licensing criteria. Discussion of the National Association of Insurance Com- MPT Item Selection Committee missioners’ Agents and Brokers Licensing Model Act including the AGENDA: Limited Insurance Representative License type. Presentation from members of Fraternal Benefit Societies relating to licensing of those Review and select (in executive session pursuant to §82.003(b), Texas groups. Discussion of the marketing of insurance products including Government Code) the Multistate Performance Texas item to be electronic marketing on the Internet and telemarketing. Time for pub- included on the July 1998 Texas Bar Examination. lic comment. Deliberation and possible action regarding timelines, Contact: Rachael Martin, P.O. Box 13486, Austin, Texas 78711–3486, future meetings, other administrative or procedural matters. (512) 463–1621. Contact: Bill Elkjer, 333 Guadalupe Street, Austin, Texas 78711, (512) Filed: March 26, 1998, 9:31 a.m. 305–8197. TRD-9804322 Filed: April 1, 1998, 12:03 p.m. ♦♦♦ TRD-9804585 ♦♦♦ Texas Legislative Reference Library Thursday, April 9, 1998, 9:00 a.m. Friday, April 24, 1998, 9:30 a.m. Lt. Governor’s Committee Room, Capitol, Second Floor, East Wing 333 Guadalupe Street, Tower 1, Room 100 Austin Austin AGENDA: Property and Casualty Working Group of the Advisory Committee for the Interim Study for Agents and Agents’ Licensing Statutes 1. Call to order AGENDA: 2. Hiring of new Executive Director Deliberation and possible action regarding the streamlining and 3. Ratification of adoption of sick leave policy consolidation of license types including: 4. Delegation of authority for expenditure approval and processing 1. Deliberation and possible action regarding the consolidation of of vouchers for payment current Group II agents, Agriculture Agents, Local Recording Agent- 5. Other business Motor Vehicle Only Agents, Solicitors for Local Recording Agents, Full-time Home Office Salaried Employees, Pre-Paid Legal Services 6. Adjourn Agents and Property/Casualty Risk Manager licenses into one Prop- Contact: Nancy Quesada, P.O. Box 12488, Austin, Texas 78711, (512) erty & Casualty “all lines” license type. 463–1252. 2. Deliberation and possible action regarding consolidation of current Filed: April 1, 1998, 11:26 a.m. adjuster licenses into one “all lines” adjuster license. TRD-9804576 Discussion of the licensing requirements for Property and Casualty ♦♦♦ licenses including who should be licensed and what licensing re- quirements should be imposed. Deliberation of regulatory, market Texas Department of Licensing and Regulation and consumer protection issues relating to licensing criteria. Deliber- Tuesday, April 7, 1998, 9:00 a.m. ation of Non-Resident licensing issues including the National Associ- ation of Insurance Commissioners’ Uniform Treatment proposal and 920 Colorado, E.O. Thompson Building, First Floor, Room 108 issues of uniformity among states. Discussion of non-resident licens- Austin ing requirements for individual, corporate, and non-corporate entity licenses. Discussion of non-resident licensing reciprocity and retalia- Enforcement Division, Air Conditioning tory practices among states. Deliberation of the National Association AGENDA: of Insurance Commissioners’ Agents and Brokers Licensing Model Act. Discussion of Title Insurance licenses including the current According to the complete agenda, the Department will hold an Ad- statutory provisions for automatic forfeiture and voluntary surrender. ministrative Hearing to consider possible assessment of administra- Time for public comment. Deliberation and possible action regarding tive penalties against the Respondent, Ronnie Shuck, for perform- timelines, future meetings, other administrative or procedural matters. ing environmental air conditioning contracting without obtaining a license with an environmental air conditioning endorsement in viola-

OPEN MEETINGS April 10, 1998 23 TexReg 3731 tion TEX.REV.CIV.STAT.ANN. art. 8861 (the Act) §4(c); for using Austin his license to do work for a business other than the business listed as Consumer Protection Section, Auctioneering his business affiliation of his license in violation of 16 TAC §75.70(b); and for failing to provide the consumer proper installation, service, AGENDA: and mechanical integrity in violation TEX.REV.CIV.STAT.ANN. art. According to the complete agenda, the Department will hold an 8861 §5(a), pursuant to TEX. REV.CIV.STAT.ANN. art 8861 and Administrative Hearing to consider claims against the Auctioneer 9100 and 16 TAC ch. 60. Education and Recovery Fund by John Tanksley, A.T. Redditt, Contact: Rick Wootton, 920 Colorado, E. O. Thompson Building, Christine Walters, Jerry Carner, Nancy Gibson, Frank Little, Henry Austin, Texas 78701, (512) 463–3192. P. Singh, Philip Chiu, Will Gray, Mary Ann Andrew, and Henry Filed: March 27, 1998, 9:24 a.m. Shaw based upon the actions of the Auctioneer Donald Ham, TRD-9804380 and determine the amounts due the aggrieved parties pursuant to TEX.REV.CIV.STAT. ANN. arts 8700 and 9100, TEX.GOV’T. CODE ♦♦♦ ch. 2001; and 16 TAC §60. Tuesday, April 7, 1998, 9:00 a.m. Contact: Rick Wootton, 920 Colorado, E. O. Thompson Building, Austin, Texas 78701, (512) 463–3192. 920 Colorado, E.O. Thompson Building, First Floor, Room 108 Filed: March 30, 1998, 2:41 p.m. Austin TRD-9804457 Enforcement Division, Air Conditioning ♦♦♦ AGENDA: Monday, April 13, 1998, 1:30 p.m. According to the complete agenda, the Department will hold an Ad- 920 Colorado, E.O. Thompson Building, Fourth Floor Conference ministrative Hearing to consider possible assessment of administra- Room tive penalties against the Respondent, John and Martha Chagolla, for performing air conditioning and/or refrigeration contracting without Austin obtaining the required license in violation TEX.REV.CIV.STAT.ANN. Air Conditioning and Refrigeration Contractors Advisory Board art. 8861 §3(B); and for failing to provide proper installation, service, and mechanical integrity in violation TEX.REV.CIV.STAT.ANN. art. AGENDA: 8861 §5(a), pursuant to TEX. REV.CIV.STAT.ANN. art 8861 and 1. Call to Order — Lee Rosenberg, Chairman 9100 the TEX. GOV’T. CODE ch. 2001 and 16 TAC ch. 60. Contact: Rick Wootton, 920 Colorado, E. O. Thompson Building, 2. Record of Attendance — Jimmy Martin, Secretary Austin, Texas 78701, (512) 463–3192. 3. Adoption of Agenda Filed: March 27, 1998, 9:23 a.m. 4. Approval of Minutes of July 23, 1997 TRD-9804379 ♦♦♦ 5. Public Comment 6. Staff Reports Tuesday, April 7, 1998, 9:00 a.m. A. Rules and Enforcement — Pauline Denson 920 Colorado, E.O. Thompson Building, First Floor, Room 108 B. Exams Given and Licenses Issues — Licensing Section Austin C. Administration — Jimmy Martin Enforcement Division, Air Conditioning 7. Old Business AGENDA: A. Proposed rules to implement HB2025 concerning sale of According to the complete agenda, the Department will hold an Ad- refrigerants-update ministrative Hearing to consider possible assessment of administrative penalties against the Respondent, Gary R. Schmitt, for performing air 8. New Business conditioning and/or refrigeration contracting without obtaining the re- A. Proposal to define “Repair work” and “Total replacement of the quired license in violation TEX.REV.CIV.STAT.ANN. art. 8861 (the system” Act) §3(B); and for failing to provide proper installation, service, and mechanical integrity in violation TEX.REV.CIV.STAT.ANN. art. B. Proposed changes to Rule §75.21, Licensing Requirements- 8861 §5(a), pursuant to TEX. REV.CIV.STAT.ANN. art 8861 and Examinations 9100 the TEX. GOV’T. CODE ch. 2001 and 16 TAC ch. 60. C. Proposed changes to Rule §75.23, Temporary Licenses Contact: Rick Wootton, 920 Colorado, E. O. Thompson Building, D. Proposed changes to Rule §75.26, Certificate of Registration Austin, Texas 78701, (512) 463–3192. Filed: March 27, 1998, 9:23 a.m. E. Proposed changes to Rule §75.60, Responsibilities of the Department-Exams TRD-9804378 ♦♦♦ F. Proposed changes to Rule §75.70, Responsibilities of the License Holder Wednesday, April 8, 1998, 9:00 a.m. G. Proposed changes to Rule §75.80, Fees 920 Colorado, E.O. Thompson Building, First Floor, Room 108 H. Request for clarification and recommendations for possible changes to Rule §75.100(c)(1), Fuel Gas Piping

23 TexReg 3732 April 10, 1998 Texas Register I. Proposed changes to Rule §75.100(c)(2), Drain Piping 7. Adjournment J. Proposed changes to Rule §75.100(d), Duct Cleaning Persons who plan to attend this meeting and require ADA assistance are requested to contact Barbara Stoll at (512) 475–2858 at least two 9. Next Meeting working days prior to the meeting so that appropriate arrangements 10. Adjournment can be made. Persons who plan to attend this meeting and require ADA assistance Contact: George Bynog, 920 Colorado, E. O. Thompson Building, are requested to contact Barbara Stoll at (512) 475–2858 at least two Austin, Texas 78711, (512) 475–7365. working days prior to the meeting so that appropriate arrangements Filed: March 31, 1998, 11:10 a.m. can be made. TRD-9804500 Contact: George Bynog, 920 Colorado, Austin, Texas 78711, (512) ♦♦♦ 463–7365. Filed: March 31, 1998, 11:10 a.m. Thursday, April 23, 1998, 9:30 a.m. TRD-9804503 920 Colorado, E.O. Thompson Building, Fourth Floor Conference ♦♦♦ Room Wednesday, April 22, 1998, 9:30 a.m. Austin Board of Boiler Rules 920 Colorado, E.O. Thompson Building, Second Floor Conference Room AGENDA: Austin 1. Call to Order — 9:30 a.m. — G. Bynog, Chairman Task Force on Hearing Inspection Intervals 2. Roll Call — B. Stoll, Secretary AGENDA: 3. Introduction of Visitors 1. Call to Order 4. Adoption of Agenda 2. Roll Call 5. Approval of Minutes of Meeting on September 23, 1997 3. Approval of Agenda 6. Administrative Report — G. Bynog, C. Perrin, B. Stoll, W. Wilkins 4. Approval of Minutes of November 5, 1997 7. Task Force Reports 5. Discussion a. Controls and Safety Devices for Automatically Fired boilers — E. Doe, Chairman 6. Next Meeting b. Nonwelded Boilers — G. Berry, Chairman 7. Adjournment c. Boiler Law Rewrite — E. Doe, Chairman Persons who plan to attend this meeting and require ADA assistance are requested to contact Barbara Stoll at (512) 475–2858 at least two d. Unfired Steam Boilers — J. Mitchell working days prior to the meeting so that appropriate arrangements e. Heating Boiler Inspection Intervals — G. Berry can be made. Contact: George Bynog, 920 Colorado, Austin, Texas 78711, (512) 8. New Business 463–7365. a. Gas Appliance Manufacturers Association (GAMA) — Presenta- Filed: March 31, 1998, 11:10 a.m. tion TRD-9804501 b. Proposed Rule Changes ♦♦♦ 9. Old Business Wednesday, April 22, 1998, 1:00 p.m. a. 1995 Edition of the NBIC- pending rule change 920 Colorado, E.O. Thompson Building, Second Floor Conference b. Hydrostatic Testing of Boilers Room c. Acceptance and Discontinuance of Insurance Coverage by Austin Location Task Force on Boiler Law Rewrite 10. Next Meeting AGENDA: 11. Adjournment 1. Call to Order Persons who plan to attend this meeting and require ADA assistance 2. Roll Call are requested to contact Barbara Stoll at (512) 475–2858 at least two working days prior to the meeting so that appropriate arrangements 3. Approval of Agenda can be made. 4. Approval of Minutes of March 6, 1998 Contact: George Bynog, 920 Colorado, Austin, Texas 78711, (512) 463–7365. 5. Discussion Filed: March 31, 1998, 11:10 a.m. 6. Next Meeting TRD-9804502

OPEN MEETINGS April 10, 1998 23 TexReg 3733 ♦♦♦ Filed: March 25, 1998, 3:25 p.m. Texas State Board of Medical Examiners TRD-9804303 ♦♦♦ Thursday, April 2, 1998, 9:00 a.m., Saturday April 4, 1998, 8:30 a.m. Thursday, April 2, 1998, 10:00 a.m. 333 Guadalupe Street, Tower 2, Suite 225 333 Guadalupe Street, Tower 3, Suite 610 Austin Austin Board Disciplinary Process Review Committee AGENDA: AGENDA: The agenda will include proposals for decision regarding Richard A. Call to Order McLaughlin, M.D., and Amin Jamal, M.D.; public hearing and con- sideration of the cancellation of licenses for nonpayment and by re- Roll Call quest; public hearing and consideration of final adoption of proposed Review, discussion and possible action regarding M. Ismail Barrada, rules published in the Texas Register; approval of orders; approval M.D.’s request pursuant to Rule 187.38(f) and 187.39(k) to permit of committee reports and minutes; executive director’s report; ap- an extension of time or time deferral to allow Dr. Barrada to make proval of April 1999 board meeting date; consideration, discussion, financial arrangements to pay an administrative penalty.* and possible action concerning the appointment of a representative to the Travis County Medical Society Ad Hoc Committee for Elec- Review, discussion, and possible action regarding the February and tronic Medical Records system; approval of Disciplinary Panels for March 1998 Enforcement Reports. April-June, 1998 and July-September, 1998. Review, discussion, and possible action concerning proposed report Executive session under the authority of the Open Meetings Act, regarding the FO-4 format and content utilized by investigators. §551.071 of the Government Code and the Medical Practice Act, Update, discussion, and possible action on Legal/Hearings Division Article 4495b, Texas Revised Civil Statutes, Article 4495b, §§2.07(b) tickler system. and 2.09(o), 3.05(d), and 3.081 and Attorney General Opinion H-484. Executive session to review selected files and cases recommended for Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– dismissal by Informal Settlement Conferences.* 2018; (512) 305–7016, fax: (512) 305–7008. Filed: March 25, 1998, 2:23 p.m. *Executive sessions under the authority of the Open Meetings Act, §551.071 of the Government Code as related to Article 4495b, TRD-9804296 §§2.07(b) and 4.05(c), 5.06(s)(1), and Attorney General Opinion ♦♦♦ 1974, No. H-484. Thursday, April 2, 1998, 10:00 a.m. Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– 2018; (512) 305–7016, fax: (512) 305–7008. 333 Guadalupe Street, Tower 2, Suite 225 Filed: March 25, 1998, 2:22 p.m. Austin TRD-9804285 Joint Meeting: Endorsement Committee and Examination Committee ♦♦♦ AGENDA: Thursday, April 2, 1998, 1:00 p.m. Call to Order and Roll Call 333 Guadalupe Street, Tower 3, Suite 610 Executive session under the authority of the Open Meetings Act, Austin §551.071 of the Government Code and Article 4495b, §§2.07(b) and 2.09(o), Texas Revised Civil Statutes to consult with counsel Examination Committee regarding pending or contemplated litigation. AGENDA: Letters of eligibility, §3.04(g)(3) of the Medical Practice Act. Call to Order Review of applications for licensure for a determination of eligibility Roll Call referred to the committee by the Executive Director Executive session under the authority of the Open Meetings Act, Letter from the Texas Medical Association regarding proposed §551.071 of the Government Code and Article 4495b, §§2.07(b) language for questions 14 and 15 of Form 94–G of the application and 2.09(o), Texas Revised Civil Statutes to consult with counsel for licensure in Texas regarding pending or contemplated litigation. USMLE Step 3 administration by the Federation of State Medical Review of licensure applicants Boards Review of licensure applicants from the previous meeting Executive sessions under the authority of the Open Meetings Act, §551.071 of the Government Code and Article 4495b, §§2.07(b) and Review of the December 1997 USMLE Step 3 and Texas Medical 2.09(o), Texas Revised Civil Statutes, and the Medical Practice Act, Jurisprudence examination results Article 4495b, §3.081, Texas Revised Civil Statutes. Review of examination applicants complete for consideration of Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– licensure 2018; (512) 305–7016, fax: (512) 305–7008.

23 TexReg 3734 April 10, 1998 Texas Register Adjourn Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– 2018; (512) 305–7016, fax: (512) 305–7008. Executive sessions under the authority of the Open Meetings Act, Filed: March 25, 1998, 2:22 p.m. §551.071 of the Government Code and Article 4495b, §§2.07(b) and 2.09(o), Texas Revised Civil Statutes, and the Medical Practice Act, TRD-9804287 Article 4495b, §3.081, Texas Revised Civil Statutes. ♦♦♦ Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– 2018; (512) 305–7016, fax: (512) 305–7008. Friday, April 3, 1998, 9:15 a.m. Filed: March 25, 1998, 3:25 p.m. 333 Guadalupe Street, Tower 2, Suite 225 TRD-9804304 Austin ♦♦♦ Standing Orders Committee Thursday, April 2, 1998, 1:00 p.m. AGENDA: 333 Guadalupe Street, Tower 2, Suite 225 1. Call to Order Austin 2. Roll Call Endorsement Committee 3. Discussion, recommendation and possible action regarding Board AGENDA: rules relating to emergency medical services. Call to Order and 4. Adjourn Roll Call Executive sessions under the authority of the Open Meetings Act, §551.071 of the Government Code and Article 4495b, §§2.07(b) and Executive session under the authority of the Open Meetings Act, 2.09(o), Texas Revised Civil Statutes. and the Medical Practice Act, §551.071 of the Government Code and Article 4495b, §§2.07(b) Article 4495b, §3.081, Texas Revised Civil Statutes. and 2.09(o), Texas Revised Civil Statutes to consult with counsel Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– regarding pending or contemplated litigation. 2018; (512) 305–7016, fax: (512) 305–7008. Review of licensure applicants referred to the Endorsement Committe Filed: March 25, 1998, 3:25 p.m. by the Executive Director for determinations of eligibility for TRD-9804305 licensure ♦♦♦ Review of licensure applicants to be considered for permanent licensure by endorsement Friday, April 3, 1998, 10:00 a.m. Adjourn 333 Guadalupe Street, Tower 2, Suite 225 Executive sessions under the authority of the Open Meetings Act, Austin §551.071 of the Government Code and Article 4495b, §§2.07(b) and Ad Hoc Committee to Study Integrative and Complementary 2.09(o), Texas Revised Civil Statutes, and the Medical Practice Act, Medicine Article 4495b, §3.081, Texas Revised Civil Statutes. Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– AGENDA: 2018; (512) 305–7016, fax: (512) 305–7008. Call to Order Filed: March 25, 1998, 2:22 p.m. Roll Call TRD-9804286 Discussion, recommendation and possible action regarding rules and/ ♦♦♦ or guidelines concerning integrative and complementary medicine. Friday, April 3, 1998, 8:30 a.m. Adjourn 333 Guadalupe Street, Tower 2, Suite 225 Executive sessions under the authority of the Open Meetings Act, Austin §551.071 of the Government Code and Article 4495b, §§2.07(b) and 2.09(o), Texas Revised Civil Statutes. and the Medical Practice Act, Finance Committee Article 4495b, §3.081, Texas Revised Civil Statutes. AGENDA: Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– 2018; (512) 305–7016, fax: (512) 305–7008. Call to Order Filed: March 25, 1998, 2:22 p.m. Roll Call TRD-9804288 Discussion of the Board’s March 1998 Financial Statement. ♦♦♦ Adjourn Friday, April 3, 1998, 10:30 a.m. Executive sessions under the authority of the Open Meetings Act, 333 Guadalupe Street, Tower 2, Suite 225 §551.071 of the Government Code and Article 4495b, §§2.07(b) and 2.09(o), Texas Revised Civil Statutes,and the Medical Practice Act, Austin Article 4495b, §3.081, Texas Revised Civil Statutes.

OPEN MEETINGS April 10, 1998 23 TexReg 3735 Ad Hoc Committee to Study Pharmacist Immunizations under Proto- 1.Call to Order col 2. Roll Call AGENDA: 3. Report on completed medical school visits. Call to Order 4. Update on schedule of remaining visits. Roll Call 5. Adjourn. Discussion, recommendation and possible action regarding the devel- Executive sessions under the authority of the Open Meetings Act, opment of rules relating to pharmacist immunizations under protocol §551.071 of the Government Code and Article 4495b, §§2.07(b) and Adjourn 2.09(o), Texas Revised Civil Statutes, and the Medical Practice Act, Article 4495b, §3.081, Texas Revised Civil Statutes. Executive sessions under the authority of the Open Meetings Act, §551.071 of the Government Code and Article 4495b, §§2.07(b) and Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– 2.09(o), Texas Revised Civil Statute, and the Medical Practice Act, 2018; (512) 305–7016, fax: (512) 305–7008. Article 4495b, §3.081, Texas Revised Civil Statutes. Filed: March 25, 1998, 2:23 p.m. Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– TRD-9804291 2018; (512) 305–7016, fax: (512) 305–7008. ♦♦♦ Filed: March 25, 1998, 2:23 p.m. TRD-9804289 Friday, April 3, 1998, 1:30 p.m. ♦♦♦ 333 Guadalupe Street, Tower 3, Suite 610 Friday, April 3, 1998, 11:00 a.m. Austin Executive Committee 333 Guadalupe Street, Tower 2, Suite 225 AGENDA: Austin 1. Call to Order Public Information Committee 2. Roll Call AGENDA: 3. Request to return to active practice from retired status*; Jun Sheng 1. Call to Order Ma, M.D. and Lewis R. Thompson, Jr., M.D. 2. Roll Call 4. Executive session under the authority of the Open Meetings Act, 3. Discussion, recommendation and possible action on final copy for §551.071 of the Government Code to discuss personnel matters Spring 1998 newsletter. 5. Adjourn 4. Discussion, recommendation and possible action on creating Board Executive sessions under the authority of the Open Meetings Act, policy on physician abandonment/discharge. §551.071 of the Government Code and the Medical Practice Act, 5. Update on Board exhibit booth dates: Article 4495b, Texas Revised Civil Statutes. §§2.07(b) and 2.09(o), for private consultation and advice of counsel concerning litigation TMA, April 23–25, Austin Convention Center relative to possible disciplinary action. TOMA, June 18–20, Austin Renaissance Hotel Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– TCADA, 41st Annual Institute of Alcohol and Drug Studies, July 2018; (512) 305–7016, fax: (512) 305–7008. 26–Aug. 7, Austin Convention Center Filed: March 25, 1998, 2:23 p.m. 6. Adjourn. TRD-9804292 Executive sessions under the authority of the Open Meetings Act, ♦♦♦ §551.071 of the Government Code and Article 4495b, §§2.07(b) and Friday, April 3, 1998, 2:30 p.m. 2.09(o), Texas Revised Civil Statutes, and the Medical Practice Act, Article 4495b, §3.081, Texas Revised Civil Statutes. 333 Guadalupe Street, Tower 2, Suite 225 Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– Austin 2018; (512) 305–7016, fax: (512) 305–7008. Filed: March 25, 1998, 2:23 p.m. Ad Hoc Committee for Physicians in Training TRD-9804290 AGENDA: ♦♦♦ Call to Order Friday, April 3, 1998, 11:30 a.m. Roll Call Executive session under the authority of the Open Meetings Act, 333 Guadalupe Street, Tower 2, Suite 225 §551.071 of the Government Code and Article 4495b, §§2.07(b) Austin and 2.09(o), Texas Revised Civil Statutes to consult with counsel regarding pending or contemplated litigation. Medical School Committee AGENDA:

23 TexReg 3736 April 10, 1998 Texas Register Discussion, recommendation, and possible action for licensure of Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– residents in training. Possible dates for meeting with the deans of the 2018; (512) 305–7016, fax: (512) 305–7008. Texas medical schools and Directors of Graduate Medical Education. Filed: March 25, 1998, 2:23 p.m. Discussion, recommendation, and possible action on proposed rules TRD-9804295 for fellowship training programs in Texas. ♦♦♦ Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768– 2018; (512) 305–7016, fax: (512) 305–7008. Texas Natural Resource Conservation Commis- Filed: March 25, 1998, 2:23 p.m. sion TRD-9804293 Friday, April 3, 1998, 12:30 p.m. ♦♦♦ Room 4222, Building F, 12100 Park 35 Circle Friday, April 3, 1998, 3:00 p.m. Austin 333 Guadalupe Street, Tower 2, Suite 225 AGENDA: Austin The Commission will meet in closed session concerning appointment, Non-Profit Health Organizations Committee employment, evaluation, reassignment, duties, discipline or dismissal of the Commission’s Executive Director and to receive legal advice AGENDA: on agency options relating to delegation of the National Pollutant Call to Order Discharge Elimination System (NPDES) program. Roll Call Contact: Doug Kitts, 12100 Park 35 Circle, Austin, Texas 78753, (512) 239–3317. Consideration and possible action on applications for original certifi- Filed: March 26, 1998, 3:48 p.m. cation of non-profit health organizations. TRD-9804364 Consideration and possible action on biennial applications for recer- ♦♦♦ tification of non-profit health organizations. Consideration and possible action on compliance information for Wednesday, April 8, 1998, 8:30 A.M. continued certification of non-profit health organizations. Room 201S, Building E, 12100 Park 35 Circle Adjourn. Austin Executive session under the authority of the Open Meetings Act, AGENDA: §551.071 of the Government Code and Article 4495b, §§2.07(b) and 2.09(o), Texas Revised Civil Statutes to consult with counsel The Commission will consider the following item at 8:30 a.m.; Exec- regarding pending or contemplated litigation. utive Session. The Commission will consider approving the follow- ing matters: Hearing Requests; Temporary Authorization; Emergency Contact: Pat Wood, P.O. Box 2018, MC-901, Austin, Texas Order; Affirm, Modify, or Set Aside Emergency Order; District Mat- 7876802018; (512) 305–7016, fax: (512) 305–7008. ters; Public Water Supply Enforcement Agreed Orders; Public Water Filed: March 25, 1998, 2:23 p.m. Supply Enforcement Default Ordcr; Agricultural Enforcement Agreed TRD-9804294 Order; Municipal Solid Waste Enforcement Agreed Order; Air En- ♦♦♦ forcement Agreed Order; Municipal Waste Discharge Enforcement Agreed Orders; Industrial Hazardous Waste Enforcement Agreed Or- Friday, April 3, 1998, 3:30 p.m. der; Industrial Waste Discharge Enforcement Agreed Order; Waste- water Operator Certification Agreed Order; Petroleum Storage Tank 333 Guadalupe Street, Tower 2, Suite 225 Enforcement Agreed Order; Edwards Aquifer Enforcement Agreed Austin Order; Sludge Enforcement Agreed Order; Resolution; Rules; Exec- utive Session; the Commission will consider items previously posted Long Range Planning Committee for open meeting and at such meeting verbally postponed or contin- AGENDA: ued to this date. With regard to any item, the Commission may take various actions, including but not limited to rescheduling an item in Call to Order its entirety or for particular action at a future date or time. (Regis- Roll Call tration for 9:30 agenda starts 8:45 until 9:25). The Commission will consider the following matters at the 1:00 p.m. agenda; Motions for Discussion, recommendation and possible action related to long Reconsideration; Proposal for Decision; and a Water Rights Matter. range plans for the agency, including future programs and possible (Registration for 1:00 p.m. starts at 12:30 p.m.). legislative issues. Contact: Doug Kitts, 12100 Park 35 Circle, Austin, Texas 78753, (512) Adjourn. 239–3317. Executive sessions under the authority of the Open Meetings Act, Filed: March 30, 1998, 1:35 p.m. §551.071 of the Government Code and Article 4495b, §§2.07(b) and TRD-9804449 2.09(o), Texas Revised Civil Statutes, and the Medical Practice Act, ♦♦♦ Article 4495b, §3.081, Texas Revised Civil Statutes. Monday, April 13, 1998, 10:00 a.m.

OPEN MEETINGS April 10, 1998 23 TexReg 3737 Suite 1100, Stephen F. Austin Building, 1700 Congress Avenue Monday, April 20, 1998, 10:00 a.m. Austin Suite 1100, Stephen F. Austin Building, 1700 North Congress Avenue State Office of Administrative Hearings Austin AGENDA: State Office of Administrative Hearings SOAH Docket No. 582–98–0564; TNRCC Docket No. 97–0891– AGENDA: AGR-E; PEIT VAN RIJN; The purpose of the hearing will be to SOAH Docket No. 582–98–0584; TNRCC Docket No. 96–1043– consider the Executive Director’s Preliminary report and petition PST-E; SURJIT SINGH, JASBIR SINGH, BHUPINDER KAUR mailed November 3, 1997, concerning assessing administrative BAWA, AMARJIT SINGH, MARMINDER SINGH BAWA, AND penalties against and requiring certain actions of PEIT Van Rijn for SEEMA SONA, INC., d/b/a SONIC QUIXK STOP; The purpose of violation of Texas Water Code §26.121 and 30 TAC §321.33(d) and the hearing will be to consider the Executive Director’s Preliminary 321.37(a) in Hopkins County, Texas. report and petition mailed May 5, 1997, concerning assessing Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– administrative penalties against and requiring certain actions of 3087, (512) 239–6363. Surjit Singh, Jasbir Singh, Bhupinder Kaur Bawa, Amarjit Singh, Filed: March 26, 1998, 8:05 a.m. Marminder Singh Bawa, and Seema Sona, iNC., d/b/a/ Sonic Quixk TRD-9804312 Stop for violations in Harris County, Texas of 30 TAC §115.241. ♦♦♦ 115.249, and 334.7(d). Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– Tuesday, April 14, 1998, 10:00 a.m. 3087, (512) 239–6363. Filed: March 30, 1998, 4:40 p.m. 1700 North Congress Avenue, Suite 1100, Stephen F. Austin Building TRD-9804479 Austin ♦♦♦ State Office of Administrative Hearings Thursday, April 23, 1998, 10:00 a.m. AGENDA: Suite 1100, Stephen F. Austin Building, 1700 North Congress Avenue SOAH Docket No. 582–98–0565; TNRCC Docket No. 97–0229– IHW-E; MAX KUNZ; The purpose of the hearing will be to consider State Office of Administrative Hearings the Executive Director’s Preliminary report and petition mailed Austin November 24, 1997, concerning assessing administrative penalties against and requiring certain actions of Max Kunz for violation State Office of Administrating Hearings of Texas Water Code §26.121 and 30 TAC §335.4 and 335.62 in AGENDA: Montgomery County, Texas. Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– SOAH Docket No. 582–98–0564; TNRCC Docket No. 96– 3087, (512) 239–6363. 0818–PST-E; CHAPPELL, INC. AND GUTHRIE OIL COMPANY, Filed: March 26, 1998, 8:05 a.m. INC.; The purpose of the hearing will be to consider the Executive Director’s Preliminary report and petition mailed October 15, 1996, TRD-9804313 concerning assessing administrative penalties against and requiring ♦♦♦ certain actions of Chappell, Inc., and Guthrie Oil Company, Inc. for violations of the Texas Water Code in Eastland County, Texas. Wednesday, April 15, 1998, 10:00 a.m. Contact: Blas Coy, MC–103, P.O. Box 13087, Austin, Texas 78711– Suite 1100 , Stephen F. Austin Building, 1700 North Congress Avenue 3087, (512) 239–6363. Filed: March 31, 1998, 7:47 a.m. Austin TRD-9804485 State Office of Administrative Hearings ♦♦♦ AGENDA: Friday, May 1, 1998, 10:00 a.m. SOAH Docket No. 5822–98–0566; TNRCC Docket No. 97– 0476–RAW-E; EVEREST EXPLORATION, INC. The purpose of the Suite 1100, Stephen F. Austin Building, 1700 North Congress Avenue hearing will be to consider the Executive Director’s Preliminary report Austin and petition mailed June 9, 1997, concerning assessing administrative penalties against and requiring certain actions of Everest Exploration, State Office of Administrative Hearings Inc. for violation of Texas Health and Safety Code §401.109, 30 TAC AGENDA: §336.803 (formerly 336.1) and Texas Regulations for the Control of Radiation §43.60 In Karnes and Live Counties, Texas. SOAH Docket No. 582–98–0609; TNRCC Docket No. 97–0481– Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– AIR-E; LIFETIME DOORS, INC.; The purpose of the hearing will 3087, (512) 239–6363. be to consider the Executive Director’s Preliminary report and petition Filed: March 26, 1998, 8:05 a.m. mailed December 23, 1997, concerning assessing administrative penalties against and requiring certain actions of Lifetime Doors, Inc. TRD-9804314 for violations in Robertson County, Texas of the Health and Safety ♦♦♦ Code Chapter 382, 30 TAC Chapter 116, and TNRCC Permit No. 3190.

23 TexReg 3738 April 10, 1998 Texas Register Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– Tuesday, May 12, 1998, 10:00 a.m. 3087, (512) 239–6363. Filed: March 31, 1998, 7:46 a.m. Suite 1100, Stephen F. Austin Building, 1700 North Congress Avenue TRD-9804482 State Office of Administrative Hearings ♦♦♦ AGENDA: Monday, May 4, 1998, 10:00 a.m. Austin SOAH Docket No. 582–98–0613; TNRCC Docket No. 97–0795– Suite 1100, Stephen F. Austin Building, 1700 North Congress Avenue MSW-E; BELL PROCESSING, INC.; The purpose of the hearing Austin will be to consider the Executive Director’s Preliminary report and petition mailed January 16, 1998, concerning assessing administrative State Office of Administrative Hearings penalties against and requiring certain actions of Bell Processing, Inc., AGENDA: for violation in Montague County, Texas, of Texas Health and Safety Code Chapter 361, and 30 TAC Chapters 330. SOAH Docket No. 582–98–0611; TNRCC Docket No. 96–1015– PWS-E; MITCHELL M. MARTIN d/b/a SUBURBAN UTILITY Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– COMPANY, d/b/a COMMUNITY UTILITY COMPANY, AND d/b/ 3087, (512) 239–6363. a/ MONTGOMERY PLACE WATER SYSTEM, INC.; The purpose Filed: March 31, 1998, 7:45 a.m. of the hearing will be to consider the Executive Director’s Preliminary TRD-9804480 report and petition mailed February 4, 1998, concerning assessing administrative penalties against and requiring certain actions of ♦♦♦ Mitchell M. Martin doing business as Suburban Utility Company, Thursday, May 21, 1998, 10:00 a.m. doing business as Community Utility Company, and doing business as Montgomery Place Water system, Inc., for violations in Harris and 1700 North Congress Avenue, 11th Floor, Suite 1100 Montgomery Counties, Texas, of Texas Water Code Chapter 13, Texas Austin of the Health and Safety Code Chapter 341, and 30 TAC Chapters 290 and 291. AGENDA: Contact: Blas Coy, MC-103, P.O. Box 13087, Austin, Texas 78711– For a hearing before an administrative law judge of the State Office 3087, (512) 239–6363. of Administrative Hearings on an application filed by BAY, LTD. to Filed: March 31, 1998, 7:46 a.m. the Texas Natural Resource Conservation Commission for issuance TRD-9804484 of proposed Air Permit No. 34920I to authorize construction of an asphalt concrete plant located at Greens Road/59, north of Bender, ♦♦♦ Humble, Harris County, Texas. SOAH Docket No. 582–98–0583. Monday, May 11, 1998, 10:00 a.m. Contact: Angie Sell, P.O. Box 13025, Austin, Texas 78711–3025, (512) 475–3445. Weslaco Public Library, 525 South Kansas Avenue Filed: March 30, 1998, 9:41 a.m. Weslaco TRD-9804430 AGENDA: ♦♦♦ For a hearing before an administrative law judge of the State Office of Administrative Hearings on an application filed by THE Board of Nurse Examiners GREASE SPECIALIST to the Texas Natural Resource Conservation Friday, April 17, 1998, 10:00 a.m. Commission for Proposed Permit No. MSW2258 to authorize a Type VGG (grease and grit trap) municipal solid waste facility. The 333 Guadalupe Street, Tower 2, Room 225 permittee will be authorized to store and process non-hazardous liquid Austin wastes. The wastes authorized to be accepted and processed include grease trap waste, grit trap waste from commercial facilities such as Advisory Committee on Education car washes, and certain Class II nonhazardous industrial wastes (i.e. REVISED AGENDA: grease waste only); all as defined in 30 TAC §330.2. The maximum acceptance rate of liquid waste will be 208,000 gallons per months. I. Call to Order The site will be authorized to operate the facility from 6:00 a.m. II. Approval of March 1998 Minutes to 9:00 p.m. Monday through Sunday. The proposed site covers about 1.377 acres of land. The proposed waste management facility III. Reports from Workgroups is located northwest of Mission, Texas on Western Avenue, about 3.5 IV. Review of revised format and minor issues miles north of FM Road 2221 and 3.3 miles west of FM Road 681 in Hidalgo County, Texas. SOAH Docket No. 582–98–0407. V. Review of other states’ rules Contact: Angie Sell, P.O. Box 13025, Austin, Texas 78711–3025, (512) VI. Workgroups meet 475–3445. VII. Recommendations for further revisions/language Filed: March 30, 1998, 9:40 a.m. VIII. Other TRD-9804429 ♦♦♦ IX. Adjournment

OPEN MEETINGS April 10, 1998 23 TexReg 3739 Contact: Cheryl K. Rosipal, P.O. Box 430, Austin, Texas 78767, (512) Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, 305–6816. (512) 389–4642. Filed: March 27, 1998, 10:38 a.m. Filed: April 1, 1998, 9:47 a.m. TRD-9804400 TRD-9804544 ♦♦♦ ♦♦♦ Texas Parks and Wildlife Department Wednesday, April 15, 1998, 9:00 a.m. Wednesday, April 15, 1998, 9:00 a.m. 4200 Smith School Road 4200 Smith School Road Austin Austin Parks and Wildlife Commission Finance Committee Parks and Wildlife Commission Regulations Committee AGENDA: AGENDA: Approval of the Committee Minutes from the previous meeting; BRIEFING- Chairman’s Charges; BRIEFING — Financial Review; Approval of the Committee Minutes from the previous meeting; ACTION — Reciprocal License Agreement; ACTION — Nonresi- BRIEFING — Chairman’s Charges; ACTION — Creation of a dent Raptor Trapper’s Permit Fee; Other Business. Nongame Permit; ACTION — FY 1998–1999 Statewide Hunting and Fishing Proclamation; ACTION — Deer Management Permit; Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, ACTION — Public Lands Proclamation and Candidate State Parks (512) 389–4642. for 1998–1999 Public Hunts; ACTION — FY 1998–1999 Crab Filed: April 1, 1998, 9:49 a.m. Fishery Proclamation; ACTION — FY 1998–1999 Statewide Shrimp TRD-9804545 Fishery Proclamation; ACTION — Marine Safety Enforcement ♦♦♦ Officer Certification; ACTION — Health Certification of Native Shellfish and Harmful or Potentially Harmful Exotic Fish, Shellfish; Wednesday, April 15, 1998, 9:00 a.m. ACTION —Migratory Gamebird Proclamation; Other Business. 4200 Smith School Road Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, (512) 389–4642. Austin Filed: April 1, 1998, 9:47 a.m. Parks and Wildlife Commission Ad Hoc Infrastructure Committee TRD-9804542 AGENDA: ♦♦♦ Approval of the Committee Minutes from the previous meeting; Wednesday, April 15, 1998, 9:00 a.m. BRIEFING — Chairman’s Charges; BRIEFING — FY 1998 Status Report; Other Business. 4200 Smith School Road Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, Austin (512) 389–4642. Parks and Wildlife Commission Conservation Committee, Executive Filed: April 1, 1998, 9:50 a.m. Session TRD-9804546 AGENDA: ♦♦♦ Approval of the Committee Minutes from the Executive Session; Wednesday, April 15, 1998, 7:00 p.m. ACTION-Land Acquisition Management-Brazoria County; Other Business. Ruth’s Chris Steakhouse, 3010 Guadalupe Street Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, Austin (512) 389–4642. Parks and Wildlife Commission Dinner Meeting Filed: April 1, 1998, 9:49.m. AGENDA: TRD-9804543 ♦♦♦ Members of the Texas Parks and Wildlife Commission plan to have dinner at 7:00 p.m., April 15, 1998. Although this function Wednesday, April 15, 1998, 9:00 a.m. is primarily a social event and no formal action is planned, the Commission may discuss items on the Public Hearing scheduled for 4200 Smith School Road 9:00 a.m. Thursday, April 16, 1998. (Agenda available at the office Austin of the Secretary of State). Parks and Wildlife Commission Conservation Committee Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, (512) 389–4642. AGENDA: Filed: April 1, 1998, 9:47 a.m. Approval of the Committee Minutes from the previous meeting; TRD-9804547 BRIEFING — Chairman’s Charges; BRIEFING — Terrestrial ♦♦♦ Wildlife Database; ACTION- Land Donation- Harris County; Other Business. Thursday, April 16, 1998, 9:00 a.m.

23 TexReg 3740 April 10, 1998 Texas Register 4200 Smith School Road Executive Council of PT and OT Examiners Austin Monday, April 6, 1998, 9:30 a.m. Parks and Wildlife Commission Public Hearing 333 Guadalupe Street, Suite 2–510 AGENDA: Austin Approval of Agenda: Approval of the minutes from the previous Executive Council meeting; Acceptance of Gifts; Presentation of Retirement Certifi- cates and Service Awards; Presentation — Admiral Nimitz Foun- AGENDA: dation; Presentation — Friends of Monahans Sandhills State Park; I. Call to order. CONSENT AGENDA; BRIEFING — Update on 75th Anniversary; ACTION — FY 1998–1999 Statewide Hunting and Fishing Procla- II. Public comment. mation; ACTION — Public Lands Proclamation and Candidate State III. Approval of minutes of January 9, 1998 Executive Council Parks for 1998–1999 Public Hunts; ACTION — FY 1998–1999 Crab meeting. Fishery Proclamation; ACTION — FY 1998–1999 Statewide Shrimp Fishery Proclamation; BRIEFING — Texas State Bison Herd; AC- IV. Review and possible action on rules proposed by the Texas Board TION — Marine Safety Enforcement Officer Certification; ACTION of Occupational Therapy Examiners as follows: §362.1 concerning — Health Certification of Native Shellfish and Harmful or Poten- Definitions, 372.1 concerning Provision of Services, and 373.1 tially Harmful Exotic Fish, Shellfish; ACTION —Nonresident Raptor concerning Supervision. Trapper’s Permit Fee; ACTION — Land Donation — Harris County; V. Review and possible action on the repeal of OT rules; §375.2 ACTION — Land Acquisition/Management-Brazoria County; Other concerning Special Cases, Prorations, and Refunds of Fees, 387.1 Business concerning Administrative Hearing Procedures, and 389.1 concerning Contact: Lori Estrada, 4200 Smith School Road, Austin, Texas 78744, Petition for Adoption of Rules. (512) 389–4642. VI. Review and possible action on proposed changes to Executive Filed: April 1, 1998, 9:50 a.m. Council of Physical Therapy and Occupational Therapy Examiner TRD-9804548 rules as follows: §651.1 concerning Occupational Therapy Board ♦♦♦ Fees. VII. Review and possible action on rules proposed by the Texas Texas State Board of Pharmacy Board of Physical Therapy Examiners as follows: §341.8 concerning Saturday, April 18, 1998, 8:00 a.m. Inactive Status. VIII. Discussion and possible action on a plan for review of agency Omni Bayfront Hotel, 900 North Shoreline Boulevard rules, as required by HB1, Article 9, §167. Corpus Christi IX. Discussion and possible action on the agency’s Strategic Plan Board Forum X. Discussion and possible action on Executive Director’s Report. AGENDA: XI. Discussion and possible action on Presiding Officer’s Report. Members of the Texas State Board of Pharmacy will participate in a XII. Executive Session under §551.074, Texas Government Code, for Forum at the 12th Annual Texas Pharmacy Association Region “D” the discussion of personnel matters; the appointment, employment, Meeting. evaluation, reassignment, duties, discipline or dismissal of the Contact: Allison Benz, 333 Guadalupe Street, Suite 3–600, Box 21, Executive Director. Austin, Texas 78701, (512) 305–8037. Filed: April 1, 1998, 11:02 a.m. XIII. Open Session for further discussion and possible action involv- ing the appointment, employment, evaluation, reassignment, duties, TRD-9804559 discipline or dismissal of the Executive Director. ♦♦♦ XIV. Discussion and possible action on scheduling future Executive Saturday, April 25, 1998, 9:00 a.m. Council meeting date, and items for future consideration. Texas Tech University- HSC School of Pharmacy, 1300 Coulter XV. Adjournment. Contact: John Maline, 333 Guadalupe, Suite 2–510, Austin, Texas Amarillo 78701–3942, (512) 305–6900. Board Forum Filed: March 26, 1998, 3:50 p.m. AGENDA: TRD-9804365 Members of the Texas State Board of Pharmacy will participate in a ♦♦♦ Forum at the West Texas Pharmacy Association Annual Meeting. Public Utility Commission of Texas Contact: Allison Benz, 333 Guadalupe Street, Suite 3–600, Box 21, Austin, Texas 78701, (512) 305–8037. Friday, April 3, 1998, 8:30 a.m. Filed: April 1, 1998, 11:03 a.m. J.W. Marriott Hotel, 5150 Westheimer Road TRD-9804562 Houston ♦♦♦ AGENDA:

OPEN MEETINGS April 10, 1998 23 TexReg 3741 The Public Utility Commissioners will attend and participate at a General administrative matters regional summit organized by The Public Forum Institute and entitled Contact: Kathy Graf, 333 Guadalupe Street, Austin, Texas 78701, “The Power Summit” Electricity Competition in the Lone Star State”. (512) 322–2290. Contact: Dianne Prior, 1701 North Congress Avenue, Austin, Texas Filed: March 27, 1998, 10:35 a.m. 78701, (512) 936–7007. TRD-9804399 Filed: March 26, 1998, 9:31 a.m. ♦♦♦ TRD-9804323 ♦♦♦ Stephen F. Austin State University Tuesday, April 7, 1998, 9:00 a.m. Monday, March 30, 1998, 2:00 p.m. 5501 Alliance Gateway Freeway 1936 North Street, Austin Building Room 307 Fort Worth Nacogdoches AGENDA: Board of Regents Telephone Meeting There will be an Open Meeting for discussion, consideration, AGENDA: and possible action regarding: Project No. 16251– Investigation 1. Open Session — Committee of the Whole into Southwestern Bell Telephone Company’s Entry into In-Region InterLATA Service under §271 of the Telecommunications Act of A. Stadium Lights 1996. B. Charter School Contact: Diane Prior, 1701 North Congress Avenue, Austin, Texas (Possible action may be taken in Open Session on matters considered 78701, (512) 936–7007. in Executive Session.) Filed: March 30, 1998, 10:56 a.m. Contact: Dan Angel, P.O. Box 6078, Nacogdoches, Texas 75962– TRD-9804436 6078, (409) 468–2201. ♦♦♦ Filed: March 25, 1998, 2:20 p.m. Texas Residential Property Insurance Market TRD-9804283 ♦♦♦ Assistance Program Wednesday, April 8, 1998, 9:30 a.m. Board of Tax Professional Examiners 333 Guadalupe, H–1, Rooms 1264 and 1250A Tuesday, April 14, 1998, 9:30 a.m. Austin 333 Guadalupe Street, William P. Hobby Jr. State Office Building, Tower 2, Suite 500 AGENDA: Austin 1. Subcommittee Meetings — 9:30 a.m.- 11:30 a.m.) AGENDA: Subcommittee for Monitoring MAP Operations (Room 1264) 1. 9:30 a.m. Call to order Subcommittee on Data Collection (Room 1250A) 2. Determine the presence of a quorum 2. Executive Committee (Room 1264, 1:00 p.m.-4:00 p.m.) 3. Recognition of visitors Antitrust statement 4. Discussion on complaints received by the Board. Opportunity for public input 5. Discussion on approval of Course 6, Ad Valorem Office Staff update on educational initiatives, including public relations and Administration and Course 7, Property Tax Law. promotional activities 6. Discussion of Policy & Procedures changes in the Property Tax Staff update on status of implementation of MAP operations and MAP Education Standards or Sections 1–m to 1–p. activity 7. Discussion of Policy & Procedures paragraph 1a, Persons Required Subcommittee Reports to Register. Discussion of possible amendments to Article 21.49–12 and possible 8. Discussion on Professional Standards Committee membership. recommendations for submission to Commissioner 9. Adjourn Discussion of possible amendments to the MAP Plan of Operation (28 TAC §§5.10001–5.10016) and possible recommendations for Contact: David E. Montoya, 333 Guadalupe Street, Tower 2, Suite 520, Austin, Texas 78701–3942. (512) 305–7300. submission to Commissioner Filed: March 27, 1998, 10:09 a.m. Discussion of and consideration of approval of draft annual report TRD-9804389 to the Commissioner on demand for and performance of the MAP pursuant to Article 21.49–12, §6, and the MAP Plan of Operation (28 ♦♦♦ TAC §§5.10010(c)(1)) Wednesday, April 15, 1998, 10:00 a.m. Selection of MAP Nominations Committee and charge to committee

23 TexReg 3742 April 10, 1998 Texas Register 333 Guadalupe Street, William P. Hobby Jr. State Office Building, 7. Discussion and appropriate action on vote on Policy & Procedures Tower 2, Suite 500 changes in the Property Tax Education Standards or Sections 1–m to 1–p. Austin 8. Discussion and appropriate action on Policy & Procedures AGENDA: paragraph 1a, Persons Required to Register. 1. 10:00 a.m. Call to order 9. Discussion and appropriate action on Professional Standards 2. Determine the presence of a quorum Committee membership. 3. Recognition of visitors 10. Professional Standards Committee Report 4. Approval of board minutes for December 10, 1997 regular 11. Executive Director’s report. quarterly meeting. 12. Discussion and appropriate action or vote on list of registrants that 5. Discussion and appropriate action on complaints received by the have met all requirements for Reclassification/Recertification since Board. last regular quarterly meeting.. 6. Discussion and appropriate action on approval of Course 6, Ad 13.Public comments on any relevant subject will be received without Valorem Office Administration and Course 7, Property Tax Law. discussion. 7. Discussion and appropriate action or vote on Policy & Procedures 14. Determine date for next quarterly meeting. changes in the Property Tax Education Standards or Sections 1–m to 15. Adjourn 1–p. Contact: David E. Montoya, 333 Guadalupe Street, Tower 2, Suite 8. Discussion and appropriate action on Policy & Procedures 520, Austin, Texas 78701–3942. (512) 305–7300. paragraph 1a, Persons Required to Register. Filed: March 31, 1998, 12:20 p.m. 9. Discussion and appropriate action on Professional Standards TRD-9804505 Committee membership. ♦♦♦ 10. Professional Standards Committee Report 11. Executive Director’s report. Telecommunications Planning Group 12. Discussion and appropriate action or vote on list of registrants that Friday, April 10, 1998, 10:00 a.m. have met all requirements for Reclassification/Recertification since William P. Clements Jr. Building, Fifth Floor, Committee Room #15, last regular quarterly meeting.. 300 West 15th Street 13.Public comments on any relevant subject will be received without Austin discussion. Committee 14. Determine date for next quarterly meeting. AGENDA: 15. Adjourn 1. Introductions Contact: David E. Montoya, 333 Guadalupe Street, Tower 2, Suite 520, Austin, Texas 78701–3942. (512) 305–7300. 2. Adopt minutes from 10/26/97 and 2/6/98 TPG meetings. Filed: March 27, 1998, 10:09 a.m. 3. Discussion of letter dated March 9, 1998 from the Governor, Lt. TRD-9804388 Governor and Speaker. ♦♦♦ 4. Presentation on the Texas Telemedicine Strategic Plan Project Wednesday, April 15, 1998, 10:00 a.m. 5. Follow-up on discussion on letter to agencies about the use of TEX-AN services. 333 Guadalupe Street, William P. Hobby Jr. State Office Building, Tower 2, Suite 500 6. Update on Telecommunications Strategic Plan. Austin A. Input on the Telecommunications Plan from the local governments REVISED AGENDA: B. Status of re-writes of sections in Plan. 1. 10:00 a.m. Call to order C. Summary of initial comments from Publications Group. 2. Determine the presence of a quorum, and recognition of visitors D. Time-line for approval of second draft. 3. Approval of board minutes for December 10, 1997 regular 7. Update from the IP Task Force. quarterly meeting. 8. New Business 4. Election of new officers for calendar year 1998. 9. Next Meeting Agenda Items. 5. Discussion and appropriate action on complaints received by the 10. Public testimony Board. Contact: Martha Zottarelli, 300 West 15th Street, Suite 1300, Austin, 6. Discussion and appropriate action on approval of Course 6, Ad Texas 78701, (512) 475–2153. Valorem Office Administration and Course 7, Property Tax Law. Filed: March 26, 1998, 9:30 a.m. TRD-9804321

OPEN MEETINGS April 10, 1998 23 TexReg 3743 ♦♦♦ AGENDA: Texas Southern University Meeting to consider: Progress reports to receive informational items. Executive Session. Thursday, April 16, 1998, 10:00 a.m., rescheduled from April Contact: Dr. Bobby E. Mills, 3100 Cleburne, Houston, Texas 77004, 2, 1998 (713) 529–8911. 3100 Cleburne/Hannah Hall, Room 111 Filed: March 27, 1998, 10:11 a.m. Houston TRD-9804394 Academic Affairs Committee ♦♦♦ AGENDA: Thursday, April 16, 1998, 2:15 p.m., rescheduled from April Meeting to consider: Progress reports of academic activities and 2, 1998 programs. Executive Session. 3100 Cleburne/Hannah Hall, Room 111 Contact: Bobby E. Mills, 3100 Cleburne, Houston, Texas 77004, (713) Houston 529–8911. Filed: March 27, 1998, 10:10 a.m. Personnel Committee TRD-9804391 AGENDA: ♦♦♦ Meeting to consider: Ratification of appointments of instructional personnel, academic personnel changes. Executive Session. Thursday, April 16, 1998, 11:15 a.m., rescheduled from April Contact: Dr. Bobby E. Mills, 3100 Cleburne, Houston, Texas 77004, 2, 1998 (713) 529–8911. 3100 Cleburne/Hannah Hall, Room 111 Filed: March 27, 1998, 10:11 a.m. Houston TRD-9804395 Finance and Building and Grounds Committee ♦♦♦ AGENDA: Friday, April 17, 1998, 8:30 a.m. Meeting to consider: Matters relating to financial reporting systems, 3100 Cleburne, Robert J. Terry Library, Fifth Floor and budgets; fiscal reports from the administration; investments, Houston contract awards; and informational items, Executive Session. Contact: Dr. Bobby E. Mills, 3100 Cleburne, Houston, Texas 77004, Board of Regents (713) 529–8911. AGENDA: Filed: March 27, 1998, 10:11 a.m. Meeting to consider: Minutes; Report of the President; Report from TRD-9804392 standing committees; Executive Session. ♦♦♦ Contact: Bobby E. Mills, 3100 Cleburne, Houston, Texas 77004, (713) 529–8911. Thursday, April 16, 1998, 12:30 p.m., rescheduled from Filed: March 27, 1998, 10:10 a.m. April 2, 1998 TRD-9804390 3100 Cleburne/Hannah Hall, Room 111 ♦♦♦ Houston Development Committee Texas Department of Transportation AGENDA: Monday, April 20, 1998, 9:30 a.m. Meeting to consider: Reports from the Administration on University 200 East Riverside Drive, Room 102 Fund-Raising Efforts. Austin Contact: Dr. Bobby E. Mills, 3100 Cleburne, Houston, Texas 77004, Household Goods Carrier Advisory Committee (713) 529–8911. Filed: March 27, 1998, 10:11 a.m. AGENDA: TRD-9804393 Convene. Review and approval of minutes from April 13, 1998 ♦♦♦ meeting. Discussion and recommendations for modernizing and streamlining department rules adopted under Transportation Code, Thursday, April 16, 1998, 1:15 p.m., rescheduled from April Chapter 643, Subchapter D as amended by House Bill 1418. 75th 2, 1998 Legislature, 1997. Discussion and recommendations regarding a study of the feasibility and necessity of requiring vehicle liability 3100 Cleburne/Hannah Hall, Room 111 insurance for household good carriers required to register under Houston Transportation Code, Chapter 643. Subchapter D as amended by House Bill 1418, 75th Legislature, 1997. Discussion and Student Services Committee recommendations regarding maximum levels of liability (not to

23 TexReg 3744 April 10, 1998 Texas Register exceed 60 cents per pound) for loss or damage of household goods The University of Texas System for carriers required to register under Transportation Code, Chapter 643, Subchapter D as amended by House Bill 1418, 75th Legislature, Tuesday, April 7, 1998, 9:30 a.m. 1997. Agenda and date of next meeting. Adjourn. 201 West Seventh Street, 9th Floor, Ashbel Smith Hall, Regents’ Contact: Diane Northam, 125 East 11th Street, Austin, Texas 78701, Conference Room (512) 463–8630. Austin Filed: April 1, 1998, 10:03 a.m. Board of Regents Academic Affairs Committee TRD-9804550 ♦♦♦ AGENDA: The Academic Affairs Committee will meet in open session to University of Houston System consider admissions policies and procedures, implementation of lower Monday, March 30, 1998, 8:00 a.m. division and engineering programs at U.T. Tyler, update on various task forces, law school application review process, review of agenda 3100 Cullen Boulevard, UH Athletic/Alumni Facility, Melcher Board items for April Coordinating Board and May Board of Regents’ Room meetings. Houston Upon adjournment, the Committee will reconvene for a short Briefing Session as permitted by law. Board of Regents Committee Meetings Contact: Arthur H. Dilly, 201 West Seventh Street, Austin, Texas AGENDA: 78701–2981, (512) 499–4402. University Policies on Post-Tenure Performance Review, Promotion Filed: April 1, 1998, 11:55 a.m. in Academic rank, Faculty Emeriti appointments, Creation of De- TRD-9804582 partment of Communication and department of Biology and Bio- chemistry, Master of Science Degree in Finance, Combined doctor ♦♦♦ of Optometry and Doctor of Philosophy Degree Monthly Report of Tuesday, April 7, 1998, 1:00 p.m. contracts and Grants Cullen Distinguished Professorship; Gift Ac- ceptance Reports; Award of Construction Contracts, Football Game 201 West Seventh Street, 9th Floor, Ashbel Smith Hall, Regents’ Guarantee Contract, Revision to State Full-time Equivalent Position Conference Room Cap, Banking Resolution, Endowment Fund Statement of Investment Austin Objectives and Policies, Various Investment Reports; Honorary De- grees, Medal of Honor, Various Internal Audit Reports, Personnel Ac- Board of Regents Facilities Planning and Construction Committee tions for Executive Management Employees, Appointment of Arthur AGENDA: K. Smith to the Shell Exploration and Production Company Board of Directors, Executive Session and Report from Executive Session. The Facilities Planning and Construction Committee will meet in open session to consider utility deregulation issues, status of current Contact: Peggy Cervenka, 3100 Cullen, Suite 205, Houston, Texas 77204–6732, (713) 743–3444. projects, implementation of alternate delivery systems, the project Filed: March 25, 1998, 9:47 a.m. definition rating index, and the agenda items proposed for the May meeting of the Board of Regents. TRD-9804325 Upon adjournment, the Committee will reconvene in a Briefing ♦♦♦ Session as permitted by law. University Interscholastic League Contact: Arthur H. Dilly, 201 West Seventh Street, Austin, Texas 78701–2981, (512) 499–4402. Monday, April 6, 1998, 1:00 p.m. Filed: April 1, 1998, 11:55 a.m. Lake Austin Center, 3001 Lake Austin Boulevard, Hogg Conference TRD-9804583 Room, 4th floor ♦♦♦ Austin Texas Council on Workforce and Economic Com- Waiver Review Board petitiveness REVISED AGENDA: Tuesday, April 7, 1998, 10:00 a.m. AA. Request for a waiver of Four Year Rule by John Eric Kendrick Powell representing Clear Lake High School in Houston, Texas North Texas Carpenters and Millwrights Apprenticeship Office, 1901 Susan Drive BB. Request of a waiver of the Parent Residence Rule by Christopher Wilfork representing Carrollton Newman Smith High School in Arlington Carrollton, Texas. Chapter 133 Funding Committee, a Subcommittee of the Apprentice- Contact: Sam Harper, 23001 Lake Austin Boulevard, Austin, Texas ship and Training Advisory Committee 78713, (512) 471–5883. Filed: April 1, 1998, 11:11 a.m. AGENDA: TRD-9804574 10:00 a.m. — Call to Order, Welcome, Introductions, Public Com- ment; Presentation by Ms. Diane Lamb of the Texas Workforce Com- ♦♦♦ mission (TWC) regarding background information for apprenticeship

OPEN MEETINGS April 10, 1998 23 TexReg 3745 training programs funded under Chapter 133 of the Texas Educa- Staff report and discussion- update on activities relating to: Admin- tion Code; Open discussion on Chapter 133 Apprenticeship Train- istration Division, Finance Division, Information Systems Division, ing Funding; Action on Recommendations to the Apprenticeship and Unemployment Insurance Division, Welfare Reform Division and Training Advisory Committee Regarding Contact Hour Rate Changes; Workforce Division; General discussion and staff report concerning Closing Comments; Set Dates for Future Meetings; Adjournment at the employment service and related functions at the Texas Workforce 12:00 Noon. Commission; Discussion, consideration and possible action: (10 re- lating to House Bill 2777 and the development and implementation Notice: Persons with disabilities planning to attend this meeting, who of a plan for the integration of services and functions relating to El- may need ADA assistance or services, contact Val Blaschke, (512) igibility Determination and Service Delivery by Health and Human 936–8103 (or Relay Texas 800–735–2988) at least two days prior to Services Agencies and TWC; (2) on the Food Stamp Employment and the meeting, so that appropriate arrangements can be made. Training Able Bodied Adults Without Dependents (ABAWD) issue: Contact: Val Blaschke, P.O. Box 2241, Austin, Texas 78768, (512) (3) on the issue of Unemployment Insurance overpayments caused 936–8103. by Commission action or inaction; (4) on modification and/or reallo- Filed: March 25, 1998, 12:22 p.m. cation of Child Care funding; (5) on the proposal and review of rules TRD-9804280 regarding Proprietary Schools (Chapter 807) and related matters; and (6) on proposed Apprenticeship Rules pursuant to Education Code ♦♦♦ Chapter 133 and related matters. Texas Workforce Commission Contact: J. Randel (Jerry) Hill, 101 East 15th Street, Austin, Texas 78778, (512) 463–8812. Tuesday, April 7, 1998, 9:00 a.m. Filed: March 30, 1998, 2:31 p.m. Room 644, TWC Building, 101 East 15th Street TRD-9804454 Austin ♦♦♦ AGENDA: Regional Meetings Session A. Meetings filed March 25, 1998 Approval of prior meeting notes; vote on minutes dated: January 21, Trinity River Authority of Texas, Joint meeting of Executive and 1998, February 3, 1998 and February 10, 1998; Public comment; Administration Committees, met at 5300 South Collins Street, Discussion, consideration and possible action: (1) on acceptance of Arlington, April 4, 1998 at 10:00 a.m. Information may be obtained donations of Child Care Matching Funds; and (2) on adoption of from James L. Murphy, P.O. Box 60, Arlington, Texas 76004, (817) Payday Rules (40 TAC, Chapter 821) and related matters; Discus- 467–4343. TRD-9804284. sion, consideration and possible adoption of a resolution concerning the implementation of School-to-Careers in Texas; Discussion, con- Meetings filed March 26, 1998 sideration and possible action: (1) regarding potential and pending Barton Springs/Edwards Aquifer Conservation District, Board of applications for recertification and recommendations to the Governor Directors, Work Session/Retreat, met at 2510 Onion Creek Parkway, of Local Workforce Development Board for certification; (2) regard- Austin, March 31, 1998 at 1:30 p.m. Information may be obtained ing recommendations to TCWEC and status of Strategic and Opera- from Bill E. Couch, 1124A Regal Row, Austin, Texas, 78748, (512) tional Plans submitted by Local Workforce Development Boards; and 282–8441. TRD–9804369. (3) regarding approval of Local Workforce Board or Private Indus- try Council Nominees; Executive Session pursuant to: Government Barton Springs/Edwards Aquifer Conservation District, Board of Code §551.074 to discuss the duties and responsibilities of the ex- Directors, called Meeting/Work Session, met at 1124A Regal Row, ecutive staff and other personnel, Government Code §551.071 (1) Austin, Texas, April 1, 1998 at 1:30 p.m. Information may be concerning the pending or contemplated litigation of the Texas AFL- obtained from Bill E. Couch, 1124A Regal Row, Austin, Texas, CIO v. TWC; TSEU/CWA Local 6184, AFL-CIO v. TWC; Barbara 78748, (512) 282–8441. TRD–9804368. Woodard v. TEC; Midfirst Bank v. Reliance Health Care et al (En- Bluebonnet Trails Community MHMR Center, Board of Trustees, forcement of Oklahoma Judgment); and Gene E. Merchant et al v. met at Fayette County Mental Retardation Services, 401 Bucek, TWC, Government Code §551.071 (2) concerning all matters iden- Schulenburg, April 2, 1998 at 4:00 p.m. Information may be obtained tified in this agenda where the Commissioners seek the advice of from Vicky Risley, Bluebonnet Trails Community MHMR Center, their attorney as privileged communications under the Texas Disci- 15800 Highway 620 North, Austin, Texas 78717, (512) 244–8335. plinary Rules of Professional Conduct of the State Bar of Texas and TRD-9804318. to discuss the Open Meetings Act and the Administrative Procedure Act; Actions, if any, resulting from executive session; Consideration, East Texas Council of Governments, Board of Directors, met at 1306 discussion, questions, and possible action on (1) whether to assume Houston Street, Kilgore, April 1, 1998, at 11:30 a.m. Information continuing jurisdiction on Unemployment Compensation cases and may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, reconsideration of Unemployment Compensation cases, if any, and Texas 75662, (903) 984–8641. TRD-9804349. related matters; and (2) higher level appeals in Unemployment Com- Education Service Center, Region 18, Board of Directors, met at 2811 pensation cases listed on Texas Workforce Commission Docket 14 LaForce Boulevard, Midland, April 7, 1998 at 6:00 p.m. Information and related matters; and Consideration and action on motions for at- may be obtained from Mr. Bryan LaBeff, P.O. Box 60580, Midland, torney’s fees for Appeal Tribunal numbers 97–023944–1–0298 and Texas 79711, (915) 563–2380. TRD-9804350. 98–026784–1–0398. Edwards Aquifer Authority, Permits Committee, will meet at 1615 Session B. North St. Marys’ Street, San Antonio, April 11, 1998 at 3:00 p.m. with revised agenda. Information may be obtained from Sally Tamez–

23 TexReg 3746 April 10, 1998 Texas Register Salas, 1615 North St. Mary’s Street, San Antonio, Texas 78212, (210) Dallas Area Rapid Transit, Minority Affairs Committee, met in 222–2204. TRD-9804358. Conference Room “B”, First Floor, 1401 Pacific Avenue, Dallas, March 31, 1998 at 2:00 p.m. Information may be obtained from Middle Rio Grande Development Council, Texas Review and Com- Paula J. Bailey, DART, P.O. Box 660163, Dallas, Texas 75266–0163, ment System Committee, met at 209 North Getty Street, Uvalde, (214) 749–3256. TRD-9804381. March 31, 1998 at 3:00 p.m. Information may be obtained from Tim Trevino, MRGDC, 209 North Getty Street, Uvalde, Texas 78801, Dallas Area Rapid Transit, Committee of the Whole, met in (830) 278–4151. TRD-9804329. Conference Room “C”, First Floor, 1401 Pacific Avenue, Dallas, March 31, 1998 at 4:00 p.m. Information may be obtained from Shackelford Water Supply Corporation, Directors, met at Ft. Griffin Paula J. Bailey, DART, P.O. Box 660163, Dallas, Texas 75266–0163, Restaurant, Highway 180 West, Albany, April 1, 1998 at Noon. (214) 749–3256. TRD-9804385. Information may be obtained from Gaynell Perkins, Box 11, Albany, Texas 76430, (940) 345–6868 or (915) 762–2575. TRD-9804348. Dallas Area Rapid Transit, Board of Directors, met in the Board Room, First Floor, 1401 Pacific Avenue, Dallas, March 31, 1998 at Tarrant Appraisal District, Appraisal Review Board, met at 2329 6:30 p.m. Information may be obtained from Paula J. Bailey, DART, Gravel Road, Fort Worth, April 7, 1998 at 8:00 a.m. Information P.O. Box 660163, Dallas, Texas 75266–0163, (214) 749–3256. TRD- may be obtained from Linda G. Smith, 2329 Gravel Road, Fort Worth, 9804383. Texas 76118–6984, (817) 284–8884. TRD-9804343. East Texas Council of Governments, Executive Committee, met at Tarrant Appraisal District, Appraisal Review Board, will meet at 2329 Highway 155, Gilmer, April 2, 1998 at 12:45 p.m. Information may Gravel Road, Fort Worth, April 16, 1998 at 8:00 a.m. Information be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas may be obtained from Linda G. Smith, 2329 Gravel Road, Fort Worth, 75662, (903) 984–8641. TRD-9804403. Texas 76118–6984, (817) 284–8884. TRD-9804344. Middle Rio Grande Development Council, Criminal Justice Advisory Texas Panhandle Mental Health Authority, Board of Trustees, met Committee, met at the corner of Highway 90/North Getty, Uvalde, at 1500 South Taylor Street, Amarillo, April 2, 1998 at 10:00 a.m. April 1, 1998 at 10:00 a.m. Information may be obtained from Information may be obtained from Shirley Hollis, P.O. Box 3250, William “Bill” Barnes, P.O. Box 1199, Carrizo Springs, Texas 78834, Amarillo, Texas 79116–3250, (806) 349–5680, fax: (806) 337–1035. (830) 876–1262. TRD-9804404. TRD-9804317. Middle Rio Grande Development Council, 9–1–1 Regional Advisory Uvalde County Appraisal District, Board of Directors, met at 209 Committee, met at MRGDC Operations Office, 209 North Getty, North High Street, Uvalde, March 30, 1998 at 7:00 p.m. Information Uvalde, April 2, 1998 at 10:30 a.m. Information may be obtained may be obtained from Alida E. Lopez, 209 North High Street, Uvalde, from Ramon Johnston, P.O. Box 1199, Carrizo Springs, Texas 78834, Texas 78801, (830) 278–1106, extension 16. TRD-9804328. (830) 876–1262. TRD-9804420. Meetings filed March 27, 1998 Riceland Regional Mental Health Authority, Board of Trustees, met at Andrews Center, Board of Trustees, met at 2323 West Front Street, 624 Preston Street, Columbus, April 2, 1998 at 9:00 a.m. Information Board Room, Tyler, April 1, 1998 at 2:00 p.m. Information may may be obtained from Marjorie Dornak, P.O. Box 869, Wharton, be obtained from Richard J. DeSanto, P.O. Box 4730, Tyler, Texas Texas 77488, (409) 532–3098. TRD-9804398. 75712, (903) 535–7338. TRD-9804416. San Antonio Bexar County Metropolitan Planning Organization, Austin-Travis County MHMR Center, Community Forum #17, met Bicycle Mobility Task Force, met at 100 Military Plaza, City Hall, at 1700 South Lamar, Large Training Room, Austin, March 31, 1998 First Floor Conference Room, San Antonio, April 1, 1998 at 4:00 p.m. at 5:45 p.m. Information may be obtained from Sharon Taylor, 1430 Information may be obtained from Scott Ericksen, 603 Navarro, Suite Collier Street, Austin, Texas 78704, (512) 440–4031. TRD-9804401. 904, San Antonio, Texas 78205, (210) 227–8651. TRD-9804406. Canadian River Municipal Water Authority, Board, met at 2902 West San Antonio Bexar County Metropolitan Planning Organization, Fourth Street, Plainview, April 8, 1998 at 10:30 a.m. Information Technical Advisory Committee, met at 603 Navarro, Fourth Floor may be obtained from John Williams, P.O. Box 99, Sanford, Texas Conference Room, South Texas Building, April 2, 1998 at 1:30 79078, (806) 865–3325. TRD-9804375. p.m. Information may be obtained from Janet A. Kennison, 603 Navarro, Suite 904, San Antonio, Texas 78205, (210) 227–8651. Dallas Area Rapid Transit, Audit Committee, met in Conference TRD-9804405. Room “B”, First Floor, 1401 Pacific Avenue, Dallas, March 31, 1998 at 10:30 a.m. Information may be obtained from Paula J. Bailey, South Texas Workforce Development Board, met at 901 Kennedy DART, P.O. Box 660163, Dallas, Texas 75266–0163, (214) 749– Street, Zapata, April 2, 1998 at 4:00 p.m. Information may be 3256. TRD-9804386. obtained from Myrna V. Herbst, P.O. Box 1757, Laredo, Texas 78044–1757, (210) 722–0546. TRD-9804415. Dallas Area Rapid Transit, Project Management Committee, met in Conference Room “C”, First Floor, 1401 Pacific Avenue, Dallas, Meetings filed March 30, 1998 March 31, 1998 at Noon. Information may be obtained from Paula Brazos River Authority, Water Quality Committee Board of Directors, J. Bailey, DART, P.O. Box 660163, Dallas, Texas 75266–0163, (214) met at Sam Houston Room, Main Dining Hall, Tarleton State 749–3256. TRD-9804382. University, 1333 West Washington, Stephenville, April 6, 1998, at Dallas Area Rapid Transit, Planning Meeting, met in Conference 12:30 p.m. Information may be obtained from Mike Bukala, P.O. Box Room “C”, First Floor, 1401 Pacific Avenue, Dallas, March 31, 1998 7555, Waco, Texas 76714–7555, (254) 776–1441. TRD-9804447. at 2:00 p.m. Information may be obtained from Paula J. Bailey, District Judges Meeting, 36th, 156th and 343rd District Courts, met DART, P.O. Box 660163, Dallas, Texas 75266–0163, (214) 749– at 400 West Sinton Street, Sinton, April 3, 1998 at 10:00 a.m. 3256. TRD-9804384. Information may be obtained from Joel B. Johnson, P.O. Box 1568, Beeville, Texas 78104, (512) 364–6262. TRD-9804452.

OPEN MEETINGS April 10, 1998 23 TexReg 3747 Education Service Center, Region VI, Joint Meeting, Board/Executive St. Mary’s Street, San Antonio, Texas 78212, (210) 222–2204. TRD- Committee, met at One Waterwood, Huntsville, April 15, 1998 at 9804523. 5:00 p.m. Information may be obtained from Bobby Roberts, 3332 Hill Country Community MHMR Center, Board of Trustees, met at Montgomery Road, Huntsville, Texas 77340, (409) 295–9161. TRD- 1604 Bessemer, Llano, April 7, 1998, at 11:00 a.m. Information 9804476. may be obtained from Janis Beck, 1901 Dutton Drive, Suite D, San Montague County Tax Appraisal District, Appraisal Review Board, Marcos, Texas 78666, (512) 753–2279. TRD-9804486. met at 312 Rusk Street, Montague, April 2, 1998 at 3:00 p.m. Mills County Appraisal District, Board of Directors, met at Mills Information may be obtained from June Deaton, 312 Rusk Street, County Courthouse, Jury Room- Fisher Street, Goldthwaite, April 2, Montague, Texas 76251, (940) 894–6011. TRD-9804431. 1998 at 6:30 p.m. Information may be obtained from Mark Major Montague County Tax Appraisal District, Agricultural Advisory Route 3, Box 812, Goldthwaite, Texas 76844, (915) 648–3283. TRD- Committee, met at 312 Rusk Street, Montague, April 7, 1998 at 9804531. 8:30 a.m. Information may be obtained from June Deaton, 312 Rusk Nolan County Central Appraisal District, Board of Directors, met at Street, Montague, Texas 76251, (940) 894–6011. TRD-9804432. Nolan County Courthouse, Third Floor, 100 East Third, Sweetwater, Panhandle Ground Water Conservation District No. 3, Board of April 14, 1998 at 7:00 a.m. Information may be obtained from Directors Public Hearing, was held at District Office, 201 West Third Patricia Davis, P.O. Box 1256, Sweetwater, Texas 79556, (915) 235– Street, White Deer, April 2, 1998 at 8:00 p.m. Information may be 8421. TRD-9804519. obtained from C.E. Williams, Box 637, White Deer, Texas 79097, North Central Texas Council of Governments, Workforce Develop- (806) 883–2501. TRD-9804425. ment Board, met at 1200 Ballpark Way, Meeting Room M-10, Arling- Panhandle Ground Water Conservation District No. 3, Board of ton, April 3, 1998 at 9:00 a.m. Information may be obtained from Directors Public Meeting, was held at District Office, 201 West Third Sharon Vassar, NCTOG, P.O. Box 5888, Arlington, Texas 76005– Street, White Deer, April 2, 1998 at 8:30 p.m. Information may be 5888, (817) 695–9176. TRD-9804481. obtained from C.E. Williams, Box 637, White Deer, Texas 79097, Permian Basin Regional Planning Commission, Local Workforce (806) 883–2501. TRD-9804426. Development Board, met at 100 Airport Plaza, Midland, April 8, San Patricio Appraisal District, Board of Directors, met at 1146 1998 at 10:00 a.m. Information may be obtained from Terri Moore, East Market, Sinton, April 9, 1998 at 10:00 a.m. Information may P.O. Box 60660, Midland, Texas, 79711, (915) 563–1061. TRD- be obtained from Kathryn Vermillion, P.O. Box 938, Sinton, Texas 9804498. 78387, (512) 364–5402. TRD-9804455. Permian Basin Regional Planning Commission, Board of Directors, Stephens County Rural WSC, Annual Meeting, was held at 206 FM met at 2910 LaForce Boulevard, Midland, April 8, 1998 at 1:30 p.m. 3099, Breckenridge, April 2, 1998 at 6:00 p.m. Information may Information may be obtained from Terri Moore, P.O. Box 60660, be obtained from Mary Barton, P.O. Box 1621, Breckenridge, Texas Midland, Texas, 79711, (915) 563–1061. TRD-9804499. 76424, (254) 559–6180. TRD-9804456. Meetings filed April 1, 1998 Upper Rio Grande Workforce Development Board, met at 5919 Brook Brazos Valley Council of Governments, Board of Directors, met at Hollow, El Paso, April 3, 1998 at 11:30 a.m. Information may be 1706 East 29th Street, Bryan, April 8, 1998 at 1:30 p.m. Information obtained from Norman R. Haley, 5919 Brook Hollow, El Paso, Texas may be obtained from Nelda Thompson, P.O. Drawer 4128, Bryan, 79925, (915) 772–5627, extension 406. TRD-9804446. Texas 77805, (409) 775–4244, extension 102. TRD-9804552. West Central Texas Council of Governments, Regional Solid Waste Capital Area Planning Council, Executive Committee, met at 2520 Task Force Meeting, will meet at 1025 E.N. 10th Street, Abilene, IH35 South, Suite 100, Austin, April 8, 1998, at 10:00 a.m. April 23, 1998 at 1:30 p.m. Information may be obtained from Brad Information may be obtained from Betty Voights, 2512 South IH35, Helbert, 1025 E.N. 10th Street, Abilene, Texas 79601, (915) 672– Suite 220, Austin, Texas 78704, (512) 443–7653. TRD-9804536. 8544. TRD-9804450. Guadalupe-Blanco River Authority, Audit Committee, will meet at Wichita Falls MPO, Public Meeting, met at Wichita Falls ISD Norwest Bank, 307 North Explanade, Cuero, April 14, 1998, at 1:00 Administration Building, Board Room, 1204 Broad Street, Wichita p.m. Information may be obtained from W.E. West, Jr., 933 East Falls, April 8, 1998 at 7:00 p.m. Information may be obtained from Court Street, Seguin, Texas 78155, (830) 379–5822. TRD-9804577. Richard Luedke, P.O. Box 1431, Wichita Falls, Texas 76307, (940) 761–7447. TRD-9804460. Jim Wells County Soil and Water Conservation District, met at 2287 North Texas Boulevard, Suite 5, Alice, April 8, 1998 at 1:30 p.m. Meetings filed March 31, 1998 Information may be obtained from Joan D. Rumfield, 2287 North Bosque County Central Appraisal District, Appraisal Review Board, Texas Boulevard, Suite 5, Alice, Texas 78332, (512) 668–8363, met at 202 South Highway 6, Meridian, April 7, 1998 at 9:00 a.m. extension 202. TRD-9804541. Information may be obtained from Janice Henry, P.O. Box 393, Regional Water Planning Group C, Initial Coordinating Body, will Meridian, Texas 76665–0393, (817) 435–2304. TRD-9804530. meet at Central Wastewater Plant, Trinity River Authority, 6500 West Edwards Aquifer Authority, Legal Committee, met at 1615 North St. Singleton Boulevard, Grand Prairie, April 14, 1998 at 4:00 p.m. Mary’s Street, San Antonio, April 3, 1998 at 9:00 a.m. Information Information may be obtained from Carl W. Riehn, P.O. Box 2408, may be obtained from Sally Tamez-Salas, 1615 North St. Mary’s Wylie, Texas 75098, (972) 442–5405. TRD-9804581. Street, San Antonio, Texas 78212, (210) 222–2204. TRD-9804490. Upshur County Appraisal District, Board of Directors, met at 1711 Edwards Aquifer Authority, Executive Committee, met at 1615 North Latch Road, Gilmer, April 6, 1998, 1:00 p.m. Information may be St. Mary’s Street, San Antonio, April 6, 1998 at 12:00 p.m. obtained from Louise Stracener, P.O. Box 280, Gilmer, Texas 75644– Information may be obtained from Sally Tamez-Salas, 1615 North 0280. TRD-9804540.

23 TexReg 3748 April 10, 1998 Texas Register IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Agriculture Notice of Public Hearing Notice of Public Hearing The Office of the Attorney General will hold a public hearing at 4:30 p.m., Wednesday, May 6, 1998, in the Spice Wood room of The Texas Department of Agriculture will hold a public hearing to the Holiday Inn Northwest Plaza Hotel, 8901 Business Park Drive, take public comment on new §3.114, concerning the designation by Austin, Texas. The purpose of this hearing will be to accept oral and rule of the new Southeastern Blacklands Boll Weevil Eradication written testimony concerning proposed Sexual Assault Prevention and Zone, to be published in the April 10, 1998, issue of the Texas Crisis Services Division rules governing the certification of volunteer Register . The hearing will be held on Wednesday, April 15, 1998, training programs (1 T.A.C., Part III,Chapter 62). beginning at 1:00 p.m., at the Hearne Municipal Clubhouse, Norwood Lane, Hearne, Texas. A copy of the proposed rules may be requested from Lynda Edmonson, Sexual Assault Prevention and Crisis Services Division, For more information, please contact Katie Dickie Stavinoha, Texas Office of the Attorney General, P. O. Box 12548, Austin, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, 78711-2548 or by calling (512) 936-1270. 512/463-7593. Persons who wish to offer testimony but who are unable to attend TRD-9804493 the hearing may submit written testimony which must be received Dolores Alvarado Hibbs by noon the day of the hearing. The written testimony should be Deputy General Counsel sent to Jo Halligan, Sexual Assault Prevention and Crisis Services Texas Department Agriculture Division, Office of the Attorney General, P.O. Box 12548, Austin, Filed: March 31, 1998 Texas 78711- 2548. ♦♦♦ TRD-9804553 Sarah Shirley Notice of Reopening of Comment Period Assistance Attorney General The Texas Department of Agriculture (the department) hereby reopens Office of the Attorney General the comment period for the submission of comments on proposed Filed: April 1, 1998 new §3.112, concerning the designation of the Northern Rolling Plains Boll Weevil Eradication Zone. The proposal was published ♦♦♦ in the January 30, 1998, issue of the Texas Register (23 TexReg 690). Comments on the proposal will be accepted through May Coastal Coordination Council 11, 1998. Comments may be submitted to Katie Dickie Stavinoha, Notice and Opportunity to Comment on Requests Special Assistant for Producer Relations, P.O. Box 12847, Austin, Texas 78711. On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. TRD-9804494 1439-1440). Under federal law, federal agency activities and actions Dolores Alvarado Hibbs affecting the Texas coastal zone must be consistent with the CMP Deputy General Counsel goals and policies identified in 31 TAC 501. Requests for federal Texas Department Agriculture consistency review were received for the following projects(s) during Filed: March 31, 1998 the period of March 24, 1998, through March 31, 1998: ♦♦♦ FEDERAL AGENCY ACTIONS: Applicant: Harris County FWSD #6; Location: Discharge from the Office of the Attorney General municipal wastewater treatment plant is made into Harris County Flood Control Ditch thence Carpenter Bayou thence Houston Ship

IN ADDITION April 10, 1998 23 TexReg 3749 Channel in Segment Number 1006 of the San Jacinto River Basin, Office of Consumer Credit Commissioner in Harris County; Project Number: 98-0130-F1; Description of Proposed Action: The applicant requests a National Pollutant Notice of Rate Ceilings Discharge Elimination System permit to expire April 30, 2003; Type The Consumer Credit Commissioner of Texas has ascertained the of Application: Environmental Protection Agency NPDES permit following rate ceilings by use of the formulas and methods described #TXS0027111 under the Clean Water Act (33 U.S.C.A. §1251). in Articles 1D.003, 1D.005 and 1D.009, Title 79, Revised Civil Applicant: Matagorda County Commissioners Court; Location: Statutes of Texas, as amended (Articles 5069-1D.003, 1D.005, and West Mooring Site on the Gulf Intracoastal Waterway (GIWW), 1D.009, Vernon’s Texas Civil Statutes). approximately 1.4 miles southeast of the terminus of FM 457, Sargent The weekly ceiling as prescribed by Article 1D.003 and 1D.009 for Beach, Matagorda County, Texas; Project Number: 98-0134-F1; the period of April 6, 1998- April 12, 1998 is 18% for Consumer 1/ Description of Proposed Action: The applicant proposes to place Agricultural/Commercial 2/credit thru $250,000. 122 cubic yards of pre-cast concrete slab and sand into the GIWW, during the construction of two 45-foot by 62-foot public boat ramps. The weekly ceiling as prescribed by Article 1D.003 and 1D.009 for One boat ramp will be located on each side of the West Mooring the period of April 6, 1998-April 12, 1998 is 18% for Commercial Site. Each boat ramp will contain three 5-foot by 62-foot courtesy over $250,000. docks. In addition, the applicant proposes to install an approximate The monthly ceiling as prescribed by Article 1D.005 and 1D.009 3 1,100-foot-long, 8-foot-wide modular, removable floating courtesy for the period of April 1, 1998–April 30, 1998 is 18% for Consumer/ dock along the length of the West Mooring Site. Fish cleaning Agricultural/Commercial/credit thru $250,000. facilities and an associated parking area will be located on upland portions of the project site; Type of Application: U.S.C.O.E. permit The monthly ceiling as prescribed by Article 1D.005 and 1D.009 for application #21220 under §10 of the Rivers and Harbors Act of 1899 the period of April 1, 1998-April 30, 1998 is 18% for Commercial (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. over $250,000. §§125-1387). 1Credit for personal, family or household use. Applicant: U.S. Department of the Interior and Natural Resource 2Credit for business, commercial, investment or other similar purpose. Damage Assessment Trustees; Location: Gum Hollow Creek, Nueces 3 Bay and Corpus Christi Bay, Nueces County, Texas; Project Number: For variable rate commercial transactions only. 98-0131-F1; Description of Proposed Action: The applicant proposes TRD-9804533 the Draft Phase III Natural Resource Restoration Plan/Environmental Leslie L. Pettijohn Analysis, Estuarine Compensatory Restoration Plan stemming from Commissioner the discharge of crude oil near the intersection of Highway 893 and Office of Consumer Credit Commissioner Gum Hollow Creek in October 1994; Authority: Oil Pollution Act Filed: April 1, 1998 of 1990 (OPA), 33 U.S.C. §2701 et seq., the National Contingency Plan, 40 CFR Part 300, the Natural Resource Damages Assessment ♦♦♦ Regulations, 43 CFR Part 11, Oil Spill Prevention and Response Act, Texas Natural Resources Code Annotated §40.001 et seq., and the Texas Credit Union Department Texas Natural Resource Damage Assessment Rules, 31 TAC Chapter Application(s) for a Merger or Consolidation 20. Notice is given that the following applications have been filed with FEDERAL AGENCY ACTIVITIES: the Texas Credit Union Department and are under consideration: Applicant: U.S. Department of the Army, Corps of Engineers, Galve- An application was received from P&SF Local #389 Credit Union ston District; Location: Houston-Galveston Navigation Channel, (Wichita Falls) seeking approval to merge with IBEW Local 681 Galveston Bay, Texas; Project Number: 98-0133-F2; Description of Credit Union (Wichita Falls) with the latter being the surviving credit Proposed Action: The applicant proposes changes in the offshore union. placement area, centerline offset in the lower bay reach, safety zone construction, and changes in the Bolivar beneficial use placement An application was received from Victor Employees Credit Union area; (Denton) seeking approval to merge with Pegasus Credit Union (Dallas) with the latter being the surviving credit union. Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are Comments or a request for a meeting by any interested party relating invited to submit comments on whether a proposed action should be to an application must be submitted in writing within 30 days from referred to the Coastal Coordination Council for review and whether the date of this publication. Any written comments must provide the action is or is not consistent with the Texas Coastal Management all information that the interested party wishes the Department to Program goals and policies. All comments must be received within consider in evaluating the application. All information received will 30 days of publication of this notice and addressed to Ms. Janet be weighed during consideration of the merits of an application. Fatheree, Council Secretary, 1700 North Congress Avenue, Room Comments or a request for a meeting should be addressed to the 617, Austin, Texas 78701-1495. Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-9804561 Garry Mauro TRD-9804506 Chairman Lynette Pool-Harris Coastal Coordination Council Deputy Commissioner Filed: April 1, 1998 Texas Credit Union Department ♦♦♦ Filed: March 31, 1998

23 TexReg 3750 April 10, 1998 Texas Register ♦♦♦ Susan K. Steeg Office of the Governor General Counsel Texas Department of Health Consultant Proposal Award Filed: March 25, 1998 The award of consulting services is filed under the provisions of the ♦♦♦ Government Code, Chapter 2254 Notice of Request for Pricing Information for Durable Medi- The proposal was published in the February 6, 1998, issue of the cal Equipment Texas Register (23 TexReg 1211). The Texas Department of Health (department) is issuing a Request The vendor shall produce a ten-year strategic economic development for Pricing Information (RFPI) for certain durable medical equipment. plan for Texas in accordance with the findings of the Texas Strategic Pricing is being requested for incontinent care supplies and medical Economic Development Planning Commission ("Strategic Commis- enteral products. sion") as established by Subchapter C, Chapter 481 of the Texas Government Code. The 75th Legislature, 1997 legislative session passed Senate Bill 30, which contained numerous provisions intended to reduce fraud and The Report shall outline the Strategic Commission’s long-range plan improper payments in the state Medicaid program. Section 2.08 of for economic development in Texas. The final report shall include Senate Bill 30 requires the department to establish a competitive an in-depth analysis of economic trends facing Texas businesses and process for selecting providers of durable medical equipment and issues that are either key to economic prosperity or are barriers to supplies (DME) that encourages competition. The Appropriations growth. The report shall also contain the Strategic Commission’s Act also contained Rider 59 which required the department to amend specific recommendations for the promotion of economic growth in the State Plan for the Medicaid program to allows the department to Texas over the next decade. obtain DME through a prime vendor. The Consultant is Deloitte & Touche Fantus Consulting, LLP, 100 On December 8, 1997, the department held a public meeting on issues Peachtree Street, Suite 1700, Atlanta, GA 30303 related to the competitive procurement of DME and supplies. Based The total value of the contract is $125,000. The dates of service are on comments of participants, and written comments gathered at the March 24, 1998 to December 1, 1998. public meeting, the department has developed a Request for Pricing Information (RFPI), for incontinent care supplies and medical enteral A final report will be completed on or before October 15, 1998 and products. RFPIs or other competitive procurements for other types submitted to the Texas Strategic Economic Development Planning of DME and supplies may be issued in the future. Commission and the Office of the Governor. The department encourages all current or prospective providers of For more information, please call Jim Glotfelty, Governor’s Office, incontinent care supplies and medical enteral products to submit 512-463-2198. a response to the RFPI. If the RFPI does not yield appropriately TRD-9804407 discounted prices or savings to the state, the department will issue a Pete Wassdorf Request for Proposal to solicit bids to procure these products through Deputy General Counsel other competitive methods, which may include the use of a prime Office of the Governor vendor as authorized by Rider 59 to the Appropriations Act. Filed: March 27, 1998 A complete listing of products and a copy of the RFPI is available at ♦♦♦ the department website: http//:www.tdh.state.tx.us Texas Department of Health To obtain a written copy, or if you need additional information you Designation of Jesse R. Dawson State Jail as Site Serving may contact Geri Bischoff at (512)-338-6517 or FAX (512)-338-6550. Medically Underserved Populations You may also request a written copy of the RFPI by submitting a written request to the department at: Texas Department of Health; The Department of Health (department) is required under Texas Civil Attention: Geri Bischoff; 1100 West 49th Street; Austin, Texas Statutes, Article 4495b, §3.06, to designate sites serving medically 78756. underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide If you do not have personal access to the Internet most public libraries an opportunity for public comment on the designations. have these facilities. Accordingly, the department has designated the following as a site Responses to the RFPI must be received by the department not later serving medically underserved populations: Jesse R. Dawson State than May 15, 1998, to be considered. Jail, 106 W. Commerce Street, Dallas, Texas 75207. Designation TRD-9804537 is based on proven eligibility as a site serving a disproportionate Susan K. Steeg number of clients eligible for federal, state, or locally funded health care programs. General Counsel Texas Department of Health Oral and written comments on this designation may be directed to Filed: April 1, 1998 Ann Henry, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756; ♦♦♦ Telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice. Texas Department of Human Services TRD-9804297

IN ADDITION April 10, 1998 23 TexReg 3751 Notice of Intent to Contract for Family Violence Nonresiden- Application to change the name of ANTHEM LIFE INSURANCE tial Services COMPANY to ANTHEM ALLIANCE HEALTH INSURANCE COMPANY, a domestic life company. The home office is located The Texas Department of Human Services (TDHS) Family Violence in Dallas, Texas. nit gives this notice of its intention to contract with agencies listed in this notice for nonresidential family violence services. Funds Application for admission to Texas for MERCURY CASUALTY were awarded to agencies based upon proposals, pursuant to the COMPANY, a foreign property and casualty company. The home Family Violence Prevention and Services Program, U.S. Department office is in Brea, California. of Health and Human Services Program. To obtain additional Any objections must be filed within 20 days after this notice was filed information regarding this grant award, contact Karen Parker, TDHS with the Texas Department of Insurance, addressed to the attention Family Violence Program Administrator, 512-438-2239. of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas The TDHS intends to contract with the following 501 (c)(3) agencies 78701. for family violence nonresidential services: TRD-9804511 The Women’s Center of Brazoria County, PO Box 476, Angleton, Bernice Ross TX 77516; The Women’s Shelter, Inc. PO Box 1207, Arlington, Deputy Chief Clerk TX 76004; Safe Place, PO Box 19454, Austin, TX 78760; Women’s Texas Department of Insurance Advocacy Project, PO Box 833, Austin, TX 78767; Bastrop County Filed: March 31, 1998 Women’s Shelter, PO Box 736, Bastrop, TX 78602; Family Services of Beaumont, Inc. PO Box 6606, Beaumont, TX 77701; Denton ♦♦♦ County Friends of the Family, PO Box 640, Denton, TX 76202; Notices Legal Services of North Texas, 1515 Main Street, Dallas, TX 75201; El Paso Shelter for Battered Women, PO Box 26219, El Paso, TX The Commissioner of Insurance, or his designee, will consider 79926; Women’s Haven of Tarrant County, PO Box 1456 Fort Worth, approval of an amended rate filing request submitted by The Horace Texas 76101; Women’s Resource and Crisis Center of Galveston Mann Companies on behalf of Allegiance Insurance Company County, PO Box 1545, Galveston, TX 77553; Brighter Tommorows, proposing to use rates outside the flexibility band promulgated by Inc. PO Box 532151, Grand Prairie, TX 75053; Women in Need, the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. PO Box 349, Greenville, TX 75403-0349; Houston Area Women’s art. 5.101, §3(g). They are proposing to use rates ranging from Center, 1010 Waugh Dr., Houston, TX 77019; Northwest Assistance +24.5% to +97% above the benchmark by coverage and territories Ministries 15555 Kuykendahl, Houston, TX 77090; Aid to Victims for private passenger automobile insurance. of Domestic Violence, 405 Main Street, Suite 911, Houston, TX Copies of the filing may be obtained by contacting Gifford Ensey, at 77002; Crisis Intervention of Houston, PO Box 130866, Houston, TX the Texas Department of Insurance, Legal and Compliance, P.O. Box 77219; Atascosa Family Crisis Center, PO Box 96, Jourdanton, TX 149104, Austin, Texas 78714-9104, extension (512) 475-1761. 78026; Families in Crisis, PO Box 25, Killeen, TX 76540; Women’s Protective Services of Lubbock, Inc. 3223 S. Loop 289, Suite This filing is subject to Department approval without a hearing unless 320, Lubbock, TX 79423; Legal Services of North Texas, 114 W. a properly filed objection, pursuant to Art. 5.101, §3(h), is made with Louisiana St., McKinney, TX 75069; Women’s Shelter of East Texas, the Chief Actuary, Phil Presley, at the Texas Department of Insurance, Inc. PO Box 630569, Nacogdoches, TX 75963; Family Haven Crisis MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days and Resource Center, 1220 Clarksville, Paris, TX 75460; Panhandle after publication of this notice. Crisis Center, PO Box 502, Perryton, TX 79070; Collin County TRD-9804507 Women’s Shelter, 2701-C W. 15th Street, Suite 212, Plano, TX Bernice Ross 75075; Fort Bend County Women’s Center, PO Box 183, Richmond, Deputy Chief Clerk TX 77469; Women and Children’s Resource Center, Inc. PO Box 10393, San Antonio, TX 78210; Peace Initiative, 530 Bandera Road, Texas Department of Insurance San Antonio, TX 78228; Hayes-Caldwell Women’s Center, PO Box Filed: March 31, 1998 234, San Marcos, TX 78667; Cross Timbers Family Services, PO ♦♦♦ Box 978, Stephenville, TX 76401; Domestic Violence Prevention, Inc. PO Box 712, Texarkana, TX 75504; East Texas Crisis Center, The Commissioner of Insurance, or his designee, will consider ap- 2026 Republic Drive, Tyler, TX 75701; Women’s Crisis Center, Inc. proval of a rate filing request submitted by Orion Capital Companies PO Box 395, Victoria, TX 77902. on behalf of Connecticut Indemnity Company proposing to use rates outside the flexibility band promulgated by the Commissioner of In- TRD-9804417 surance pursuant to Texas Insurance Code Annotated, Article §5.101, Glenn Scott §3(g). They are proposing to use a rate for their emergency services Agency Liaison program of -50% below the benchmark for fire departments; -30% Texas Department of Human Services below the benchmark for ambulance; and benchmark for all others Filed: March 27, 1998 by classification for all coverages and territories for commercial au- ♦♦♦ tomobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at Texas Department of Insurance the Texas Department of Insurance, Legal and Compliance, P.O. Box Insurer Services 149104, Austin, Texas 78714-9104, extension (512) 475-1761. The following applications have been filed with the Texas Department This filing is subject to Department approval without a hearing unless of Insurance and are under consideration: a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of

23 TexReg 3752 April 10, 1998 Texas Register Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within Boilers, San Antonio State Hospital, 6711 South New Braunfels, San 30 days after publication of this notice. Antonio, Texas. TRD-9804508 A mandatory pre-bid conference will be held at 10:00 a.m., Tuesday, Bernice Ross April 14, 1998, at the Administration Building Conference Room, Deputy Chief Clerk Building 652, San Antonio State Hospital, 6711 South New Braun- Texas Department of Insurance fels, San Antonio, Texas 78223, Telephone: (210) 532-8811. Atten- Filed: March 31, 1998 dance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid confer- ♦♦♦ ence. Notice of Issuance of Revised Request for Proposals Plans and specifications will be available from Ron Marrs, Environ- mental Resource Consultants (ERC), 10300 North Central Express- The Texas Department of Insurance (the department) has issued a way, Suite 296, Dallas, Texas 75231, Telephone: (214) 692-8040. A revised Request for Proposals from qualified engineering firms for $100 deposit is required for the Master Spec Book. Work consists certain windstorm inspection services under the Insurance Code, of Asbestos Abatement and Demolition of two existing 500HP water Article 21.49, §6A. tube boilers in Building 534. The estimated project contract amount Project Description. The selected contractor, if any, shall provide is $1,275,804.80. windstorm inspection services under a contract with the department. Bids will be received in accordance with state procedures. Contact. Parties interested in submitting a proposal should request TRD-9804551 a copy of the Request for Proposals from Ms. Regina Durden, Charles M. Cooper Assistant Director, Purchasing, Contracting & Graphic Design, Texas Department of Insurance, P. O. Box 149104, MC 108-5A, 8th Floor, Chair, Texas MHMR Board Tower 1, Hobby Building, 333 Guadalupe, Austin, TX 78714-9104; Texas Department of Mental Health and Mental Retardation 512-475-1782 (telephone) or 512-463-6159 (facsimile). Filed: April 1, 1998 Closing Date. Proposals in response to the department’s Request for ♦♦♦ Proposals must be received by the department no later than 3:00 p.m., Notification of Public Hearings May 1, 1998. The Texas Department of Mental Health and Mental Retardation Award Process and Compensation. The department is currently pro- (TXMHMR) and the HB 1734 Committee will conduct a series viding the windstorm inspections described in the Request for Propos- of public hearings on the draft recommendations of the HB 1734 als, is studying the feasibility of contracting for these inspections and Committee. has not made a final decision. The department may or may not make any award as a result of the Request for Proposals. The department The 1734 Committee was created under legislation passed in the 75th reserves the right to reject any or all proposals or offers deemed not to Legislature to develop a plan which recommends: be in the bests interests of the department or the State of Texas. The 1) the most efficient and effective number of local authorities; department will not make any payments to any contractor for services performed or costs incurred under the terms of or in connection with 2) the responsibilities to be delegated by the state authority to the any contract awarded as a result of the department’s issuance of the local authority; Request for Proposals. Selected contractor’s sole compensation will 3) criteria by which local authorities shall be selected; be through contractor’s collection from third parties of certain spe- cific fees which have been approved by the department in a contract 4) the process of selection; with the contractor. The department will not make any payments for 5) criteria to ensure that contracts between local authorities and any costs incurred by any contractor in preparing a proposal response providers are competitive and result in the selection of the best bid; to the Request for Proposal; such costs may not be recouped by the selected contractor under the terms of any resulting contract. 6) a time frame for implementation; and TRD-9804510 7) strategies to ensure that services are not disrupted. Bernice Ross The legislation also requires that public hearings be held and that Deputy Chief Clerk there is public access to the proposed plan. Texas Department of Insurance Filed: March 31, 1998 Hearings will be held in the following cities: ♦♦♦ Dallas – Tuesday, April 14 Texas Department of Mental Health and Mental Lubbock – Wednesday, April 22 Retardation El Paso – Thursday, April 23 San Antonio – Monday, April 27 Notice to Bidders Longview – Monday, May 4 Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at Corpus Christi – Tuesday, May 5 909 West 45th Street, Building 3, Room 149, Austin, Texas 78756, Houston – Wednesday, May 6 Telephone: (512) 206-5880 until 2:00 p.m., Tuesday, April 28, 1998, for Project Number 98-074-681 Abate Asbestos and Demolish In each city, there will be two general sessions, the first from 3:00 p.m. - 4:30 p.m., followed by a breakout session from 4:30 p.m.

IN ADDITION April 10, 1998 23 TexReg 3753 - 5:30 p.m. The second general session will be from 6:30 p.m. - Attached are Notices of Applications for waste disposal/discharge 8:00 p.m., followed by a breakout session from 8:00 p.m. to 9:00 permits issued during the period of March20, 1998 through March p.m. Locations for the meetings may be obtained by calling the 27, 1998. community MHMR center in that city or by calling Norma Weitzel, The Executive Director will issue these permits unless one or more Office of Strategic Planning, at (512) 206-4556. persons file written protests and/or a request for a hearing within 30 Individuals requiring an interpreter for the hearing impaired or for days after newspaper publication of the notice. language translation should also contact Norma Weitzel at the above To request a hearing, you must submit the following: (1) your name number or the local center at least 72 hours prior to the hearing. (or for a group or association, an official representative), mailing TRD-9804281 address, daytime phone number, and fax number, if any; (2) the Charles Cooper name of the applicant and the permit number; (3) the statement Chair, Texas MHMR Board "I/we request a public hearing;" (4) a brief description of how Texas Department of Mental Health and Mental Retardation you would be adversely affected by the granting of the application Filed: March 25, 1998 in a way not common to the general public; (5) the location of your property relative to the applicant’s operations; and (6) your ♦♦♦ proposed adjustments to the application/permit which would satisfy Texas Natural Resource Conservation Commis- your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be sion obtained by contacting the Texas Natural Resource Conservation Correction of Errors Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire The Texas Natural Resource Conservation Commission proposed an about the information contained in this notice, or to inquire about amendment to 30 TAC §§321.31–321.46. The rules appeared in the other agency permit applications or permitting processes, should call March 6, 1998, issue of the Texas Register (23 TexReg 2230). the TNRCC Office of Public Assistance, Toll Free, at 1-800-687- Under Explanation of Proposed Rule the TNRCC inadvertently 4040. referenced one quarter mile for the minimum requirement of an air Listed are the name of the applicant and the city in which the facility quality buffer. The minimum requirement as stated in the rule is one is located, type of facility, location of the facility, type of application- half mile. This change can be referenced under the proposed changes new permit, amendment, or renewal and permit number. for §321.34. The sentence in this paragraph should read as follows: ALEDO INDEPENDENT SCHOOL DISTRICT, 412 FM 1187 “Finally, it provides that new CAFOs must provide, at the time of South, Aledo, Texas 76008, the Aledo ISD Wastewater Treatement the initial application a minimum air quality buffer of one-half [one- Plant Number 1, the plant site is located 4,500 feet west-northwest of quarter] mile from any occupied residence or business structure,...” the intersection of Farm-to-Market Road 1187 and County Road 4001 ♦♦♦ (Old Bankhead Highway), and approximately one mile southwest of the intersection of Interstate Highway 20 and Farm-to-Market Road Extension of Comment Period 1187 in Parker County, renewal, Permit Number 13738–001. In the March 20, 1998, issue of the Texas Register (23 TexReg 2950), BAYER CORPORATION, 8500 West Bay Road, Baytown, Texas the Texas Natural Resource Conservation Commission (commission) 77520, a facility which manufactures organic chemicals, plastics,and published a proposed amendment to 30 TAC §106.491, concerning inorganic chemicals, the plant site is located east of Cedar Bayou, Dual Chamber Incinerators. The preamble to the proposed amend- approximately 0.5 mile south of the intersection of FM Road 1405 ment stated that a public hearing regarding the proposal would be (West Bay Road) and FM Road 565 northeast of the City of Baytown, held April 13, 1998, and that the commission must receive all writ- Chambers County, Texas, major amendment with renewal, Permit ten comments by 5:00 p.m., April 20, 1998. The commission has Number 01499. extended the deadline for receipt of written comments to 5:00 p.m., CANUTILLO INDEPENDENT SCHOOL DISTRICT, P.O. Box 100, May 4, 1998. Canutillo, Texas 79835, the wastewater treatment plant is located Comments may be submitted to Lisa Martin, Office of Policy and on the east side of Bosque Road, approximately 4,100 feet north Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas of the intersection of Farm-to-Market Road 259 and Bosque Road 78711-3087 or faxed to (512) 239-4808. All comments should and approximately two miles northwest of the intersection of State reference Rule Log Number 97165-106-AI. For further information, Highway Spur Road 375 and Interstate Highway 10 in El Paso please contact Dale Beebe-Farrow, New Source Review Permitting County, Texas, renewal, Permit Number 11561-002. Division, (512) 239-1310 or Beecher Cameron, Air Policy and COGEN POWER, L.P., P.O. Box 457, Port Arthur, Texas 77641, Regulations Division, (512) 239-1495. an electricity and steam generating facility, the plant site is east of TRD-9804435 State Highway 87 and the Turning Basin, west of the Sabine-Neches Kevin McCalla Canal, in the Great Lake Carbon Corporation Plant in the City of Port Director, Legal Division Arthur, Jefferson County, Texas, major amendment, Permit Number Texas Natural Resource Conservation Commission 03449. Filed: March 30, 1998 HAMSHIRE-FANNETT INDEPENDENT SCHOOL DISTRICT, ♦♦♦ P.O. Box 223, Hamshire, Texas 77622-0223, the Hamshire Campus Wastewater Treatment Facilities are located approximately 0.6 miles Notice of Applications for Waste Disposal/Discharge Permits north of Hamshire High School; 6,200 feet southeast of Interstate Highway 10 crossing of South Fork of Taylor Bayou; 7,500 feet

23 TexReg 3754 April 10, 1998 Texas Register east-southeast of the intersection of Interstate Highway 10 and W. and acetic acid, the facility is located on the northwest corner of a Hamshire Road in Jefferson County, Texas, new, Permit Number 142-acre tract at 1423 Highway 225, between Red Bluff and Davison 12098-003. Roads, on the north side of the highway in Pasadena, Harris County, Texas, major amendment to Compliance Plan Number CP50134 (45- HUNTER’S GLEN MUNICIPAL UTILITY DISTRICT, in care of day notice). Johnson, Radcliffe, and Petrove, L.L.P., 450 Gears Road, Suite 700, Houston, Texas 77067, the wastewater treatment plant will be located TRD-9804468 west of and adjacent to Fox Trail Lane, approximately 3,400 feet east Eugenia K. Brumm, Ph.D. of Tettar Road and 5,000 feet north of Farm-to-market Road 1960 in Chief Clerk Harris County, Texas, new, Permit Number 11618-003. Texas Natural Resource Conservation Commission JOHN BLUDWORTH MARINE, INC., P.O. Box 6504, Pasadena, Filed: March 30, 1998 Texas 77506-6504, a facility conducting general ship painting and ♦♦♦ ship and barge hull repairs, the plant site is located at 1600 N. Witter Street in the City of Houston, Harris County, Texas, new, Permit Notice of Application Number 03968. The following applicants seek to obtain a Texas weather-modification JOPATA INDUSTRIES, INC., P.O. Box 112116, Houston, Texas license for Fiscal Year 1998, under Texas Water Code Chapter 18 77293-2116, the Jopata Industries, Inc., Wastewater Treatment Plant (Texas Weather Modification Act of 1967) and the Rules of the is located approximately 0.75 mile south-southeast of the intersection Texas Natural Resource Conservation Commission (TNRCC), 30 of Hardy Road and Aldine Mail Road between Erwin Street and TAC Chapter 289. Collins Street in Harris County, Texas, renewal, Permit Number Application Number E818891 submitted by WEST TEXAS 11673-001. WEATHER MODIFICATION ASSOCIATION, 8696 Hangar Road, PAUL W. KELLER, P.O. Box 161990, Austin, Texas 78716, the San Angelo, Texas 76904. The application was received on January wastewater treatment facilities and disposal site are located at 6304 26, 1998. A summary of the information contained in the application Bee Cave Road approximately 1250 feet northwest of the intersection includes the names of the meteorologists who are to be in control of Ranch-to-Market Road 2244 (Bee Cave Road) and State Highway and in charge of weather-modification operations. The personnel Loop 360 (Capital of Texas Highway) in Travis County, Texas, new, listed on the license application includes Mr. Aldis Strautins. Permit Number 13902-001. Application Number E820254 submitted by SOUTH TEXAS NORTH PARK PUBLIC UTILITY DISTRICT, in care of Smith, WEATHER MODIFICATION ASSOCIATION, P.O. Box 155, Murdaugh, Little and Bonham, 1100 Louisiana, Suite 400, Houston, Jourdanton, Texas 78026. The application was received on January Texas 77002, the wastewater treatment plant site is located at 15971 28, 1998. A summary of the information contained in the application Imperial Valley Drive approximately 2,200 feet east of Interstate includes the names of the meteorologists who are to be in control Highway 45 and 2,400 feet north of Farm-to-Market Road 1960 and in charge of weather-modification operations. The personnel on Imperial Valley Drive in Harris County, Texas, renewal, Permit listed on the license application includes Dr. William L. Woodley. Number 11855-001. Issuance of a license, or renewal of an existing license, merely cer- CITY OF RENO, 165 Bybee Street, Paris, Texas 75462-7132, the tifies that the person(s) or organization holding the license is (are) wastewater treatment plant site is located approximately 1 1/3 miles competent to conduct weather modification activities, and is contin- southwest of the intersection of Farm-to-Market Road 195 and gent upon the applicant paying the license fee and demonstrating Northwest Seventh Street in Lamar County, Texas, major amendment, competence in the field of meteorology which is reasonably neces- Permit Number 12162-001. sary to engage in weather modification and control operations. A permit is required before the licensee can actually begin conducting SABINE VALLEY REGIONAL MENTAL HEALTH-MENTAL RE- weather modification and control activities. TARDATION CENTER AND GREGG-HARRISON CENTER FOR MENTAL HEALTH AND MENTAL RETARDATION SERVICES, The Commission’s Weather Modification Advisory Committee, at its INC., the Oak Haven Recovery Center Wastewater Treatment Facili- March 12, 1998 meeting in Austin, examined the license applications ties are located on the north side of State Highway 154, approximately and recommended that the licenses be issued by the Commission. A 5.5 miles northwest of the intersection of U.S. Highway 80 and Loop technical review by agency staff has been done, and the staff also 390 in Harrison County, Texas, major amendment, Permit Number recommend that the licenses be issued. 11361-001. The Executive Director may approve these applications unless a CITY OF TENAHA, P.O. Box 70, Tenaha, Texas 75974, the written hearing request is filed in the Chief Clerk’s Office of the wastewater treatment plant site is located adjacent to Hilliard Creek; TNRCC within 10 days of this Texas Register posting. approximately 2,400 feet south of U.S. Highway 84 and 3,300 feet Individual members of the public who wish to inquire about the east of U.S. Highway 96 in Shelby County, Texas, renewal, Permit information contained in this notice, or to inquire about other agency Number 10818-001. permit applications or permitting processes, should call the TNRCC CITY OF WAXAHACHIE, P.O. Box 757, Waxahachie, Texas 75168, Office of Public Assistance, Toll Free, at 1-800-687-4040. the wastewater treatment plant site is located south of MKT Railroad TRD-9804467 and west of Waxahachie Creek in the southern portion of the City of Eugenia K. Brumm, Ph.D. Waxahachie in Ellis County, Texas, renewal, Permit Number 10379- 001. Chief Clerk Texas Natural Resource Conservation Commission AIR PRODUCTS, INC., a hazardous waste management facility, Filed: March 30, 1998 wastes managed at the facility result from the manufacture of dini- trotoluene, toluenediamine, nitric acid, polyvinyl alcohol, hydrogen, ♦♦♦

IN ADDITION April 10, 1998 23 TexReg 3755 Notice of Opportunity to Comment on Default Orders of Ad- GIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, ministrative Enforcement Actions (903) 535-5100. The Texas Natural Resource Conservation Commission (TNRCC) (2) COMPANY: Gibson Recycling, Inc.; DOCKET NUMBER: 97- Staff is providing an opportunity for written public comment on the 0576-MSW-E; ACCOUNT NUMBER: 79500; LOCATION: Cass listed Default Orders. The TNRCC Staff proposes Default Orders County, Texas; TYPE OF FACILITY: waste tire processing facility; when the Staff has sent an Executive Director’s Preliminary Report RULES VIOLATED: 30 TAC §330.842(e) by using predetermined and Petition (EDPRP) to an entity outlining the alleged violations; the truck tare weights rather than actual truck tare weights taken on a proposed penalty; and the proposed technical requirements necessary daily basis; 30 TAC §330.845(c)(10)(M) by logging in the facility’s to bring the entity back into compliance, and the entity fails to request legitimate end-user records two end-users who were not eligible for a hearing on the matter within 20 days of its receipt of the EDPR. end-use credit; 30 TAC §330.848(e) by processing a month containing Similar to the procedure followed with respect to Agreed Orders 21 inaccurate or incomplete manifest forms which were accepted entered into by the executive director of the TNRCC pursuant to the by the facility; PENALTY: $22,280; STAFF ATTORNEY: Tracy Texas Water Code, §7.075, this notice of the proposed orders and Harrison, Litigation Support Division, MC 175, (512) 239-1736; the opportunity to comment is published in the Texas Register no REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, later than the 30th day before the date on which the public comment (903) 535-5100. period closes, which in this case is May 9, 1998. The TNRCC (3) COMPANY: Shaw Gas Mart, Inc.; DOCKET NUMBER: 96- will consider any written comments received and the TNRCC may 1066-PST-E; ACCOUNT NUMBER: E11127; LOCATION: Dickin- withdraw or withhold approval of a Default Order if a comment son, Galveston County, Texas; TYPE OF FACILITY: underground discloses facts or consideration that indicate that the consent to the storage tanks; RULES VIOLATED: 30 TAC §115.241 by failing to proposed Default Order is inappropriate, improper, inadequate, or install an approved Stage II vapor recovery system which is certified inconsistent with the requirements of the statutes and rules within the to reduce the emissions of volatile organic compounds to the atmos- TNRCC’s jurisdiction, or the TNRCC’s orders and permits issued phere by at least 95%; 30 TAC §115.249 by failing to comply with pursuant to the TNRCC’s regulatory authority. Additional notice of Stage II vapor recovery equipment installation requirements according changes to a proposed Default Order is not required to be published to the scheduled implementation date; 30 TAC §334.22(a) by failing if those changes are made in response to written comments. to pay annual facility fees for the underground storage tanks at the A copy of the proposed Default Orders are available for public time and in the manner and amount provided; PENALTY: $10,000; inspection at both the TNRCC’s Central Office, located at 12100 Park STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239- 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite 3400 and at the applicable Regional Office listed as follows. Written H, Houston, Texas 77023-1486 (713) 767-3500. comments about the Default Order should be sent to the attorney (4) COMPANY: The Old Place, Inc.; DOCKET NUMBER: 97-0631- designated for the Default Order at the TNRCC’s Central Office at PWS-E; ACCOUNT NUMBER: 0200549; LOCATION: Manvel, P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be Brazoria County, Texas; TYPE OF FACILITY: public drinking water received by 5:00 p.m. on May 9, 1998. Written comments may system; RULES VIOLATED: 30 TAC §290.120(c)(5) and Texas also be sent by facsimile machine to the attorney at (512) 239-3434. Health and Safety Code, §341.031 by failing to submit water samples The TNRCC attorneys are available to discuss the Default Order from the facility for lead and copper analysis; PENALTY: $480; and/or the comment procedure at the listed phone numbers; however, STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC comments on the Default Order should be submitted to the TNRCC 175, (512) 239-6224; REGIONAL OFFICE: 5425 Polk Avenue, Suite in writing. H, Houston, Texas 77023-1486, (713) 767-3500. (1) COMPANY: Dexter Monroe doing business as Dal High Water (5) COMPANY: William D. Walton; DOCKET NUMBER: 96-1832- System; DOCKET NUMBER: 96-1967-PWS-E; ACCOUNT NUM- AIR-E; ACCOUNT NUMBER: DB-3982-W; LOCATION: Dallas, BER: 1070159; LOCATION: Athens, Henderson County, Texas; Dallas County, Texas; TYPE OF FACILITY: automotive station; TYPE OF FACILITY: public drinking water system; RULES VI- RULES VIOLATED: 30 TAC §114.3(f)(1) and Texas Health and OLATED: 30 TAC §290.45(b)(1)(A) by failing to provide a pressure Safety Code, §382.085(b) by issuing inspection certificates without tank capacity of 50 gallons per connection; 30 TAC §290.41(c)(3)(N) performing the required inspections; PENALTY: $1,000; STAFF by failing to provide the well with a flow measuring device to measure ATTORNEY: Mary Risner, Litigation Support Division, MC 175, production yields and provide for the accumulation of water produc- (512) 239-6224; REGIONAL OFFICE: 1101 East Arkansas Lane, tion data; 30 TAC §290.44(d) and §290.46(u) by failing to maintain Arlington, Texas 76010-6499, (817) 469-6750. a minimum operating pressure of 35 pounds per square inch at all points within the distribution system; 30 TAC §290.46(f)(2) by fail- TRD-9804534 ing to maintain a record of the weekly chlorine residual tests for a Kevin McCalla minimum of at least three years; 30 TAC §290.46(f)(1)(A) by fail- Director, Legal Division ing to maintain a free chlorine residual of 0.2 milligrams per liter Texas Natural Resource Conservation commission throughout the distribution system; 30 TAC §290.46(n) by failing to Filed: April 1, 1998 maintain an up-to-date map of the distribution system at the facility; 30 TAC §290.106(a)(1) by failing to prepare a written sample siting ♦♦♦ plan showing the sites at which samples for bacteriological analysis Notice of Opportunity to Comment on Settlement Agree- will be collected; 30 TAC §290.41(c)(1)(C) by locating the facil- ments of Administrative Enforcement Actions ity’s well within 500 feet of a solid waste disposal site; and 30 TAC §290.38 and §290.41(c)(3)(O) by failing to protect the well site with The Texas Natural Resource Conservation Commission (TNRCC) an intruder-resistant fence topped with three strands of barbed wire Staff is providing an opportunity for written public comment on with lockable gates; PENALTY: $5,765; STAFF ATTORNEY: Tracy the listed Agreed Orders (AOs) pursuant to the Texas Water Code Harrison, Litigation Support Division, MC 175, (512) 239-1736; RE- (TWC), §7.075. Section 7.705 requires that before the TNRCC may

23 TexReg 3756 April 10, 1998 Texas Register approve these AOs, the TNRCC shall allow the public an opportunity of convenience and necessity for the facility; PENALTY: $32,795; to submit written comments on the proposed AOs. Section 7.075 STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC requires that notice of the opportunity to comment must be published 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, in the Texas Register not later than the 30th day before the date Suite H, Houston, Texas 76710-1486, (713) 767-3500. on which the public comment period closes, which in this case is (3) COMPANY: Ben Walters doing business as Owl Creek Park May 9, 1998. Section 7.075 also requires that the TNRCC promptly Water Supply; DOCKET NUMBER: 96-1648-PWS-E; ACCOUNT consider any written comments received and that the TNRCC may NUMBER: 6049; LOCATION: Bell County, Texas; TYPE OF withdraw or hold approval of an AO if a comment discloses facts or FACILITY: public drinking water system; RULES VIOLATED: 30 considerations that the consent is inappropriate, improper, inadequate, TAC §290.120(c)(5) and Texas Health and Safety Code, §341.031 by or inconsistent with the requirements of the statutes and rules within failing to submit to the commission water samples from the facility the TNRCC’s Orders and permits issued pursuant to the TNRCC’s for lead/copper analysis for the following sampling periods, January regulatory authority. Additional notice of changes to a proposed AO 1995 through June 1995 and July 1995 through December 1995; is not required to be published if those changes are made in response PENALTY: $600; STAFF ATTORNEY: Kara Salmanson, Litigation to written comments. Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: A copy of each of the proposed AOs is available for public inspection 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) at both the TNRCC’s Central Office, located at 12100 Park 35 Circle, 751-0335. Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at (4) COMPANY: Border Steel, Inc.; DOCKET NUMBER: 97-0826- the applicable Regional Office listed as follows. Written comments AIR-E; ACCOUNT NUMBER: EE-0011-P; LOCATION: Vinton, El about these AOs should be sent to the attorney designated for each AO Paso County, Texas; TYPE OF FACILITY: steel melt shop; RULE at the TNRCC’s Central Office at P.O. Box 13087, MC 175, Austin, VIOLATED: 30 TAC §111.111(a)(7)(A) and the Texas Health and Texas 78711-3087 and must be received by 5:00 p.m. on May 9, Safety Code, §382.085(b) by allowing visible emissions from the 1998. Written comments may also be sent by facsimile machine to shop to exceed 30% averaged over a six-minute period; PENALTY: the attorney at (512) 239-3434. The TNRCC attorneys are available $2,000; STAFF ATTORNEY: Kara Salmanson, Litigation Support to discuss the AOs and/or the comment procedure at the listed phone Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 7500 numbers; however, §7.075 provides that comments on the AOs should Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) be submitted to the TNRCC in writing. 778-9634. (1) COMPANY: Allwaste Recovery Systems, Inc.; DOCKET NUM- (5) COMPANY: Butch Johnson doing business as Branchwood Water BER: 96-1895-IHW-E; ACCOUNT NUMBER: 40759; LOCATION: Supply; DOCKET NUMBER: 97-0673-PWS-E; ACCOUNT NUM- Dallas, Dallas County, Texas; TYPE OF FACILITY: wastewater pre- BER: 1870158; LOCATION: Livingston, Polk County, Texas; TYPE treatment facility; RULES VIOLATED: 30 TAC §335.2(b) by ship- OF FACILITY: public drinking water system; RULE VIOLATED: 30 ping hazardous waste to an unauthorized facility; 30 TAC §335.6 by TAC §290.120(c)(5) and the Texas Health and Safety Code, §341.031 failing to notify the commission of changes to its petroleum/gas/oil by failing to submit to the commission water samples from the facil- mixture waste stream and by failing to fully characterize this waste; ity for lead/copper analysis; PENALTY: $630; STAFF ATTORNEY: PENALTY: $15,000; STAFF ATTORNEY: Kathy Keils, Litigation Kara Salmanson, Litigation Support Division, MC 175, (512) 239- Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1738; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beau- 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469- mont, Texas, (409) 898-3838. 6750. (6) COMPANY: City of Fredericksburg; DOCKET NUMBER: 97- (2) COMPANY: Beacon Estates Water Supply Corporation; 0317-MWD-E; ACCOUNT NUMBER: 10171-001; LOCATION: DOCKET NUMBER: 97-0504-MLM-E; ACCOUNT NUMBER: Fredericksburg, Gillespie County, Texas; TYPE OF FACILITY: 2370047; LOCATION: Waller County, Texas; TYPE OF FACIL- wastewater treatment facility; RULES VIOLATED: Permit Number ITY: public drinking water system; RULES VIOLATED: 30 TAC 10171-001 and Texas Health and Safety Code, §26.121 as evidenced §290.46(e) and Texas Health and Safety Code, §341.033 by fail- by Finding of Fact Number 3, the city was substantially noncompli- ing to ensure that the public drinking water supply was at all times ant with its NH -N permit limits; PENALTY: $16,000; STAFF AT- under the direct supervision of a competent waterworks operator 3 TORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) holding a valid certificate of competency issued; 30 TAC §290.46(u) 239-0678; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San by failing to provide a minimum pressure of 35 pounds per square Antonio, Texas 78232-5042, (210) 490-3096. inch throughout the public drinking water supply distribution sys- tem under normal operating conditions; 30 TAC §290.43(d)(3) by (7) COMPANY: The City of Palestine; DOCKET NUMBER: 97- failing to provide facilities for maintaining the air-water-volume at 0168-MWD-E; ACCOUNT NUMBER: 10244-002; LOCATION: the designed water level and working pressure and a device to read- Palestine, Anderson County, Texas; TYPE OF FACILITY: wastewater ily determine air-water-volume; 30 TAC §290.46(p)(2) by failing to treatment facility; RULE VIOLATED: Texas Water Code, §26.121, repaint the pressure tank to ensure that the exterior of the all metal and Commission Permit Number 10244-002(1) evidenced by Finding surfaces of the tank are being provided with adequate protection; of Fact Number 3, was substantially noncompliant with its daily

30 TAC §305.125(17) by failing to submit monthly effluent forms; average ammonia-nitrogen NH3-N permit limit of 3.0 milligrams 30 TAC §305.125(11) by failing to monitor and maintain records of per liter; PENALTY: $13,280; STAFF ATTORNEY: Kathy Keils, monitoring activities; 30 TAC §305.125(4) by failing to take reason- Litigation Support Division, MC 175, (512) 239-0678; REGIONAL able steps to minimize environmental impact; 30 TAC §305.125(5) OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- by failing to properly operate and maintain the facility; Texas Wa- 5100. ter Code, §26.121 by discharging waste into or adjacent to water in (8) COMPANY: City of San Benito; DOCKET NUMBER: 97- the state; TNRCC Permit Number 12848-001 by failing to provide 0914-MWD-E; ACCOUNT NUMBER: 10473-002; LOCATION: San a readily accessible and accurate effluent flow measuring device; Benito, Cameron County, Texas; TYPE OF FACILITY: wastewater Texas Water Code, §13.242 by failing to obtain a sewer certificate treatment plant; RULE VIOLATED: Texas Water Code, §26.121

IN ADDITION April 10, 1998 23 TexReg 3757 and TNRCC Permit Number 10473-002 by failing to meet its by failing to provide an outlet connection in the ground storage tank permitted total suspended solids daily average concentration limit of to remove sediments; and 30 TAC §290.41(c)(3)(K) by failing to 30 milligrams per liter; PENALTY:$13,280; STAFF ATTORNEY: properly seal and vent all wellheads and pump bases to prevent Tracy Harrison, Litigation Support Division, MC 175; REGIONAL the intrusion of insects or contaminants; PENALTY: $620; STAFF OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550- ATTORNEY: Guy Henry, Litigation Support Division, MC 175, 6807, (956) 425-6010. (512) 239-6259; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (9) COMPANY: Emil Bernard Hall doing business as Cow Creek Lakeside Lodge Water System; DOCKET NUMBER: 97-0973-PWS- (11) COMPANY: Kar King Auto Sales; DOCKET NUMBER: E; ACCOUNT NUMBER: 11816; LOCATION: Marble Falls, Travis 97-0859-AIR-E; ACCOUNT NUMBER: DB-2054-K; LOCATION: County, Texas; TYPE OF FACILITY: public drinking water system; Farmers Branch, Dallas County, Texas; TYPE OF FACILITY: used RULES VIOLATED: 30 TAC §290.42(e)(2) by failing to disinfect car sales lot; RULES VIOLATED: 30 TAC §114.1(c)(1) and the water prior to distribution; 30 TAC §290.46(f)(1)(A) by failing to Texas Health and Safety Code, §382.085(b) by offering for sale maintain a disinfectant residual throughout the water distribution sys- a pickup truck with missing required emission control systems or tem; 30 TAC §290.46(f)(2) by failing to measure disinfectant resid- devices, specifically, the three-way catalyst converter; PENALTY: ual in the water distribution system using a test kit which employs $500; STAFF ATTORNEY: John Peeler, Litigation Support Division, a diethyl-phenylenediamine indicator; 30 TAC§290.45(c)(1)(A)(ii) by MC 175, (512) 239-3506; REGIONAL OFFICE: 1101 East Arkansas failing to provide a pressure tank capacity of ten gallons per unit with Lane, Arlington, Texas 76010-6499, (817) 469-6750. a minimum of 220 gallons; 30 TAC §290.46(a) by failing to submit (12) COMPANY: Paul Van Leeuwen, Andy Van Die, and Triple engineering plans for a new water system; 30 TAC §290.41(c)(3)(A) Dutch Dairy; DOCKET NUMBER: 96-1761-AGR-E; ACCOUNT by failing to submit to the commission well completion data; 30 TAC NUMBER: 02922; LOCATION: Stephenville, Erath County, Texas; §290.41(c)(3)(K) by failing to seal the well head with gaskets or a TYPE OF FACILITY: confined animal feeding operation; RULES pliable crack-resistant caulk and provide a casing vent with an open- VIOLATED: 30 TAC §321.35 and TNRCC Permit Number 02922 ing that is covered with 16-mesh or finer corrosion resistant screen, by failing to retain all rainfall runoff from open lots and associated faced downward, elevated and located so as to minimize the drawing areas; 30 TAC§321.35 and TNRCC Permit Number 02922, Special of contaminants into the well; 30 TAC §290.41(c)(3)(J) by failing Provision Number 2.2.5 by failing to retain all rainfall runoff from to provide the well with a concrete sealing block extending at least open lots and associated areas; Texas Water Code,§26.121(a), 30 three feet in all directions; 30 TAC §290.41(c)(3)(N) by failing to TAC §321.37, and TNRCC Permit 02922 by discharging waste and provide the well with a flow measuring device to measure production wastewater; PENALTY: $11,220; STAFF ATTORNEY: Guy Henry, yields and provide for the accumulation of water production data; 30 Litigation Support Division, MC 175, (512) 239-6259; REGIONAL TAC §290.41(c)(3)(O) by failing to protect the well in a site with OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, an intruder-resistant fence or locate the well in a locked, ventilated (817) 469-6750. well house to exclude possible contamination or damage to the fa- cilities by trespassers; 30 TAC §290.106(a)(1) by failing to prepare TRD-9804535 a plan showing the sites at which samples for bacteriological anal- Kevin McCalla ysis will be collected; 30 TAC §290.44(d)(5) by failing to provide Director, Legal Division the distribution system with sufficient valves so that necessary re- Texas Natural Resource Conservation Commission pairs can be made without undue interruption of service; 30 TAC Filed: April 1, 1998 §290.44(f) by failing to follow sanitary precautions flushing, disin- fection, and microbiological sampling as prescribed in American Wa- ♦♦♦ ter Works Standards when laying new water mains; PENALTY:$900; Notice of Opportunity to Comment on Settlement Agree- STAFF ATTORNEY: John Peeler, Litigation Support Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 1921 Cedar Bend, Suite ments of Administrative Enforcement Actions 150, Austin, Texas 77703-1892, (512) 339-2929. The Texas Natural Resource Conservation Commission (TNRCC or (10) COMPANY: Janet Amidon doing business as Smithwick Mills commission) Staff is providing an opportunity for written public Community Water System; DOCKET NUMBER: 96-1221-PWS- comment on the listed Agreed Orders (AOs) pursuant to Texas E; ACCOUNT NUMBER: 0270045; LOCATION: Marble Falls, Water Code (the Code), §7.075, which requires that the TNRCC Burnet County, Texas; TYPE OF FACILITY: public drinking water may not approve these AOs unless the public has been provided an system as a retail public utility; RULES VIOLATED: 30 TAC opportunity to submit written comments. Section 7.075 requires that §290.46(e) by failing to ensure water system is at all times under notice of the proposed orders and of the opportunity to comment the direct supervision of a competent water works operator holding must be published in the Texas Register no later than the 30th day a valid certificate of competency issued under the direction of the before the date on which the public comment period closes, which commission; 30 TAC §290.41(c)(3)(N) by failing to provide an in this case is May 10, 1998. Section 7.075 also requires that the operable flow meter on the well discharge line; 30 TAC §290.46(x) TNRCC promptly consider any written comments received and that by failing to properly plug and seal all abandoned wells; 30 the TNRCC may withhold approval of an AO if a comment discloses TAC §290.43(c)(2) by failing to provide a properly designed roof facts or considerations that indicate the proposed AO is inappropriate, hatch on ground storage tank; 30 TAC §290.43(c)(2) by failing to improper, inadequate, or inconsistent with the requirements of the keep the roof hatch on the ground storage tank locked; 30 TAC Code, the Texas Health and Safety Code (THSC), and/or the Texas §;290.44(d)(4) and 291.89(a) by failing to provide metering devices Clean Air Act (the Act). Additional notice is not required if changes at each service connection; 30 TAC §290.46(i) by failing to adopt an to an AO are made in response to written comments. adequate plumbing ordinance, regulations, or service agreement with A copy of each of the proposed AOs is available for public inspection provisions for proper enforcement; 30 TAC §290.43(c) by failing to at both the TNRCC’s Central Office, located at 12100 Park 35 Circle, properly cover the roof of the ground storage tank in accordance with Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the American Water Works Association standards; 30 TAC §290.43(c)(5) applicable Regional Office listed as follows. Written comments about

23 TexReg 3758 April 10, 1998 Texas Register these AOs should be sent to the enforcement coordinator designated CATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: for each AO at the TNRCC’s Central Office at P.O. Box 13087, tank truck cleaning; RULE VIOLATED: 30 TAC §116.110(a) and Austin, Texas 78711-3087 and must be received by 5:00 p.m. on the Act, §382.0518(a) and §382.085(b), by operating a tank truck May 10, 1998. Written comments may also be sent by facsimile cleaning facility without a permit; PENALTY: $12,320; ENFORCE- machine to the enforcement coordinator at (512) 239-2550. The MENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL TNRCC enforcement coordinators are available to discuss the AOs OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, and/or the comment procedure at the listed phone numbers; however, (713) 767-3500. §7.075 provides that comments on the AOs should be submitted to (6) COMPANY: Mobil Chemical Corporation; DOCKET NUM- the TNRCC in writing . BER: 97-1105-AIR-E; IDENTIFIER: Account Number JE-0062-S; (1) COMPANY: Abilene AG Service & Supply, Incorporated; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FA- DOCKET NUMBER: 97-1108-AIR-E; IDENTIFIER: Account CILITY: olefins and aromatics plant; RULE VIOLATED: 30 TAC Number TB-0081-F; LOCATION: Abilene, Taylor County, Texas; §§116.115(a), 115.352(4), 101.20(2), 40 Code of Federal Regu- TYPE OF FACILITY: anhydrous ammonia storage site; RULE lations §61.242-6(a)(1), Permit Number 18838/PSD-TX-843, and VIOLATED: 30 TAC §101.4 and the Act, §382.085(a) and (b), the Act, §382.085(b), by operating valves at the end of pipes or by discharging anhydrous ammonia in such concentration and of lines containing volatile organic compounds (VOC) and volatile such duration as to tend to be injurious to or to adversely affect hazardous air pollutants without the pipes or lines being sealed human health or welfare, animal life, vegetation, or property, or by a second valve, a blind flange, a plug, or a cap; 30 TAC as to interfere with the normal use and enjoyment of animal life, ˘116.110(a) and the Act, §382.0518(a) and §382.085(b), by construct- vegetation, or property; 30 TAC §101.6(a) and the Act, §382.085(b), ing and operating two thermal oxidizers without satisfying the con- by failing to notify the executive director of a major upset condition ditions for a permit exemption or obtaining a permit; and 30 TAC as soon as possible; 30 TAC §101.7 and the Act, §382.085(b), by §116.115(a), §116.116(a), Permit Number 18838/PSD-TX-843, and failing to maintain all air pollution emission capture equipment the Act, §382.085(b), by failing to construct six storage tanks without in good working order and operating properly; and 30 TAC floating roofs; PENALTY: $31,277; ENFORCEMENT COORDINA- §116.115(a), Permit Number T-18566, and the Act, §382.085(b), TOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 by failing to maintain all valves, connectors, and hoses associated Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898- with ammonia handling in a leak-proof condition and by failing 3838. to implement additional abatement measures necessary to control (7) COMPANY: Montgomery County Municipal Utility District and prevent a condition of odorous emissions; PENALTY: $7,500; Number 24; DOCKET NUMBER: 97-0978-MWD-E; IDENTIFIER: ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; Permit Number 11789-001; LOCATION: Houston, Montgomery REGIONAL OFFICE: 209 South Danville, Suite 200B, Abilene, County, Texas; TYPE OF FACILITY: domestic wastewater; RULE Texas 79605-1451, (915) 698-9674. VIOLATED: 30 TAC §305.125(1), Permit Number 11789-001, and (2) COMPANY: Black Rock Water Supply; DOCKET NUMBER: 97- the Code, §26.121, by exceeding the ammonia-nitrogen daily average 1015-PWS-E; IDENTIFIER: Public Water Supply Number 0610040; limitation; PENALTY: $600; ENFORCEMENT COORDINATOR: LOCATION: near Aubrey, Denton County, Texas; TYPE OF FACIL- Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 5425 Polk ITY: public drinking water; RULE VIOLATED: 30 TAC §290.46(s), Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. by failing to issue a boil water notice within 24 hours of when dis- (8) COMPANY: Pearland Industries, Incorporated; DOCKET NUM- tribution pressure fell below 20 pounds per square inch; PENALTY: BER: 97-1056-AIR-E; IDENTIFIER: Account Number HX-0891-A; $125; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) LOCATION: Houston, Harris County, Texas; TYPE OF FACIL- 239-4489; REGIONAL OFFICE: 1101 East Arkansas Lane, Arling- ITY: custom screen door manufacturing plant; RULE VIOLATED: ton, Texas 76010-6499, (817) 469-6750. 30 TAC §115.421(a)(9)(A)(ii) and the Act, §382.085(b), by exceed- (3) COMPANY: The City of Del Rio; DOCKET NUMBER: 97- ing the content limit of VOC for miscellaneous metal coating opera- 0221-PWS-E; IDENTIFIER: Public Water Supply Number 2330001; tions; PENALTY: $2,640; ENFORCEMENT COORDINATOR: Carl LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACIL- Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, ITY: public drinking water; RULE VIOLATED: 30 TAC §290.118, Suite H, Houston, Texas 77023-1486, (713) 767-3500. by failing to provide filtration for ground water under the direct in- (9) COMPANY: PETRON; DOCKET NUMBER: 97-1057-PST-E; fluence of surface water; and 30 TAC §290.46(5), by failing to main- IDENTIFIER: Petroleum Storage Tank Facility Identification Number tain the storage tank in a watertight condition; PENALTY: $4,285; 67121; LOCATION: Nederland, Jefferson County, Texas; TYPE OF ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; FACILITY: transporter of gasoline/convenience store with retail sales REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, of gasoline; RULE VIOLATED: 30 TAC §115.221, by failing to use Texas 78232-5042, (210) 490-3096. Stage I Vapor Recovery equipment during a gasoline delivery to a (4) COMPANY: The City of Wharton; DOCKET NUMBER: 97- convenience store with retail sales of gasoline; PENALTY: $3,200; 0979-MWD-E; IDENTIFIER: Permit Number 10381-002; LOCA- ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; TION: Wharton, Wharton County, Texas; TYPE OF FACILITY: REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, wastewater treatment; RULE VIOLATED: Permit Number 10381- Texas 77703-1892, (409) 898-3838. 002 and the Code, §26.121, by exceeding the daily average total sus- (10) COMPANY: Texas Department of Criminal Justice; DOCKET pended solids concentration limit; PENALTY: $3,840; ENFORCE- NUMBER: 97-1104-AIR-E; IDENTIFIER: Account Number TJ- MENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL 0044-U; LOCATION: Woodville, Tyler County, Texas; TYPE OF FA- OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, CILITY: furniture coating; RULE VIOLATED: 30 TAC §116.110(a) (713) 767-3500. and the Act, §382.0518(a) and §382.085(b), by constructing and op- (5) COMPANY: DSI Transports, Incorporated; DOCKET NUMBER: erating a surface coating operation without obtaining permit autho- 97-1025-AIR-E; IDENTIFIER: Account Number HG-1067-A; LO- rization prior to construction or meeting the requirements of a permit

IN ADDITION April 10, 1998 23 TexReg 3759 exemption; PENALTY: $641; ENFORCEMENT COORDINATOR: Filed: March 31, 1998 Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex ♦♦♦ Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. TRD-9804492 Public Utility Commission of Texas Kevin McCalla Notice of Application For Amendment To Service Provider Director, Legal Division Certificate of Operating Authority Texas Natural Resource Conservation Commission Filed: March 31, 1998 On March 25, 1998, Sterling International Funding, Inc., doing business as Reconex, and Fast Connections, Inc. filed an application ♦♦♦ with the Public Utility Commission of Texas (PUC) to amend their service provider certificates of operating authority (SPCOAs) North Central Texas Council of Governments Numbers 60045 and 60051. The corporations have merged and seek Notice of Consultant Contract Award to change the name in which the SPCOAs are held. Pursuant to the provisions of Government Code, Chapter 2254, the The Application: Application of Sterling International Funding, North Central Texas Council of Governments publishes this notice of Inc., doing business as Reconex and Fast Connections, Inc. for consultant contract award. The consultant proposal request appeared an Amendment to their Service Provider Certificates of Operating in the January 30, 1998, issue of the Texas Register (23 TexReg 866). Authority, Docket Number 19092. The selected consultant will determine the feasibility of a fixed-rail Persons with questions about this docket, or who wish to intervene or trolley line linking the City of Fort Worth’s major attraction areas. otherwise participate in these proceedings should make appropriate The consultant selected for this project is Parsons Transportation filings or comments to the commission at the Public Utility Commis- Group, Inc., 2630 West Freeway, Suite 132, Fort Worth, Texas 76102. sion of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later The maximum amount of this contract is $60,159. Work on this than April 15, 1998. You may contact the PUC Office of Customer project began March 5, 1998, and all work will be completed by Protection at (512) 936-7120. Hearing and speech-impaired individ- September 30, 1998. uals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19092. TRD-9804424 R. Michael Eastland TRD-9804463 Executive Director Rhonda Dempsey North Central Texas Council of Governments Rules Coordinator Filed: March 30, 1998 Public Utility Commission of Texas ♦♦♦ Filed: March 30, 1998 ♦♦♦ North Texas Local Workforce Development Notice Of Application For Service Provider Certificate Of Board Operating Authority JTPA Request for Proposal Notice is given to the public of the filing with the Public Utility Proposals are requested to provide employment training services Commission of Texas an application on March 30, 1998, for a through innovative special project programs for the economically- service provider certificate of operating authority (SPCOA), pursuant disadvantaged adult-Title IIA and the dislocated worker-Title III to to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). be operated in accordance with Job Training Partnership Act (JTPA). A summary of the application follows. Proposed program training should parallel the Targeted Occupations Docket Title and Number: Application of Supra Telecommunications List of the North Texas Local Workforce Development Board. and Information Systems, Inc. for a Service Provider Certificate of Participants to be served reside in the 11 counties of North Texas Operating Authority, Docket Number 19103 before the Public Utility service delivery area: Archer, Baylor, clay, Cottle, Foard, Hardeman, Commission of Texas. Jack, Montague, Wichita, Wilbarger, and Young. Applicant intends to provide local telephone service to both business To obtain Request for Proposal packets contact Barbara A. Young, and residential customers. Administrative Technician, North Texas Local Workforce Develop- Applicant’s requested SPCOA geographic area includes the entire ment Board, 4309 Jacksboro Highway, Suite 106, Wichita Falls, state of Texas. Texas 76302. Call (940) 322-5281, (TDD #1-800-RELAYTX or 1- 800-735-2989) for more information. Deadline to submit proposals Persons who wish to comment upon the action sought should contact is 4:00 p.m., May 29, 1998. the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s Office of Customer JTPA services are offered in accordance with Equal Employment Protection at (512) 936-7120 no later than April 15, 1998. Hearing Opportunity policies. Auxiliary aids and services are available upon and speech-impaired individuals with text telephone (TTY) may request to individuals with disabilities. Program operation dependent contact the commission at (512) 936-7136. upon availability of funds from Texas Workforce Commission. TRD-9804461 TRD-9804528 Rhonda Dempsey Mona Williams Statser Rules Coordinator Executive Director Public Utility Commission of Texas North Texas Local Workforce Development Board Filed: March 30, 1998

23 TexReg 3760 April 10, 1998 Texas Register ♦♦♦ TRD-9804524 Notice of Application For Service Provider Certificate of Op- Rhonda Dempsey erating Authority Rules Coordinator Public Utility Commission of Texas Notice is given to the public of the filing with the Public Utility Filed: March 31, 1998 Commission of Texas of an application on March 25, 1998, for a service provider certificate of operating authority (SPCOA), pursuant ♦♦♦ to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). Notice of Intent To File Customer-Specific Contract Pursuant A summary of the application follows. To Public Utility Commission Substantive Rule 23.27(C) Docket Title and Number: Application of Tech Telephone Company, Notice is given to the public of the filing of a notice of intent to LTD. for a Service Provider Certificate of Operating Authority, file with the Public Utility Commission of Texas an application for a Docket Number 19093 before the Public Utility Commission of customer-specific contract on or around March 30, 1998, pursuant to Texas. Public Utility Commission Substantive Rule 23.27(c). Applicant intends to provide a full range of telecommunications Tariff Title and Number. Notification of GTE-Southwest, Inc. to service and switched access service. Applicant will provide long File a Customer-Specific Contract for North Central Texas Council distance, POTS services, Operator Services, WATS, 800, ISDN, data of Governments pursuant to Public Utility Commission Substantive services, custom calling services, Caller ID and other optional calling Rule §23.27(c). Tariff Control Number 19067. services. The Application. GTE-Southwest, Inc.’s customer, North Central Applicant’s requested SPCOA geographic area which follows the Texas Council of Governments, will be provided enhanced emergency boundaries of Southwestern Bell Telephone Company’s exchange for number telephone service with a MARRS automatic number identifi- the Lubbock calling area. cation and automatic location identification (ANI/ALI) controller sys- Persons who wish to comment upon the action sought should contact tem with power back up, 10 digit plus ANI capability and MARRS the Public Utility Commission of Texas, at P.O. Box 13326, Austin, view for Windows Version 2. The MARRS equipment will facilitate Texas 78711-3326, or call the commission’s Office of Customer four public safety answering points located in Wilmer, Somerville, Protection at (512) 936-7120 no later than April 15, 1998. Hearing Springtown and Sachse. and speech-impaired individuals with text telephone (TTY) may Persons who wish to comment upon the action sought should contact contact the commission at (512) 936-7136. the Public Utility Commission of Texas, by mail at P.O. Box 13326, TRD-9804462 Austin, Texas, 78711-3326, or call the Public Utility Commission Rhonda Dempsey Office of Customer Protection at (512) 936-7120. Hearing and Rules Coordinator speech-impaired individuals with text telephones (TTY) may contact Public Utility Commission of Texas the commission at (512) 936-7136. Filed: March 30, 1998 TRD-9804459 ♦♦♦ Rhonda Dempsey Rules Coordinator Notice of Intent to File Customer-Specific Contract Pursuant Public Utility Commission of Texas to Public Utility Commission Substantive Rule 23.27(c) Filed: March 30, 1998 Notice is given to the public of the filing of a notice of intent to ♦♦♦ file with the Public Utility Commission of Texas an application for a customer-specific contract on or around April 10, 1998, pursuant to Notice of Intent to File Customer-Specific Contract Pursuant P.U.C. Substantive Rule §23.27(c). to P.U.C. Substantive Rule §23.27(C) Tariff Title and Number. Notification of GTE Southwest Incorporated Notice is given to the public of the filing of a notice of intent to to File a Customer- Specific Contract for Denton County Area E911 file with the Public Utility Commission of Texas an application for a District Pursuant to P.U.C. Substantive Rule §23.27(c). Tariff Control customer-specific contract on or around March 30, 1998, pursuant to Number 19101. P.U.C. Substantive Rule §23.27(c). The Application. GTE Southwest, Incorporated’s customer, Denton Tariff Title and Number. Notification of Southwestern Bell Telephone County Area E911 District, will be provided enhanced emergency Company (SWBT) to File a Customer-Specific Contract for General number telephone service with an ECS-1000 (ANI/ALI) Controller Services Commission for its TEX-AN network pursuant to P.U.C. System. The ECS-1000 Controller System will facilitate public safety Substantive Rule §23.27(c). Tariff Control Number 19081. answering points at the following locations: Denton County sheriff’s The Application. The General Services Commission (GSC) has office, Denton police department, Lewisville police department, requested customized services, which include 9.6, 56 and 64 Kbps Flower Mound police department, The Colony police department, circuit drops; 1.544 Mbps circuit drops; and 44.736 Mbps circuit Lake Dallas police department, and Carrollton police department. drops. The services are designed, costed, and priced on an individual Persons who wish to comment upon the action sought should contact case basis, using customer-specific, long-run incremental costs for the Public Utility Commission of Texas, by mail at P.O. Box 13326, the multiplexing service, and statewide average, long-run incremental Austin, Texas, 78711-3326, or call the Public Utility Commission unit costs. The geographic market for these customized services Office of Customer Protection at (512) 936-7120. Hearing and comprises SWBT’s entire certificated service area in Texas. GSC has speech-impaired individuals with text telephones (TTY) may contact contracted for statewide special access network services consisting of the commission at (512) 936-7136. SWBT provided DS0, DS1 and DS3 circuit drops, digital bridging

IN ADDITION April 10, 1998 23 TexReg 3761 and central office based multiplexing service. The contract will expire c) is not consistent with other requirements of state law; and April 29, 2001 (36 months). 3) the specific facts upon which the allegations are based. Persons who wish to comment upon the action sought should contact After reviewing any comments, the commission will determine the Public Utility Commission of Texas, by mail at P.O. Box 13326, whether to conduct further proceedings concerning the joint appli- Austin, Texas, 78711-3326, or call the Public Utility Commission cation. The commission shall have the authority given to a presiding Office of Customer Protection at (512) 936-7120. Hearing and officer pursuant to P.U.C. Procedural Rule §22.202. The commission speech-impaired individuals with text telephones (TTY) may contact may identify issues raised by the joint application and comments and the commission at (512) 936-7136. establish a schedule for addressing those issues, including the sub- TRD-9804374 mission of evidence by the applicants, if necessary, and briefing and Rhonda Dempsey oral argument. The commission may conduct a public hearing. In- Rules Coordinator terested persons who file comments are not entitled to participate as Public Utility Commission of Texas intervenors in the public hearing. Filed: March 27, 1998 Persons with questions about this docket or who wish to comment ♦♦♦ on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas Public Notices of Interconnection Agreement 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired On March 20, 1998, Southwestern Bell Telephone Company and individuals with text telephones (TTY) may contact the commission at Tel-Link, L.L.C., collectively referred to as applicants, filed a joint (512) 936-7136. All correspondence should refer to Docket Number application for approval of an interconnection agreement under the 19082. federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 TRD-9804525 and 47 United States Code) (FTA) and the Public Utility Regulatory Rhonda Dempsey Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) Rules Coordinator (PURA). The joint application has been designated Docket Number Public Utility Commission of Texas 19082. The joint application and the underlying interconnection Filed: March 31, 1998 agreement are available for public inspection at the commission’s offices in Austin, Texas. ♦♦♦ The FTA authorizes the commission to review and approve any in- On March 23, 1998, Southwestern Bell Telephone Company and State terconnection agreement adopted by negotiation of the parties. Pur- Discount Telephone, collectively referred to as applicants, filed a joint suant to FTA §252(e)(2) the commission may reject any agreement application for approval of an interconnection agreement under the if it finds that the agreement discriminates against a telecommuni- federal Telecommunications Act of 1996, Public Law Number 104- cations carrier not a party to the agreement, or that implementation 104, 110 Statute 56, (codified as amended in scattered sections of 15 of the agreement, or any portion thereof, is not consistent with the and 47 United States Code) (FTA) and the Public Utility Regulatory public interest, convenience, and necessity. Additionally, under FTA Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) §252(e)(3), the commission may establish or enforce other require- (PURA). The joint application has been designated Docket Number ments of state law in its review of the agreement, including requiring 19090. The joint application and the underlying interconnection compliance with intrastate telecommunications service quality stan- agreement are available for public inspection at the commission’s dards or requirements. The commission must act to approve the offices in Austin, Texas. agreement within 90 days after it is submitted by the parties. The The FTA authorizes the commission to review and approve any in- parties have requested expedited review of this application. terconnection agreement adopted by negotiation of the parties. Pur- The commission finds that additional public comment should be suant to FTA §252(e)(2) the commission may reject any agreement allowed before the commission issues a final decision approving or if it finds that the agreement discriminates against a telecommuni- rejecting the interconnection agreement. Any interested person may cations carrier not a party to the agreement, or that implementation file written comments on the joint application by filing 13 copies of of the agreement, or any portion thereof, is not consistent with the the comments with the commission’s filing clerk. Additionally, a public interest, convenience, and necessity. Additionally, under FTA copy of the comments should be served on each of the applicants. §252(e)(3), the commission may establish or enforce other require- The comments should specifically refer to Docket Number 19082. ments of state law in its review of the agreement, including requiring As a part of the comments, an interested person may request that a compliance with intrastate telecommunications service quality stan- public hearing be conducted. The comments, including any request dards or requirements. The commission must act to approve the for public hearing, shall be filed by April 29, 1998, and shall include: agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. 1) a detailed statement of the person’s interests in the agreement, including a description of how approval of the agreement may The commission finds that additional public comment should be adversely affect those interests; allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may 2) specific allegations that the agreement, or some portion thereof: file written comments on the joint application by filing 13 copies of a) discriminates against a telecommunications carrier that is not a the comments with the commission’s filing clerk. Additionally, a party to the agreement; or copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19090. b) is not consistent with the public interest, convenience, and As a part of the comments, an interested person may request that a necessity; or public hearing be conducted. The comments, including any request for public hearing, shall be filed by April 29, 1998, and shall include:

23 TexReg 3762 April 10, 1998 Texas Register 1) a detailed statement of the person’s interests in the agreement, Director including a description of how approval of the agreement may Sunset Advisory Commission adversely affect those interests; Filed: March 30, 1998 2) specific allegations that the agreement, or some portion thereof: ♦♦♦ a) discriminates against a telecommunications carrier that is not a party to the agreement; or Texas Department of Transportation b) is not consistent with the public interest, convenience, and Correction of Errors necessity; or The Texas Department of Transportation proposed amendments to 43 c) is not consistent with other requirements of state law; and TAC §§3.14, 17.21, 17.28, 21.411, 21.421, 21.451, 21.471, 21.481, 21.521, 21.541, 21.542, 21.551, 21.561, and 21.572, and new §9.3. 3) the specific facts upon which the allegations are based. The rules appeared in the March 13, 1998, issue of the Texas Register After reviewing any comments, the commission will determine (23 TexReg 2779–2792). whether to conduct further proceedings concerning the joint appli- The deadline was inadvertently listed as April 6, 1998, instead of cation. The commission shall have the authority given to a presiding April 13, 1998. officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and ♦♦♦ establish a schedule for addressing those issues, including the sub- mission of evidence by the applicants, if necessary, and briefing and Public Notice oral argument. The commission may conduct a public hearing. In- In accordance with Transportation Code, Chapter 391, the Texas terested persons who file comments are not entitled to participate as Department of Transportation regulates the orderly and effective intervenors in the public hearing. display of outdoor advertising along interstate and federal primary Persons with questions about this docket or who wish to comment highways. Senate Bill 446, 75th Legislature, 1997, added §391.005, on the application should contact the Public Utility Commission of Transportation Code to add an exemption for a sign relating to a Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas public election if the sign meets certain criteria. Section 2 of Senate 78711-3326. You may call the Public Utility Commission Office of Bill 446 specified that §391.005 would not take effect until the first Customer Protection at (512) 936-7120. Hearing and speech-impaired day of the calendar month following the date the Texas Transportation individuals with text telephones (TTY) may contact the commission at Commission determines that the implementation would not result (512) 936-7136. All correspondence should refer to Docket Number in the loss of highway-related funds from the federal government. 19090. The department received notice, dated February 10, 1998, that the implementation of Senate Bill 446 would not violate the Federal TRD-9804526 Highway Beautification Act and would not result in the loss of Rhonda Dempsey highway-related funds. Under the terms of Senate Bill 446 the Rules Coordinator commission, by Minute Order Number 107452, dated March 30, Public Utility Commission of Texas 1998, made a determination that the implementation of Senate Bill Filed: March 31, 1998 446 will not result in the loss of federal highway-related funds. The ♦♦♦ effective date of §391.005, Transportation Code, is April 1, 1998. TRD-9804563 Sunset Advisory Commission Bob Jackson Notice of Consultant Contract Award Acting General Counsel Texas Department of Transportation The Sunset Advisory Commission announces this notice of contract Filed: April 1, 1998 award. ♦♦♦ The notice of Invitation for Proposals was published in the November 14, 1997, issue of the Texas Register (22 TexReg 11158). Texas Water Development Board The contractor will provide the Sunset Commission with a compre- Applications Received hensive analysis of the structure, efficiency and effectiveness of the Child Support Division of the Office of the Office of Attorney Gen- Pursuant to the Texas Water Code, §6.195, the Texas Water Devel- eral. In performing the analysis, the firm shall consider and recom- opment Board provides notice of the following applications received mend whether programs related to the enforcement of child support by the Board: should remain as part of the attorney general’s office, be privatized, Canyon Lake Water Supply Corporation, P.O. Box 1742, Canyon or be transferred to an independent state agency established to oper- Lake, Texas, 78130, received March 3, 1998, application for financial ate child support enforcement programs. assistance in the total amount of $6,000,000 from the State Water The contract is awarded to David M. Griffith and Associates, Ltd., 630 Pollution Control Revolving Fund and the Water Supply Account of Dundee Road, Suite 200, Northbrook, Illinois 60062. The total dollar the Texas Water Development Fund. value of the contract is not to exceed $772,550. The effective date of Wells Branch Municipal Utility District, 2106 Klattenhoff Drive, the contract was February 2, 1998, and extends through August 31, Austin, Texas, 78728, received March 5, 1998, application for 1998. financial assistance in the amount of $1,400,000 from the State Water TRD-9804437 Pollution Control Revolving Fund. Joey Longley

IN ADDITION April 10, 1998 23 TexReg 3763 Archer County Municipal Utility District Number 1, Route 3, This request for consulting services is filed under the provisions of Box 496, Wichita Falls, Texas, 76308, received March 12, 1998, the Government Code, Chapter 2254. application for financial assistance in the amount of $950,000 from The Texas Youth Commission (TYC) is seeking to contract with the Water Supply Account of the Texas Water Development Fund. psychiatrists for each of 13 TYC facilities throughout the state of City of Covington, 402 Gathings Avenue, Covington, Texas, 76636, Texas. These contracts will automatically be awarded to the present received March 11, 1998, application for financial assistance in the consulting psychiatrists, unless interested psychiatrists submit other amount of $100,000 from the Water Supply Account of the Texas competing bids. Water Development Fund. Service: (1) Evaluate and provide a diagnostic assessment of youth, Dallas County Water Control & Improvement District Number 6, P.O. recommend a treatment plan, perform medication reviews as per TYC Box 800040, Balch Springs, Texas, 75180-0040, received March 2, policy, prescribe for and monitor those youth requiring Psychotropic 1998, application for financial assistance in the amount of $3,865,000 medication; (2) Attend TYC training sessions and conferences; (3) from the State Water Pollution Control Revolving Fund. Participate in Mental Health Commitment hearings as necessary. City of Wortham, P.O. Box 186, Wortham, Texas, 76693-0186, Compensation: (1) Total cost of services, based on an agreed hourly received March 2, 1998, application for financial assistance in the rate and for the number of hours of services actually provided at each amount of $820,000 from the Water Supply Account of the Texas facility. (2) To attend meetings at the Central Office in Austin, at the Water Development Fund. hourly rate for travel time to and from the meetings, not to exceed a pre-approved amount. City of Mount Vernon, 109 North Kaufman, Mount Vernon, Texas, 75457, received March 2, 1998, application for financial assistance Area: Each psychiatrist will provide services at one of 13 TYC fa- in the amount of $1,520,000 from the State Water Pollution Control cilities: Brownwood State School - Brownwood, Texas; Brownwood Revolving Fund. Sanction Unit - Brownwood, Texas; Corsicana State Home - Cor- sicana, Texas; Crockett State School - Crockett, Texas; Evins Re- City of Newton, P.O. Box 889, Newton, Texas, 75966-0889, received gional Juvenile Center - Edinburg, Texas; Gainesville State School March 5, 1998, application for additional financial assistance in the - Gainesville, Texas; Giddings State School - Giddings, Texas; J.W. amount of $135,000 from the State Water Pollution Control Revolving Hamilton Jr. State School - Bryan, Texas; Jefferson County State Fund. School - Beaumont, Texas; Marlin Orientation and Assessment Unit Additional information concerning this matter may be obtained from - Marlin, Texas; San Saba State School - San Saba, Texas; Sheffield Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Boot Camp - Sheffield, Texas; Victory Field Correctional Academy - Texas, 78711. Vernon, Texas; West Texas State School - Pyote, Texas TRD-9804555 Time: To be determined by the needs of each individual facility. Gail L. Allan Qualifications: (1) Licensed by the Texas State Board of Medical Director of Project-Related Legal Services Examiners; (2) Controlled Substances Registration Certification and Texas Water Development Board proof of professional medical malpractice insurance; (3) Experience Filed: April 1, 1998 in evaluation and providing diagnostic assessments as well as ♦♦♦ prescribing and monitoring Psychotropic medications; (4) Experience working with juvenile population - preferred. Texas Workers Compensation Commission Anyone wishing to respond to this proposal, should provide to George Correction of Errors Willeford, M.D., Medical Director, a description of how you meet the requirements listed above, within 30 days of this notice. Doctor The Texas Workers Compensation Commission proposed an amend- Willeford’s address is P.O. Box 4260, Austin, Texas 78765 or (512) ment to 30 TAC §133.206. The rule appeared in the March 20, 1998, 424-6300 (fax). Direct any questions concerning this proposal to issue of the Texas Register (23 TexReg 2944). Carole Williams, at (512) 424-6331. On page 2949, left column, in the text of §133.206(b)(1), last line, TRD-9804549 the underlined words should be “The carrier is liable in the following Steve Robinson situations:”. Executive Director ♦♦♦ Texas Youth Commission Filed: April 1, 1998 Texas Youth Commission ♦♦♦ Psychiatrist Services Sought

23 TexReg 3764 April 10, 1998 Texas Register