June 3 issue (all sections)

Transcription

Volume 41 Number 23
June 3, 2016
Pages 3959 - 4124
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Secretary of State –
Carlos H. Cascos
Director – Robert Sumners
a section of the
Office of the Secretary of State
P.O. Box 12887
Austin, TX 78711
(512) 463-5561
FAX (512) 463-5569
http://www.sos.state.tx.us
register@sos.texas.gov
Staff
Leti Benavides
Dana Blanton
Deana Lackey
Jill S. Ledbetter
Joy L. Morgan
Barbara Strickland
Tami Washburn
IN THIS ISSUE
GOVERNOR
WITHDRAWN RULES
Appointments.................................................................................3965
TEXAS HIGHER EDUCATION COORDINATING
BOARD
ATTORNEY GENERAL
Opinions.........................................................................................3967
PROPOSED RULES
TEXAS DEPARTMENT OF LICENSING AND
REGULATION
STUDENT SERVICES
19 TAC §21.1084 ...........................................................................3993
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
PROFESSIONAL CONDUCT
PROCEDURAL RULES OF THE COMMISSION AND
THE DEPARTMENT
22 TAC §77.10 ...............................................................................3993
16 TAC §60.24 ...............................................................................3969
TEXAS MEDICAL BOARD
TEXAS BOARD OF PHYSICAL THERAPY
EXAMINERS
PRACTICE
22 TAC §322.1 ...............................................................................3970
TEXAS STATE BOARD OF PODIATRIC MEDICAL
EXAMINERS
EXAMINATION AND LICENSURE
22 TAC §371.3 ...............................................................................3971
DEPARTMENT OF STATE HEALTH SERVICES
LABORATORIES
25 TAC §73.54, §73.55 ..................................................................3972
TEXAS DEPARTMENT OF PUBLIC SAFETY
COMMERCIAL VEHICLE REGULATIONS AND
ENFORCEMENT PROCEDURES
37 TAC §4.11 .................................................................................3978
PRIVATE SECURITY
22 TAC §77.10 ...............................................................................3993
TELEMEDICINE
22 TAC §174.11 .............................................................................3993
ADOPTED RULES
TEXAS HIGHER EDUCATION COORDINATING
BOARD
AGENCY ADMINISTRATION
19 TAC §1.6 ...................................................................................3995
19 TAC §1.18 .................................................................................3995
19 TAC §§1.110, 1.113 - 1.115 ......................................................3995
19 TAC §§1.156, 1.158, 1.161 .......................................................3996
19 TAC §1.164, §1.169 ..................................................................3996
19 TAC §1.176 ...............................................................................3996
19 TAC §§1.9521 - 1.9527 ............................................................3997
RULES APPLYING TO ALL PUBLIC INSTITUTIONS
OF HIGHER EDUCATION IN TEXAS
19 TAC §4.11 .................................................................................3997
37 TAC §35.3 .................................................................................3980
19 TAC §4.278 ...............................................................................3997
37 TAC §35.3 .................................................................................3981
37 TAC §35.4 .................................................................................3982
HEALTH EDUCATION, TRAINING, AND
RESEARCH FUNDS
37 TAC §§35.21, 35.22, 35.25 .......................................................3984
19 TAC §§6.210 - 6.218 ................................................................3998
37 TAC §35.52 ...............................................................................3985
FINANCIAL PLANNING
37 TAC §35.81 ...............................................................................3986
19 TAC §13.1 .................................................................................3998
37 TAC §35.112 .............................................................................3986
19 TAC §§13.42, 13.43, 13.47 .......................................................3998
TEXAS COMMISSION ON FIRE PROTECTION
FEES
37 TAC §437.13, §437.17 ..............................................................3987
EXAMINATIONS FOR CERTIFICATION
37 TAC §§439.1, 439.3, 439.7, 439.9, 439.11, 439.19 ..................3988
FIRE OFFICER
NATIONAL RESEARCH UNIVERSITIES
19 TAC §15.43 ...............................................................................3999
STUDENT SERVICES
19 TAC §21.1 .................................................................................4000
19 TAC §§21.9 - 21.11...................................................................4000
19 TAC §21.9, §21.10 ....................................................................4001
37 TAC §451.307 ...........................................................................3991
19 TAC §21.100 .............................................................................4001
37 TAC §451.407 ...........................................................................3992
19 TAC §21.134 .............................................................................4001
TABLE OF CONTENTS
41 TexReg 3961
19 TAC §21.136 .............................................................................4002
25 TAC §702.11 .............................................................................4027
19 TAC §§21.171 - 21.176 ............................................................4002
19 TAC §§21.171 - 21.176 ............................................................4002
GRANTS FOR CANCER PREVENTION AND
RESEARCH
19 TAC §§21.191 - 21.207 ............................................................4003
25 TAC §703.12, §703.21 ..............................................................4027
19 TAC §§21.221 - 21.241 ............................................................4003
TEXAS DEPARTMENT OF INSURANCE
19 TAC §§21.301 - 21.325 ............................................................4003
19 TAC §§21.465 - 21.477 ............................................................4004
19 TAC §§21.590 - 21.596 ............................................................4004
TRADE PRACTICES
28 TAC §§21.4501 - 21.4507 ........................................................4027
STATE FIRE MARSHAL
19 TAC §§21.970 - 21.980 ............................................................4005
28 TAC §§34.201 - 34.204 ............................................................4037
19 TAC §21.1084, §21.1086 ..........................................................4005
TEXAS PARKS AND WILDLIFE DEPARTMENT
19 TAC §§21.2050 - 21.2056 ........................................................4006
GRANT AND SCHOLARSHIP PROGRAMS
19 TAC §22.236 .............................................................................4006
PROGRAMS OF STUDY
WILDLIFE
31 TAC §§65.151 - 65.154, 65.160, 65.161 ..................................4042
31 TAC §§65.156 - 65.159 ............................................................4045
EMPLOYEES RETIREMENT SYSTEM OF TEXAS
19 TAC §§26.261 - 26.267 ............................................................4006
19 TAC §§26.281 - 26.287 ............................................................4007
19 TAC §§26.301 - 26.307 ............................................................4007
CREDITABLE SERVICE
34 TAC §71.31 ...............................................................................4045
FLEXIBLE BENEFITS
19 TAC §§26.321 - 26.327 ............................................................4007
34 TAC §§85.1, 85.3, 85.5 .............................................................4045
19 TAC §§26.341 - 26.347 ............................................................4008
TEXAS BOARD OF OCCUPATIONAL THERAPY
EXAMINERS
19 TAC §§26.361 - 26.367 ............................................................4008
19 TAC §§26.381 - 26.387 ............................................................4008
19 TAC §§26.401 - 26.407 ............................................................4008
TEXAS EDUCATION AGENCY
COMMISSIONER'S RULES CONCERNING
EDUCATOR APPRAISAL
19 TAC §150.1021, §150.1022 ......................................................4009
19 TAC §§150.1021 - 150.1028 ....................................................4010
HEARINGS AND APPEALS
19 TAC §157.1123 .........................................................................4010
TEXAS BOARD OF CHIROPRACTIC EXAMINERS
RULES OF PRACTICE
CONTINUING EDUCATION
40 TAC §§367.1 - 367.3 ................................................................4048
LICENSE RENEWAL
40 TAC §370.3 ...............................................................................4049
INACTIVE AND RETIRED STATUS
40 TAC §371.1, §371.2 ..................................................................4049
PROVISION OF SERVICES
40 TAC §372.1 ...............................................................................4050
40 TAC §372.2 ...............................................................................4051
22 TAC §78.6 ................................................................................. 4011
22 TAC §78.8 ................................................................................. 4011
DEPARTMENT OF STATE HEALTH SERVICES
HOSPITAL LICENSING
SUPERVISION
40 TAC §373.1, §373.3 ..................................................................4052
REGISTRATION OF FACILITIES
40 TAC §376.5 ...............................................................................4053
25 TAC §§133.181 - 133.190 ........................................................4012
CANCER PREVENTION AND RESEARCH INSTITUTE
OF TEXAS
INSTITUTE STANDARDS ON ETHICS AND
CONFLICTS, INCLUDING THE ACCEPTANCE OF GIFTS
AND DONATIONS TO THE INSTITUTE
TABLE OF CONTENTS
DEFINITIONS
40 TAC §362.1 ...............................................................................4046
41 TexReg 3962
DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES
GENERAL ADMINISTRATION
40 TAC §702.5 ...............................................................................4055
40 TAC §§702.501, 702.503, 702.505, 702.507, 702.509, 702.511,
702.513, 702.515 ...........................................................................4055
LEGAL SERVICES
Texas Ethics Commission
40 TAC §§730.401 - 730.403, 730.405, 730.406 ..........................4057
List of Late Filers...........................................................................4081
RULE REVIEW
List of Late Filers...........................................................................4082
Adopted Rule Reviews
Texas Facilities Commission
Texas Alcoholic Beverage Commission ........................................4059
Request for Proposals #303-7-20563.............................................4083
Texas Education Agency................................................................4059
Executive Council of Physical Therapy and Occupational Therapy Examiners...........................................................................................4059
Texas Board of Occupational Therapy Examiners ........................4060
General Land Office
TABLES AND GRAPHICS
Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence Under the Texas Coastal Management Program ...............................................................................................4083
.......................................................................................................4061
IN ADDITION
Office of the Attorney General
Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence Under the Texas Coastal Management Program ...............................................................................................4084
Texas Water Code and Texas Health and Safety Code Settlement Notice..................................................................................................4067
Texas Health and Human Services Commission
Comptroller of Public Accounts
Public Notice..................................................................................4085
Notice of Contract Award ..............................................................4067
Department of State Health Services
Notice of Request for Proposals ....................................................4067
Annual Republication of the Texas Schedules of Controlled Substances ............................................................................................4086
Office of Consumer Credit Commissioner
Notice of Rate Ceilings ..................................................................4068
Texas Education Agency
Correction of Error.........................................................................4068
Correction of Error.........................................................................4068
Employees Retirement System of Texas
Contract Award Announcement .....................................................4069
Contract Award Announcement .....................................................4069
Texas Commission on Environmental Quality
Licensing Actions for Radioactive Materials ................................4094
Licensing Actions for Radioactive Materials ................................4097
Texas Lottery Commission
Scratch Ticket Game Number 1766 "50X Fast Cash" ...................4100
Scratch Ticket Game Number 1769 "$250,000 Extreme Green" ..4104
Scratch Ticket Game Number 1779 "Super Break the Bank" .......4109
Scratch Ticket Game Number 1802 "Break the Bank".................. 4115
Public Utility Commission of Texas
Agreed Orders ................................................................................4069
Notice of Application for a Service Provider Certificate of Operating
Authority ........................................................................................ 4119
Enforcement Orders .......................................................................4072
Notice of Application for Retail Electric Provider Certification ... 4119
Notice of Application and Public Hearing for an Air Quality Standard
Permit for a Concrete Batch Plant with Enhanced Controls Proposed
Air Quality Registration Number 140257......................................4075
Notice of Application to Amend a Service Provider Certificate of Operating Authority ............................................................................4120
Notice of District Petition ..............................................................4076
Notice of Application to Amend Water Certificate of Convenience and
Necessity ........................................................................................4120
Notice of Informational Meeting on Air Quality Standard Permit for
Permanent Rock and Concrete Crushers by La Bala De Plata Investments, LLC, Proposed Air Quality Registration Number 139539.4077
Notice of Filing to Withdraw Services Pursuant to 16 TAC
§26.208(h)......................................................................................4120
Notice of Opportunity to Comment on Agreed Orders of Administra-
tive Enforcement Actions ..............................................................4077
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions ..............................................................4078
Notice of Public Hearing ...............................................................4079
Notice of Water Rights Application...............................................4080
§26.208(h)......................................................................................4120
§26.208(h)......................................................................................4121
Notice of Petition for Recovery of Universal Service Funding .....4121
Regional Water Planning Group - Area B
Public Notice: Solicitation of Nominations...................................4121
TABLE OF CONTENTS
41 TexReg 3963
Texas Department of Transportation
Texas Water Development Board
Notice of Availability.....................................................................4122
Public Notice - Aviation.................................................................4122
TABLE OF CONTENTS
41 TexReg 3964
Appointments
Appointments for May 3, 2016
Appointed to the Executive Commissioner of Health and Human Services, effective June 1, 2016, for a term to expire February 1, 2017,
Charles R. Smith of Austin (replacing Christopher R. "Chris" Traylor
of Austin who resigned).
Appointed to be the Canadian River Compact Commissioner for a term
to expire December 31, 2021, Roger S. Cox of Amarillo (replacing
James Edward Herring of Amarillo whose term expired).
Appointed as presiding officer of the Hidalgo County Regional Mobility Authority for a term to expire February 1, 2018, Samuel "David"
Deanda, Jr. of Mission (replacing Rance G. "Randy" Sweeten of
McAllen whose term expired).
Appointed to the Teacher Retirement System of Texas Board of
Trustees for a term to expire August 31, 2021, John W. Elliott of
Austin (replacing Todd F. Barth of Houston whose term expired).
Trustees for a term to expire August 31, 2021, Gregory A. "Greg"
Gibson, Ed.D. of Schertz (replacing Frances "Nanette" Sissney of
Whitesboro whose term expired).
Trustees for a term to expire August 31, 2021, Christopher S. "Chris"
Moss of Lufkin (Mr. Moss is being reappointed).
Appointed to the Automobile Burglary and Theft Prevention Authority
for a term to expire February 1, 2021, Thomas J. "Tommy" Hansen,
Jr. of Hitchcock (replacing Mark H. Wilson of Brandon whose term
expired).
Appointed to the Automobile Burglary and Theft Prevention Authority for a term to expire February 1, 2021, Armin R. Mizani of Keller
(replacing Margaret "Jerry" Wright of El Paso whose term expired).
Appointed as the Student Representative for the Texas Higher Education Coordinating Board, effective June 1, 2016, for a term to expire
May 31, 2017, Haley E.R. DeLaGarza of Victoria (replacing Christina
N. Delgado of Lubbock whose term expired).
Appointed as the Student Regent for the Texas A&M University System Board of Regents, effective June 1, 2016, for a term to expire May
31, 2017, Stephanie Y. Martinez of Laredo (replacing Alvaro G. "Gabe"
Pereira of College Station whose term expired).
2017, Lindsey R. Shelley of Fort Worth (replacing Megan Piehler of
Plano whose term expired).
Appointed as the Student Regent for Stephen F. Austin State University
Board of Regents, effective June 1, 2016, for a term to expire May
31, 2017, Chad A. Huckaby of Nacogdoches (replacing Ryan BrownMoreno of Plano whose term expired).
Appointed as the Student Regent for Texas Southern University Board
of Regents, effective June 1, 2016, for a term to expire May 31, 2017,
Tramauni Brock of Mansfield (replacing Dominique D. Calhoun of
Houston whose term expired).
Appointed as the Student Regent for the Texas State University System
Board of Regents, effective June 1, 2016, for a term to expire May 31,
2017, Dylan J. McFarland of Frisco (replacing Spencer A. Copeland of
San Antonio whose term expired).
Appointed as the Student Regent for the Texas Tech University System
2017, Jeremy W. Stewart of Arlington (replacing Victoria R. Messer of
Lubbock whose term expired).
Appointed as the Student Regent for Texas Woman's University Board
of Regents, effective June 1, 2016, for a term to expire May 31, 2017,
Monica E. Mathis of Sherman (replacing Neftali Gomez of Dallas
whose term expired).
Appointed as the Student Regent for the University of Houston System
Board of Regents, effective June 1, 2016, for a term to expire May
31, 2017, Joshua Freed of Cypress (replacing Garrett H. Hughey of
Houston whose term expired).
Appointed as the Student Regent for the University of North Texas
System Board of Regents, effective June 1, 2016, for a term to expire
May 31, 2017, Christopher T. Lee of Houston (replacing Courtny N.
Haning of Kaufman whose term expired).
Appointed as the Student Regent for the University of Texas System
2017, Varun Pokkamthanam Joseph of McKinney (replacing Justin A.
Drake of Galveston whose term expired).
Appointed to the Texas State Board of Acupuncture Examiners for a
term to expire January 31, 2021, Daniel M. "Dan" Brudnak, M.D. of
Gorman (replacing Ray Ximenes of Austin whose term expired).
term to expire January 31, 2021, Suehing Yee "Sue" Chiang of Sugar
Land (Ms. Chiang is being reappointed).
term to expire January 31, 2021, Peggy L. "Lew" Vassberg of Lyford
(replacing Linda Wynn Drain of Lucas whose term expired).
Appointed as the Student Regent for Midwestern State University
GOVERNOR
June 3, 2016
41 TexReg 3965
Appointed to the Texas Board of Professional Engineers for a term to
expire September 26, 2021, Lamberto J. "Bobby" Balli of San Antonio
(Mr. Balli is being reappointed).
Pursuant to Occupations Code Section 604.022, appointed to the Texas
Board of Respiratory Care for a term to expire February 1, 2019, Debra
E. Patrick of Tomball.
expire September 26, 2021, Albert L. Cheng of Houston (replacing
Carry A. Baker of Amarillo whose term expired).
Board of Respiratory Care for a term to expire February 1, 2019, James
M. "Jim" Stocks, M.D. of Tyler.
expire September 26, 2021, Catherine H. "Cathy" Norwood of Midland
(replacing James Alan "Jim" Greer of Keller whose term expired).
Board of Respiratory Care for a term to expire February 1, 2021, Timothy R. "Tim" Chappell, M.D. of Plano.
Board of Respiratory Care for a term to expire February 1, 2021, Sam
G. "Gregg" Marshall, Ph.D. of New Braunfels.
Appointed to the Texas Commission of Licensing and Regulation for
a term to expire February 1, 2021, Mike Arismendez, Jr. of Littlefield
(Mr. Arismendez is being reappointed).
Appointed to the Texas Commission of Licensing and Regulation for a
term to expire February 1, 2021, Helen Callier of Kingwood (replacing
LuAnn Roberts Morgan of Midland whose term expired).
Board of Respiratory Care for a term to expire February 1, 2021, Kandace D. "Kandi" Pool of San Angelo.
Appointed to the Texas Commission of Licensing and Regulation for a
term to expire February 1, 2021, Richard S. "Rick" Figueroa of Brenham (replacing Fred N. Moses of Plano whose term expired).
Pursuant to Government Code Sec. 470.003, appointed to the Advisory
Council on Cultural Affairs, for a term to expire February 1, 2017, Lisa
A. Hembry of Dallas.
Appointed to the Texas Board of Architectural Examiners for a term
to expire January 31, 2019, Anthony A. Giuliani of El Paso (replacing
William D. "Davey" Edwards of Alvord who resigned).
Council on Cultural Affairs, for a term to expire February 1, 2017,
Mohammed "Ali" Zakaria of Sugar Land.
Appointed as the Chief Administrative Law Judge for a term to expire May 15, 2018, Lesli G. Ginn of Austin (Ms. Ginn is being reappointed).
Steven N. Nguyen, O.D. of Irving. Dr. Nguyen will serve as vicechairman of the council.
Appointed to the Gulf Coast Waste Disposal Authority Board of Directors for a term to expire August 31, 2017, Nancy C. Blackwell of
Spring (replacing Gloria A. Matt of Houston whose term expired).
Board of Respiratory Care for a term to expire February 1, 2017, Latana
T. Jackson-Woods of Cedar Hill.
Board of Respiratory Care for a term to expire February 1, 2017, Shad
J. Pellizzari of Cedar Park.
Board of Respiratory Care for a term to expire February 1, 2017, Sonia
K. Sanderson of Beaumont.
Board of Respiratory Care for a term to expire February 1, 2019, Joe
Ann Clack of Missouri City. Ms. Clack will serve as presiding officer
of the board.
41 TexReg 3966
June 3, 2016
Texas Register
Council on Cultural Affairs, for a term to expire February 1, 2019, Juan
G. Ayala of New Braunfels.
Ruth Ruggero Hughs of Austin. Commissioner Hughs will serve as
chairman of the council.
Robert "Bryan" Daniel of Georgetown.
Veronica "Ronnye" Vargas Stidvent of Austin.
Greg Abbott, Governor
TRD-201602604
♦
♦
♦
Opinions
Opinion No. KP-0091
Opinion No. KP-0089
Ms. Christina Moreno
Mr. Ronald Kubecka
Bandera County Auditor
President and Chair
Post Office Box 563
Lavaca-Navidad River Authority
Bandera, Texas 78003
Post Office Box 429
Re: Whether article III, section 52 of the Texas Constitution prohibits a
county from providing financial assistance to a nonprofit organization
(RQ-0079-KP)
Edna, Texas 77957
Re: Whether river authorities may adopt regulations that prohibit the
possession of firearms on river authority parklands (RQ-077-KP)
SUMMARY
Chapter 25 of the Parks and Wildlife Code does not authorize a river
authority to adopt regulations that prohibit the open carry of handguns
on river authority parklands.
Opinion No. KP-0090
Mr. Billy M. Doherty
Austin County Auditor
1 East Main Street
Bellville, Texas 77418
Re: What qualifies as a "judicial function" of a county judge such that
the judge may claim a state salary supplement under section 26.006 of
the Government Code (RQ-0078-KP)
SUMMARY
When a county judge is exercising criminal or civil jurisdiction as authorized by chapter 26 of the Government Code, the county judge is
performing a judicial function for purposes of section 26.006.
To the extent that a county auditor has concerns regarding an improperly requested salary supplement under Government Code section
26.006, the auditor should confer with the Comptroller of Public
Accounts regarding disbursing the supplement.
SUMMARY
A county entering into an agreement with Boys and Girls Clubs to provide the organizations funding will not violate article III, subsection
52(a) of the Texas Constitution as long as the county (1) ensures that the
transfer is to accomplish a public purpose of the county, not to benefit
private parties; (2) retains public control over the funds to ensure that
the public public purpose is accomplished and to protect the public's
investment; and (3) ensures that the county receives a return benefit.
To the extent that the Boys and Girls Clubs of Bandera County provide services and support to children in need of protection and care,
section 264.006 of the Family Code authorizes Bandera County to provide financial assistance to the organizations in furtherance of a statutory public purpose of the county, so long as the other constitutional
requirements are met.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-201602571
Amanda Crawford
General Counsel
Filed: May 25, 2016
♦
ATTORNEY GENERAL
♦
June 3, 2016
♦
41 TexReg 3967
TITLE 16. ECONOMIC REGULATION
local government as a result of enforcing or administering the
proposed rule.
PART 4. TEXAS DEPARTMENT OF
LICENSING AND REGULATION
CHAPTER 60. PROCEDURAL RULES OF THE
COMMISSION AND THE DEPARTMENT
SUBCHAPTER B. POWERS AND
RESPONSIBILITIES
16 TAC §60.24
The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas
Administrative Code (TAC) Chapter 60, Subchapter B, §60.24,
regarding the Procedural Rules of the Commission and the
Department.
Senate Bill 202, 84th Legislature, Regular Session (2015),
transferred seven programs from the Texas Department of
State Health Services to the Department to include, Athletic
Trainers, Dietitians, Hearing Instrument Fitters and Dispensers,
Licensed Dyslexia Therapists and Practitioners, Midwives,
Orthotists and Prosthetists and Speech-Language Pathologists
and Audiologists. In addition, House Bill 1786, 84th Legislature,
Regular Session (2015), transferred driver and traffic safety education from the Texas Education Agency and the Department
of Public Safety to the Department. Lastly, House Bill 3315,
84th Legislature, Regular Session (2015), changed the Medical
Advisory Committee to the Combative Sports Advisory Board.
The proposed amendments primarily update the list of Advisory
Boards to include the additional advisory boards added from
program transfers. The proposed amendments are necessary
to comply with Texas Government Code, §2110.008.
The proposed amendments to §60.24 add the Advisory Board
of Athletic Trainers, Driver Training and Traffic Safety Advisory
Committee, Dietitians Advisory Board, Dyslexia Therapists and
Practitioners Advisory Committee, Hearing Instrument Fitters
and Dispensers Advisory Board, Midwives Advisory Board, Orthotists and Prosthetists Advisory Board and Speech-Language
Pathologists and Audiologists Advisory Board with respective
abolishment dates. Editorial changes are also made to renumber and rename the section to accurately represent all advisory
boards, committees and councils.
William H. Kuntz, Jr., Executive Director, has determined that
for the first five-year period the proposed amendments are in
effect there will be no direct cost to state or local government as
a result of enforcing or administering the proposed rule. There
is no estimated decrease or increase in revenue to the state or
Mr. Kuntz also has determined that for each year of the first fiveyear period the proposed amendments are in effect, the public
will benefit by having experienced and knowledgeable personnel
to offer insight for the regulated programs through the advisory
boards.
There will be no anticipated economic effect on small and microbusinesses that are required to comply with the rule as proposed.
Since the agency has determined that the proposed amendments will have no adverse economic effect on small or microbusinesses, preparation of an Economic Impact Statement and
a Regulatory Flexibility Analysis, under Texas Government Code
§2006.002, is not required.
Comments on the proposal may be submitted by mail to Pauline
Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711; or by facsimile to (512) 475-3032; or electronically
to erule.comments@tdlr.texas.gov. The deadline for comments
is 30 days after publication in the Texas Register.
The amendments are proposed under Texas Occupations Code,
Chapter 51, which authorize the Commission, the Department's
governing body, to adopt rules as necessary to implement these
chapters and any other law establishing a program regulated by
the Department.
In addition, the following statutes establishing advisory
boards/committees/councils are affected: Texas Agriculture
Code, Chapters 301 and 302 (Weather Modification and Control); Texas Health and Safety Code, Chapters 754 (Elevators,
Escalators, and Related Equipment) and 755 (Boilers); Government Code, Chapter 469 (Elimination of Architectural Barriers);
and Texas Occupations Code Chapters 203 (Midwives), 401
(Speech-Language Pathologists and Audiologists), 402 (Hearing Instrument Fitters and Dispensers), 403 (Licensed Dyslexia
Practitioners and Licensed Dyslexia Therapists), 451 (Athletic
Trainers), 605 (Orthotists and Prosthetists), 701 (Dietitians), 802
(Dog or Cat Breeders), 1151 (Property Tax Professionals), 1152
(Property Tax Consultants), 1302 (Air Conditioning and Refrigeration Contractors), 1305 (Electricians), 1601 (Barbers), 1602
(Cosmetologists), 1603 (Regulation of Barbering and Cosmetology), 1703 (Polygraph Examiners), 1802 (Auctioneers), 1901
(Water Well Drillers), 1902 (Water Well Pump Installers), 2052
(Combative Sports), 2303 (Vehicle Storage Facilities), 2306
(Vehicle Protection Product Warrantors), 2308 (Vehicle Towing
and Booting), and 2309 (Used Automotive Parts Recyclers). No
other statutes, articles, or codes are affected by the proposal.
PROPOSED RULES
June 3, 2016
41 TexReg 3969
The statutory provisions affected by the proposal are those set
forth in Texas Occupations Code, Chapter 51. No other statutes,
articles, or codes are affected by the proposal.
§60.24. Advisory Boards.
(a) - (b) (No change.)
(c) In accordance with Texas Government Code, §2110.008,
the commission establishes the following periods during which the advisory boards listed will continue in existence. The automatic abolishment date of each advisory board will be the date listed for that board
unless the commission subsequently establishes a different date:
(1)
Advisory Board of Athletic Trainers--09/01/2024;
(2)
[(1)] Advisory Board on Barbering--09/01/2024;
(3)
[(2)] Advisory Board on Cosmetology--09/01/2024;
(4) [(3)]
tee--09/01/2024;
Architectural
Barriers
Advisory
Commit-
(24) [(17)]
cil--09/01/2024; and
Water
Well
Drillers
Advisory
(25) [(18)] Weather Modification Advisory Committee--09/01/2024.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May 23, 2016.
TRD-201602488
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 3, 2016
For further information, please call: (512) 463-8179
♦
♦
♦
(5) [(4)] Air Conditioning and Refrigeration Contractors
Advisory Board--09/01/2024;
TITLE 22. EXAMINING BOARDS
(6)
09/01/2024;
PART 16. TEXAS BOARD OF
PHYSICAL THERAPY EXAMINERS
[(5)]
Auctioneer
Education
Advisory
Board--
(7)
[(6)] Board of Boiler Rules--09/01/2024;
(8)
Combative Sports Advisory Board--09/01/2024;
(9)
Dietitians Advisory Board--09/01/2024;
(11)
-09/01/2024;
(12)
Breeders
Advisory
Commit-
[(8)] Electrical Safety and Licensing Advisory Board[(9)] Elevator Advisory Board--09/01/2024;
(13) Hearing Instrument Fitters and Dispensers Advisory
Board--09/01/2024;
(14)
Licensed Breeders Advisory Committee--09/01/2024;
(15)
Midwives Advisory Board--09/01/2024;
(16)
09/01/2024;
Orthotists
and
Prosthetists
Advisory
Board--
[(10) Medical Advisory Committee--09/01/2024;]
(17)
(18)
09/01/2024;
[(11)] Polygraph Advisory Committee--09/01/2024;
[(12)] Property Tax Consultants Advisory Council--
(19) Speech
gists--09/01/2024;
Language
Pathologists
and
Audiolo-
(20)
09/01/2024;
[(13)] Texas Tax Professional Advisory Committee--
(21)
-09/01/2024;
[(14)] Towing, Storage, and Booting Advisory Board-
(22) [(15)] Used Automotive Parts Recycling Advisory
Board--09/01/2024;
(23) [(16)] Vehicle Protection Product Warrantor Advisory
Board--09/01/2024;
41 TexReg 3970
June 3, 2016
CHAPTER 322.
PRACTICE
22 TAC §322.1
(10) Dyslexia Therapists and Practitioners Advisory Committee--09/01/2024;
[(7) Licensed
tee--09/01/2024;]
Coun-
Texas Register
The Texas Board of Physical Therapy Examiners proposes an
amendment to §322.1, concerning Provision of Services.
The amendment is proposed to add the requirement for direct
physical therapist-to-patient interaction during the reevaluation
process and to eliminate the requirement for a reexamination of
the patient which implies completion of a comprehensive screening and testing process including patient history, systems review,
and tests and measures.
John P. Maline, Executive Director, has determined that for the
first five-year period these amendments are in effect there will
be no additional costs to state or local governments as a result
of enforcing or administering these amendments and that there
will be no adverse effect on public safety.
Mr. Maline has also determined that for each year of the first
five-year period these amendments are in effect there will be no
adverse effect on public safety as "physical therapist-to-patient
interaction" during a reevaluation will still be required.
Mr. Maline has determined that there will be no costs or adverse economic effects to small or micro businesses, therefore
an economic impact statement or regulatory flexibility analysis is
not required for the amendment. There are no anticipated costs
to individuals who are required to comply with the rule as proposed.
Comments on the proposed amendments may be submitted
to Karen Gordon, PT Coordinator, Texas Board of Physical
Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin,
Texas 78701; email: karen@ptot.texas.gov. Comments must
be received no later than 30 days from the date this proposed
amendment is published in the Texas Register.
The amendments are proposed under the Physical Therapy
Practice Act, Title 3, Subtitle H, Chapter 453, Texas Occupations
Code, which provides the Texas Board of Physical Therapy
Examiners with the authority to adopt rules consistent with this
Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Texas Occupations Code is affected by these amendments.
§322.1.
Provision of Services.
(a) - (c)
(d)
(No change.)
Reevaluation.
(1) Provision of physical therapy treatment by a PTA or an
aide may not continue if the PT has not performed a reevaluation:
(A) at a minimum of once every 60 days after treatment
is initiated, or at a higher frequency as established by the PT; and
(B) In response to a change in the patient's medical status that affects physical therapy treatment, when a change in the physical therapy plan of care is needed, or prior to any planned discharge.
(2)
A reevaluation must include:
(A) Direct physical therapist-to-patient interaction; [An
onsite reexamination of the patient;] and
(B) A review of the plan of care with appropriate continuation, revision, or termination of treatment
(e)
(No change.)
to adopt.
Hemant Makan, Executive Director, has determined that for each
year of the first five years the rule is in effect, there will be no fiscal
implications for state or local government as a result of adopting
the section.
Mr. Makan has also determined that for each year of the first
five years the rule is in effect, the public benefit anticipated as
a result of adopting the amendments for §371.3 will be to safeguard against prescription fraud and drug diversion by allowing
podiatric prescribers the ability to access the Texas State Board
of Pharmacy's Prescription Drug Monitoring Database.
There will be no effect on small or micro-businesses. The minimal cost to persons (i.e., licensees) who are required to comply
with the amendments to §371.3 will be $10.00.
Comments on or about the amendments may be submitted to
Hemant Makan, Executive Director, Texas State Board of Podiatric Medical Examiners, P.O. Box 12216, Austin, Texas 787112216, Hemant.Makan@tsbpme.texas.gov.
The amendments are being proposed under Texas Occupations
Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to adopt reasonable
or necessary rules and bylaws consistent with the law regulating
the practice of podiatry, the laws of this state, and the law of the
United States to govern its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law
regulating the practice of podiatry.
The proposed change for §371.3 implements Texas Occupations
Code §202.153, Fees.
§371.3. Fees.
TRD-201602480
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
(a) The fees set by the Board and collected by the Board must
be sufficient to meet the expenses of administering the Podiatric Medical Practice Act, subsequent amendments, and the applicable rules and
regulations.
♦
♦
(b)
(1) Examination--$250 plus $39 fee for HB660 (criminal
history record information)
♦
(2) Re-Examination--$250 plus $39 fee for HB 660 (criminal history record information)
PART 18. TEXAS STATE BOARD OF
PODIATRIC MEDICAL EXAMINERS
CHAPTER 371.
LICENSURE
Fees are as follows:
(3) Temporary License--$125
EXAMINATION AND
22 TAC §371.3
The Texas State Board of Podiatric Medical Examiners proposes
amendments to §371.3, concerning Fees. The amendments to
§371.3 are being proposed to cover the requirements of Senate
Bill 195 (84th Texas Legislature; relating to prescriptions for certain controlled substances, access to information about those
prescriptions, and the duties of prescribers and other entities
registered with the Federal Drug Enforcement Administration;
authorizing fees) which requires the board to assess or increase
fees sufficient to generate during FY 2017 $10,000.00 in funds
to be transferred to the Texas State Board of Pharmacy to administer the Prescription Drug Monitoring Program.
Texas Occupations Code §202.153, Fees, states that the board
by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.
(4)
Extended Temporary License--$50
(5)
Temporary Faculty License--$40
(6)
Provisional License--$125
(7) Initial Licensing Fee--$534.00 [$524] (i.e. $514 plus
$5 TXOL fee, plus $5 "Initial" Office of Patient Protection fee for Texas
Occupations Code (TOC) §202.301 and TOC §101.307, plus $10.00
SB195/84th fee)
(8) Annual Renewal--$530.00 [$520] (i.e. $514 plus $5
TXOL fee, plus $1 "Renewal" Office of Patient Protection fee for TOC
§202.301 and TOC §101.307, plus $10.00 SB195/84th fee)
(9) Renewal Penalty--as specified in Texas Occupations
Code, §202.301(d)
(10)
Non certified podiatric technician registration--$35
(11) Non certified podiatric technician renewal--$35
(12) Hyperbaric Oxygen Certificate--$25
(13) Nitrous Oxide Registration--$25
PROPOSED RULES
June 3, 2016
41 TexReg 3971
(14)
Duplicate License--$50
(15) Copies of Public Records--The charges to any person
requesting copies of any public record of the Board will be the charge
established by the appropriate state authority. The Board may reduce
or waive these charges at the discretion of the Executive Director if
there is a public benefit.
(16)
Statute and Rule Notebook--provided at cost to the
agency
(17)
Duplicate Certificate--$10
(18)
HB 660 (criminal history record information)--$39
(19) Recovery Fee--An additional $100 charge may be
applied for processing special requests exceeding standard application/service costs (e.g. examination rescheduling, excessive/amended
document reviews, obtaining legal/court documentation, criminal
history evaluation letters, etc.).
to adopt.
TRD-201602504
Hemant Makan
Executive Director
Texas State Board of Podiatric Medical Examiners
♦
♦
♦
TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE
HEALTH SERVICES
CHAPTER 73.
LABORATORIES
25 TAC §73.54, §73.55
The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health
Services (department), proposes amendments to §73.54 and
§73.55 concerning fee schedules for clinical testing, newborn
screening, and chemical analysis.
laboratory services, including updating and implementing a documented cost allocation methodology that determines reasonable costs for the provision of laboratory tests; and (2) analyze
the department's costs and update the fee schedule as needed
in accordance with Texas Health and Safety Code, §12.032(c).
In a past rulemaking action (adopted October 2012), the Laboratory Services Section (LSS) developed and documented a
cost accounting methodology and determined the costs for each
test listed in the fee schedule. The methodology for determining
the cost per test included calculating the specific costs of performing a test or analysis, and the administrative and overhead
costs necessary to operate the state laboratories in question. It
is these figures together which determined the fee amount for
each of the tests in these fee schedules. In order to determine
the specific cost for each test or analysis, the LSS performed a
work load unit study for every procedure or test offered by the
laboratory. A "work load unit" is defined as a measurement of
staff time, consumables, and testing reagents required to perform each procedure from the time the sample enters the laboratory until the time the results are reported. More than 3,000
procedures performed by the department's LSS were included
in this analysis. These procedures translated to approximately
700 different tests listed in the department fee schedule. It was
understood at that time that the department would need to make
periodic subsequent changes to its fee schedule in the rules in
order to reflect changes in actual cost over time. Whenever such
rulemaking actions are proposed, they employ the same fee calculation methodology mandated by law in 2011. In the current
rulemaking proposal, this same approach was employed on a
much smaller number of tests.
Currently, the Newborn Screening (NBS) Program is not able to
recover the cost of testing and follow-up on abnormal screens
because the cost to perform these activities is far more than is
represented by the current fee of $33.60, the 10th lowest fee in
the United States. An increase of the NBS fee to $55.24 would
make Texas' fee the 13th lowest in the nation. The NBS fee is
composed of LSS and clinical care coordination costs. In addition to the components included in the cost accounting module
reference in the Background and Purpose, clinical care coordination costs for care coordination at the department's central office,
case management in health service regions, and client benefits
are also included in the fee for NBS. The LSS portion of the fee
is $48.67, and the clinical care coordination portion is $6.57.
There are many factors that contributed to the need for an increased fee for the NBS panel.
BACKGROUND AND PURPOSE
-NBS testing panel costs have not been reviewed since 2011.
This rule package concerns fees for laboratory services--specifically, fee schedules for clinical testing, newborn screening, and
chemical analysis.
-Cost to add severe combined immunodeficiency (SCID) screening in 2012 was an estimate. A work-load unit study was done
recently to determine the exact direct cost.
The proposed amendments to §73.54 and §73.55 are necessary
to update the fee schedules to incorporate new laboratory tests,
adjust fees associated with testing, and delete low volume laboratory tests that are no longer performed by the department.
"Low volume" tests are defined as tests that were ordered less
than 100 times in fiscal year 2015, and are not considered core
public health tests. These "low volume" tests are readily available at commercial laboratories.
-Increase in testing reagents and consumables costs for NBS
testing.
The department uses a standardized formula to set fees to reflect
the current actual costs. Senate Bill (SB) 80, 82nd Legislature,
Regular Session, 2011, required that the department: (1) develop, document, and implement procedures for setting fees for
41 TexReg 3972
June 3, 2016
Texas Register
--Contract with the vendor has increased 9.88% since 2011.
--Costs for SCID screening reagents/consumables have increased up to 22.30% since implementation in 2012.
-Correction of a previous calculation error for tandem mass spectrometry screening reagent costs and addition of costs for tandem mass spectrometry instrument replacement consumables:
an increase of $3.25 per specimen.
-Inclusion of the cost for 2nd tier DNA analysis tests: an increase
of $1.50 per specimen.
-Addition of secondary targets to the NBS panel.
-Increase in overall operating costs, including salary, fringe,
charity testing, server, and indirect costs.
-The NBS Program uses public health services fees to fund clinical care coordination at the department's central office, case
management in Health Service Regions, and client benefits. The
expenditures have increased over 75% from $1,007,394 in Fiscal Year 2011 to $1,770,253 in Fiscal Year 2015. The NBS Program has consulted with the department's Budget Section staff
to identify that $1.8 million in the public health service fees will
be needed to continue existing services.
The proposed amendments comport with Texas Health and
Safety Code, §12.031, §12.032, and §12.0122 that allow the department to charge fees to a person who receives public health
services from the department, with fee amounts set to recover
the department's costs for performing laboratory services.
SECTION-BY-SECTION SUMMARY
Existing §73.54(a)(1)(A)(i) is proposed to be amended by updating the fee from $33.60 to $55.24. There are several factors
that contributed to this proposed fee increase as described in the
Background and Purpose Section of this preamble.
The low volume tests in existing §73.54(a)(1)(B)(ii), (II) glucose
post prandial (1 hour), (III) glucose post prandial (2 hour), (V)
glucose tolerance test 1 hour, (VI) glucose tolerance test 2 hour,
and (VII) glucose tolerance test 3 hour are proposed for deletion
to make more efficient use of the LSS staff as the tests are no
longer offered and will lower operational costs. The remaining
subclause would be renumbered accordingly.
Existing §73.54(a)(1)(C)(i) is proposed to be amended by increasing the fee for Cystic fibrosis mutation panel from $147.22
to $175.19. This increase is due to increased costs associated
with testing.
Existing §73.54(a)(1)(C)(ii) is proposed to be amended by increasing the fees for (I) HbS, HbC, HbE, HbD, or HbO-Arab
from $186.84 to $255.72; (II) common beta-thalassemia mutation from $213.21 to $287.66; and (III) beta-globin gene sequencing from $783.42 to $1054.24. This increase is due to increased costs associated with testing.
Existing §73.54(a)(1)(C)(iii) is proposed to be amended by updating the fee for Galactosemia common mutation panel from
$383.21 to $529.03. This increase is due to increased costs associated with testing.
Existing §73.54(a)(1)(C)(vi) is proposed to be amended by
increasing the fee for Medium chain acyl-CoA dehydrogenase
deficiency (MCAD), common mutation panel from $280.79 to
$374.95. This increase is due to increased costs associated
with testing.
New §73.54(a)(2)(A)(xviii) Whole Genome Sequencing is proposed to add new subclause (I) Gram Negative with a fee of
$318.64 and subclause (II) Gram Positive with a fee of $329.37.
Existing §73.54(a)(2)(B)(ii)(II), (VI), (VII) and (IX) are proposed
to be renamed. Subclause (II) Arsenic in urine, ICP-DRC-MS
(Dynamic reaction cell), MS was moved from the end of the test
name and added to the method for better clarity. Subclauses
(VI) Metals in blood and (VII) Metals in urine are proposed to
remove the metals list from the name of the tests. The testing
platform for both tests allow for multiple metals to be tested without a fee change. This proposed change will allow the LSS to
add metals or remove metals to meet customer needs in real
time. Subclause (IX) is proposed to be amended by updating
the name to Tetramine, gas chromatography/mass selection detector (GC/MS). These updates will accurately reflect the current
testing method.
Existing §73.54(a)(2)(C)(i)(I)(-a-) is proposed for deletion. This
Blood culture test is a low volume test, and the instrument for
the testing is no longer operational. This low volume test is proposed for deletion to make more efficient use of the LSS staff and
to lower operational costs. The existing items would be renumbered accordingly.
New §73.54(a)(2)(D)(v) is proposed to add a new test Microfilariae identification, with a fee of $46.52.
Existing
§73.54(a)(2)(D)(v)(IV) is proposed to be deleted. This low
volume tissue preparation test is proposed for deletion to make
more efficient use of the LSS staff and to lower operational
costs. The remaining clauses and subclauses would be renumbered accordingly.
New §73.54(a)(2)(E)(iv), (v), and (viii) are proposed to add three
new tests (iv) Chagas, IgG with a fee of $27.68, (v) Chikungunya,
IgM with a fee of $74.72, and (viii) Emerging Disease, IgM with
a fee of $74.72. These tests are being added to support the
department's public health efforts. The remaining clauses would
be renumbered accordingly.
Existing §73.54(a)(2)(E)(xi)(I) is proposed to be amended by updating the name of the test to "serum, confirmation" to more accurately identify the test and by updating the fee from $40.74 to
$83.74. This price increase is due to a change in testing methodology.
Existing §73.54(a)(2)(F) is proposed to delete two low volume tests (i) Adenoviruses, PCR and (ix)(II) PCR. Existing
§73.54(a)(2)(F) is to be further amended by restructuring the
clause to read (ix) Enterovirus, DFA with its current fee of
$162.96. A new test was added in new §73.54(a)(2)(F)(ii)
Chikungunya real time, RT-PCR, with a fee of $145.02. Existing
§73.54(a)(2)(F) is also proposed to increase the fees for (viii)
Emerging Disease, PCR from $116.22 to $137.31 and (xii)
Norovirus (Norwalk-like virus) PCR from $55.77 to $162.96.
The fee for (xvi) Respiratory viral panel, PCR is decreased from
$167.13 to $149.82. These fees would reflect the true costs to
perform the tests.
New §73.54(b)(6)(A)(vi) is proposed to be amended by adding
a new test Nucleic acid amplification for Mycobacterium tuberculosis (M. tuberculosis) complex with a fee of $166.70. The
remaining clause would be renumbered accordingly.
Existing §73.54(c)(3)(A)(i) is proposed to be restructured to read
(i) Bacillus identification with the current fee of $101.16. This proposed amendment will correct the spelling of the test name and
remove low volume test (ii) enumeration, most probable number
(MPN). Also proposed for deletion due to low volume tests are
§73.54(c)(3)(C) Yeast and mold and (D) enumeration and standard plate count. These low volume tests are proposed for deletion to make more efficient use of laboratory staff and to lower
operational costs.
New §73.54(c)(6)(A)(iii) and (iv) are proposed to add two new
tests, (iii) PCR Emerging, Non-clinical testing Aedes with a fee
of $17.20 and (iv) PCR Emerging, Non-clinical testing Culex with
a fee of $16.58. The remaining clauses would be renumbered
accordingly.
PROPOSED RULES
June 3, 2016
41 TexReg 3973
New §73.55(2)(A)(i)(XV) is proposed to be amended by adding
a new test for (XV) cyanide, free, SM, 20th edition, 4500-CN-F
with a fee of $113.43.
Existing §73.55(2)(A)(ii) is proposed to be amended by updating
the name of the test to Routine water mineral group, EPA methods 300.0, and 353.2, and SM, 19th edition, 2320B, 2510B and
2540C, and decreasing the fee from $106.39 to $102.25. This
proposed change is to remove the pH test from the method. The
pH test in now performed in the field and is no longer performed
at the LSS.
Existing §73.55(2)(C) is proposed to be amended by adding new
tests in clauses (viii) haloacetic acids, EPA method 552.3 with a
fee of $45.34, (xiii) semi-volatile organic compounds by GC-MS,
EPA method 525.3 with a fee of $120.88, and (xvii) volatile organic compounds VOCs by GC-MS, EPA method 524.3 with a
fee of $56.42.
FISCAL NOTE
Dr. Grace Kubin, Director, LSS, has determined that for each
year of the first five years the sections are in effect, there will
be fiscal implications to the state as a result of administering the
sections as proposed. It is impossible to predict the volume of
testing that the LSS will receive under a revised fee schedule
as well as the actual resulting revenues, but this rulemaking proposal reflects the fee calculation methodology derived and implemented in the large recently-completed rulemaking action which
revised the entire department laboratory fee schedule, consistent with SB 80, 82nd Legislature, Regular Session, 2011. SB
80 requires the LSS to develop and document a cost accounting methodology to determine costs for each test performed.
Because the proposed rulemaking would reduce fees for some
tests, the volume of those same tests may increase and thus result in a net increase in revenue. Some fees are being lowered
to reflect cost savings the department recently realized through
changes in technology or increased volume. Some fees are proposed to be increased due to the true costs that the department
incurs when performing these tests. Increased fees would result
in increased revenues to the department unless the increased
results in a substantial decrease of orders for that test.
The exception to this assessment is the NBS panel fee. NBS is
a mandated test, and the LSS performed 788,612 tests last year.
Approximately 36% of all screening kits were private pay. The
proposed increased fee for private pay kits would generate approximately $6.1 million in revenue each year for the department
to cover the cost of testing to comply with SB 80, 82nd Legislature, Regular Session, 2011.
MICRO-BUSINESS AND SMALL BUSINESSES IMPACT
ANALYSIS
Dr. Kubin has also determined that there may be an economic effect on those small or micro-businesses who submit specimens
or samples to the LSS for analysis. The LSS does not collect
information on our submitters but knows that a variety of entities
and a few individuals approach the department to purchase laboratory services. The LSS does not collect information on the
size of a submitter's business, and so it does not have direct
data at hand to definitely determine what percentage of its usual
submitters are small or micro-businesses.
As discussed previously in the Background and Purpose Section, the proposed modifications are to adjust fees, which update the entirety of the LSS fee schedule consistent with SB 80.
The adjusted fee amounts would properly reflect the methodol-
41 TexReg 3974
June 3, 2016
Texas Register
ogy used in a previous rulemaking action, which was designed
to recoup the departments costs related to providing the services
in its laboratories. Some of these proposed amendments would
decrease fee amounts for specific tests while others would increase fees. Actual impact for a particular submitter, would be
determined by the test the submitter orders and thus may have
an adverse economic impact on a small or micro-businesses.
Since there is a proposed increase in the mandated NBS fee,
this will potentially impact all submitters who submit newborn
screens for testing (i.e., anyone who might order this test, alone
or in combination with other tests), the department analysis under the Economic Impact Statement in this preamble will also
serve to satisfy the Small Business Impact Analysis required by
Texas Government Code, §2006.002(a).
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL
EMPLOYMENT
The LSS does not collect information on the size of a submitter's
business, and so it does not have direct data at hand to definitely
determine what percentage of its usual submitters are small or
micro-businesses. However, the department has made an estimate, using an approach suggested in the Texas Office of the
Attorney General guidance document associated with House Bill
3430 of the 80th, Regular Legislative Session in 2007. A review
of The North American Industry Classification System (NAICS)
on the U.S. Census Bureau website revealed four classifications
that appear to represent all the submitter types for the LSS. Specific information on the number of small businesses listed for
each of these codes was found on the Texas Comptroller of Public Accounts website. The NAICS codes that represent submitters to the LSS include: "6221" - General Medical and Surgical
Hospitals (364 businesses listed of which 56 are defined as small
businesses), "6214"- Outpatient Care Centers (578 businesses
listed of which 442 are defined as small businesses), and "6223"
- Specialty (except Psychiatric and Substance Abuse) Hospitals
(116 businesses listed of which 80 are defined as small businesses). The total number of businesses listed for these three
classification codes is 1058. Of that number, only 578 of the businesses listed (physician, clinics, and hospitals) are small businesses that could be affected by these proposed rule amendments.
The department believes that most of these 578 small or micro-businesses are contractors for department programs such
as Texas Health Steps and HIV Prevention. Therefore, the
economic impact would be to the department program which
engages each contractor, and it is those department programs
which would ultimately have to absorb the fee increases.
Subtracting these contractors from the total, the department
believes this leaves a much smaller number of non-department
contractor small and micro-businesses that could be impacted
by any fee increases.
Again, the exception would be the NBS panel fee since it is a
mandated test for all clinicians overseeing the birth of a newborn.
The department does not know the private business model for all
NBS submitters but believes that there may be an adverse impact on the small or micro-business or person until the business
or person can renegotiate their contract with private third party
payors for reimbursement of the NBS testing kits.
There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Dr. Kubin has also determined that for each year of the first five
years the sections are in effect, the public will benefit from adop-
tion of the sections. The public benefit anticipated as a result of
enforcing or administering the sections will be the continued operation of the department's laboratories, which perform important
public health activities every day. The public would also benefit by the department offering new tests to support core public
health testing. The tests proposed for deletion would lead to
more efficient LSS operations, which also benefits the public.
REGULATORY ANALYSIS
The department has determined that this proposal is not a
"major environmental rule" as defined by Government Code,
§2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
(a)
Tests performed on clinical specimens, Austin Laboratory.
(1)
Biochemistry and genetics.
(A)
Newborn screening.
(i) Newborn screening panel--$55.24 [$33.60].
(Fees are based on the newborn screening specimen collection kit
which is a department approved, bar-coded, FDA approved medical
specimen collection device that includes a filter paper collection device, parent information sheet, specimen storage and use information,
parent disclosure request form, demographic information sheet, and
specimen collection directions with protective wrap-around cover
for the specimen that should be used to submit a newborn's blood
specimen for the first or second screen, repeat or follow-up testing and
which includes the cost of screening.)
(ii) - (iii)
(B) Clinical chemistry.
(i)
(No change.)
(ii)
TAKINGS IMPACT ASSESSMENT
[(II)
glucose post prandial (1 hour)--$8.60;]
[(III)
glucose post prandial (2 hour)--$12.90;]
(II) [(IV)] glucose random--$4.30.[;]
[(V)
PUBLIC COMMENT
LEGAL CERTIFICATION
glucose tolerance test 1 hour--$8.60;]
[(VI) glucose tolerance test 2 hour--$12.90; and]
Comments on the proposal may be directed to Amy Schlabach,
Laboratory Services Section, Mail Code 1947, P.O. Box 149347,
Austin, Texas 78714-9347, (512) 776-6191 or by email at
amy.schlabach@dshs.state.tx.us. Comments will be accepted
for 30 days following the date of publication of this proposal in
the Texas Register.
[(VII)
glucose tolerance test 3 hour--$17.20].
(iii) - (vii)
(No change.)
(C) DNA Analysis.
(i)
Cystic
(ii)
Hemoglobin (Hb) DNA:
fibrosis
mutation
panel--$175.19
[$147.22].
The Department of State Health Services General Counsel, Lisa
Hernandez, certifies that the proposed rules have been reviewed
by legal counsel and found to be within the state agencies' authority to adopt.
(I)
$255.72; [$186.84;]
HbS, HbC, HbE, HbD or HbO-Arab--
(II) common
$287.66; [$213.21;] and
STATUTORY AUTHORITY
The amendments are authorized under Texas Health and Safety
Code, §12.031 and §12.032 which allow the department to
charge fees to a person who receives public health services
from the department; §12.034 which requires the department
to establish collection procedures; §12.035 which requires the
department to deposit all money collected for fees and charges
under §12.032 and §12.033 in the state treasury to the credit
of the department's public health service fee fund; §12.0122
which allows the department to enter into a contract for laboratory services; and Texas Government Code, §531.0055, and
Texas Health and Safety Code, §1001.075, which authorize the
Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the
operation and provision of health and human services by the
department and for the administration of Texas Health and
Safety Code, Chapter 1001.
The amendments affect the Texas Health and Safety Code,
Chapters 12 and 1001; and Texas Government Code, Chapter
531.
Fee Schedule for Clinical Testing and Newborn Screening.
Glucose:
(I) glucose fasting--$4.30; and
The department has determined that the proposed rules do not
restrict or limit an owner's right to his or her property that would
otherwise exist in the absence of a government action and,
therefore, do not constitute a taking under Texas Government
Code, §2007.043.
§73.54.
(No change.)
(III)
beta-thalassemia
mutation--
beta-globin gene sequencing--$1,054.24
[$783.42].
(iii)
$529.03 [$383.21].
Galactosemia
common
mutation
panel--
(iv) Medium chain acyl-CoA dehydrogenase deficiency (MCAD), common mutation panel--$374.95 [$280.79].
(v)
(No change.)
(2) Microbiology.
(A) Bacteriology. Charges for bacteriology testing will
be based upon the actual testing performed as determined by suspect
organisms, specimen type and clinical history provided.
(i) - (xvii)
(xviii)
(I)
(II)
(B)
(No change.)
Whole Genome Sequencing:
Gram Negative--$318.64; and
Gram Positive--$329.37.
Emergency preparedness.
PROPOSED RULES
June 3, 2016
41 TexReg 3975
(i) (No change.)
(ii) Chemical Threat agent Analysis.
(E)
(I) (No change.)
Serology.
(i) - (iii)
(II) Arsenic in urine, ICP-DRC-MS [ICP-DRC]
(Dynamic reaction cell) [MS]--$176.62.
(III) - (V)
(No change.)
Chagas, IgG--$27.68.
(v)
Chikungunya, IgM--$74.72.
(vi)
[(iv)] Cytomegalovirus (CMV):
(I) IgG--$23.23; and
(II) IgM--$24.26.
(VII) Metals in urine [(barium, beryllium, cadmium, lead, thallium, uranium)], ICP/MS--$176.25.
(vii)
(VIII) (No change.)
[(v)] Ehrlichia IFA--$131.31.
(viii)
(IX) Tetramine, gas chromatography/mass selective detector (GC/MS) [(GC/MSD)]--$183.05.
(No change.)
Acid fast bacilli (AFB).
(I) Clinical specimen, AFB isolation and identi[(-a-) Blood culture--$138.97.]
(-a-) [(-b-)] Culture, other than blood--
(I)
IgG--$61.15; and
(II)
IgM--$122.30.
(x)
[(vii)] Hantavirus IgG/IgM--$362.05.
(xi)
[(viii)] Hepatitis A:
IgM--$44.04; and
(II)
(xii)
$32.04.
(-b-) [(-c-)] Direct detection by high-performance liquid chromatography (HPLC)--$66.26.
(-c-) [(-d-)] Identification of AFB isolate.
total--$34.45.
[(ix)] Hepatitis B:
(I)
core antibody--$36.06;
(II)
(-1-) HPLC--$124.90;
(-2-) Accuprobe--$81.40;
(-3-) biochemical, basic--$132.35;
and
(-4-) biochemical,
[(vi)] Francisella tularensis:
(I)
fication.
complex--
$472.84.
Emerging Disease, IgM--$74.72.
(ix)
(C) Mycobacteriology/mycology
(i)
(No change.)
(iv)
(VI) Metals in blood [(mercury, lead, cadmium),
inductively coupled plasma mass spectrometry] (ICP/MS)--$194.64.
(X) - (XI)
[(ix)] Worm identification--$46.44.
(x)
core IgM antibody--$44.75;
(III)
surface antibody (Ab)--$28.34; and
(IV)
surface antigen (Ag)--$18.47.
(xiii)
[(x)] Hepatitis C (HCV)--$25.68.
(xiv)
[(xi)] Human immunodeficiency virus (HIV):
(I)
serum, confirmation [multi spot]--$83.74
[$40.74]; and
(-d-) [(-e-)] Nucleic acid amplification for
Mycobacterium tuberculosis (M. tuberculosis) complex--$166.70.
(-e-) [(-f-)] Specimen concentration--$5.38.
(-f-) [(-g-)] Smear--$11.59.
(II) (No change.)
(ii) - (v)
(D)
(v)
(No change.)
[(xii)] Human immunodeficiency virus-1 (HIV-
(II)
enzyme immunoassay (EIA) oral fluid--
(III)
Nucleic acid amplification test (NAAT)--
$69.99;
(No change.)
Microfilariae identification--$46.52.
(vi)
(xv)
1):
(I) enzyme immunoassay (EIA) Dried Blood
Spots (DBS)--$14.32;
Parasitology.
(i) - (iv)
(II) HIV Combo Ag/Ab EIA--$7.90.
[(v)] Miscellaneous Parasite examination:
$7.79;
(IV)
western blot serum--$277.23;
(I) acid fast stain--$74.17;
(V)
western blot DBS--$277.23; and
(II) chromotrope stain--$140.55;
(VI)
(III)
Giemsa stain--$177.55;
(xvi)
western blot oral--$324.71.
[(xiii)] Measles:
[(IV) tissue preparation--$73.55;]
(I) IgG--$21.36; and
(IV)
(II) IgM--$85.60.
[(V)] trichrome stain--$96.98; and
(V) [(VI)] wet mount--$73.55.
(vii)
[(vi)] Parasite identification, PCR--$141.79.
(viii) [(vii)] Pinworm examination--$37.50.
(ix)
41 TexReg 3976
[(viii)] Urine ova and parasite exam--$56.36.
June 3, 2016
Texas Register
(xvii)
(I)
(II)
(xviii)
[(xiv)] Mumps:
IgG--$22.62; and
IgM--$83.93.
[(xv)] Pertussis Toxin IgG--$89.86.
(xix)
[(xvi)] Q-Fever IgG--$85.61.
(xx)
[(xvii)] QuantiFERON (tuberculosis serology)-
(xiii) - (xv)
-$53.66.
(xvi)
Respiratory
viral
panel,
PCR--$149.82
[$167.13].
(xxi)
[(xviii)] Rickettsia panel:
(I)
(xvii) - (xxii)
Rocky Mountain spotted Fever (RMSF) IgG-
-$42.93; and
(II)
Typhus fever IgG--$42.93.
(xxii)
(I)
IgM--$24.77; and
(II)
screen--$22.33.
(xxiii)
[(xx)] Schistosoma EIA--$10.30.
(xxiv)
[(xxi)] Strongyloides EIA--$16.89.
(xxv)
[(xxii)] Syphilis:
(1) - (5) (No change.)
(6)
(vi) Nucleic acid amplification for Mycobacterium
tuberculosis (M. tuberculosis) complex--$166.70.
(vii) [(vi)] Smear only--$5.09.
(B) - (C)
(c) Non-clinical testing, Austin Laboratory.
(1) - (2) (No change.)
Screening, IgG--$7.57.
(xxvii)
[(xxiv)] Varicella zoster virus (VZV):
(I)
IgG--$19.70; and
(II)
IgM--$147.84.
(xxviii)
(No change.)
(7) - (8) (No change.)
(II) Rapid plasma reagin (RPR):
(-a-) screen (qualitative)--$2.89; and
(-b-) titer (quantitative)--$12.88;
[(xxiii)] Toxoplasmosis--$23.23.
Mycobacteriology, Acid fast bacillus (AFB).
(i) - (v) (No change.)
-$27.02;
(xxvi)
Microbiology.
(A)
Confirmation particle agglutination (TP-PA)-
(III)
(3) Food.
(A)
Bacterial identification.
(i) Bacillus identification--$101.16. [Bacillis:]
[(I) identification--$101.16; and]
[(II) enumeration,
[(xxv)] Yersinia pestis (Plague), serum--
(ii) - (x)
(F) Virology.
[(C)
(i) [(ii)] Arbovirus identification, direct fluorescent
antibody (DFA)--$152.93.
Chikungunya real time, RT-PCR--$145.02.
(iii)
Coxsackievirus, DFA--$84.37.
(iv)
Culture:
(I)
(II)
(vi)
Echovirus, DFA--$115.80.
$17.20;
(iv) PCR Emerging, Non-clinical testing Culex-$16.58;
(v)
(xii)
[(iii)] St. Louis Encephalitis (SLE), mosquitoes,
PCR--$60.18;
(vi) [(iv)] Western Equine Encephalitis (WEE),
mosquitoes, PCR--$60.41; and
(ix) Enterovirus, DFA--$162.96.[:]
(x) - (xi)
(No change.)
(iii) PCR Emerging, Non-clinical testing Aedes--
Emerging Disease [disease], PCR--$137.31
[(II)
Arbovirus:
(i) - (ii)
[$116.22].
[(I)
Yeast and mold enumeration--$128.50.]
Virology.
(A)
(vii) Electron microscopy (includes observation,
electron microscopy and photography)--$527.91.
(viii)
(No change.)
[(D) Standard plate count--$67.38.]
(6)
reference--$96.66.
Dengue, real-time PCR--$215.52.
number
(4) - (5) (No change.)
Supplemental Cell Culture--$135.46; and
(v)
probable
(B) Staphylococcus enterotoxin detection--$90.80.
Adenoviruses, PCR--$304.38.]
(ii)
most
(MPN)--$245.53.]
$237.18.
[(i)
(No change.)
(b) Tests performed on clinical specimens, South Texas Laboratory. Specimens that must be sent to a reference lab for testing will
be billed at the reference laboratory price plus a $3.00 handling fee.
[(xix)] Rubella:
(I)
[$55.77].
(No change.)
(vii)
[(v)] West Nile Virus (WNV), mosquitoes,
PCR--$57.87.
DFA--$162.96; and]
(B) (No change.)
PCR--$393.27.]
(7) - (8) (No change.)
(No change.)
Norovirus (Norwalk-like virus) PCR--$162.96
(d) - (e)
(No change.)
§73.55. Fee Schedule for Chemical Analyses.
Fees for chemical analyses and physical testing.
PROPOSED RULES
June 3, 2016
41 TexReg 3977
(1)
(No change.)
(2)
The following fees apply to analysis of drinking water
(xiii) semi-volatile organic compounds by GC-MS,
EPA method 525.3--$120.88;
(xiv)
samples.
(A)
Inorganic parameters.
(i)
Individual tests:
(I) - (XIV)
(No change.)
(XV) cyanide, free, SM, 20th edition, 4500-CNF--$113.43;
(XVI) [(XV)]
10-204-00-1-X--$53.75;
(XVII)
cyanide,
total,
QuickChem
trihalomethanes,
EPA
method
(xv) [(xiii)]
551.1--$43.91; [and]
trihalomethanes,
EPA
method
(xvi) [(xiv)] volatile organic compounds VOCs by
GC-MS, EPA method 524.2--$55.12; and[.]
(xvii) volatile organics compounds VOCs by
GC-MS, EPA method 524.3--$56.42.
(D)
[(XVI)] fluoride, EPA method 300.0--
$15.03;
(XVIII)
EPA method 353.2--$8.49;
[(xii)]
524.2--$50.13;
[(XVII)] nitrate and nitrite as nitrogen,
(XIX)
[(XVIII)] nitrate as nitrogen, EPA method
(XX)
[(XIX)] nitrite as nitrogen, EPA method
(XXI)
[(XX)] odor, SM, 20th edition, 2150B--
(XXII)
[(XXI)] perchlorate, EPA method 314.0--
(XXIII)
[(XXII)] pH, SM, 19th edition, 4500H--
(No change.)
(3) - (9) (No change.)
to adopt.
353.2--$8.49;
353.2--$8.49;
$51.93;
$1008.60;
TRD-201602466
Lisa Hernandez
General Counsel
♦
♦
♦
$4.15;
TITLE 37. PUBLIC SAFETY AND CORREC-
(XXIV) [(XXIII)] phenolics, total recoverable,
EPA method 420.4--$114.49;
TIONS
(XXV) [(XXIV)] silica, dissolved, SM, 20th edition, 4500SiO, E--$20.25;
(XXVI) [(XXV)] solids, total dissolved, determined, SM, 20th edition, 2540C--$14.65;
(XXVII) [(XXVI)] sulfate, EPA method 300.0-$15.11; and
(XXVIII)
[(XXVII)] turbidity,
EPA method
180.1--$136.28.
(ii) Routine water mineral group, EPA methods
300.0, and 353.2, and SM, 19th edition, 2320B, 2510B [4500-HB]
and 2540C--$102.25 [$106.39].
(B)
(No change.)
(C)
Organic compounds:
(i) - (vii)
(No change.)
(viii) haloacetic acids, EPA Method 552.3--$45.34;
(ix)
[(viii)] carbamates insecticides, EPA 531--
(x)
[(ix)] PCB SOC6,
$57.01;
EPA method 508A--
$1045.02;
(xi) [(x)] synthetic organic contaminants group 5,
EPA methods 508.1 and 525.2--$205.41;
(xii) [(xi)] semi-volatile organic compounds by
GC-MS, EPA method 525.2--$111.74;
41 TexReg 3978
June 3, 2016
Texas Register
PUBLIC SAFETY
CHAPTER 4. COMMERCIAL VEHICLE
REGULATIONS AND ENFORCEMENT
PROCEDURES
SUBCHAPTER B. REGULATIONS
GOVERNING TRANSPORTATION SAFETY
37 TAC §4.11
The Texas Department of Public Safety (the department) proposes amendments to §4.11, concerning General Applicability
and Definitions. The proposed amendments are necessary to
harmonize updates to Title 49, Code of Federal Regulations with
those laws adopted by Texas.
Suzy Whittenton, Chief Financial Officer, has determined that for
each year of the first five-year period this rule is in effect there
will be no fiscal implications for state or local government, or local
economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses or micro-businesses
required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply
with this rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first
five-year period the rule is in effect the public benefit anticipated
as a result of enforcing the rule will be maximum efficiency of the
Motor Carrier Safety Assistance Program.
The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code,
rule that the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure and
that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the
state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental
exposure.
The department has determined that Chapter 2007 of the Texas
Government Code does not apply to this proposal. Accordingly,
the department is not required to complete a takings impact assessment regarding this proposal.
The Texas Department of Public Safety, in accordance with the
Administrative Procedure Act, Texas Government Code, §2001,
et seq., and Texas Transportation Code, Chapter 644, will hold
a public hearing on Tuesday, June 14, 2016, at 9:00 a.m., at the
Texas Department of Public Safety, Texas Highway Patrol Division, Building G Annex, 5805 North Lamar, Austin, Texas. The
purpose of this hearing is to receive comments from all interested persons regarding adoption of the proposed amendments
to Administrative Rule §4.11 regarding Transportation of Hazardous Materials, proposed for adoption under the authority of
Texas Transportation Code, Chapter 644, which provides that
the director shall, after notice and a public hearing, adopt rules
regulating the safe operation of commercial motor vehicles.
Persons interested in attending this hearing are encouraged to
submit advance written notice of their intent to attend the hearing
and to submit a written copy of their comments. Correspondence
should be addressed to Major Chris Nordloh, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0500.
Persons with special needs or disabilities who plan to attend
this hearing and who may need auxiliary aids or services are
requested to contact Major Chris Nordloh at (512) 424-2775 at
least three working days prior to the hearing so that appropriate
arrangements can be made.
Other comments on this proposal may be submitted to Major
Chris Nordloh, Texas Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0500,
(512) 424-2775. Comments must be received no later than thirty
(30) days from the date of publication of this proposal.
These amendments are proposed pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules
regulating the safe transportation of hazardous materials and the
safe operation of commercial motor vehicles; and authorizes the
director to adopt all or part of the federal safety regulations, by
reference.
Texas Transportation Code, §644.051 is affected by this proposal.
§4.11. General Applicability and Definitions.
(a) General. The director of the Texas Department of Public Safety incorporates, by reference, the Federal Motor Carrier Safety
Regulations, Title 49, Code of Federal Regulations, Parts 40, 380, 382,
385, 386, 387, 390 - 393, and 395 - 397 including all interpretations
thereto, as amended through May 1, 2016 [January 1, 2015]. All other
references in this subchapter to the Code of Federal Regulations also
refer to amendments and interpretations issued through May 1, 2016
[January 1, 2015]. The rules adopted herein are to ensure that:
(1) a commercial motor vehicle is safely maintained,
equipped, loaded, and operated;
(2) the responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely;
(3) the physical condition of a commercial motor vehicle's
operator enables the operator to operate the vehicle safely;
(4) commercial motor vehicle operators are qualified, by
reason of training and experience, to operate the vehicle safely; and
(5) the minimum levels of financial responsibility for motor carriers of property or passengers operating commercial motor vehicles in interstate, foreign, or intrastate commerce is maintained as
required.
(b) Terms. Certain terms, when used in the federal regulations
as adopted in subsection (a) of this section, will be defined as follows:
(1) the definition of motor carrier will be the same as that
given in Texas Transportation Code, §643.001(6) when vehicles operated by the motor carrier meet the applicability requirements of subsection (c) of this section;
(2) hazardous material shipper means a consignor, consignee, or beneficial owner of a shipment of hazardous materials;
(3) interstate or foreign commerce will include all movements by motor vehicle, both interstate and intrastate, over the streets
and highways of this state;
(4)
department means the Texas Department of Public
Safety;
(5) director means the director of the Texas Department of
Public Safety or the designee of the director;
(6) FMCSA field administrator, as used in the federal motor carrier safety regulations, means the director of the Texas Department of Public Safety for vehicles operating in intrastate commerce;
(7) farm vehicle means any vehicle or combination of vehicles controlled and/or operated by a farmer or rancher being used to
transport agriculture commodities, farm machinery, and farm supplies
to or from a farm or ranch;
(8) commercial motor vehicle has the meaning assigned by
Texas Transportation Code, §548.001(1) if operated intrastate; commercial motor vehicle has the meaning assigned by Title 49, Code of
Federal Regulations, Part 390.5 if operated interstate;
(9) foreign commercial motor vehicle has the meaning assigned by Texas Transportation Code, §648.001;
(10) agricultural commodity is defined as an agricultural,
horticultural, viticultural, silvicultural, or vegetable product, bees and
honey, planting seed, cottonseed, rice, livestock or a livestock product,
or poultry or a poultry product that is produced in this state, either in
its natural form or as processed by the producer, including wood chips.
The term does not include a product which has been stored in a facility
not owned by its producer;
(11) planting and harvesting seasons are defined as January
1 to December 31;
(12) producer is defined as a person engaged in the business of producing or causing to be produced for commercial purposes
PROPOSED RULES
June 3, 2016
41 TexReg 3979
an agricultural commodity. The term includes the owner of a farm on
which the commodity is produced and the owner's tenant or sharecropper; and
(13) off-road motorized construction equipment includes
but is not limited to motor scrapers, backhoes, motor graders, compactors, excavators, tractors, trenchers, bulldozers, and other similar
equipment routinely found at construction sites and that is occasionally moved to or from construction sites by operating the equipment
short distances on public highways. Off-road motorized construction
equipment is not designed to operate in traffic and such appearance on
a public highway is only incidental to its primary functions. Off-road
motorized construction equipment is not considered to be a commercial motor vehicle as that term is defined in Texas Transportation Code,
§644.001.
(14) The phrase "The commercial driver's license requirements of part 383 of this subchapter" as used in Title 49, Code of Federal Regulations, §382.103(a)(1) shall mean the commercial driver's
license requirements of Texas Transportation Code, Chapter 522.
(15) For purposes of removal from safety-sensitive functions for prohibited conduct as described in Title 49, Code of Federal
Regulations, Part 382.501(c), commercial motor vehicle means a vehicle subject to the requirements of Texas Transportation Code, Chapter
522 and a vehicle subject to §4.22 of this title (relating to Contract Carriers of Certain Passengers), in addition to those vehicles enumerated
in Title 49, Code of Federal Regulations, Part 382.501(c).
(c) Applicability.
(1)
The regulations shall be applicable to the following ve-
hicles:
(A) a vehicle or combination of vehicles with an actual
gross weight, a registered gross weight, or a gross weight rating in
excess of 26,000 pounds when operating intrastate;
(B) a farm vehicle or combination of farm vehicles with
an actual gross weight, a registered gross weight, or a gross weight
rating of 48,000 pounds or more when operating intrastate;
(C) a vehicle designed or used to transport more than
15 passengers, including the driver;
(D) a vehicle transporting hazardous material requiring
a placard;
(E) a motor carrier transporting household goods for
compensation in intrastate commerce in a vehicle not defined in Texas
Transportation Code, §548.001(1) is subject to the record keeping requirements in Title 49, Code of Federal Regulations, Part 395 and the
hours of service requirements specified in this subchapter;
(F) a foreign commercial motor vehicle that is owned
or controlled by a person or entity that is domiciled in or a citizen of a
country other than the United States; and
(G) a contract carrier transporting the operating employees of a railroad on a road or highway of this state in a vehicle
designed to carry 15 or fewer passengers.
(2) The regulations contained in Title 49, Code of Federal
Regulations, Part 392.9a, and all interpretations thereto, are applicable
to motor carriers operating exclusively in intrastate commerce and to
the intrastate operations of interstate motor carriers that have not been
federally preempted by the United Carrier Registration Act of 2005.
The term "operating authority" as used in Title 49, Code of Federal
Regulations, Part 392.9a, for the motor carriers described in this paragraph, shall mean compliance with the registration requirements found
41 TexReg 3980
June 3, 2016
Texas Register
in Texas Transportation Code, Chapter 643. For purposes of enforcement of this paragraph, peace officers certified to enforce this chapter, shall verify that a motor carrier is not registered, as required in
Texas Transportation Code, Chapter 643, before placing a motor carrier out-of-service. Motor carriers placed out-of-service under Title 49,
Code of Federal Regulations, Part 392.9a may request a review under
§4.18 of this title (relating to Intrastate Operating Authority Out-of-Service Review). All costs associated with the towing and storage of a vehicle and load declared out-of-service under this paragraph shall be the
responsibility of the motor carrier and not the department or the State
of Texas.
(3) All regulations contained in Title 49, Code of Federal
Regulations, Parts 40, 380, 382, 385, 386, 387, 390 - 393 and 395 397, and all interpretations thereto pertaining to interstate drivers and
vehicles are also adopted except as otherwise excluded.
(4) A medical examination certificate, issued in accordance
with Title 49, Code of Federal Regulations, Part 391.41, 391.43, and
391.45, shall expire on the date indicated by the medical examiner;
however, no such medical examination certificate shall be valid for
more than two years from the date of issuance.
(5) Nothing in this section shall be construed to prohibit an
employer from requiring and enforcing more stringent requirements
relating to safety of operation and employee health and safety.
to adopt.
TRD-201602389
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
♦
♦
♦
CHAPTER 35. PRIVATE SECURITY
SUBCHAPTER A. GENERAL PROVISIONS
37 TAC §35.3
The Texas Department of Public Safety (the department) proposes the repeal of §35.3, concerning Registration Applicant
Pre-employment Check. The repeal of §35.3 is filed simultaneously with the proposed new §35.3 which was made necessary
by HB 4030 (84th Legislative Session). The bill renders the current rule's background check redundant in some cases, as it requires a more substantial background check for applicants under
certain conditions. The department is proposing new language
to clarify the bill's requirements.
each year of the first five-year period this repeal is in effect there
economies.
required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative
impact on local employment.
In addition, Ms. Whittenton has also determined that for each
year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be
greater clarity and consistency with legislative changes.
exposure.
Comments on this proposal may be submitted to Steve
Moninger, Regulatory Services Division, Department of Public
Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246
or by email at https://www.txdps.state.tx.us/rsd/contact/default.aspx. Select "Vehicle Inspection". Comments must be
received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code,
§411.004(3), which authorizes the Public Safety Commission to
adopt rules considered necessary for carrying out the department's work, and Texas Occupations Code, §1702.061(b), which
authorizes the department to adopt rules to administer Texas Occupations Code, Chapter 1702.
Texas Government Code, §411.004(3) and §1702.061(b) are affected by this proposal.
§35.3. Registration Applicant Pre-employment Check.
to adopt.
TRD-201602493
D. Phillip Adkins
General Counsel
♦
♦
economies.
required to comply with the rule as proposed. There is no anticipated economic cost to individuals who are required to comply
with the rule as proposed. There is no anticipated negative impact on local employment.
year of the first five-year period the rule is in effect, the public
benefit anticipated as a result of enforcing the rule will be greater
clarity and consistency with legislative changes.
exposure.
Texas Government Code, §411.004(3) and Texas Occupations
Code, §1702.061(b) are affected by this proposal.
§35.3. Registration Applicant Pre-Employment Check.
(a) Pursuant to §1702.230 of the Act, the pre-employment
background check of the applicant described in subsection (c) of this
section must be conducted when:
♦
(1) An application meeting the requirements of §35.21 of
this title (relating to Registration Applications) has been submitted;
37 TAC §35.3
The Texas Department of Public Safety (the department) proposes new §35.3, concerning Registration Applicant Pre-Employment Check. New §35.3 was made necessary by HB 4030
(84th Legislative Session). The bill renders the current rule's
background check redundant in some cases, as it requires a
more substantial background check for applicants under certain
conditions. The department is proposing new language to clarify
the bill's requirements.
(2) The department's website does not indicate the application is complete within 48 hours after the submission of the applicant's
fingerprints; and
(3) Regulated services are to be performed by the applicant
prior to issuance of the registration.
(b) The ability to perform a non-commissioned regulated service prior to licensure is conditional on either:
(1) Department notification that a complete application has
been received and:
PROPOSED RULES
June 3, 2016
41 TexReg 3981
(A) Performance of the pre-employment background
check required under subsection (c) of this section;
(B) The determination that the applicant is not disqualified based on the background check; and
(C) The employer's retention of the search results in the
employee's file, as required by subsection (e) of this section; or
(2) The absence of notification by the department that a
complete application has been received, the passage of 48 hours since
submission of the application materials required by §35.21 of this title,
and:
(A) Performance of the pre-employment background
check required under subsection (d) of this section;
(B) The determination that the applicant is not disqualified based on the background check; and
(C) The employer's retention of the search results in the
employee's file, as required by subsection (e) of this section.
(c) For purposes of subsection (b)(1) of this section, the preemployment background check must at a minimum include the review
of either the department's publicly accessible criminal history website
or a commercial criminal history website, review of the department's
sex offender registry website, and confirmation the applicant is not disqualified for the registration or endorsement based on either the applicant's criminal history or the requirement to register as a sex offender
under Chapter 62, Code of Criminal Procedure. Nothing in this subsection precludes an employer from using a more stringent method of
determining an applicant's eligibility.
(d) For purposes of subsection (b)(2) of this section, the preemployment background check must at a minimum include the review
of the department's publicly accessible criminal history and sex offender registry website(s), and confirmation the applicant is not disqualified for the registration or endorsement based on either the applicant's criminal history or the requirement to register as a sex offender
under Chapter 62, Code of Criminal Procedure. Nothing in this subsection precludes an employer from using a more stringent method of
determining an applicant's eligibility.
(e) The employer must maintain written documentation of the
pre-employment check for at least two (2) years, regardless of the subsequent employment status of the applicant. The absence of such documentation constitutes a rebuttable presumption that the background
check was not conducted.
to adopt.
TRD-201602494
D. Phillip Adkins
General Counsel
♦
♦
♦
37 TAC §35.4
The Texas Department of Public Safety (the department) proposes amendments to §35.4, concerning Guidelines for Disqualifying Criminal Offenses. The amendment to §35.4 addresses
the rule's reference to Article 42.12(3g), Code of Criminal Pro-
41 TexReg 3982
June 3, 2016
Texas Register
cedure, which is repealed by House Bill 2299, 84th Legislative
Session, effective January 1, 2017. The bill creates new Article
42A.054 to replace 42.12(3g). The amendment is necessary to
ensure any convictions for listed offenses occurring after January 1, 2017 will be disqualifying under the rule
economies.
benefit anticipated as a result of enforcing the rule will be consistency with legislative changes.
exposure.
§35.4. Guidelines for Disqualifying Criminal Offenses.
(a) The private security industry is in a position of trust; it provides services to members of the public that involve access to confidential information, to private property, and to the more vulnerable
and defenseless persons within our society. By virtue of their licenses,
security professionals are provided with greater opportunities to engage in fraud, theft, or related property crimes. In addition, licensure
provides those predisposed to commit assaultive or sexual crimes with
greater opportunities to engage in such conduct and to escape detection
or prosecution.
(b) Therefore, the board has determined that offenses of the
following types directly relate to the duties and responsibilities of those
who are licensed under the Act. Such offenses include crimes under the
laws of another state or the United States, if the offense contains elements that are substantially similar to the elements of an offense under
the laws of this state. Such offenses also include those "aggravated" or
otherwise enhanced versions of the listed offenses.
(c) The list of offenses in this subsection is intended to provide
guidance only and is not exhaustive of either the offenses that may relate to a particular regulated occupation or of those that are independently disqualifying under Texas Occupations Code, §53.021(a)(2) (4). The listed offenses are general categories that include all specific
offenses within the corresponding chapter of the Texas Penal Code. In
addition, after due consideration of the circumstances of the criminal
act and its relationship to the position of trust involved in the particular
licensed occupation, the board may find that an offense not described
below also renders a person unfit to hold a license. In particular, an offense that is committed in one's capacity as a registrant under the Act,
or an offense that is facilitated by one's registration, endorsement, or
commission under the Act, will be considered related to the licensed
occupation and may render the person unfit to hold the license.
(1) Arson, damage to property--Any offense under the
Texas Penal Code, Chapter 28.
(2)
Chapter 22.
Assault--Any offense under the Texas Penal Code,
(3)
Chapter 36.
Bribery--Any offense under the Texas Penal Code,
(4) Burglary and criminal trespass--Any offense under the
Texas Penal Code, Chapter 30.
(5) Criminal homicide--Any offense under the Texas Penal
Code, Chapter 19.
(6) Disorderly conduct--Any offense under the Texas Penal
Code, Chapter 42.
(7)
(d) A felony conviction for an offense listed in subsection (c)
of this section is disqualifying for ten (10) years from the date of the
completion of the sentence, unless subject to this subsection.
(e) A Class A misdemeanor conviction for an offense listed in
subsection (c) of this section is disqualifying for five (5) years from the
date of completion of the sentence.
(f) Conviction for a felony or Class A offense that does not relate to the occupation for which license is sought is disqualifying for
five (5) years from the date of commission, pursuant to Texas Occupations Code, §53.021(a)(2).
(g) Independently of whether the offense is otherwise described or listed in subsection (c) of this section, a conviction for an
offense listed in Texas Code of Criminal Procedure, Article 42.12 §3g,
or Article 42A.054, or that is a sexually violent offense as defined by
Texas Code of Criminal Procedure, Article 62.001, or a conviction for
burglary of a habitation, is permanently disqualifying subject to the
requirements of Texas Occupations Code, Chapter 53.
(h) A Class B misdemeanor conviction for an offense listed in
subsection (c) of this section is disqualifying for five (5) years from the
date of conviction.
(i) Any unlisted offense that is substantially similar in elements to an offense listed in subsection (c) of this section is disqualifying in the same manner as the corresponding listed offense.
(j) A pending Class B misdemeanor charged by information
for an offense listed in subsection (c) of this section is grounds for
summary suspension.
(k) Any pending Class A misdemeanor charged by information or pending felony charged by indictment is grounds for summary
suspension.
(l) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person
against whom disqualifying charges have been filed or who has been
convicted of a disqualifying offense, the board shall consider:
Fraud--Any offense under the Texas Penal Code, Chap-
ter 32.
(1)
The extent and nature of the person's past criminal ac-
tivity;
(8)
Chapter 20.
Kidnapping--Any offense under the Texas Penal Code,
(9) Obstructing governmental operation--Any offense under the Texas Penal Code, Chapter 38.
(2) The age of the person when the crime was committed;
(3) The amount of time that has elapsed since the person's
last criminal activity;
(10)
Chapter 37.
Perjury--Any offense under the Texas Penal Code,
(4) The conduct and work activity of the person before and
after the criminal activity;
(11)
Chapter 29.
Robbery--Any offense under the Texas Penal Code,
(5) Evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(12) Sexual offenses--Any offense under the Texas Penal
Code, Chapter 21.
(13)
Chapter 31.
(14)
Theft--Any offense under the Texas Penal Code,
(6) The date the person will be eligible; and
(7) Any other evidence of the person's fitness, including
letters of recommendation from:
(A) Prosecutors or law enforcement and correctional
officers who prosecuted, arrested, or had custodial responsibility for
the person; or
In addition:
(A) An attempt to commit a crime listed in this subsection;
(B) Aiding and abetting in the commission of a crime
listed in this subsection; and
(C) Being an accessory (before or after the fact) to a
crime listed in this subsection.
(B) The sheriff or chief of police in the community
where the person resides.
(m) In addition to the documentation listed in subsection (l) of
this section, the applicant or licensee or registrant shall furnish proof
in the form required by the department that the person has:
(1)
Maintained a record of steady employment;
PROPOSED RULES
June 3, 2016
41 TexReg 3983
(2)
Supported the applicant's dependents;
(3)
Maintained a record of good conduct; and
(4) Paid all outstanding court costs, supervision fees, fines
and restitution ordered in any criminal case in which the applicant has
been charged or convicted.
(n) The failure to timely provide the information listed in subsection (l) and subsection (m) of this section may result in the proposed
action being taken against the application or license.
(o) The provisions of this section are authorized by the Act,
§1702.004(b), and are intended to comply with the requirements of
Texas Occupations Code, Chapter 53.
to adopt.
TRD-201602495
D. Phillip Adkins
General Counsel
♦
♦
SUBCHAPTER B.
LICENSING
♦
REGISTRATION AND
37 TAC §§35.21, 35.22, 35.25
The Texas Department of Public Safety (the department) proposes amendments to §§35.21, 35.22, and 35.25 concerning
Registration and Licensing.
Section 35.21 is amended in response to HB 4030 (84th Legislative Session). The bill amends §1702.230 of the Private Security Act, "Application for Registration or Endorsement." Section
35.21, relating to Registration Applications, is based on the requirements of §1702.230. HB 4030 therefore necessitates the
updating of §35.21. Additionally, the requirements of an alien
registration card and copy of a current work authorization card
are being removed: the former is only applicable to applicants
for a commission; the latter is not a requirement for licensure
under Chapter 1702. Section 35.22 is also amended to remove
the requirements of an alien registration card and copy of a current work authorization.
The amendments to §35.25 are intended to bring this rule line
with the statutory requirements relating to the use of assumed
names.
Suzy Whittenton, Chief Financial Officer, has determined that
for each year of the first five-year period these rules are in effect
there will be no fiscal implications for state or local government,
or local economies.
required to comply with the rules as proposed. There is no anticipated economic cost to individuals who are required to comply
with the rules as proposed. There is no anticipated negative impact on local employment.
year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be
greater clarity and consistency with legislative changes, and the
simplification of the application process for non-commissioned
employees of private security companies through the elimination of unnecessary application requirements.
exposure.
§35.21. Registration Applications.
(a) It is the responsibility of the licensed company to ensure an
[each employee who is required to register under the Act has submitted
to the department a substantially complete] application that meets the
requirements of this section has been submitted to the department by
or on behalf of any employee who is required to register under the Act.
An application must include all items required under subsection (b) of
this section in order to comply with the requirements of §1702.230(c)
of the Act. [prior to employment in a regulated capacity.]
(b) The items detailed in this subsection must be submitted in
the manner prescribed by the department[, prior to employment in a
regulated capacity]:
(1) The required fee;
(2) A copy of the applicant's Level II certificate of completion when applicable;
[(3) A copy of the alien registration card if the applicant is
not a United States citizen;]
[(4) A copy of a current work authorization card if the applicant is a non resident alien;]
(3) [(5)] Fingerprints in the form and manner approved by
the department; and
41 TexReg 3984
June 3, 2016
Texas Register
(4)
[(6)] The criminal history check fee as provided in this
chapter.
(c) As part of the department's criminal history check, additional court documents or related materials may be requested of the
applicant. Failure to comply with such a request may result in the rejection of the application as incomplete.
§35.22.
♦
Renewal Applications for Registrations and Licenses.
(a) An application for renewal must be submitted in the manner prescribed by the department. The application must include:
(1)
[(3) A copy of a current work authorization card if the applicant is a non resident alien;]
(2) [(4)] Fingerprints in the form and manner approved by
the department; and
(3)
[(5)] The criminal history check fee as provided in this
chapter.
(b) A complete renewal application must be submitted prior
to expiration for the current registration, endorsement or license to remain in effect pending the approval of the renewal application. If the
completed application is not received by the department prior to the expiration date, no regulated services may be performed until a complete
renewal application is submitted in compliance with this chapter.
Assumed Names; Corporations.
(a) All individual applicants doing business under an assumed
name shall submit an assumed name [a] certificate from the county
clerk of the county in which the applicant either: [of the applicant's
residence showing compliance with the assumed name statute.]
(1)
has or will maintain business or professional premises;
or
(2) conducts business or renders a professional service,
if the person does not or will not maintain business or professional
premises in any county.
(b) Corporations and other entities permitted and governed by
the Texas Business Organizations Code using an assumed name shall
submit an assumed name [a] certificate from the Texas Secretary of
State and the county clerk of the county in which the entity either: [of
the applicant's residence showing compliance with the assumed name
statute.]
(1)
♦
♦
SUBCHAPTER D. DISCIPLINARY ACTIONS
37 TAC §35.52
The required fee;
[(2) A copy of the alien registration card if the applicant is
not a United States citizen;]
§35.25.
TRD-201602496
D. Phillip Adkins
General Counsel
has or will maintain business or professional premises;
or
(2) conducts business or renders a professional service,
if the entity does not or will not maintain business or professional
premises in any county.
(c) Corporate applicants shall submit a current certificate of
existence or a certificate of authority from the Texas Secretary of State.
(d) Licensees may not operate under any name not reflected in
current department records as the name under which the licensee will
be doing business.
to adopt.
The Texas Department of Public Safety (the department) proposes amendments to §35.52, concerning Administrative Penalties. This section is being amended to update the fine schedule
to accurately reflect current statutory and rule violations.
economies.
consistency between administrative violations by licensees and
the available administrative penalties.
exposure.
or by email at https://www.txdps.state.tx.us/rsd/contact/default.aspx. Select "Vehicle Inspection." Comments must be
This proposal is proposed pursuant to Texas Government Code,
PROPOSED RULES
June 3, 2016
41 TexReg 3985
§35.52. Administrative Penalties.
The administrative penalties in this section are guidelines to be used in
enforcement proceedings under the Act. The fines are to be construed
as maximum penalties only, and are subject to application of the factors
provided in §1702.402 of the Act.
Figure: 37 TAC §35.52
[Figure: 37 TAC §35.52]
to adopt.
TRD-201602497
D. Phillip Adkins
General Counsel
♦
♦
♦
SUBCHAPTER F. COMMISSIONED
SECURITY OFFICERS
37 TAC §35.81
or by email at https://www.txdps.state.tx.us/rsd/contact/default.aspx. Select "Vehicle Inspection." Comments must be
§35.81. Application for a Security Officer Commission.
(a) A complete security officer commission application must
be submitted on the most current version of the form provided by the
department. The application must include:
(1)
The required application fee;
(2) Fingerprints in form and manner approved by the department;
The Texas Department of Public Safety (the department)
proposes amendments to §35.81, concerning Application for
a Security Officer Commission. Amendments to §35.81 are
necessary to remove the requirement of a current work authorization card which is not a requirement for licensure under
Chapter 1702.
economies.
benefit anticipated as a result of enforcing the rule will be the simplification of the application process for commissioned security
officers through the elimination of an unnecessary requirement.
exposure.
41 TexReg 3986
June 3, 2016
Texas Register
(3) The required criminal history check fee;
(4) A copy of the applicant's Level II certificate of completion;
(5)
A copy of the applicant's Level III certificate of com-
pletion;
(6) Non Texas residents must provide a copy of an identification card issued by the state of the applicant's residence, or other
government issued identification card; and
(7) Non United States citizens must submit a copy of their
current alien registration card. Non-resident aliens must also submit [a
copy of a current work authorization card and] documents establishing
the right to possess firearms under federal law.
(b) Incomplete applications will not be processed and will be
returned for clarification or missing information.
to adopt.
TRD-201602498
D. Phillip Adkins
General Counsel
♦
SUBCHAPTER I.
37 TAC §35.112
♦
♦
COMPANY RECORDS
The Texas Department of Public Safety (the department) proposes amendments to §35.112, concerning Business Records.
Amendments to §35.112 are necessary to comply with Occupations Code, §1702.110(b), which requires the board to adopt
rules to enable an out-of-state license holder to comply with the
Act's requirement that license holders maintain a physical address in this state.
(2) Copies of any timesheets, invoices, or scheduling
records reflecting the employment dates of any registered employees.
economies.
(2) At any physical location within the State of Texas of an
agent or employee of the company.
simplicity and clarity in the application and record keeping processes for private security companies.
(b) If the company has no physical place of business within
the State of Texas, the records shall be maintained:
(1) At the office of the registered agent within the State of
Texas; or
to adopt.
TRD-201602499
D. Phillip Adkins
General Counsel
♦
♦
♦
exposure.
PART 13. TEXAS COMMISSION ON
FIRE PROTECTION
The purpose of the proposed amendments is to adjust the fee
charged for sectional exams, which are administered as retests
following an initial exam failure; and to adjust fees charged for
records review.
or by e-mail at https://www.txdps.state.tx.us/rsd/contact/default.aspx. Select "Vehicle Inspection". Comments must be
Tim Rutland, Executive Director, has determined that for each
year of the first five year period the proposed amendments are
in effect, there will be no significant fiscal impact to state government or local governments.
§35.112.
Business Records.
(a) Licensees shall maintain copies of the records detailed in
this section, or otherwise required under this chapter, for two (2) years
from the later of the date the related service was provided or the date
the contract was completed:
CHAPTER 437.
FEES
37 TAC §437.13, §437.17
The Texas Commission on Fire Protection (the commission) proposes amendments to Chapter 437, Fees, concerning, §437.13,
Processing Fees for Test Application, and §437.17, Records Review Fees.
Mr. Rutland has also determined that for each year of the first
five years the proposed amendments are in effect, the public
benefit from the passage is clear and concise rules regarding
test application fees for fire protection personnel. There will be
no effect on micro or small businesses or persons required to
comply with the amendments as proposed.
Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this
notice in the Texas Register to Tim Rutland, Executive Director,
Texas Commission on Fire Protection, P.O. Box 2286, Austin,
Texas 78768 or e-mailed to info@tcfp.texas.gov. Comments will
be reviewed and discussed at a future commission meeting.
The amendments are proposed under Texas Government Code,
Chapter 419, §419.008, which provides the commission the authority to propose rules for the administration of its powers and
duties; and §419.026, which allows the commission to set examination fees for certification of fire protection personnel.
(1) All contracts for regulated service and related documentation reflecting the actual provision of the regulated service; and
PROPOSED RULES
June 3, 2016
41 TexReg 3987
The proposed amendments implement Texas Government
Code, Chapter 419, §419.008 and §419.026.
§437.13. Processing Fees for Test Application.
(a) A non-refundable application processing fee of $85 shall
be charged for each examination.
(b) A non-refundable application processing fee of $35 shall
be charged for each sectional examination.
(c) [(b)] Fees will be paid in advance with the application or
the certified training provider may be invoiced or billed if previous
arrangements have been approved by the commission in writing via
mail, e-mail or fax.
(1) Any payment postmarked from 61 to 90 days after the
invoice date will cause the provider of training to be assessed a non-refundable late fee of one half the amount shown on the invoice. This
late fee is in addition to the amount shown on the invoice for test application processing fees.
(2) Any payment postmarked more than 90 days after the
invoice date will cause the provider of training to be assessed a nonrefundable late fee in an amount equal to the amount shown on the
invoice. This late fee is in addition to the amount shown on the invoice
for test application processing fees.
(d) [(c)] The test application processing fee is waived for a military service member or military veteran whose military service, training, or education substantially meets the training requirements for a
commission examination. This subsection applies to initial examinations for certifications required by commission rules for appointment
to duties. Retests following a failed initial examination or an examination to regain a certification that was lost are not included.
(e) [(d)] The test application processing fee is waived for a military service member, military veteran, or military spouse who holds a
current license or certification issued by another jurisdiction that has
requirements substantially equivalent to the training requirements for
a commission examination. This subsection applies to initial examinations for certifications required by commission rules for appointment
to duties. Retests following a failed initial examination or an examination to regain a certification that was lost are not included.
CHAPTER 439. EXAMINATIONS FOR
CERTIFICATION
SUBCHAPTER A. EXAMINATIONS FOR
ON-SITE DELIVERY TRAINING
37 TAC §§439.1, 439.3, 439.7, 439.9, 439.11, 439.19
The Texas Commission on Fire Protection (the commission) proposes amendments to Chapter 439, Examinations for Certification, Subchapter A, Examinations for On-Site Delivery Training, concerning §439.1, Requirements--General; §439.3, Definitions; §439.7, Eligibility; §439.9, Grading; §439.11, Commission-Designated Performance Skill Evaluations; and §439.19,
Number of Test Questions.
The purpose of the proposed amendments is to require an individual to pass all sections of a multiple-section examination,
place an expiration on certificates of completion, place a limit
on the amount of time required for a person to complete skills
evaluations and adjust the number of questions on certain state
examinations.
year of the first five-year period the proposed amendments are
in effect, there will be no significant fiscal impact to state or local
governments.
Mr. Rutland has also determined that for each year of the first
five years the proposed amendments are in effect, the public
benefit from the passage is that all individuals tested to become
certified fire protection personnel will have passed each section
of a multiple examination with at least seventy percent. There will
be no effect on micro or small businesses or persons required to
comply with the amendments as proposed.
Comments regarding the proposed amendments may be submitted, in writing, within 30 days following the publication of this
§437.17. Records Review Fees.
(a) A non-refundable fee of $75 [$35] shall be charged for each
training records review conducted by the commission for the purpose
of determining equivalency to the appropriate commission training program or to establish eligibility to test. Applicants submitting training
records for review shall receive a written analysis from the commission.
The amendments are proposed under Texas Government Code,
duties; and §419.026, which allows the commission to set examination fees for certification.
(b) The fee provided for in this section shall not apply to an
individual who holds an advanced or Fire Fighter II certificate from
the State Firemen's and Fire Marshals' Association of Texas.
§439.1. Requirements--General.
to adopt.
TRD-201602489
Tim Rutland
Executive Director
Texas Commission on Fire Protection
♦
41 TexReg 3988
♦
June 3, 2016
♦
Texas Register
The proposed amendments implement Texas Government
Code, Chapter 419, §419.008 and §419.026.
(a) The administration of examinations for certification, including performance skill evaluations, shall be conducted in compliance with commission rules and; as applicable, with:
(1) International Fire Service Accreditation Congress (IFSAC) regulations; or
(2) National Board on Fire Service Professional Qualifications (Pro Board) regulations for examinations administered by the
Texas A&M Engineering Extension Service. Only Pro Board examinations administered by the Texas A&M Engineering Extension Service
will be accepted by the commission for certification. In order for a Pro
Board document to be accepted for certification, it must:
(A) List the commission issued course approval number
for which the examination was conducted;
(B) Indicate that the examination was conducted in
English; and
(C) List any special accommodations provided to the
examinee. The commission may not issue a certificate for an examination conducted under special accommodations other than those specified in §439.13 of this title (relating to Special Accommodations for
Testing).
(b) It is incumbent upon commission staff, committee members, training officers and field examiners to maintain the integrity
of the state certification examination process (or portion thereof) for
which they are responsible.
(c) The commission shall reserve the authority to conduct an
annual review of Pro Board examinations, procedures, test banks, and
facilities utilized by the Texas A&M Engineering Extension Service.
The commission may also conduct a review at any time for cause and
as deemed necessary to ensure the integrity of the certification examination process.
(d) Exams will be based on the job performance requirements
and knowledge and skill components of the applicable NFPA standard
for that discipline, if a standard exists and has been adopted by the
commission. If a standard does not exist or has not been adopted by the
commission, the exam will be based on curricula as currently adopted
in the commission's Certification Curriculum Manual.
(e) Commission examinations that receive a passing grade
shall expire two years from the date of the examination.
(f) An examination for Basic Structure Fire Protection shall
consist of four sections: Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness Level, and Hazardous Materials Operations Level
including the Mission-Specific Competencies for Personal Protective
Equipment and Product Control. The examinee must pass each section
of the examination with a minimum score of 70% in order to qualify
for certification.
(g) An examination for Basic Fire Inspector shall consist of
three sections: Inspector I, Inspector II, and Plan Examiner I. The examinee must pass each section of the examination with a minimum
score of 70% in order to qualify for certification.
(h) An examination for Basic Structure Fire Protection and Intermediate Wildland Fire Protection shall consist of five sections: Fire
Fighter I, Fire Fighter II, First Responder Awareness, First Responder
Operations, and Intermediate Wildland Fire Protection. The examinee
must pass each section of the examination with a minimum score of
70% in order to qualify for certification.
(i)
All other state examinations consist of only one section.
(j) The individual who fails to pass a commission examination
for state certification will be given one additional opportunity to pass
the examination or section(s) [section] thereof. This opportunity must
be exercised within 180 days after the date of the first failure. [An
individual who passes the applicable state certification examination but
fails to pass a section thereof for an IFSAC seal(s) will be given one
additional opportunity to pass the section thereof. This opportunity
must be exercised within two years after the date of the first attempt.]
An examinee who fails to pass the examination within the required
time may not sit for the same examination again until the examinee has
re-qualified by repeating the curriculum applicable to that examination.
(k) An individual may obtain a new certificate in a discipline
which was previously held by passing a commission proficiency examination.
(l) If an individual who has never held certification in a discipline defined in §421.5 of this title (relating to Definitions), seeks
certification in that discipline, the individual shall complete all certification requirements.
(m) If an individual completesa commission [an] approved
training program, or a program that has been evaluated and deemed
equivalent to a certification curriculum approved by the commission,
such as an out-of-state or military training program or a training
program administered by the State Firemen's and Fire Marshals'
Association of Texas, the individual may use only one of the following
examination processes for certification: [must pass a commission
examination for certification status and meet any other certification
requirements in order to become eligible for certification by the
commission as fire protection personnel.]
(1) pass a commission examination; or
(2) submit documentation of the successful completion of
the Pro Board examination process administered by the Texas A&M
Engineering Extension Service; and
(3) meet any other certification requirements in order to become eligible for certification as fire protection personnel.
(4) An individual cannot use a combination of the two examination processes in this subsection from a single commission approved class for certification. An individual who chooses to submit to
the commission examination process may not utilize the other process
toward certification.
(n) An individual or entity may petition the commission for a
waiver of the examination required by this section if the person's certificate expired because of the individual's or employing entity's good faith
clerical error, or expired as a result of termination of the person's employment where the person has been restored to employment through a
disciplinary procedure or a court action. All required renewal fees including applicable late fees and all required continuing education must
be submitted before the waiver request may be considered.
(1) Applicants claiming good faith clerical error must submit a sworn statement together with any supporting documentation that
evidences the applicant's good faith efforts to comply with commission
renewal requirements and that failure to comply was due to circumstances beyond the control of the applicant.
(2) Applicants claiming restoration to employment as a result of a disciplinary or court action must submit a certified copy of the
order, ruling or agreement restoring the applicant to employment.
§439.3. Definitions.
The following words and terms, when used in this chapter, have the
following definitions unless the context clearly indicates otherwise.
(1) Certificate of Completion--A statement by the provider
of training certifying that an individual has successfully completed a
commission-approved certification curriculum or phase program for a
particular discipline, including having been evaluated by field examiners on performance skills identified by the commission. The certificate
of completion qualifies an individual to take an original certification
examination. The certificate expires two years from the date of completion. If an individual does not take the certification examination
prior to the expiration of the certificate of completion, he or she must
again complete the curriculum in order to obtain a new certificate of
completion.
(2) Curriculum--The competencies established by the commission as a minimum requirement for certification in a particular discipline.
PROPOSED RULES
June 3, 2016
41 TexReg 3989
(3) Designee--An entity or individual approved by commission staff to administer commission certification examinations
and/or performance skills in accordance with this chapter.
(4) Eligibility--A determination of whether or not an individual has met the requirements set by the commission and would
therefore be allowed to take a commission examination.
(5) Endorsement of eligibility--A statement testifying
to the fact that an individual has met all requirements specified by
the commission and is qualified to take a commission examination.
An endorsement of eligibility will be issued by a member of the
commission staff.
(6) Examination--A state test which an examinee must pass
as one of the requirements for certification.
(7) Examinee--An individual who has met the commission
requirements and therefore qualifies to take the commission examination.
(8) Field examiner--An individual authorized to evaluate
performance skills in commission approved curricula. The field examiner must possess a Fire Instructor Certification or other instructor qualification as allowed by §427.307(h) and (i) of this title (relating to On-Site and Distance Training Provider Staff Requirements) for
Wildland courses only, complete the on-line commission field examiner course, and sign an agreement to comply with the commission's
testing procedures. The field examiner must be approved by the commission to instruct all subject areas identified in the curriculum that he
or she will be evaluating. The field examiner must repeat the examiner
course every two years and submit a new Letter of Intent.
(9) Lead Examiner--A member of the commission staff or
a designee who has been assigned by the commission to administer a
commission examination.
(10) Letter of Intent--A statement, signed by an individual
applying to the commission for field examiner status, that he or she is
familiar with the commission's examination procedures, and agrees to
abide by the policies and guidelines as set out in Chapter 439 of this
title (relating to Examinations for Certification).
(11) Sectional examination--A test that covers one section
of a multiple section examination.
§439.7. Eligibility.
(a) An examination may not be taken by an individual who
currently holds an active certificate from the commission in the discipline to which the examination pertains, unless required by the commission in a disciplinary matter, or test scores have expired and the
individual is testing for IFSAC seals.
(b) An individual who passes an examination and is not certified in that discipline, will not be allowed to test again if the original
examination grade is still active, [until 30 days before the expiration
date of the previous examination] unless required by the commission
in a disciplinary matter.
(c) In order to qualify for a commission examination, the examinee must:
(1) meet or exceed the minimum requirements set by the
commission as a prerequisite for the specified examination;
(2) submit a test application with documentation showing
completion of a commission approved curriculum and any other prerequisite requirements, along with the appropriate application processing fee(s).
41 TexReg 3990
June 3, 2016
Texas Register
(3) receive from the commission an "Endorsement of Eligibility" letter and provide this letter to the lead examiner.
(4) bring to the test site, and display upon request, government issued identification which contains the name and photograph of
the examinee;
(5)
report on time to the proper location; and
(6) comply with all the written and verbal instructions of
the lead examiner.
(d) No examinee shall be permitted to:
(1) violate any of the fraud provisions of this section;
(2) disrupt the examination;
(3) bring into the examination site any books, notes, or
other written materials related to the content of the examination;
(4) refer to, use, or possess any such written material at the
examination site;
(5) give or receive answers or communicate in any manner
with another examinee during the examination;
(6) communicate at any time or in any way, the contents
of an examination to another person for the purpose of assisting or
preparing a person to take the examination;
(7) steal, copy, or reproduce any part of the examination;
(8) engage in any deceptive or fraudulent act either during
an examination or to gain admission to it;
(9) solicit, encourage, direct, assist, or aid another person
to violate any provision of this section; or
(10) bring into the examination site any electronic devices.
(e) No person shall be permitted to sit for any commission examination who has an outstanding debt owed to the commission.
§439.9. Grading.
(a) If performance skills are required as a part of the examination, the examinee must demonstrate performance skill objectives in a
manner consistent with performance skill evaluation forms provided by
the Commission. The evaluation format for a particular performance
skill will determine the requirements for passage of the skill. Each performance skill evaluation form will require successful completion of
one of the following formats:
(1) all mandatory tasks; or
(2) an accumulation of points to obtain a passing score of
at least 70%; or
(3)
subsection.
a combination of both paragraphs (1) and (2) of this
(b) The minimum passing score on each examination or section thereof [as outlined in §439.1(d) of this title (relating to Requirements--General)] shall be 70%. This means that 70% of the total possible active questions must be answered correctly. The commission
[Commission] may, at its discretion, invalidate any question.
(c) If the commission [Commission] invalidates an examination score for any reason, it may also, at the discretion of the
commission, [Commission,] require a retest to obtain a substitute valid
test score.
§439.11. Commission-Designated Performance Skill Evaluations.
(a) The commission-designated performance evaluations are
randomly selected from each subject area within the applicable curricu-
lum containing actual skill evaluations. This applies only for curricula
in which performance standards have been developed.
(b) The [During the course of instruction, the ] training
provider shall test [for competency,] the commission designated
performance skills for competency. The skill evaluations may only
[may be scheduled at any time during the course, but must] take place
after all training on the identified subject area has been completed.
The date(s), time(s) and location(s) for the commission designated
skill evaluations must be submitted on the commission designated
skill schedule contained within the Training Prior Approval system.
The commission must be notified immediately of any deviation from
the submitted commission designated skill schedule. All skills must
be evaluated by a commission approved field examiner.
(c) In order to qualify for the commission certification examination, the student must successfully complete and pass all designated
skill evaluations. The student may be allowed two attempts to complete each skill. A second failure during the evaluation process will
require remedial training in the failed skill area with a certified instructor before being allowed a third attempt. A third failure shall require
that the student repeat the entire certification curriculum.
(d) If performance skill evaluations are not conducted for a
student during the course of instruction, they must be conducted within
ninety days (90) following the end date of the course. If performance
skill evaluations are not conducted within the ninety day (90) period,
the student must repeat the course. The ninety (90) day period may be
extended for students who were unable to complete their performance
skill evaluations due to injury, illness, military commitment, or other
situation beyond their control.
(e) [(d)] The training facility must maintain records (electronic
or paper) of skills testing on each examinee. The records must reflect
the results of the evaluation of skills, the dates the evaluation of skills
took place, and the names of the field examiners who conducted the
evaluations.
(f) [(e)] For certification disciplines in which an IDLH environment may exist, all skill testing participants shall have available for
use NFPA compliant PPE and SCBA as defined in §435.1 of this title (relating to Protective Clothing) and §435.3 of this title (relating to
Self-Contained Breathing Apparatus).
§439.19.
Number of Test Questions.
(a) Each examination may have two types of questions: pilot
and active. Pilot questions are new questions placed on the examination
for statistical purposes only. These questions do not count against an
examinee if answered incorrectly.
(b) The number of questions on an [the state] examination,
sectional examination, or retest will be based upon the specific examination, or number of recommended hours for a [in the] particular curriculum or section as shown in the table below. Any pilot questions
added to an examination, sectional examination, or retest will be in addition to the number of exam questions. [being tested. The standard is
outlined below:]
Figure: 37 TAC §439.19(b)
[Figure: 37 TAC §439.19(b)]
to adopt.
TRD-201602492
Tim Rutland
Executive Director
♦
CHAPTER 451.
♦
♦
FIRE OFFICER
The Texas Commission on Fire Protection (the commission) proposes new §451.307, International Fire Service Accreditation
Congress (IFSAC) Seal, under Subchapter C, Minimum Standards for Fire Officer III, and new §451.407, International Fire
Service Accreditation Congress (IFSAC) Seal, under Subchapter D, Minimum Standards for Fire Officer IV.
The purpose of the proposed new sections is to add language
for the issuance of International Fire Service Accreditation Congress (IFSAC) seals for Fire Officer III and Fire Officer IV.
year of the first five-year period the proposed new sections are
in effect, there will be no fiscal impact on state or local governments.
Mr. Rutland has also determined that for each year of the first five
years the proposed new sections are in effect, the public benefit
from the passage is that individuals certified as Fire Officer III or
Fire Officer IV can obtain IFSAC seals. There will be no effect
on micro or small businesses or persons required to comply with
the new sections as proposed.
Comments regarding the proposed new sections may be submitted, in writing, within 30 days following the publication of this
SUBCHAPTER C. MINIMUM STANDARDS
FOR FIRE OFFICER III
37 TAC §451.307
The new section is proposed under Texas Government Code,
duties; and §419.032, which allows the commission to establish
qualifications for certifying individuals as fire protection personnel.
The proposed new section implements Texas Government
Code, Chapter 419, §419.008 and §419.032.
§451.307. International Fire Service Accreditation Congress (IFSAC) Seal.
(a) Individuals holding a current commission Fire Officer III
certification received prior to September 1, 2016, may be granted an
International Fire Service Accreditation Congress (IFSAC) seal as a
Fire Officer III by making application to the commission for the IFSAC
seal and paying applicable fees. This subsection will expire on August
31, 2017.
(b) Individuals completing a commission approved Fire Officer III program; documenting IFSAC seals for Fire Fighter II, Instructor II and Fire Officer II; and passing the applicable state examination,
may be granted an IFSAC seal as a Fire Officer III by making application to the commission for the IFSAC seal and paying applicable fees.
PROPOSED RULES
June 3, 2016
41 TexReg 3991
to adopt.
TRD-201602490
Tim Rutland
Executive Director
♦
♦
♦
SUBCHAPTER D. MINIMUM STANDARDS
FOR FIRE OFFICER IV
37 TAC §451.407
(b) Individuals completing a commission approved Fire Officer IV program; documenting IFSAC seals for Fire Fighter II, Instructor II and Fire Officer III; and passing the applicable state examination,
may be granted an IFSAC seal as a Fire Officer IV by making application to the commission for the IFSAC seal and paying applicable fees.
to adopt.
The new section is proposed under Texas Government Code,
duties; and §419.032, which allows the commission to establish
qualifications for certifying individuals as fire protection personnel.
The proposed new section implements Texas Government
Code, Chapter 419, §419.008 and §419.032.
41 TexReg 3992
§451.407. International Fire Service Accreditation Congress (IFSAC) Seal.
(a) Individuals holding a current commission Fire Officer IV
certification received prior to September 1, 2016, may be granted an
International Fire Service Accreditation Congress (IFSAC) seal as a
Fire Officer IV by making application to the commission for the IFSAC
seal and paying applicable fees. This subsection will expire on August
31, 2017.
June 3, 2016
Texas Register
TRD-201602491
Tim Rutland
Executive Director
♦
♦
♦
TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION
COORDINATING BOARD
TRD-201602500
♦
♦
♦
22 TAC §77.10
CHAPTER 21. STUDENT SERVICES
SUBCHAPTER II. EDUCATIONAL AIDE
EXEMPTION PROGRAM
Proposed new §77.10, published in the November 20, 2015, issue of the Texas Register (40 TexReg 8091), is withdrawn. The
agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)
19 TAC §21.1084
The Texas Higher Education Coordinating Board withdraws the
proposed amendment to §21.1084 which appeared in the May
6, 2016, issue of the Texas Register (41 TexReg 3223).
TRD-201602467
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 19, 2016
♦
♦
TRD-201602501
♦
PART 9.
♦
♦
TEXAS MEDICAL BOARD
CHAPTER 174.
TELEMEDICINE
22 TAC §174.11
The Texas Medical Board withdraws the proposed amendments
to §174.11 which appeared in the February 12, 2016, issue of
the Texas Register (41 TexReg 1075).
♦
TRD-201602455
Mari Robinson, J.D.
Executive Director
Texas Medical Board
Effective date: May 19, 2016
CHIROPRACTIC EXAMINERS
CHAPTER 77.
PROFESSIONAL CONDUCT
22 TAC §77.10
Proposed repeal of §77.10, published in the November 20, 2015,
issue of the Texas Register (40 TexReg 8090), is withdrawn. The
agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).)
♦
♦
WITHDRAWN RULES June 3, 2016
♦
41 TexReg 3993
TITLE 19. EDUCATION
PART 1. TEXAS HIGHER EDUCATION
COORDINATING BOARD
CHAPTER 1. AGENCY ADMINISTRATION
19 TAC §1.6
The Texas Higher Education Coordinating Board (Coordinating
Board) adopts amendments to §1.6 concerning Advisory Committees without changes to the proposed text as published in
the February 12, 2016, issue of the Texas Register (41 TexReg
1063). Specifically, the amendment to §1.6(g) provides a nomination process for non-higher education institutional representatives on certain Coordinating Board advisory committees. This
section is also amended to specify that the Board may replace a
member who becomes unassociated with the nominating institution or entity.
There were no comments received concerning these amendments.
The amendments are adopted under the Texas Government
Code, Chapter 2110, which provides the Coordinating Board
with the authority to create advisory committees.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
TRD-201602402
Bill Franz
General Counsel
Effective date: June 6, 2016
Proposal publication date: February 12, 2016
♦
♦
♦
19 TAC §1.18
Board) adopts amendments to §1.18 concerning the status of the
Education Research Center Advisory Board as a governmental
body without changes to the proposed text as published in the
February 5, 2016, issue of the Texas Register (41 TexReg 886).
Specifically, the amendments to this section add Texas Education Code, §1.006(b), where the Education Research Center Advisory Board is considered to be a governmental body.
There were no comments received concerning the amendments
to this section.
The amendments address the changes to Texas Education
Code, §1.006(b), as amended by Senate Bill 685, 84th legislature.
TRD-201602403
Bill Franz
General Counsel
♦
SUBCHAPTER E.
PROCEDURE
♦
♦
STUDENT COMPLAINT
19 TAC §§1.110, 1.113 - 1.115
Board) adopts amendments to §§1.110, 1.113, 1.114, and 1.115
concerning the Student Complaint Procedure without changes to
the proposed text as published in the February 12, 2016, issue of
the Texas Register (41 TexReg 1064). The amended rules clarify
and update the procedures for filing a student complaint against
an institution of higher education. The new language provides
for the use of a more efficient online student complaint form, updates the mailing address for complaints mailed to the Agency,
and specifies that the evaluation of a student's academic performance is under the sole purview of the student's institution and
its faculty.
to these sections.
The amendments are adopted under the Texas Education Code,
§61.031, which provides the Coordinating Board with the authority to adopt rules for handling student complaints concerning
higher education institutions.
TRD-201602404
ADOPTED RULES
June 3, 2016
41 TexReg 3995
Bill Franz
General Counsel
♦
♦
♦
SUBCHAPTER K. FORMULA ADVISORY
COMMITTEE - COMMUNITY AND
TECHNICAL COLLEGES
19 TAC §§1.156, 1.158, 1.161
Board) adopts amendments to §§1.156, 1.158, and 1.161,
concerning the Formula Advisory Committee - Community and
Technical Colleges, without changes to the proposed text as
published in the February 5, 2016, issue of the Texas Register
(41 TexReg 887). Specifically, the amendment to §1.156 adds
Texas Education Code, §61.059(b-1), as part of the statutory authority for Subchapter K. Specifically, the amendment to §1.158
allows the formula advisory committee to appoint workgroups
or subcommittees (which are currently allowed). Specifically,
the amendment to §1.161 corrects the citation regarding the
state's higher education master plan from §61.051(a)(2) to
§61.051(a)(1).
to these sections.
§61.059(b), which provides the Coordinating Board with authority to review and revise formula recommendations for institutions
of higher education.
TRD-201602405
Bill Franz
General Counsel
♦
♦
♦
SUBCHAPTER L. FORMULA ADVISORY
COMMITTEE - GENERAL ACADEMIC
INSTITUTIONS
19 TAC §1.164, §1.169
Board) adopts amendments to §1.164 and §1.169, concerning
the Formula Advisory Committee - General Academic Institutions, without changes to the proposed text as published in the
February 5, 2016, issue of the Texas Register (41 TexReg 887).
Specifically, the amendment to §1.164 adds Texas Education
41 TexReg 3996
June 3, 2016
Texas Register
Code, §1.059(b-1), as part of the statutory authority for Subchapter K. Specifically, the amendment to §1.169 corrects the
citation regarding the state's higher education master plan from
Texas Education Code, §61.051(a-2) to §61.051(a-1).
to these sections.
TRD-201602406
Bill Franz
General Counsel
♦
♦
♦
SUBCHAPTER M. FORMULA ADVISORY
COMMITTEE - HEALTH-RELATED
INSTITUTIONS
19 TAC §1.176
Board) adopts amendments to §1.176, concerning the Formula Advisory Committee - Health-Related Institutions, without
changes to the proposed text as published in the February 5,
2016, issue of the Texas Register (41 TexReg 888). Specifically,
the amendment corrects the citation regarding the state's higher
education master plan from Texas Education Code §61.051(a-2)
to §61.051(a-1).
to this section.
TRD-201602407
Bill Franz
General Counsel
♦
♦
♦
SUBCHAPTER CC. FINANCIAL LITERACY
ADVISORY COMMITTEE
thority to adopt rules for the Apply Texas Admission Application
Forms.
19 TAC §§1.9521 - 1.9527
Board) adopts new §§1.9521 - 1.9527, concerning the creation
of the Financial Literacy Advisory Committee, without changes
to the proposed text as published in the February 19, 2016, issue
of the Texas Register (41 TexReg 1197). The new rules are in
accordance with Senate Bill 215 passed by the 83rd Texas Legislature, Regular Session. Specifically, these new rules govern
the purpose, membership, meeting requirements, tasks, reporting requirements, and abolishment date of the Financial Literacy
Advisory Committee.
There were no comments received regarding these new sections.
The new rules are adopted under Texas Education Code, Chapter 61, §61.026(c) and Government Code, Chapter 2110, which
provides the Coordinating Board with the authority to create advisory committees.
TRD-201602408
Bill Franz
General Counsel
♦
♦
♦
TRD-201602409
Bill Franz
General Counsel
♦
♦
♦
SUBCHAPTER Q. APPROVAL OF
OFF-CAMPUS AND SELF-SUPPORTING
COURSES AND PROGRAMS FOR PUBLIC
INSTITUTIONS
19 TAC §4.278
Board) adopts amendments to §4.278 concerning Approval of
Off-Campus and Self-Supporting Courses and Program for Public without changes to the proposed text as published in the February 5, 2016, issue of the Texas Register (41 TexReg 890). The
intent of these amendments is to clarify the approval authority of
higher education regional councils over dual credit partnerships
between secondary schools and Texas public colleges and universities.
One comment was received concerning these amendments as
follows:
CHAPTER 4. RULES APPLYING TO
ALL PUBLIC INSTITUTIONS OF HIGHER
EDUCATION IN TEXAS
Comment: The University of Texas at Rio Grande Valley commented in support of the proposed change and stated the
change clarified the rules.
19 TAC §4.11
The amendments are adopted under Texas Education Code,
Chapter 61, Subchapter C, §61.0512, which authorized the Coordinating Board to approve courses for credit and distance education programs, including off-campus and self-supporting programs, and Chapter 130, Subchapter A, §130.001 and Chapter
28, Subchapter A, §28.009, which provide for the offering of dual
credit courses by public institutions of higher education.
Board) adopts amendments to §4.11 concerning the Common
Admission Application Forms without changes to the proposed
text as published in the February 12, 2016, issue of the Texas
Register (41 TexReg 1065). The amendments add needed definitions and reorganize old provisions of the rules to better group
related topics. Old language is amended to reflect the multiple
common admissions applications that are available and to reflect
that two-year public institutions are now required to accept Apply
Texas applications. New language indicates institutions failing to
pay their share of the cost by the due date may be denied access to incoming application data until such time that payments
are received.
to this section.
§51.762, which provides the Coordinating Board with the au-
Response: No changes were made to the proposed text as a
result of this comment.
TRD-201602410
Bill Franz
General Counsel
ADOPTED RULES
June 3, 2016
41 TexReg 3997
♦
♦
♦
CHAPTER 6. HEALTH EDUCATION,
TRAINING, AND RESEARCH FUNDS
SUBCHAPTER K. AUTISM GRANT
PROGRAM
19 TAC §§6.210 - 6.218
Board) adopts new §§6.210 - 6.218, concerning the Autism
Grant Program, without changes to the proposed text as published in the February 26, 2016, issue of the Texas Register (41
TexReg 1319). The intent of these new sections is to specify
the Board's criteria and process for awarding grants under the
program to existing Autism Research Centers to increase parent-directed treatment; training for teachers/paraprofessionals;
and research, development, and evaluation of innovative autism
treatment models. In addition, Senate Bill 215, 83rd Texas
Legislature, Regular Session, called for the Board to engage
institutions of higher education in a negotiated rulemaking
process as described in Chapter 2008, Government Code in
the development of such rules. The new Autism Grant Program
rules were reviewed and approved by the Negotiated Rulemaking Committee on the Autism Grant Program on February 3,
2016.
There were no comments received concerning these new sections.
The new rules are adopted under Texas Education Code, Chapter 61, §61.0331, which provides the Coordinating Board with the
authority to engage institutions of higher education in a negotiated rulemaking process, when adopting a policy, procedure, or
rule relating to the allocation or distribution of funds.
TRD-201602411
Bill Franz
General Counsel
♦
♦
♦
CHAPTER 13. FINANCIAL PLANNING
SUBCHAPTER A. DEFINITIONS
19 TAC §13.1
Board) adopts amendments to §13.1 concerning Definitions
without changes to the proposed text as published in the February 5, 2016, issue of the Texas Register (41 TexReg 891).
Specifically, the amendments expand the definition of functional
categories to include scholarships and fellowships, depreciation, and auxiliary enterprises. The citation for the definition
of General Academic Institutions is corrected from Chapter
61 to §61.003(3). The term "Higher Education Assistance
41 TexReg 3998
June 3, 2016
Texas Register
Fund (HEAF)" is changed to "Higher Education Fund (HEF)"
to conform to the General Appropriations Act. The definition
of independent institutions of higher education is expanded to
include the citation Texas Education Code, §61.003(15), which
lists the criteria for being an independent institution of higher
education, and the citation regarding exemption from taxation is
corrected from Article V of the Texas Constitution to Article VIII.
The definition of Institution of Higher Education or Institution is
expanded to include public state colleges to conform to Texas
Education Code, §61.003(8). In the definition of Local Funds,
"educational general" is changed to "educational and general"
to conform to the Texas Education Code. The definition of
Non-Degree-Credit Developmental Courses is deleted because
this term is not used in Chapter 13. Definition numbers (22),
(23), and (24) are renumbered to (21), (22), and (23), respectively, because definition number (21), Non-Degree-Credit
Developmental Courses, is deleted.
to this section.
§61.065, which provides the Coordinating Board and the Comptroller of Public Accounts with the authority to prescribe a uniform system of financial accounting and reporting for institutions
TRD-201602412
Bill Franz
General Counsel
♦
SUBCHAPTER C.
♦
♦
BUDGETS
19 TAC §§13.42, 13.43, 13.47
Board) adopts amendments to §§13.42, 13.43, and 13.47
concerning clarification of terms of the rules on budgets without
2016, issue of the Texas Register (41 TexReg 892). Specifically,
the amendments change "Higher Education Assistance Fund
(HEAF)" to "Higher Education Fund (HEF)", "HEAF" to "HEF",
and "HEAF-backed" to "HEF-backed" to conform to the General
Appropriations Act.
to these sections.
§61.065, which provides the Coordinating Board and the Comptroller of Public Accounts with the authority to prescribe a uniform system of financial accounting and reporting for institutions
TRD-201602413
Bill Franz
General Counsel
♦
♦
♦
CHAPTER 15. NATIONAL RESEARCH
UNIVERSITIES
SUBCHAPTER C. NATIONAL RESEARCH
UNIVERSITY FUND
19 TAC §15.43
Board) adopts amendments to §15.43 concerning the eligibility
criteria to receive distributions from the National Research
University Fund with changes to the proposed text as published in the February 5, 2016, issue of the Texas Register (41
TexReg 893). The intent of the amendments is to clarify the
academic achievement of a freshman class; faculty distinctions
are counted for each of two years measured; and faculty awards
of distinction are counted only in the year the award was given.
(A) the value of the institution's endowment funds is at
least $400 million in each of the two state fiscal years preceding the
state fiscal year for which the appropriation is made;
(B) the institution awarded at least 200 doctor of philosophy degrees during each of the two academic years preceding the
state fiscal year for which the appropriation is made;
(C) in each of the two academic years preceding the
state fiscal year for which the appropriation is made, the entering freshman class of the institution demonstrated high academic achievement
as reflected in the following criteria:
(i) At least 50 percent of the first-time entering
freshman class students at the institution are in the top 25 percent of
their high school class; or
(ii) The average SAT score of first-time entering
freshman class students at or above the 75th percentile of SAT scores
was equal to or greater than 1210 (consisting of the Critical Reading
and Mathematics Sections) or the average ACT score of first-time
entering freshman class students at or above the 75th percentile of
ACT scores was equal to or greater than 26; and
One comment was received from Texas State University.
(iii) The composition of the institution's first-time
entering freshman class demonstrates progress toward reflecting the
population of the state or the institution's region with respect to underrepresented students and shows a commitment to improving the academic performance of underrepresented students. One way in which
this could be accomplished is by active participation in one of the Federal TRIO Programs, such as having one or more McNair Scholars in
a particular cohort.
Comment: The comment noted that awards and not faculty
should be counted in §15.43(b)(3)(E)(ii), since a single faculty
may receive multiple awards in a given year.
(D) the institution is designated as a member of the Association of Research Libraries, has a Phi Beta Kappa chapter, or is a
member of Phi Kappa Phi;
Response: Staff agree with this change. Coordinating Board
practice in previous years has been to count multiple awards by
a single faculty. The change based on the comment received is
adopted for §15.43(b)(3)(E)(i) and (ii).
(E) in each of the two academic years preceding the
state fiscal year for which the appropriation is made, the faculty of the
institution was of high quality as reflected in the following:
The rule is adopted under Texas Education Code, Chapter
62, Subchapter G, §62.146, which authorizes the Coordinating
Board to prescribe standard methods of reporting for determining the eligibility of institutions to receive distributions from the
National Research University Fund.
§15.43.
Eligibility.
(a) The eligibility criteria for a general academic teaching institution to receive distributions from the Fund include: having an entering freshman class of high academic achievement; receiving recognition of research capabilities and scholarly attainment of the institution; having a high-quality faculty; and demonstrating commitment to
high-quality graduate education.
(i) The cumulative number of national or international distinctions tenured/tenure-track faculty achieved through recognition as a member of one of the National Academies (including National Academy of Science, National Academy of Engineering, Academy of Arts and Sciences, and Institute of Medicine) or are Nobel Prize
recipients is equal to or greater than 5 for each year; or
(ii) The annual number of awards of national and international distinction received by tenured/tenure-track faculty during
a given academic year in any of the following categories is equal to or
greater than 7 for each year.
(I)
(III)
(V)
(2) in each of the two state fiscal years preceding the state
fiscal year for which the appropriation is made, the institution expended
at least $45 million in restricted research funds; and
(VII)
the institution satisfies at least four of the following six
American Law Institute
(IV) Beckman Young Investigators
(1) the institution is designated as an emerging research
university under the coordinating board's accountability system;
(3)
American Council of Learned Societies
(ACLS) Fellows
(b) A general academic teaching institution is eligible to receive an initial distribution from the Fund appropriated for each state
fiscal year if:
criteria:
American Academy of Nursing Member
(II)
Burroughs Wellcome Fund Career Awards
(VI)
(VIII)
(IX)
Cottrell Scholars
Getty Scholars in Residence
Guggenheim Fellows
Howard Hughes Medical Institute Investi-
gators
(X)
ADOPTED RULES
Lasker Medical Research Awards
June 3, 2016
41 TexReg 3999
(XI)
MacArthur Foundation Fellows
(XII) Andrew W. Mellon Foundation Distinguished Achievement Awards
(XIII)
National Endowment for the Humanities
(XIV)
National Humanities Center Fellows
(NEH) Fellows
(XV)
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National Institutes of Health (NIH) MERIT
(XVI) National Medal of Science and National
Medal of Technology winners
(XVII) NSF CAREER Award winners (excluding those who are also PECASE winners)
(XVIII) Newberry Library Long-term Fellows
(XIX) Pew Scholars in Biomedicine
(XX) Pulitzer Prize Winners
(XXI) Winners of the Presidential Early Career
Awards for Scientists and Engineers (PECASE)
(XXII)
Robert Wood Johnson Policy Fellows
(XXIII) Searle Scholars
(XXIV)
Sloan Research Fellows
(XXV)
Woodrow Wilson Fellows
(iii) In lieu of meeting either clause (i) or (ii) of this
subparagraph, an institution may request that a comprehensive review
of the faculty in five of the institution's Doctoral degree programs be
conducted by external consultants selected by Coordinating Board staff
in consultation with the institution and said review must demonstrate
that the faculty are comparable to and competitive with faculty in similar programs at public institutions in the Association of American Universities. Costs for the review shall be borne by the institution. This
review is only available if the institution has already met or, as determined by Coordinating Board staff, is on track to meet three of the other
eligibility criteria listed in subparagraphs (A) - (D) of this paragraph;
(F) in each of the two academic years preceding the
state fiscal year for which the appropriation is made, the institution has
demonstrated a commitment to high-quality graduate education as reflected in the following:
(i) The number of Graduate-level programs at the institution is equal to or greater than 50;
(ii) The Master's Graduation Rate at the institution
is 56 percent or higher and the Doctoral Graduation Rate is 58 percent
or higher; and
(iii) The institution must demonstrate that the overall commitment to five Doctoral degree programs, including the financial support for Doctoral degree students, is competitive with that of
comparable high-quality programs at public institutions in the Association of American Universities. The five Doctoral degree programs
selected for this review must be those selected in subparagraph (E)(iii)
of this paragraph or, if subparagraph (E)(iii) of this paragraph is not
chosen by the institution, then any five Doctoral degree programs at
the institution. Costs for the review shall be borne by the institution.
41 TexReg 4000
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General Counsel
June 3, 2016
Texas Register
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CHAPTER 21. STUDENT SERVICES
19 TAC §21.1
Board) adopts amendments to §21.1 concerning General Provisions without changes to the proposed text as published in
1066). Specifically, this section regarding the interest and sinking fund was identified for adjustment during the agency's fouryear rule review process and is amended to reflect current student loan bond covenants, statute, and industry standards. Outdated language has been removed. Language has been provided regarding the deposits into the interest and sinking fund
to ensure coverage of the ensuing fiscal year's bond obligations
(interest and principal). Language has also been provided regarding the Board's ability to transfer excess funds out of the
interest and sinking fund and into the Texas Opportunity Plan
Fund or the Student Loan Auxiliary Fund.
No comments were received regarding the amendments to this
section.
Chapter 52, Subchapter A, which provides the Coordinating
Board with the authority to adopt rules to implement the General
Provisions of the Student Financial Assistance Act of 1975.
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19 TAC §§21.9 - 21.11
Board) adopts the repeal of §§21.9 - 21.11 concerning General
Provisions without changes to the proposed text as published in
1067). Section 21.9 is repealed and is no longer relevant, due to
the elimination of tuition set asides to fund the B-On-Time Loan
Program (House Bill 700, 84th Texas Legislature).
Section 21.10 and §21.11 are repealed and readopted to reflect
renumbering and new language.
There were no comments received regarding the repeal of these
sections.
The repeal is adopted under Texas Education Code, Chapter 52,
Subchapter A, which provides the Coordinating Board with the
authority to adopt rules to implement the General Provisions of
the Student Financial Assistance Act of 1975.
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General Counsel
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19 TAC §21.9, §21.10
Board) adopts new §21.9 and §21.10 concerning General Provisions without changes to the proposed text as published in
1068). These new sections are readopted to reflect renumbering
and new language. New §21.10 is amended to eliminate reference to the first academic year (2013-2014, or later) to which the
financial aid priority application deadline was applicable.
No comments were received regarding the new sections.
The new sections are adopted under Texas Education Code,
Chapter 52, Subchapter A, which provides the Coordinating
Board with the authority to adopt rules to implement the General
Provisions of the Student Financial Assistance Act of 1975.
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General Counsel
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SUBCHAPTER D. HINSON-HAZLEWOOD
COLLEGE STUDENT LOAN PROGRAM: ALL
LOANS MADE BEFORE FALL SEMESTER,
1971, NOT SUBJECT TO THE FEDERALLY
INSURED STUDENT LOAN PROGRAM
19 TAC §21.100
Board) adopts the repeal of §21.100, concerning the Hinson-Hazlewood College Student Loan Program: All Loans Made Before
Fall Semester, 1971, Not Subject To The Federally Insured Student Loan Program, without changes to the proposed text as
published in the February 12, 2016, issue of the Texas Register (41 TexReg 1068). Specifically, Senate Bill 215, 83rd Texas
Legislature, repealed Texas Education Code, §52.56, which required the Coordinating Board to provide an annual report on the
operations of the Texas Opportunity Plan Fund. Since §52.56
has been repealed, it is appropriate to delete §21.100 from the
rules.
No comments were received regarding the repeal of this section.
The repeal is adopted under Texas Education Code, Chapter
52, which provides the Coordinating Board with the authority to
adopt rules to implement the Hinson-Hazlewood College Student Loan Program: All Loans Made Before Fall Semester, 1971,
Not Subject To The Federally Insured Student Loan Program
TRD-201602418
Bill Franz
General Counsel
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SUBCHAPTER E. TEXAS B-ON-TIME LOAN
PROGRAM
19 TAC §21.134
Board) adopts amendments to §21.134 (Allocation and Reallocation of Funds for Private or Independent Institutions of Higher
Education) concerning the Texas B-On-Time Loan Program without changes to the proposed text as published in the February
26, 2016, issue of the Texas Register (41 TexReg 1321). House
Bill 1, 84th Texas Legislature, Article III Provision 56, requires
funds appropriated for the BOT Program be for renewal awards
only. The intent of the amendments is to incorporate into existing rule changes and provisions developed by the Negotiated
Rule-Making Committee. Language has been changed for the
methodology used to determine institutional allocations. The
newly amended statute will affect students enrolling in private
and independent institutions, community colleges, and healthrelated institutions. Changes to this section are made in accordance with Senate Bill 215, passed by the 83rd Texas Legislature, Regular Session, which called for the Board to engage institutions of higher education in a negotiated rulemaking process
as described by Chapter 2008, Government Code, "when adopting a policy, procedure, or rule relating to...the allocation or distribution of funds, including financial aid or other trusteed funds
under §61.07761."
Specifically, §21.134(a) is amended to include the methodology
with which institutional allocations will be determined. Amend-
ADOPTED RULES
June 3, 2016
41 TexReg 4001
ments to §21.134(b), concerning reallocations, change the calendar month and day in which institutions have to encumber and
spend program funds allocated to them and add language as
to the methodology used to handle institutions' request for additional funds. Amendments to §21.134(c) clarify the impact of
funding reductions during the biennium.
No comments were received regarding the proposed amendments.
§61.07761 and former §56.463, which provided the Coordinating
Board with the authority to adopt rules to implement the Texas
B-On-Time Loan Program.
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General Counsel
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19 TAC §21.136
Board) adopts amendments to §21.136 (Allocation and Reallocation of Funds for Eligible Public Institutions of Higher Education) concerning the Texas B-On-Time Loan Program without
2016, issue of the Texas Register (41 TexReg 1322).
House Bill 1, 84th Texas Legislature, Article III Provision 44,
requires that funds appropriated for the Texas B-On-Time
Loan Program be for renewal awards only. The intent of the
amendments is to incorporate into existing rule changes and
provisions developed by the Negotiated Rule-Making Committee. Language has been changed for the methodology used to
determine institutional allocations. The newly amended statute
will affect students enrolling in public four-year institutions.
Changes to this section are made in accordance with Senate Bill
215, passed by the 83rd Texas Legislature, Regular Session,
which called for the Board to engage institutions of higher
education in a negotiated rulemaking process as described by
Chapter 2008, Government Code, "when adopting a policy,
procedure, or rule relating...to the allocation or distribution of
funds, including financial aid or other trusteed funds under
§61.07761."
§61.07761 and former §56.463, which provided the Coordinating
Board with the authority to adopt rules to implement the Texas
B-On-Time Loan Program.
TRD-201602420
Bill Franz
General Counsel
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SUBCHAPTER G. TEACH FOR TEXAS LOAN
REPAYMENT ASSISTANCE PROGRAM
19 TAC §§21.171 - 21.176
The Texas Higher Education Coordinating Board adopts the
repeal of §§21.171 - 21.176 concerning the Teach for Texas
Loan Repayment Assistance Program without changes to the
proposed text as published in the January 1, 2016, issue of the
Texas Register (41 TexReg 71). The Board also adopts new
rules that will add definitions, eliminate redundant language,
add clarifying language, and renumber sections, as appropriate.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code,
§56.352, which authorizes the Coordinating Board to provide
repayment assistance to qualifying persons, in accordance with
the statute and Board rules.
TRD-201602422
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General Counsel
Proposal publication date: January 1, 2016
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Specifically, §21.136(a) is amended to include the methodology
with which institutional allocations will be determined. Amendments to §21.136(b), concerning reallocations, indicate the calendar month and day in which institutions have to encumber
program funds allocated to them and add language as to the
methodology used to handle institutions' request for additional
funds. Amendments to §21.136(c) clarify the impact of funding
reductions during the biennium.
The Texas Higher Education Coordinating Board adopts new
§§21.171 - 21.176 concerning the Teach for Texas Loan Repayment Assistance Program without changes to the proposed text
as published in the January 1, 2016, issue of the Texas Register
(41 TexReg 71).
Section 21.171 regarding authority and purpose does not include
any changes.
41 TexReg 4002
June 3, 2016
Texas Register
19 TAC §§21.171 - 21.176
Section 21.172 introduces new definitions for certified educator,
shortage communities, shortage teaching fields, and teaching
full time.
Section 21.173 (formerly §21.174) regarding teacher eligibility
requirements excludes language that is provided in proposed
new definitions, making the section more concise.
Section 21.174 (formerly §21.173), regarding priorities of application acceptance and ranking of applications, provides more
details on the criteria for ranking applications. The financial need
component, the final criterion considered in the ranking process
if funds remain available after applying other ranking criteria, is
adopted to be based on the applicant's adjusted gross income reported on the most recent federal income tax return, rather than
being based on the amount of student loan indebtedness. To
date, the financial need criterion has not been a factor because
funds have not been available after the preceding four ranking
criteria have been applied. However, should financial need become a factor in the ranking process, adjusted gross income is
a more appropriate reflection of general financial need than the
amount of student loan debt.
Section 21.175 regarding eligible lender and eligible education
loan adds language stating that credit card debt, equity loans,
and other similar personal loan products are not considered educational loans eligible for repayment.
Section 21.176 regarding repayment of education loans does not
include any changes.
No comments were received regarding the new rules.
The new rules are adopted under the Texas Education Code,
§56.352, which authorizes the Coordinating Board to provide repayment assistance to qualifying persons, in accordance with
the statute and Board rules.
TRD-201602421
Bill Franz
General Counsel
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SUBCHAPTER H. TEACHER EDUCATION
LOAN PROGRAM
19 TAC §§21.191 - 21.207
Board) adopts the repeal of §§21.191 - 21.207 concerning the
Teacher Education Loan Program without changes to the proposed text as published in the February 12, 2016, issue of the
Texas Register (41 TexReg 1069). Specifically, the 71st Texas
Legislature repealed the Teacher Education Loan Program in
1989, and there are no remaining loans in repayment. Since
this is no longer an active program, it is appropriate to delete the
rules.
54, §54.101 which provided the Coordinating Board with the authority to adopt rules to implement the Teacher Education Loan
Program.
TRD-201602423
Bill Franz
General Counsel
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SUBCHAPTER I.
PROGRAM
♦
♦
FUTURE TEACHER LOAN
19 TAC §§21.221 - 21.241
Future Teacher Loan Program without changes to the proposed
text as published in the February 12, 2016, issue of the Texas
Register (41 TexReg 1069). Specifically, the 71st Texas Legislature repealed the program in 1989, and there are no remaining
loans in repayment. Since this is no longer an active program, it
is appropriate to delete the rules.
The repeal is adopted under Texas Education Code, §60.03
which, prior to the program's repeal in 1989, provided the Coordinating Board with the authority to adopt rules to implement
the Future Teacher Loan Program.
TRD-201602424
Bill Franz
General Counsel
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SUBCHAPTER L. PAUL DOUGLAS TEACHER
SCHOLARSHIP PROGRAM
19 TAC §§21.301 - 21.325
ADOPTED RULES
June 3, 2016
41 TexReg 4003
Paul Douglas Teacher Scholarship Program without changes to
the proposed text as published in the February 12, 2016, issue
of the Texas Register (41 TexReg 1070). Specifically, federal
legislation rescinded funding for this program in 1995, and there
are no remaining loans in repayment. Since this is no longer an
active program, it is appropriate to delete the rules.
Bill Franz
General Counsel
SUBCHAPTER S. BORDER COUNTY
DOCTORAL FACULTY EDUCATION LOAN
REPAYMENT PROGRAM
The repeal is adopted under Title V Part C (formerly Part D), of
the Higher Education Act of 1965, as amended, which provides
the Coordinating Board with the authority to adopt rules to implement the Paul Douglas Teacher Scholarship Program.
TRD-201602425
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General Counsel
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SUBCHAPTER O. EARLY CHILDHOOD CARE
PROVIDER STUDENT LOAN REPAYMENT
PROGRAM
19 TAC §§21.465 - 21.477
Board) adopts the repeal of §§21.465 - 21.477 concerning
the Early Childhood Care Provider Student Loan Repayment
Program without changes to the proposed text as published
in the February 12, 2016, issue of the Texas Register (41
TexReg 1071). Specifically, no funds have been appropriated
for this program since FY2005. Since this is no longer an active
program, it is appropriate to delete the rules.
61, §61.871, which provided the Coordinating Board with the
authority to adopt rules to implement the Early Childhood Care
Provider Student Loan Repayment Program.
TRD-201602426
41 TexReg 4004
June 3, 2016
Texas Register
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19 TAC §§21.590 - 21.596
Board) adopts amendments to §§21.590 - 21.596, concerning
the Border County Doctoral Faculty Education Loan Repayment
Program. Section 21.590 is adopted with changes to the proposed text as published in the February 12, 2016, issue of the
Texas Register (41 TexReg 1071). Sections 21.591 - 21.596 are
adopted without changes.
Specifically, the intent of these amendments is to clarify the definition of eligible institution, align the description of eligible lender
and eligible loans with the description used for other loan repayment program rules, and provide more information on the application process.
Section 21.590 is renamed "Authority and Purpose" and
amended to eliminate the redundant scope statement and add
the words "eligible" and "Texas" to the purpose statement.
Section 21.591 regarding eligible institution is amended to state
that medical and dental units are not considered eligible institutions for purposes of this program. Additionally, for institutions
that are not the main campus, both the main campus and the
campus where the faculty member works must be located in a
Texas county that borders Mexico to qualify a faculty member for
participation in the program. A definition for Board is also added.
Section 21.592 is renamed "Application Process". The amendments to this section provide a description of the application
process, whereby institutional presidents and/or their designees
(1) invite faculty to apply, (2) rank the initial-year applications according to objective criteria they have developed, and (3) submit
the applications to the Board in priority order, with a description
of the ranking criteria.
Section 21.593 is renamed "Priority Applications and Ranking
Criteria." This amendment suggests possible ranking criteria,
mirroring criteria documented by officials at some participating
institutions in recent years. The statement regarding prior conditional approval is deleted because it is no longer applicable.
Section 21.594 is renamed "Eligible Lender and Eligible Education Loan," and amended to align with the description that appears for this section in other state loan repayment programs.
Section 21.595 is amended to state that the faculty member must
have received a doctoral degree from an institution that is accredited by a recognized accrediting agency. Paragraph (2) is
shortened to state "eligible institution", which is defined. Paragraph (3) clarifies that applications are submitted by faculty to institutional officials. This section's outline format is also amended
to conform with that of other sections.
Section 21.596 is amended to state that the annual repayment
shall be payable to the servicer(s) or holder(s) of the loan(s), in
keeping with the procedure for all loan repayment programs. The
statutory maximum number of years allowed for loan repayment
is added.
No comments were received regarding the amendments.
Chapter 61, §61.708, which provided the Coordinating Board
with the authority to adopt rules to implement the Border County
Doctoral Faculty Education Loan Repayment Program.
§21.590. Authority and Purpose.
(a) Authority. Authority for this subchapter is provided in the
Texas Education Code, §§61.701 - 61.708.
(b) Purpose. The purpose of these rules is to implement the
Border County Doctoral Faculty Education Loan Repayment Program
in order to recruit and retain persons holding a doctoral degree to become and/or remain full-time faculty with instructional duties in eligible institutions of higher education located in Texas counties that border Mexico.
TRD-201602427
Bill Franz
General Counsel
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SUBCHAPTER DD. MINORITY DOCTORAL
INCENTIVE PROGRAM OF TEXAS
19 TAC §§21.970 - 21.980
Minority Doctoral Incentive Program of Texas without changes to
the proposed text as published in the February 12, 2016, issue
of the Texas Register (41 TexReg 1073). Specifically, no funds
have been appropriated for this program since the 2004-2005
biennium. Since this is no longer an active program, it is appropriate to delete the rules.
The repeal is adopted under Texas Education Code, §56.162,
which provided the Coordinating Board with the authority to
adopt rules to implement the Minority Doctoral Incentive Program of Texas.
TRD-201602428
Bill Franz
General Counsel
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SUBCHAPTER II. EDUCATIONAL AIDE
EXEMPTION PROGRAM
19 TAC §21.1084, §21.1086
Board) adopts amendments to §21.1084 (The Application) and
§21.1086 (Allocations for Institutions), concerning the Educational Aide Exemption Program. Section 21.1084 is adopted with
2016, issue of the Texas Register (41 TexReg 1323). Section
21.1086 is adopted without changes.
The intent of the amendments is to incorporate into existing
rule changes and provisions developed by the Negotiated
Rule-Making Committee. Language has been changed for the
methodology used to determine institutional allocations. The
newly amended statute will affect students enrolling in public
institutions. Changes to these sections are made in accordance
with Senate Bill 215, passed by the 83rd Texas Legislature,
Regular Session, which called for the Board to engage institutions of higher education in a negotiated rulemaking process
as described by Chapter 2008, Government Code, "when
adopting a policy, procedure, or rule relating to...the allocation
or distribution of funds, including financial aid or other trusteed
funds under §61.07761".
Specifically, §21.1084 regarding application forms and instructions is amended to remove unnecessary language.
Section 21.1086(a) removes language as to the source of funding regarding allocations for institutions and updates language
identifying the funding source as funds made available by the
Legislature. Section 21.1086(b) removes language regarding requesting reimbursements and amends language to include the
methodology with which institutional allocations will be determined. Section 21.1086(c) removes language regarding disbursements by the Board and adds language regarding the comment period for participating institutions, as well as institutions'
opportunity to confirm their continued interest in program participation.
No comments were received regarding the amendments.
§54.363(e) (formerly §54.214), which provides the Coordinating
Board with the authority to adopt rules to implement the Educational Aide Exemption Program.
§21.1084. The Application.
(a) Institutions are not required to provide exemptions under
this subchapter beyond those funded through appropriations specifically designated for this purpose. The Board shall advise institutions
of the availability of funds as soon as possible after funding is known.
(b) Application forms and instructions developed by the Board
will be distributed to financial aid offices of Institutions of Higher Education.
ADOPTED RULES
June 3, 2016
41 TexReg 4005
TRD-201602429
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General Counsel
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SUBCHAPTER LL. EARLY CHILDHOOD
CARE PROVIDER STUDENT LOAN
REPAYMENT PROGRAM
19 TAC §§21.2050 - 21.2056
Board) adopts the repeal of §§21.2050 - 21.2056 concerning
the Early Childhood Care Provider Student Loan Repayment
Program without changes to the proposed text as published in
1073). Specifically, no funds have been appropriated for this program since FY2005. Since this is no longer an active program,
it is appropriate to delete the rules.
No comments were received regarding the repeal.
61, §61.871, which provided the Coordinating Board with the
authority to adopt rules to implement the Early Childhood Care
Provider Student Loan Repayment Program.
TRD-201602430
Bill Franz
General Counsel
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CHAPTER 22. GRANT AND SCHOLARSHIP
PROGRAMS
SUBCHAPTER L. TOWARD EXCELLENCE,
ACCESS, AND SUCCESS (TEXAS) GRANT
PROGRAM
19 TAC §22.236
Board) adopts amendments to §22.236 (Allocation and Reallocation of Funds), concerning the Toward EXcellence, Access,
41 TexReg 4006
June 3, 2016
Texas Register
and Success (TEXAS) Grant Program, without changes to the
proposed text as published in the February 26, 2016, issue of the
Texas Register (41 TexReg 1324). The intent of the amendments
is to incorporate into existing rule changes and provisions developed by the Negotiated Rule-Making Committee. Language
has been changed for the methodology used to determine institutional allocations. The newly amended statute will affect students enrolling in public four-year and health-related institutions.
Changes to this section are made in accordance with Senate
Bill 215, passed by the 83rd Texas Legislature, Regular Session, which called for the Board to engage institutions of higher
education in a negotiated rulemaking process as described by
Chapter 2008, Government Code, "when adopting a policy, procedure, or rule relating to...the allocation or distribution of funds,
including financial aid or other trusteed funds under §61.07761."
Specifically, this section is amended to include the methodology
with which institutional allocations will be determined for FY 2017
and later.
§56.303(a), which provides the Coordinating Board with the authority to adopt rules to implement the Toward EXcellence, Access, and Success (TEXAS) Grant Program.
TRD-201602431
Bill Franz
General Counsel
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CHAPTER 26. PROGRAMS OF STUDY
SUBCHAPTER I. HOSPITALITY AND
TOURISM PROGRAMS OF STUDY ADVISORY
COMMITTEE
19 TAC §§26.261 - 26.267
Board) adopts new §§26.261 - 26.267 concerning the creation
of an advisory committee to develop programs of study specific
to the Hospitality and Tourism Career Cluster without changes
of the Texas Register (41 TexReg 894). The new rules will affect
students when programs of study developed by the committee
are adopted by the Board.
There were no comments received regarding these new rules.
The new rules are adopted under Texas Education Code, Chapter 61, Subchapter S, §61.8235 and Texas Government Code,
Chapter 2110, §2110.0012 and §2110.005, which provide the
Coordinating Board with the authority to develop programs of
study curricula with the assistance of advisory committees.
TRD-201602432
Bill Franz
General Counsel
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SUBCHAPTER J. HUMAN SERVICES
PROGRAMS OF STUDY ADVISORY
COMMITTEE
19 TAC §§26.281 - 26.287
to the Human Services Career Cluster without changes to the
proposed text as published in the February 5, 2016, issue of
the Texas Register (41 TexReg 895). The new rules will affect
There were no comments received concerning these new rules.
TRD-201602433
Bill Franz
General Counsel
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SUBCHAPTER K. INFORMATION
TECHNOLOGY PROGRAMS OF STUDY
ADVISORY COMMITTEE
19 TAC §§26.301 - 26.307
to the Information Technology Career Cluster without changes
of the Texas Register (41 TexReg 896). The new rules will affect
The rules are adopted under Texas Education Code, Chapter 61,
Subchapter S, §61.8235 and Texas Government Code, Chapter
2110, §2110.0012 and §2110.005, which provide the Coordinating Board with the authority to develop programs of study curricula with the assistance of advisory committees.
TRD-201602434
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General Counsel
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SUBCHAPTER L. LAW, PUBLIC SAFETY,
CORRECTIONS, AND SECURITY PROGRAMS
OF STUDY ADVISORY COMMITTEE
19 TAC §§26.321 - 26.327
Board) adopts new §§26.321 - 26.327 concerning the creation of
an advisory committee to develop programs of study specific to
the Law, Public Safety, Corrections, and Security Career Cluster
without changes to the proposed text as published in the February 5, 2016, issue of the Texas Register (41 TexReg 897). The
new rules will affect students when programs of study developed
by the committee are adopted by the Board.
TRD-201602435
Bill Franz
General Counsel
♦
ADOPTED RULES
♦
June 3, 2016
♦
41 TexReg 4007
SUBCHAPTER M. MANUFACTURING
COMMITTEE
19 TAC §§26.341 - 26.347
to the Manufacturing Career Cluster without changes to the proposed text as published in the February 5, 2016, issue of the
Texas Register (41 TexReg 898). The new rules will affect students when programs of study developed by the committee are
adopted by the Board.
TRD-201602436
Bill Franz
General Counsel
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SUBCHAPTER N. MARKETING PROGRAMS
19 TAC §§26.361 - 26.367
of an advisory committee to develop programs of study specific to the Marketing Career Cluster without changes to the proposed text as published in the February 5, 2016, issue of the
Texas Register (41 TexReg 900). The new rules will affect students when programs of study developed by the committee are
adopted by the Board.
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SUBCHAPTER O. SCIENCE, TECHNOLOGY,
ENGINEERING AND MATHEMATICS
COMMITTEE
19 TAC §§26.381 - 26.387
Board) adopts new §§26.381 - 26.387 concerning the creation of
an advisory committee to develop programs of study specific to
the Science, Technology, Engineering, and Mathematics Career
Cluster without changes to the proposed text as published in
901). The new rules will affect students when programs of study
developed by the committee are adopted by the Board.
TRD-201602438
Bill Franz
General Counsel
♦
♦
♦
SUBCHAPTER P. TRANSPORTATION,
DISTRIBUTION, AND LOGISTICS PROGRAMS
19 TAC §§26.401 - 26.407
to the Transportation, Distribution and Logistics Career Cluster
without changes to the proposed text as published in the February 5, 2016, issue of the Texas Register (41 TexReg 902). The
new rules will affect students when programs of study developed
by the committee are adopted by the Board.
TRD-201602437
41 TexReg 4008
Bill Franz
General Counsel
June 3, 2016
Texas Register
TRD-201602439
Bill Franz
General Counsel
♦
PART 2.
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TEXAS EDUCATION AGENCY
CHAPTER 150. COMMISSIONER'S RULES
CONCERNING EDUCATOR APPRAISAL
SUBCHAPTER BB. ADMINISTRATOR
APPRAISAL
The Texas Education Agency (TEA) adopts the repeal of
§150.1021 and §150.1022 and new §§150.1021-150.1028,
concerning administrator appraisal. The repeal of §150.1021
and §150.1022 and new §§150.1021-150.1027 are adopted
without changes to the proposed text as published in the March
4, 2016 issue of the Texas Register (41 TexReg 1638) and will
not be republished. Section 150.1028 is adopted with changes
to the proposed text as published in the March 4, 2016 issue
of the Texas Register (41 TexReg 1638). Sections 150.1021
and 150.1022 reflect the state-recommended appraisal system
for administrators. The adopted new sections reflect the new
state-recommended principal appraisal system, the Texas Principal Evaluation and Support System (T-PESS), which will be
effective July 1, 2016, for implementation during the 2016-2017
school year.
REASONED JUSTIFICATION. The rules in 19 TAC Chapter
150, Subchapter BB, capture the commissioner's state-recommended appraisal process for administrators, which has been
in place since 1997.
With the 2011 legislative session, the Texas Education Code
(TEC), §21.3541, tasked the commissioner with creating a staterecommended appraisal system for principals. Since the spring
of 2012, the TEA has worked with stakeholders, including principals, district administrators, higher education representatives,
and regional education service centers, to build and refine a
new state-recommended principal appraisal system that can be
utilized effectively for principal development and growth. The
new system, the T-PESS, was piloted in approximately 55 districts during the 2014-2015 school year and refined throughout
the year based on educator feedback. During the 2015-2016
school year, the T-PESS is being piloted in 214 districts that have
adopted the system as a locally developed appraisal option.
The T-PESS will replace the 1997 commissioner's recommended appraisal process beginning July 1, 2016. The adopted
rule actions repeal the rules for the 1997 appraisal process and
replace them with the rules for the T-PESS. Besides describing
and detailing the process for the T-PESS, the adopted new
rules acknowledge a district's ability to develop a local system
for appraising principals and the need for districts to annually
appraise campus administrators other than principals.
In response to public comment, new 19 TAC §150.1028 was
modified at adoption to add the word "campus" prior to each
instance of the phrase "administrators other than principals" to
clarify that §150.1028 applies to campus administrators only.
SUMMARY OF COMMENTS AND AGENCY RESPONSES. The
public comment period on the proposal began March 4, 2016,
and ended April 4, 2016. Following is a summary of public comments received on the proposal and corresponding agency responses.
Comment: The Texas Association of School Boards (TASB)
commented that proposed new §150.1028 should either allow
local districts to define which personnel fall under the definition
of "an administrator other than principals" or that the rule should
be amended to clarify that the administrators in question are
campus administrators.
Agency Response: The agency agrees and has added the word
"campus" before the phrase "administrators other than principals" to indicate that proposed new §150.1028 applies to campus administrators only.
Comment: TASB commented that, since current 19 TAC Chapter 150, Subchapter BB, references superintendents in appraisal
rules, clarification should be made in proposed new §150.1028
to indicate that appraisal of superintendents is not subject to proposed new §150.1028.
Agency Response: The agency agrees and has added the word
"campus" before the phrase "administrators other than principals" to indicate that proposed new §150.1028 applies to campus administrators only.
19 TAC §150.1021, §150.1022
STATUTORY AUTHORITY. The repeal is adopted under the
Texas Education Code (TEC), §21.3541, which requires the
commissioner of education to adopt a state-recommended
appraisal process for principals and details the local role for
school districts as it relates to adopting a locally developed principal appraisal process, and the TEC, §21.354, which requires
the commissioner of education to adopt a state-recommended
appraisal process for school administrators other than principals and details the local role for school districts as it relates
to adopting a locally developed appraisal process for school
administrators other than principals.
CROSS REFERENCE TO STATUTE. The repeal implements
the TEC, §21.3541 and §21.354.
TRD-201602398
ADOPTED RULES
June 3, 2016
41 TexReg 4009
Cristina De La Fuente-Valadez
Director, Rulemaking
Effective date: July 1, 2016
Proposal publication date: March 4, 2016
♦
♦
♦
19 TAC §§150.1021 - 150.1028
STATUTORY AUTHORITY. The new sections are adopted under the Texas Education Code (TEC), Texas Education Code
(TEC), §21.3541, which requires the commissioner of education to adopt a state-recommended appraisal process for principals and details the local role for school districts as it relates
to adopting a locally developed principal appraisal process, and
the TEC, §21.354, which requires the commissioner of education to adopt a state-recommended appraisal process for school
administrators other than principals and details the local role for
school districts as it relates to adopting a locally developed appraisal process for school administrators other than principals.
CROSS REFERENCE TO STATUTE. The new sections implement the TEC, §21.3541 and §21.354.
§150.1028. Appraisal of Campus Administrators other than Principals.
(a) Each school district shall evaluate campus administrators
other than principals annually.
(b) A school district may use the Texas Principal Evaluation
and Support System (T-PESS) to appraise campus administrators other
than principals provided the school district makes appropriate modifications to ensure that the T-PESS rubric and components fit the job
descriptions of the campus administrators other than principals evaluated with the T-PESS.
(c) Each school district wanting to select or develop a local
appraisal system for campus administrators other than principals must
follow the TEC, §21.354(c)(2).
TRD-201602399
♦
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CHAPTER 157. HEARINGS AND APPEALS
SUBCHAPTER EE. INFORMAL REVIEW,
FORMAL REVIEW, AND REVIEW BY STATE
OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION 1. INFORMAL REVIEW
19 TAC §157.1123
41 TexReg 4010
June 3, 2016
Texas Register
The Texas Education Agency (TEA) adopts an amendment to
§157.1123, concerning hearings and appeals. The amendment
is adopted without changes to the proposed text as published
in the January 15, 2016 issue of the Texas Register (41 TexReg
567) and will not be republished. The section addresses informal
reviews requested by a school district, open-enrollment charter
school, or any person who is subject to an investigation, assignment, determination, or decision identified in 19 TAC §157.1121,
Applicability. The adopted amendment modifies the rule to increase the ability of an open-enrollment charter school to participate in the TEA's informal review of its investigation of alleged
misconduct by the charter.
REASONED JUSTIFICATION. The Texas Education Code
(TEC), §12.116, requires that the commissioner adopt an informal procedure for revoking the charter of an open-enrollment
charter school or reconstituting the governing body of a charter
holder. Section 157.1123, Informal Review, implements the
requirement by providing an open-enrollment charter school
the opportunity for an informal review of an investigation, assignment, determination, or decision identified under 19 TAC
§157.1121.
The 84th Texas Legislature, Regular Session, 2015, passed
House Bill (HB) 1842, which modified the informal review for
certain actions required by the TEC, §12.116(a). The statutory
changes require additional procedures for informal reviews
of decisions to deny the renewal of a charter under the TEC,
§12.1141(c), and decisions to revoke a charter or reconstitute
the charter's governing board under the TEC, §12.115(a). The
procedures must allow representatives of the charter holder
to meet with the commissioner to discuss the commissioner's
decision and must allow the charter holder to submit additional
information relating to the decision. In addition, in a final decision, the commissioner must provide a written response to
any additional information submitted by the charter holder. The
TEC, §7.055(b)(5), authorizes the commissioner to delegate
ministerial and executive functions to agency staff.
The adopted amendment to 19 TAC §157.1123 implements HB
1842 by making the following changes.
Subsection (c) is modified to specify that for purposes of a
non-renewal under TEC, §12.1141(c), or revocation/reconstitution under TEC, §12.115(a), at the request of an open-enrollment
charter school, a TEA representative will meet with representatives of the charter school in person at the TEA headquarters
or by telephone if requested by the charter school. In addition,
subsection (c) is amended to state that the meeting is not a
contested-case hearing and will not include the examination
of any witnesses and that the rules of civil procedure and evidence do not apply since the TEC, §12.116(a), requires that the
procedure to be used for non-renewal under TEC, §12.1141(c),
or revocation/reconstitution under TEC, §12.115(a), be an
"informal" procedure.
Subsection (f) is amended to specify that the commissioner's
final decision will provide a written response to any information
the charter holder submits at the informal review.
SUMMARY OF COMMENTS AND AGENCY RESPONSES. The
public comment period on the proposal began on January 15,
2016, and ended February 16, 2016. No public comments were
received.
STATUTORY AUTHORITY. The amendment is adopted under
the Texas Education Code (TEC), §7.055(b)(5), which authorizes the commissioner to delegate ministerial and executive
functions to agency staff and may employ division heads and
any other employees and clerks to perform the duties of the
agency; TEC, §12.1141, which authorizes the commissioner to
adopt rules for the procedure and criteria for renewal, denial of
renewal, or expiration of a charter of an open-enrollment charter
school; TEC, §12.115, which authorizes the commissioner to
adopt rules necessary for the administration of the basis for
charter revocation and the reconstitution of the charter holder's
governing body; and TEC, §12.116, as amended by House Bill
1842, 84th Texas Legislature, Regular Session, 2015, which
authorizes the commissioner to adopt an informal procedure
to be used for revoking the charter of an open-enrollment
charter school or for reconstituting the governing body of the
charter holder. The procedure must allow representatives of
the charter holder to meet with the commissioner to discuss
the commissioner's decision and must allow the charter holder
to submit additional information relating to the commissioner's
decision. In a final decision, the commissioner must provide a
written response to the additional information.
The amendment is adopted under Texas Occupations Code
§201.152, which authorizes the Board to adopt rules necessary
to regulate the practice of chiropractic to protect the public
health and safety.
CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §§7.055(b)(5); 12.1141;
12.115; and 12.116, as amended by House Bill 1842, 84th
Texas Legislature, Regular Session, 2015.
22 TAC §78.8
TRD-201602482
TRD-201602454
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: September 1, 2016
♦
♦
♦
The Texas Board of Chiropractic Examiners (Board) adopts
amendments to Chapter 78, §78.8, concerning Complaint Procedures, without changes to the proposed text as published in
the November 20, 2015, issue of the Texas Register (40 TexReg
8092). The rule will not be republished.
This section establishes requirements and procedures related to
rules of practice.
The amendment permits the Board to remove a requirement for
a hearing that is unsupported by statutory provisions and allows
the use of electronic-mail for purposes of notice and service upon
the consent of the parties.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Occupations Code
§201.152, which authorizes the Board to adopt rules necessary
to regulate the practice of chiropractic to protect the public
health and safety.
CHIROPRACTIC EXAMINERS
CHAPTER 78.
♦
♦
♦
RULES OF PRACTICE
22 TAC §78.6
The Texas Board of Chiropractic Examiners (Board) adopts
amendment to Chapter 78, §78.6, concerning Required Fees
and Charges, without changes to the proposed text as published
in the March 4, 2016, issue of the Texas Register (41 TexReg
1641). The rule will not be republished.
This section establishes requirements and procedures related
the rules of chiropractic practice.
The amendment permits the Board to remove an obsolete reference and update the rule concerning application of monetary
funds to outstanding balances. The amendment affects subsection (b).
TRD-201602453
Bryan Snoddy
General Counsel
Texas Board of Chiropractic Examiners
Effective date: September 1, 2016
Proposal publication date: November 20, 2015
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TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE
HEALTH SERVICES
CHAPTER 133.
ADOPTED RULES
HOSPITAL LICENSING
June 3, 2016
41 TexReg 4011
SUBCHAPTER J. HOSPITAL LEVEL OF
CARE DESIGNATIONS FOR NEONATAL AND
MATERNAL CARE
25 TAC §§133.181 - 133.190
The Executive Commissioner of the Health and Human Services
Commission (commission), on behalf of the Department of State
Health Services (department), adopts new §§133.181 - 133.190,
concerning the neonatal level of care designation for hospitals.
New §§133.182 - 133.190 are adopted with changes to the proposed text as published in the November 20, 2015, issue of the
Texas Register (40 TexReg 8095). Section 133.181 is adopted
without changes, and therefore, the section will not be republished.
BACKGROUND AND PURPOSE
The purpose of the new sections is to comply with House Bill
(HB) 15, 83rd Legislature, Regular Session, 2013, which added
Health and Safety Code, Subchapter H, Hospital Level of Care
Designations for Neonatal and Maternal Care, §§241.181 241.187. HB 3433, 84th Legislature, Regular Session, 2015,
amended Health and Safety Code, Chapter 241 and requires
the development of initial rules to create the neonatal/maternal
level of care designation by March 1, 2018. This rulemaking
process addresses the neonatal level of care designation only.
The maternal level of care designation rule development will be
addressed in a future rulemaking. The designation for neonatal
level of care is an eligibility requirement for Medicaid reimbursement. It is estimated that approximately 225 - 250 facilities will
apply for one or both designations.
SECTION-BY-SECTION SUMMARY
Section 133.181 and §133.182 address the purpose and definitions for Subchapter J.
Section 133.183, General Requirements, identifies the four levels of neonatal care; the role of the Office of Emergency Medical
Services/Trauma Services Coordination (office) in the designation process; states that facilities seeking neonatal designation
for Levels II - IV shall be surveyed through a department-approved organization; and also establishes Perinatal Care Regions.
Section 133.184, Designation Process, addresses the application submittal; designation fee schedule; surveyor credentials;
and an appeal process. Initial applications will receive staggered
designations. Renewals will be for the full three-year designation
term.
Section 133.185, Program Requirements, provides an outline of
the general requirements each facility must meet.
The criteria for the four levels of neonatal designation are included in §133.186, Neonatal Designation Level I; §133.187,
Neonatal Designation Level II; §133.188, Neonatal Designation
Level III; and §133.189, Neonatal Designation Level IV. Conversely to the Trauma Designation requirements found in Chapter 157 of this title, Subchapter G, Emergency Medical Services
Trauma Systems, in the Neonatal Levels of Care, Level IV is the
highest level of care and Level I is the lowest level of care.
Section 133.190, Survey Team, addresses the composition of
the on-site survey team, criteria for surveyor credentials, conflict
of interest, and confidentiality and privilege protection.
COMMENTS
41 TexReg 4012
June 3, 2016
Texas Register
The department, on behalf of the commission, has reviewed
and prepared responses to the comments received regarding the proposed rules during the comment period, which
the commission has reviewed and accepts. The department
received comments from Baylor Scott and White, Children's
Memorial Hermann, CHRISTUS Health, East Texas Medical
Center (ETMC), Harlingen Medical Center, Knapp Medical Center, McLane Children's Hospital, Northwest Texas Healthcare
System, Odessa Regional Medical Center, Southwest General
Hospital, Tenet Healthcare, Texas Children's Hospital, The
Medical Center of Southeast Texas, Tomball Regional Medical
Center, Wadley Regional Medical Center, American Academy
of Pediatrics (AAP), Hospital Corporation of America (HCA), Pediatrix Medical Group, Mednax, March of Dimes, Texas Hospital
Association (THA), Texas Medical Association (TMA), Texas
Pediatric Society (TPS), Texas Association of Obstetricians
and Gynecologists, American Congress of Obstetricians and
Gynecologists (ACOG), Texas Academy of Family Physicians
(TAFP), Texas Organization of Rural and Community Hospitals (TORCH), Perinatal Advisory Council (PAC), and seven
individuals. In addition to the aforementioned commenters,
the department received comments from State Representative
Brooks Landgraf, District 81, supporting the comments submitted by Odessa Regional Medical Center. The commenters were
not against the rules in their entirety; however, the commenters
suggested recommendations for change as discussed in the
summary of comments.
COMMENT: Concerning §133.183(c)(1)(A), TMA, TPS, Texas
Association of Obstetricians and Gynecologists, ACOG, and
TAFP recommended revising the rules to provide additional
flexibility for rural Level I neonatal facilities. They are concerned
that lack of discretion in the rules could result in small hospitals
discontinuing obstetrical services, which would impede access
to services for all women in the community. The commenters
support revisions to the rule to allow additional flexibility to rural
facilities located at a distance of an hour or more from a higher
level facility, provided those facilities have formal protocols
and the requisite experience and expertise to manage these
neonates and monitor their outcomes.
While the commenters support providing some additional discretion to rural Level I nurseries, there is consensus that these facilities should transfer babies born less than 34 weeks gestational
age to a higher level facility.
The PAC recommended that they would strongly prefer that
Level I facilities care for neonates at or above 35 weeks gestation for patient safety reasons. However, if a rural Level I
hospital chooses to care for neonates between 34 to 35 weeks,
then the PAC asserts they should do so in a formal written
fashion and demonstrate the expertise, personnel, and support
staff that would be within the level of care that would be delivered at a higher level facility. This statement is also true for
§133.186(a)(1).
RESPONSE: The commission agrees with the comments and
as a result has added "generally" to the description of the Level
I, Well Nursery at both §133.183(c)(1)(A) and §133.186(a)(1).
Also, a new subparagraph was added at §133.183(c)(1)(C) and
a new paragraph was added at §133.186(a)(3) to both state "If
an infant <35 weeks gestational age is retained, the facility shall
provide the same level of care that the neonate would receive at
a higher level designated neonatal facility and shall, through the
QAPI Program, complete an in depth critical review of the care
provided."
COMMENT: Concerning §133.183(c)(3)(B), Texas Children's
Hospital requested that the term "access" be defined to ensure
that the survey team has clear guidance on what "access" may
entail.
RESPONSE: The commission agrees with the comment and has
revised §133.183(c)(3)(B).
COMMENT: Concerning §133.183(c)(4)(A), the PAC stated that
a single facility cannot take care of any and all medical problems;
and recommended that the rule should be consistent with the
national guidelines of a Level IV facility.
RESPONSE: The commission agrees with the comment and
has removed the rule text "with any medical problems" from
§133.183(c)(4)(A).
COMMENT: Concerning §133.183(d), Texas Children's Hospital
was concerned about the vague nature of the phrase "an organization approved by the office" and requested further clarification
on which organizations may be qualified and considered to conduct the hospital surveys. The commenter recommended that a
qualifying organization will utilize surveyors with neonatal expertise and will consult AAP's standards of care.
RESPONSE: The commission disagrees with the comment because the approved organizations performing surveys will be
evaluating the compliance of facilities with the Health and Safety
Code, Subchapter H, Hospital Level of Care Designations for
Neonatal and Maternal Care, §241.182, not the AAP guidelines.
No change to the rule was made as a result of this comment.
COMMENT: Concerning §133.183(e)(2), Wadley Regional Medical Center, Odessa Regional Medical Center, Harlingen Medical
Center, Baylor Scott and White, Knapp Medical Center, McLane
Children's Hospital, Southwest General Hospital, The Medical
Center of Southeast Texas and four individuals commented that
despite concerns raised by members of the PAC, the department
has required that the regional PCRs be a sub-set of the existing
Trauma RAC system which is located in 25 TAC, Chapter 157.
Commenters are concerned that this has the potential to drive
unwanted and unnecessary transfers.
RESPONSE: The commission disagrees with the comments, as
written the rule language is sufficient and consistent with Health
and Safety Code, §241.183(a)(5) and (6), and the department's
ability to implement a regionalized system. No change to the rule
was made as a result of this comment.
COMMENT: Concerning §133.184(a) and §133.184(a)(3),
Odessa Regional Medical Center, Harlingen Medical Center,
Baylor Scott and White and two individuals commented that the
rules are unclear as to whether the application for designation,
the application fee and the completed survey are to be submitted separately or at the same time. It is also unclear how and
when to request an on-site inspection.
has replaced "submittal" with "packet" and added "within 120
days of the facility's survey date" in §133.184(a). The rule text
in §133.184(a)(3) was revised to state "a completed neonatal
attestation and self-survey report for Level I applicants or a designation survey report, including patient care reviews if required
by the office, for Level II, III and IV applicants."
COMMENT: Concerning §133.184(a)(5), Texas Children's Hospital requested that more details be provided about the expectations and requirements of participation for each Perinatal Care
Region (PCR).
RESPONSE: The commission acknowledges the comment,
however for the purposes of these rules, participation is defined
by the members of each individual PCR. The integration of the
PCR into the Regional Advisory Council will be a collaborative
process. No change to the rule was made as a result of this
comment.
COMMENT: Concerning §133.184(c), Baylor Scott and White inquired that if a facility seeking a designation fails to meet the requirements, can the facility be designated at a lower level, from
the same survey, if they meet those rules?
RESPONSE: The commission acknowledges the comment
which is addressed in §133.184(g)(3). No change to the rule
COMMENT: Concerning §133.184(d)(1)(A) and (B), an individual inquired as to why the application fee for Level I facilities is
based on the number of licensed beds?
RESPONSE: The commission acknowledges the comment. The
fee amounts were determined to cover the cost of the neonatal
and maternal programs, yet keep the application cost low to all
facilities involved and not place a burden upon the Critical Access Hospitals and the small rural facilities. No change to the
rule was made as a result of this comment.
COMMENT: Concerning §133.184(d)(4)(B), Wadley Regional
Medical Center, Children's Memorial Hermann, Odessa Regional Medical Center, Harlingen Medical Center, Baylor Scott
and White, Knapp Medical Center, McLane Children's Hospital,
Tenet Healthcare, Southwest General Hospital, The Medical
Center of Southeast Texas, Pediatrix Medical Group, Mednax
and four individuals commented that the current rules will assign
a temporary level of care designation of Level I, but do not
clarify that the temporary designation may change once the site
inspection is complete. They are concerned that a hospital with
a temporary Level I designation awaiting the on-site inspection
could be denied payment for treating infants above authorized
parameters for a Level I facility.
The PAC stated Level II, III or IV facilities may not have had their
site survey and will be designated as a Level I. They recommended adding "until the survey is completed" to the rule text.
RESPONSE: The commission disagrees with the comments because the Health and Safety Code, §241.183(a)(7) which requires payment, other than quality or outcome-based funding to
be based on services provided by the facility, regardless of the facility's level of care designation. The department offers the Level
I designation with the prorated fees and flexible time frames to
ensure that all facilities can achieve designation, at some level,
by the September 1, 2018 deadline. Obtaining a Level I designation will ensure the facility is held harmless for Medicaid reimbursement and will allow the department to equitably distribute the workload in the program, in subsequent years. Section
133.184(d)(4)(E) states an application for a higher or lower level
designation may be submitted at any time. Thus allowing the facility to reapply for a higher or lower level designation at any time
during the designation cycle. No change to the rule was made
as a result of these comments.
COMMENT: Concerning §133.184(e), the PAC commented that
Regions or RACs should not be influencing a facility's designation or the appeal process, but decisions should be made on the
basis of whether requirements are met or not met. The commenter requested to add what may be included in the written
appeal "as to why the facility believes it meets the requirements
ADOPTED RULES
June 3, 2016
41 TexReg 4013
for the designation level." The commenter also suggested deleting references about PCR, RACs or EMS and removing the following language from §133.184(e)(1), "The written appeal may
include a signed letter(s) from the executive board of its PCR or
individual healthcare facilities and/or EMS providers within the
affected PCR with an explanation as to why designation at the
level determined by the office would not be in the best interest
of the citizens of the affected PCR or the citizens of the State of
Texas."
RESPONSE: The commission agrees with the comment and as
a result has changed §133.184(e) and (e)(1).
COMMENT: Concerning §133.185(a), an individual stated that
higher level facilities may perform invasive procedures as well
as surgical procedures at the bedside which may restrict access
to patients in the room. The commenter suggested that parents
shall have reasonable access to their infants "within reason" instead of "at all times."
RESPONSE: The commission acknowledges the comment;
however, the rule language is sufficient. No change to the rule
COMMENT: Concerning §133.185(b)(2)(C), the PAC recommended adding "and ensure appropriate follow-up for at risk
infants" as a requirement.
a result added §133.185(b)(2)(D).
COMMENT: Concerning §133.185(b)(2)(F), Texas Children's
Hospital commented that they were concerned about leaving
the discretion of selecting quality indicators and aspects of
performance up to each facility. They believe that the state
would be better served by establishing uniform criteria.
RESPONSE: The commission acknowledges the comment and
may develop a policy with a minimum standard of quality indicators for a future date. No change to the rule was made as a
COMMENT: Concerning §133.185(e)(5), Texas Children's Hospital requested the definition of "collaborative relationships."
COMMENT: Concerning §133.186, an individual is concerned
that a Level I cannot keep infants <36 weeks gestation, nor with
birthweights <2500 grams, nor infants requiring mechanical respiratory support.
COMMENT: Concerning §133.186(a)(1), ETMC and TORCH are
concerned that the Level I reads as if it is an absolute and no
baby less than 35 weeks could remain at that facility even if they
are believed to be otherwise healthy. Yet, the description for the
Level II includes "generally" more or equal to 32 weeks. In this
section, the word "generally" projects the age/weight range to
be a recommendation or suggestion. Without "generally" associated with Level I, we believe there could be an interpretation
that this is mandatory and it would remove medical judgment
from the physician. A mandatory cutoff with no opportunity for
physician evaluation of the newborn's actual development and
health can be inaccurate, usurp the decision-making ability of
41 TexReg 4014
June 3, 2016
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the physician, and cause unnecessary transfers of healthy newborns without good reason. Such a result would negate the savings to the Medicaid program because it would require a higher
level of care than deemed necessary by the physician.
as a result has added "generally" to the description of the Level I,
Well Nursery in §133.186(a)(1). A new paragraph was added at
§133.186(a)(3) to state "If an infant <35 weeks gestational age
is retained, the facility shall provide the same level of care that
the neonate would receive at a higher level designated neonatal
facility and shall, through the QAPI Program, complete an in
depth critical review of the care provided." Additional language
was added to the Program Requirements in §133.185(b)(2)(D)
for all facilities to state "ensure appropriate follow up for all
neonates/infants."
COMMENT: Concerning §133.186(c)(4), the PAC stated that the
Neonatal Medical Director often does not approve privileges, but
rather reviews credentials and recommended revising the rule
language as such. This should also be changed in the rule text
in Level II, §133.187(c)(4), Level III, §133.188(d)(4), and Level
IV, §133.189(d)(4).
RESPONSE: The commission agrees with the comment
and as a result has revised the rule text in §133.186(c)(4),
§133.187(c)(4), §133.188(d)(4), and §133.189(d)(4).
COMMENT: Concerning §133.186(c)(7)(B), an individual is concerned that most Level I - II hospitals do not have the financial
resources to pay for in house on-site neonatal intubation and
vascular access skills personnel. It is recommended that the language should be eliminated or state "when possible" or at least
"available via personnel with 30 minute call in." This should also
be changed in Level II, §133.187(c)(12)(B).
RESPONSE: The commission disagrees with the comment, as
written the rule language does not mandate personnel be in
house 24 hours per day, 7 days per week, and does not prohibit
the use of on call personnel. No change to the rule was made
as a result of this comment.
COMMENT: Concerning §133.187(b)(1), Texas Children's
Hospital recommended that the neonatologist and pediatrician
should be required to be eligible/certified per the American
Board of Medical Specialties board eligibility policy.
RESPONSE: The commission disagrees with the comment because this was not recommended through an extensive vetting
process during the rule development. No change to the rule was
made as a result of this comment.
COMMENT: Concerning §133.187(b)(1), the PAC suggested to
delete "or board eligible/certified pediatrician" from the Neonatal
Medical Director criteria in paragraph (1), and the pediatrician
Neonatal Medical Director is allowed via criteria in paragraph (2).
RESPONSE: The commission agrees with the comment and revised §133.187(b)(1).
COMMENT: Concerning §133.187(c)(5), the PAC suggested
clarifying that neonatal surgery or complicated invasive procedures should require Level III or higher care.
RESPONSE: The commission agrees with the comment and
as a result has added "if the facility performs neonatal surgery,
the facility shall provide the same level of care that the neonate
would receive at a higher level designated facility and shall,
through the QAPI Program, complete an in depth critical review
of the care provided" to §133.187(a)(1)(B).
COMMENT: Concerning §133.187(c)(6), Baylor Scott and White
stated it is not necessary to have a dietitian or nutritionist available at all times.
written there is no requirement for the dietitian or nutritionist to
be available at all times. No change to the rule was made as a
COMMENT: Concerning §133.187(c)(10)(D), Baylor Scott and
White stated it is not necessary to have the capability to interpret
all ultrasound studies available at all times.
RESPONSE: The commission disagrees with the comment.
Neonatal and maternal ultrasounds can be and are frequently
interpreted by the attending physician or a neonatologist. No
change to the rule was made as a result of this comment.
COMMENT: Concerning §133.187(c)(12)(B), Tenet Health Care
stated the proposed language will require 4.2 full time employees
in addition to existing personnel to provide these services on a
24 hours a day, 7 days a week basis. The current workforce will
make this a difficult requirement for hospitals.
however, as written the rule language does not mandate personnel be in house 24 hours per day, 7 days per week, and
does not prohibit the use of on call personnel. No change to the
rule was made as a result of these comments.
COMMENT: Concerning §133.187(c)(16), Baylor Scott and
White stated it is not necessary to have a lactation consultant
available at all times.
RESPONSE: The commission disagrees with the comment,
as written there is no requirement for a lactation consultant in
§133.187(c)(16). No change to the rule was made as a result
of this comment.
COMMENT: Concerning §133.188(a)(2), Wadley Regional
and White, McLane Children's Hospital, Tenet Healthcare,
Southwest General Hospital, The Medical Center of Southeast
Texas, Pediatrix Medical Group, Mednax, and four individuals
recommended that this language be consistent with the existing
language in §133.183(c)(3)(B) General Requirements.
The PAC recommended transfers to "an appropriate level" and
not "higher level" because the transfer may be to another Level
III with surgical capability.
RESPONSE: The commission agrees with the comments
that the language should be consistent and has changed
§133.188(a)(2).
COMMENT: Concerning §133.188(a)(5), one individual commented that every Level III neonatal intensive care unit should
be neonatal education providers at some level, but if the Level
III does not have a transport team nor accept referrals from
other lower level nurseries, then why would they be required to
do neonatal education to those hospitals with which they have
no relationship?
RESPONSE: The commission acknowledges the comment. Education can only make the system better, one facility at a time.
The higher level facilities should be leaders within their respective PCR with the goal of improving the overall care. No change
to the rule was made as a result of this comment.
COMMENT: Concerning §133.188(d)(4), Texas Children's Hospital requested to include "physician assistants" in the rule text.
The PAC recommended to add "and available" concerning a
neonatal provider.
as a result has revised §133.188(d)(4).
COMMENT: Concerning §133.188(d)(4)(C), CHRISTUS Health
stated that in some communities, there is only one neonatologist in the area, and coverage is provided by one agency during
the neonatologist's time off. This may potentially be a barrier to
offering the neonatal provider service to hospitals in close proximity.
however, a Level III neonatal intensive care unit is expected to
provide comprehensive care of infants of all gestational ages
with mild to critical illnesses or requiring sustained life support.
No change to the rule was made as a result of this comment.
COMMENT: Concerning §133.188(d)(5), Wadley Regional
Southwest General Hospital, The Medical Center of Southeast
Texas, CHRISTUS Health, Pediatrix Medical Group, Mednax,
and three individuals stated that the rule as written could be
interpreted to mean that an anesthesiologist is required for
invasive procedures performed at the bedside, however there
are many bedside "invasive" procedures that do not require
anesthesia. They recommended clarifying the language to
reflect that not all invasive procedures require anesthesia.
The PAC commented that simple invasive procedures do not require an anesthesiologist and recommended to specify "complicated invasive procedures."
has revised §133.188(d)(5).
COMMENT: Concerning §133.188(d)(5), Texas Children's Hospital stated to clarify the definition of the term "pediatric expertise"
within the rule text.
however, it finds the rule language to be sufficient and consistent with the AAP Guidelines for Perinatal Care, Capabilities
of Neonatal Level III providers, from which these rules were
developed. No change to the rule was made as a result of this
comment.
COMMENT: Concerning §133.188(d)(6), two individuals stated
having a dietitian on the care team is vital but it is not necessary to have one in house 24 hours a day, 7 days a week. One
individual suggested changing the rule language to have a dietitian or nutritionist "available to meet the needs of the population
served."
RESPONSE: The commission disagrees with the comments,
as written the rule language does not mandate personnel be in
house 24 hours per day, 7 days per week. No change to the
rule was made as a result of this comment.
COMMENT: Concerning §133.188(d)(10)(A), Wadley Regional
Tomball Regional Medical Center, Southwest General Hospital,
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41 TexReg 4015
The Medical Center of Southeast Texas, Pediatrix Medical
Group, Mednax, and four individuals stated that in Level III and
IV settings, only portable x-ray technicians, magnetic resonance
imaging technicians and potentially fluoroscopy technicians
need to be in-house 24 hours a day, 7 days a week. Other
technicians may be on call within one hour of an urgent request.
They recommended clarifying the rules as to whether it is the
imaging equipment or the imaging personnel that need to be
on-site and available at all times. The comments are also true
for §133.189(d)(11)(A).
The PAC commented that personnel trained in imaging need to
be available at all times but not on-site all times; personnel who
use x-rays should be on-site and available at all times. The comment is also true for §133.189(d)(11)(A).
Texas Hospital Association recommended striking the requirement to be on-site and simply requiring professionals to be available at all times.
CHRISTUS Health, Northwest Texas Healthcare System, and
one individual recommended requiring personnel trained in the
use of x-ray equipment be on-site 24/7, and personnel trained in
ultrasound, computed tomography, magnetic resonance imaging and/or cranial ultrasound and echocardiography be available
at all times through an on-call process with expected response
times within 30 - 60 minutes.
RESPONSE: The commission agrees with the comments
and as a result has changed §133.188(d)(10)(A) and
§133.189(d)(11)(A) to state "personnel appropriately trained in
the use of x-ray equipment shall be on-site and available at all
times; personnel appropriately trained in ultrasound, computed
tomography, magnetic resonance imaging, echocardiography
and/or cranial ultrasound equipment shall be on-site within one
hour of an urgent request; fluoroscopy shall be available."
COMMENT: Concerning §133.188(d)(11), CHRISTUS Health
stated that limiting this role to a speech language pathologist in a
smaller community hospital would be prohibitive and suggested
that it should be acceptable to use an occupational therapist with
previous neonatal intensive care unit training and experience.
The PAC and an individual recommended adding an "occupational or physical therapist with neonatal/infant experience" as
an alternate to a speech language pathologist.
has revised §133.188(d)(11).
COMMENT: Concerning §133.188(d)(14), the PAC recommended for the Perinatal Educator to have neonatal intensive
care unit experience, not just perinatal experience.
a result has revised §133.188(d)(14).
COMMENT: Concerning §133.188(d)(18), one individual recommended that a certified lactation consultant be available on a
daily basis to meet the needs of the population served.
Another individual stated that lactation services shall be available at all times.
RESPONSE: The commission acknowledges the comments;
however, the rule language is sufficient as written. No change
to the rule was made as a result of these comments.
COMMENT: Concerning §133.189, CHRISTUS Health wants to
ensure that vulnerable patients receive the appropriate care in
the appropriate setting as quickly as possible and minimize pa-
41 TexReg 4016
June 3, 2016
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tient transfers. They recommended that the rules should more
clearly delineate between Level III and Level IV neonatal intensive care units.
An individual recommended that Level IV neonatal intensive care
units in the state should have mandated the highest levels of
support for neonatal severe respiratory failure and cardiac patients to include requirements of inhaled nitric oxide, extracorporeal membrane oxygenation, pediatric cardiac surgery, pediatric
neurosurgery, and cooling.
RESPONSE: The commission disagrees with the comments, as
written the rule language is sufficient and consistent with Health
and Safety Code, §241.183. The rule was developed by consensus through input from an extensive stakeholder vetting processes, with recommendations from the PAC, and in consideration of the current AAP guidelines for neonatal care. No change
to the rule was made as a result of this comment.
COMMENT: Concerning §133.189(a)(2), one individual stated
that the words "complex conditions" and "major pediatric
surgery" could have many different interpretations.
however, the rule language as written is sufficient and consistent
with the current national guidelines published by AAP, of which
these rules were developed. No change to the rule was made
COMMENT: Concerning §133.189(d)(5), the PAC recommended that anesthesiologists at Level IV need to be pediatric
anesthesiologists, not simply "with expertise," because these
are the most complex infants and complex surgeries.
revised §133.189(d)(5).
COMMENT: Concerning §133.189(d)(7), McLane Children's
Hospital is concerned that in none of the public meetings was
a prescriptive definition of "complex range of pediatric surgical
subspecialist available for on-site..." discussed. The commenter
suggested that the state be less directive on this issue and
leave this to the site surveyors to determine.
written the rule language is sufficient for the Neonatal Designation Level IV as stated in §133.189(d)(7). A comprehensive
range of pediatric medical subspecialists and pediatric surgical
subspecialists will be immediately available to arrive on-site for
face to face consultation and care for an urgent request. No
change to the rule was made as a result of this comment.
COMMENT: Concerning §133.189(d)(15), the PAC recommended for the Perinatal Educator to have neonatal intensive
care unit experience, not just perinatal experience.
revised §133.189(d)(15).
COMMENT: Concerning §133.189(d)(17), Wadley Regional
Medical Center, Odessa Regional Medical Center, Harlingen
Medical Center, Baylor Scott and White, McLane Children's
Hospital, Southwest General Hospital, The Medical Center of
Southeast Texas, Pediatrix Medical Group, Mednax, the PAC,
and three individuals recommended that for a Level IV facility,
the treating physician should be a pediatric ophthalmologist or
retinal specialist with expertise in retinopathy of prematurity.
has revised §133.189(d)(18).
COMMENT: Concerning §133.190(a), Tenet Healthcare recommended adding a "hospital administrator" to the survey team.
RESPONSE: The commission disagrees with the comment because the survey is a peer review process which requires surveyors that are active in the management of neonatal patients
and have direct experience in the preparation for and successful
completion of neonatal facility verification/designation as cited in
§133.190(a) and (b)(3). No change to the rule was made as a
COMMENT: Concerning §133.190(a)(2), (3), and (4), the PAC
recommended revising (a)(2), (3) and (4) to specify that "survey
members practicing at the same or higher level;" for Level IV, it
must be at the same level.
RESPONSE: The commission agrees with the comment that
the qualification for the survey team composition should be
as consistent as possible across all levels, and has changed
§133.190(a)(2), (3), and (4).
COMMENT: Concerning §133.190(b)(4), HCA stated that the
language attempts to sustain a stable roster of qualified surveyors, it falters due to the ambiguity of tense and phrasing. Ideally,
the second clause of that sentence will be deleted.
written in the rule the re-credentialing of the surveyor every four
years is to ensure that all surveyors are in compliance with the
requirements of the position. No change to the rule was made
COMMENT: Concerning §133.190(b)(5), HCA requested that
the rules specify that a registered nurse or a board certified
physician be eligible to serve on the survey teams.
The Department of State Health Services, General Counsel, Lisa
Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the
agencies' legal authority.
STATUTORY AUTHORITY
The new sections are authorized by Health and Safety Code,
Chapter 241, which provides the department with the authority
to adopt rules establishing the levels of care for neonatal care,
establish a process for assignment or amendment of the levels
of care to hospitals, divide the state into neonatal care regions,
and facilitate transfer agreements through regional coordination;
and by Government Code, §531.0055, and Health and Safety
Code, §1001.075, which authorize the Executive Commissioner
of the Health and Human Services Commission to adopt rules
and policies necessary for the operation and provision of health
and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Attestation--A written statement, signed by the Chief
Executive Officer of the facility, verifying the results of a self-survey
represent a true and accurate assessment of the facility's capabilities
required in this subchapter.
(2) Birth weight--The weight of the neonate recorded at
time of birth.
(A) Low birth weight--Birth weight less than 2500
grams (5 lbs., 8 oz.);
a result has changed §133.190(b)(5)(A), (B), and (C).
(B) Very low birth weight (VLBW)--Birth weight less
than 1500 grams (3 lbs., 5 oz.); and
COMMENT: AAP recommended to not include a surgeon with
Neonatal Resuscitation Program experience on the Level IV survey team.
(C) Extremely low birth weight (ELBW)--Birth weight
less than 1000grams (2 lbs., 3 oz.).
a result has changed §133.190(b)(5)(C).
COMMENT: March of Dimes submitted a comment in support of
the proposed rules for neonatal care. March of Dimes believes
the rules will provide a framework in Texas that will allow hospitals to work with and learn from one another in order to provide
the best quality of care to mothers and babies across the state.
After the effective date of the rules, the department will provide
education on the designation process to facilities that wish to
seek designation at some level. This may include webinar trainings, stakeholder meetings, and posted guidance on the designation program webpage. The application will then be released
for the facilities and technical assistance provided regarding the
application and survey process to achieve designation. The department is currently working with external organizations to develop a survey process for Level II, III, and IV facilities.
DEPARTMENT COMMENT
A minor clarification was made to the definition of "QAPI Program" in §133.182(27), §133.186, §133.187, and §133.190 to
be consistent throughout the rule text.
LEGAL CERTIFICATION
(3) CAP--Corrective Action(s) Plan. A plan for the facility developed by the Office of EMS/Trauma Systems Coordination that
describes the actions required of the facility to correct identified deficiencies to ensure compliance with the applicable designation requirements.
(4)
Commission--The Health and Human Services Com-
(5)
Department--The Department of State Health Services.
mission.
(6) Designation--A formal recognition by the executive
commissioner of a facility's neonatal or maternal care capabilities and
commitment, for a period of three years.
(7) EMS--Emergency medical services used to respond to
an individual's perceived need for immediate medical care.
(8) Executive commissioner--The executive commissioner
of the Health and Human Services Commission.
(9) Gestational age--The age of a fetus or embryo at a specific point during a woman's pregnancy.
(10) High-risk Infant--A newborn that has a greater chance
of complications because of conditions that occur during fetal development, pregnancy conditions of the mother, or problems that may occur
during labor and/or birth.
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41 TexReg 4017
(11) Immediate supervision--The supervisor is actually observing the task or activity as it is performed.
(12)
Immediately--Without delay.
(13)
Infant--A child from birth to 1 year of age.
(14) Lactation consultant--A health care professional who
specializes in the clinical management of breastfeeding.
(15)
Maternal--Pertaining to the mother.
(16)
NCPAP--Nasal continuous positive airway pressure.
(17)
days after.
Neonate--An infant from birth through 28 completed
(18)
NMD--Neonatal Medical Director.
(19)
NPM--Neonatal Program Manager.
(20) Neonatal Resuscitation Program (NRP)--A resuscitation course that was developed and is administered jointly by the American Heart Association/American Academy of Pediatrics.
(21) Office--Office of Emergency Medical Services
(EMS)/Trauma Systems Coordination.
(22)
PCR--Perinatal Care Region.
(23) Perinatal--Of, relating to, or being the period around
childbirth, especially the five months before and one month after birth.
(24) POC--Plan of Correction. A report submitted to the
office by the facility detailing how the facility will correct any deficiencies cited in the survey report or documented in the self-attestation.
(25)
Premature/prematurity--Birth at less than 37 weeks of
(26)
Postpartum--The six-week period following delivery.
gestation.
(27) QAPI Program--Quality Assessment and Performance Improvement Program.
(28) RAC--Regional Advisory Council as described in
§157.123 of this title (relating to Regional Emergency Medical Services/Trauma Systems).
(29) Supervision--Authoritative procedural guidance by a
qualified person for the accomplishment of a function or activity with
initial direction and periodic inspection of the actual act of accomplishing the function or activity.
(30) TSA--Trauma Service Area as described in §157.122
of this title relating to (Trauma Service Areas).
(31)
Urgent--Requiring immediate action or attention.
§133.183. General Requirements.
(a) The Office of Emergency Medical Services (EMS)/Trauma
Systems Coordination (office) shall recommend to the Executive Commissioner of the Health and Human Services Commission (executive
commissioner) the designation of an applicant/healthcare facility as a
neonatal facility at the level for each location of a facility, which the
office deems appropriate.
(b) A healthcare facility is defined under this subchapter as a
single location where inpatients receive hospital services or each location if there are multiple buildings where inpatients receive hospital
services and are covered under a single hospital license.
(c) Each location shall be considered separately for designation and the office will determine the designation level for that location,
based on, but not limited to, the location's own resources and level of
care capabilities; Perinatal Care Region (PCR) capabilities; compli-
41 TexReg 4018
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Texas Register
ance with Chapter 133 of this title, concerning Hospital Licensing. A
stand-alone children's facility that does not provide obstetrical services
is exempt from obstetrical requirements. The final determination of the
level of designation may not be the level requested by the facility.
(1) Level I (Well Nursery). The Level I neonatal designated facility will:
(A) provide care for mothers and their infants generally of ≥35 weeks gestational age who have routine, transient perinatal
problems;
(B) have skilled personnel with documented training,
competencies and continuing education specific for the patient population served; and
(C) if an infant <35 weeks gestational age is retained,
the facility shall provide the same level of care that the neonate would
receive at a higher level designated neonatal facility and shall, through
the QAPI Program, complete an in depth critical review of the care
provided.
(2) The Level II (Special Care Nursery). The Level II
neonatal designated facility will:
(A) provide care for mothers and their infants of generally ≥32 weeks gestational age and birth weight ≥1500 grams who
have physiologic immaturity or who have problems that are expected
to resolve rapidly and are not anticipated to require subspecialty services on an urgent basis; and
(B) either provide care, including assisted endotracheal
ventilation for less than 24 hours or nasal continuous positive airway
pressure (NCPAP) until the infant's condition improves, or arrange for
appropriate transfer to a higher level designated facility; and
(C) provide skilled personnel that have documented
training, competencies and annual continuing education specific for
the patient population served.
(3) Level III (Neonatal Intensive Care Unit (ICU)). The
Level III neonatal designated facility will:
(A) provide care for mothers and comprehensive care
of their infants of all gestational ages with mild to critical illnesses or
requiring sustained life support;
(B) provide for consultation to a full range of pediatric
medical subspecialists and pediatric surgical specialists, and the capability to perform major pediatric surgery on-site or at another appropriate designated facility;
(C) have skilled medical staff and personnel with documented training, competencies and continuing education specific for
the patient population served;
(D)
(E)
nated facilities.
facilitate transports; and
provide outreach education to lower level desig-
(4) Level IV (Advanced Neonatal ICU). The Level IV
neonatal designated facility will:
(A) provide care for mothers and comprehensive care of
their infants of all gestational ages with the most complex and critically
ill neonates/infants and/or requiring sustained life support;
(B) have a comprehensive range of pediatric medical
subspecialists and pediatric surgical subspecialists available to arrive
on-site for face to face consultation and care, and the capability to perform major pediatric surgery including the surgical repair of complex
conditions;
(C) have skilled personnel with documented training,
competencies and continuing education specific for the patient population served;
(1)
(A)
(D) facilitate transports; and
(E)
nated facilities.
provide outreach education to lower level desig-
(d) Facilities seeking neonatal facility designation shall be surveyed through an organization approved by the office to verify that the
facility is meeting office-approved relevant neonatal facility requirements. The facility shall bear the cost of the survey.
(e)
PCRs.
(1) The PCRs are established for descriptive and regional
planning purposes and not for the purpose of restricting patient referral.
(2) The PCR will consider and facilitate transfer agreements through regional coordination.
(3) A written plan identifies all resources available in the
PCRs for perinatal care including resources for emergency and disaster
preparedness.
(4) The PCRs are geographically divided by counties and
are integrated into the existing 22 TSAs and the applicable Regional
Advisory Council (RAC) of the TSA provided in §157.122 and
§157.123 of this title; will be administratively supported by the RAC;
and will have fair and equitable representation on the board of the
applicable RAC.
(5) Multiple PCRs can meet together for the purposes of
mutual collaboration.
§133.184.
Designation Process.
(a) Designation application packet. The applicant shall submit the packet, inclusive of the following documents to the Office of
EMS/Trauma Systems Coordination (office) within 120 days of the facility's survey date:
(1) an accurate and complete designation application form
for the appropriate level of designation, including full payment of the
designation fee as listed in subsection (d) of this section;
(2) any subsequent documents submitted by the date requested by the office;
(3) a completed neonatal attestation and self-survey report
for Level I applicants or a designation survey report, including patient
care reviews if required by the office, for Level II, III and IV applicants;
(4) a plan of correction (POC), detailing how the facility
will correct any deficiencies cited in the survey report, to include: the
corrective action; the title of the person responsible for ensuring the
correction(s) is implemented; how the corrective action will be monitored; and the date by which the POC will be completed; and
(5) evidence of participation in the applicable Perinatal
Care Region (PCR).
(b) Renewal of designation. The applicant shall submit the
documents described in subsection (a)(1) - (5) of this section to the
office not more than 180 days prior to the designation expiration date
and at least 60 days prior to the designation expiration date.
(c) If a facility seeking designation fails to meet the requirements in subsection (a)(1) - (5) of this section, the application shall be
denied.
(d) Non-refundable application fees for the three year designation period are as follows:
Level I neonatal facility applicants, the fees are as fol-
lows:
≤100 licensed beds, the fee is $250.00; or
(B) >100 licensed beds, the fee is $750.00.
(2)
$1,500.00.
Level II neonatal facility applicants, the fee is
(3) Level III neonatal facility applicants, the fee is
$2,000.00.
(4)
$2,500.00.
Level IV neonatal facility applicants, the fee is
(A) All completed applications, received on or before
July 1, 2018, including the application fee, evidence of participation in
the PCR, an appropriate attestation if required, survey report, and that
meet the requirements of the requested designation level, will be issued
a designation for the full three-year term.
(B) Any facility that has not completed an on-site survey to verify compliance with the requirements for a Level II, III or
IV designation at the time of application must provide a self-survey
and attestation and will receive a Level I designation. The office, at
its sole discretion may recommend a designation for less than the full
three-year term. A designation for less than the full three-year term
will have a pro-rated application fee consistent with the one, two or
three-year term length.
(C) A facility applying for Level I designation requiring
an attestation may receive a shorter term designation at the discretion
of the office. A designation for less than the full three-year term will
have a pro-rated application fee.
(D) The office, at its discretion, may designate a facility for a shorter term designation for any application received prior to
September 1, 2018.
(E) An application for a higher or lower level designation may be submitted at any time.
(e) If a facility disagrees with the level(s) determined by the
office to be appropriate for initial designation or re-designation, it may
make an appeal in writing not later than 60 days to the director of the
office. The written appeal must include a signed letter from the facility's governing board with an explanation of how the facility meets the
requirements for the designation level.
(1) If the office upholds its original determination, the director of the office will give written notice of such to the facility not
later than 30 days of its receipt of the applicant's complete written appeal.
(2) The facility may, not later than 30 days of the office's
sending written notification of its denial, submit a written request for
further review. Such written appeal shall then go to the Assistant Commissioner of the Division for Regulatory Services (assistant commissioner).
(f) The surveyor(s) shall provide the facility with a written,
signed survey report regarding their evaluation of the facility's compliance with neonatal program requirements. This survey report shall be
forwarded to the facility no later than 30 days of the completion date
of the survey. The facility is responsible for forwarding a copy of this
report to the office if it intends to continue the designation process.
(g) The office shall review the findings of the survey report
and any POC submitted by the facility, to determine compliance with
the neonatal program requirements.
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41 TexReg 4019
(1) A recommendation for designation shall be made to the
executive commissioner based on compliance with the requirements.
(2)
minimum:
(2) A neonatal level of care designation shall not be denied
to a facility that meets the minimum requirements for that level of care
designation.
(A) standards of neonatal practice that the program
policies and procedures are based upon that are adopted, implemented
and enforced for the neonatal services it provides;
(3) If a facility does not meet the requirements for the level
of designation requested, the office shall recommend designation for
the facility at the highest level for which it qualifies and notify the
facility of the requirements it must meet to achieve the requested level
of designation.
(B) a periodic review and revision schedule for all
neonatal care policies and procedures;
(4) If a facility does not comply with requirements, the office shall notify the facility of deficiencies and required corrective action(s) plan (CAP).
(A) The facility shall submit to the office reports as required and outlined in the CAP. The office may require a second survey
to ensure compliance with the requirements. The cost of the survey will
be at the expense of the facility.
(B) If the office substantiates action that brings the facility into compliance with the requirements, the office shall recommend designation to the executive commissioner.
(C) If a facility disagrees with the office's decision regarding its designation application or status, it may request a secondary
review by a designation review committee. Membership on a designation review committee will:
(i)
be voluntary;
(ii) be appointed by the office director;
(iii) be representative of neonatal care providers and
appropriate levels of designated neonatal facilities; and
(iv) include representation from the office and the
Perinatal Advisory Council.
(D) If a designation review committee disagrees with
the office's recommendation for corrective action, the records shall be
referred to the assistant commissioner for recommendation to the executive commissioner.
(E) If a facility disagrees with the office's recommendation at the end of the secondary review, the facility has a right to a hearing, in accordance with a hearing request referenced in §133.121(9)
of this title (relating to Enforcement Action), and Government Code,
Chapter 2001.
§133.185. Program Requirements.
(a) Designated facilities shall have a family centered philosophy. Parents shall have reasonable access to their infants at all times
and be encouraged to participate in the care of their infants. The facility environment for perinatal care shall meet the physiologic and psychosocial needs of the mothers, infants, and families.
(b) Program Plan. The facility shall develop a written plan of
the neonatal program that includes a detailed description of the scope
of services available to all maternal and neonatal patients, defines the
neonatal patient population evaluated and/or treated, transferred, or
transported by the facility, that is consistent with accepted professional
standards of practice for neonatal and maternal care, and ensures the
health and safety of patients.
(1) The written plan and the program policies and procedures shall be reviewed and approved by the facility's governing body.
The governing body shall ensure that the requirements of this section
are implemented and enforced.
41 TexReg 4020
June 3, 2016
Texas Register
The written neonatal program plan shall include, at a
(C) written triage, stabilization and transfer guidelines
for neonates and/or pregnant/postpartum women that include consultation and transport services;
(D)
ensure appropriate follow up for all neonates/in-
fants;
(E) provisions for disaster response to include evacuation of mothers and infants to appropriate levels of care;
(F) a QAPI Program as described in §133.41(r) of this
title (relating to Hospital Functions and Services). The facility shall
demonstrate that the neonatal program evaluates the provision of
neonatal care on an ongoing basis, identify opportunities for improvement, develop and implement improvement plans, and evaluate the
implementation until a resolution is achieved. The neonatal program
shall measure, analyze, and track quality indicators or other aspects of
performance that the facility adopts or develops that reflect processes
of care and is outcome based. Evidence shall support that aggregate
patient data is continuously reviewed for trends and data is submitted
to the department as requested;
(G) requirements for minimal credentials for all staff
participating in the care of neonatal patients;
(H) provisions for providing continuing staff education;
including annual competency and skills assessment that is appropriate
for the patient population served;
(I) a perinatal staff registered nurse as a representative
on the nurse staffing committee under §133.41(o)(2)(F) of this title;
(J) the availability of all necessary equipment and services to provide the appropriate level of care and support of the patient
population served; and
(K) the availability of personnel with knowledge and
skills in breastfeeding.
(c) Medical Staff. The facility shall have an organized, effective neonatal program that is recognized by the medical staff and approved by the facility's governing body. The credentialing of the medical staff shall include a process for the delineation of privileges for
neonatal care.
(d) Medical Director. There shall be an identified Neonatal
Medical Director (NMD) and/or Transport Medical Director (TMD) as
appropriate, responsible for the provision of neonatal care services and
credentialed by the facility for the treatment of neonatal patients.
(1) The NMD and/or TMD shall have the authority and responsibility to monitor neonatal patient care from admission, stabilization, operative intervention(s) if applicable, through discharge, inclusive of the QAPI Program.
(2) The responsibilities and authority of the NMD and/or
TMD shall include but are not limited to:
(A) examining qualifications of medical staff requesting neonatal privileges and makes recommendations to the appropriate
committee for such privileges;
(B) assuring staff competency in resuscitation techniques;
(3) demonstrates effective administrative skills and oversight of the QAPI Program; and
(C) participating in ongoing staff education and training
in the care of the neonatal patient;
(4) has completed continuing medical education annually
specific to the care of neonates.
(D) oversight of the inter-facility neonatal transport;
(E) participating in the development, review and assurance of the implementation of the policies, procedures and guidelines
of neonatal care in the facility including written criteria for transfer,
consultation or higher level of care;
(F) regular and active participation in neonatal care at
the facility where medical director services are provided;
(G) ensuring that the QAPI Program is specific to
neonatal/infant care, is ongoing, data driven and outcome based; and
regularly participates in the neonatal QAPI meeting; and
(H) maintaining active staff privileges as defined in the
facility's medical staff bylaws.
(e) Neonatal Program Manager (NPM). The NPM responsible
for the provision of neonatal care services shall be identified by the
facility and:
(1)
be a registered nurse:
(2) have successfully completed and is current in the
Neonatal Resuscitation Program (NRP) or an office-approved equivalent:
(3) have the authority and responsibility to monitor the provision of neonatal patient care services from admission, stabilization,
operative intervention(s) if applicable, through discharge, inclusive of
the QAPI Program as defined in subsection (b)(2)(E) of this section.
(4) collaborate with the NMD in areas to include, but not
limited to: developing and/or revising policies, procedures and guidelines; assuring staff competency, education, and training; the QAPI
Program; and regularly participates in the neonatal QAPI meeting; and
(5) develop collaborative relationships with other NPM(s)
of designated facilities within the applicable Perinatal Care Region.
§133.186.
Neonatal Designation Level I.
(c)
Program Functions and Services.
(1) Triage and assessment of all patients admitted to the
perinatal service with identification of pregnant patients who are at high
risk of delivering a neonate that requires a higher level of care who
will be transferred to a higher level facility prior to delivery unless the
transfer would be unsafe.
(2) Supportive and emergency care delivered by appropriately trained personnel for unanticipated maternal-fetal problems that
occur during labor and delivery through the disposition of the patient.
(3) The ability to perform an emergency cesarean delivery.
(4) The primary physician, advanced practice nurse and/or
physician assistant with special competence in the care of neonates,
whose credentials have been reviewed by the NMD and is on call, and:
(A) shall demonstrate a current status on successful
completion of the American Heart Association/American Academy of
Pediatrics for the resuscitation of all infants NRP;
(B) has completed continuing education annually, specific to the care of neonates;
(C) shall arrive at the patient bedside within 30 minutes
of an urgent request;
(D) if not immediately available to respond or is covering more than one facility, be provided appropriate backup coverage
who shall be available, documented in an on call schedule and readily
available to facility staff; and
(E) if the physician, advanced practice nurse and/or
physician assistant is providing backup coverage, shall arrive at the
patient bedside within 30 minutes of an urgent request.
(5) Availability of appropriate anesthesia, laboratory, radiology, ultrasonography and blood bank services on a 24 hour basis as
described in §133.41(a), (h), and (s) of this title, respectively.
(a) Level I (Well Nursery). The Level I neonatal designated
facility will:
(A) If preliminary reading of imaging studies pending
formal interpretation is performed, the preliminary findings must be
documented in the medical record.
(1) provide care for mothers and their infants generally of
≥35 weeks gestational age who have routine, transient perinatal problems;
(B) There must be regular monitoring of the preliminary versus final reading in the QAPI Program.
(2) have skilled personnel with documented training, competencies and continuing education specific for the patient population
served; and
(3) if an infant <35 weeks gestational age is retained, the
facility shall provide the same level of care that the neonate would
receive at a higher level designated neonatal facility and shall, through
the QAPI Program complete an in depth critical review of the care
provided.
(6) A pharmacist shall be available for consultation on a 24
hour basis.
(A) If medication compounding is done by a pharmacy
technician for neonates/infants, a pharmacist will provide immediate
supervision of the compounding process.
(B) If medication compounding is done for neonates/infants, the pharmacist will develop checks and balances to ensure the
accuracy of the final product.
(1) is a currently practicing pediatrician, family medicine
physician, or physician specializing in obstetrics and gynecology with
experience in the care of neonates/infants;
(7) Resuscitation. The facility shall have appropriately
trained staff, policies and procedures for the stabilization and resuscitation of neonates based on current standards of professional
practice; shall ensure the availability of personnel who can stabilize
distressed neonates including those <35 weeks gestation until they can
be transferred to a higher level facility.
(2) demonstrates a current status on successful completion
of the Neonatal Resuscitation Program (NRP);
(A) Each birth shall be attended by at least one person
who demonstrates a current status of successful completion of the NRP
(b) Neonatal Medical Director (NMD). The NMD shall be a
physician who:
ADOPTED RULES
June 3, 2016
41 TexReg 4021
whose primary responsibility is for the management of the neonate and
initiating resuscitation.
of neonates/infants including assisted endotracheal ventilation and
NCPAP management;
(B) At least one person must be immediately available
on-site with the skills to perform a complete neonatal resuscitation including endotracheal intubation, establishment of vascular access and
administration of medications.
(B) maintains a consultative relationship with a board
eligible/certified neonatologist;
(C) Additional providers with current status of successful completion of the NRP shall be on-site and immediately available
upon request;
(D) Basic NRP equipment and supplies shall be immediately available for trained staff to perform resuscitation and stabilization on any neonate/infant.
(8) Perinatal Education. A registered nurse with experience in neonatal and/or perinatal care shall provide supervision and
coordination of staff education.
(9) Ensures the availability of support personnel with
knowledge and skills in breastfeeding to meet the needs of new
mothers.
(10) Social services and pastoral care shall be provided as
appropriate to meet the needs of the patient population served.
§133.187. Neonatal Designation Level II.
(D) demonstrates a current status on successful completion of the NRP; and
(E) has completed continuing medical education annually specific to the care of neonates.
(c)
perinatal service with the identification of pregnant women with a high
likelihood of delivering a neonate requiring a higher level of care be
transferred prior to delivery unless the transfer is unsafe.
(2) Supportive and emergency care delivered by appropriately trained personnel, for unanticipated maternal-fetal problems that
occur during labor and delivery through the disposition of the patient.
(3) The ability to perform an emergency cesarean delivery.
(4) The physician, advanced practice nurse and/or physician assistant with special competence in the care of neonates, whose
credentials have been reviewed by the NMD and is on call, and:
(a) Level II (Special Care Nursery).
(1)
(C) demonstrates effective administrative skills and
oversight of the QAPI Program;
The Level II neonatal designated facility will:
(A) provide care for mothers and their infants of generally ≥32 weeks gestational age and birth weight ≥1500 grams who
have physiologic immaturity or who have problems that are expected
to resolve rapidly and are not anticipated to require subspecialty services on an urgent basis; and
completion of the NRP;
(B) shall have completed continuing education annually specific to the care of neonates;
(C) shall arrive at the patient bedside within 30 minutes
of an urgent request;
(B) either provide care, including assisted endotracheal
ventilation for less than 24 hours or nasal continuous positive airway
pressure (NCPAP) until the infant's condition improves, or arrange for
appropriate transfer to a higher level designated facility. If the facility
performs neonatal surgery, the facility shall provide the same level of
care that the neonate would receive at a higher level designated facility
and shall, through the QAPI Program, complete an in depth critical
review of the care provided; and
(E) the physician, advanced practice nurse and/or
physician assistant providing backup coverage shall arrive at the
patient bedside within 30 minutes of urgent request; and
(C) provide skilled personnel that have documented
training, competencies and annual continuing education specific for
the patient population served.
(F) shall be on-site to provide ongoing care and to respond to emergencies when a neonate/infant is maintained on endotracheal ventilation.
(2) If a facility is located more than 75 miles from the nearest Level III or IV designated neonatal facility, and retains a neonate
between 30 and 32 weeks of gestation having a birth weight of between
1250 - 1500 grams, the facility shall provide the same level of care that
the neonate would receive at a higher level designated neonatal facility and shall, through the QAPI Program, complete an in depth critical
review of the care provided.
(5) Anesthesia services with pediatric experience will be
provided in compliance with the requirements found in §133.41(a) of
this title (relating to Hospital Functions and Services).
physician who is:
(1) a board eligible/certified neonatologist, with experience in the care of neonates/infants and demonstrates a current status
on successful completion of the Neonatal Resuscitation Program
(NRP); or
(2) by the effective date of this rule, a pediatrician or neonatologist who:
(A) has continuously provided neonatal care for the
last consecutive two years; has experience and training in the care
41 TexReg 4022
June 3, 2016
Texas Register
(D) if not immediately available to respond or is covering more than one facility, appropriate back-up coverage shall be available, documented in an on call schedule and readily available to facility
staff;
(6) Dietitian or nutritionist with sufficient training and experience in neonatal and maternal nutrition, appropriate to meet the
needs of the population served, shall be available and in compliance
with the requirements found in §133.41(d) of this title.
(7) Laboratory services shall be in compliance with the requirements found in §133.41(h) of this title and shall have:
(A) personnel on-site at all times when a neonate/infant
is maintained on endotracheal ventilation;
(B) a blood bank capable of providing blood and blood
component therapy; and
(C) neonatal/infant blood gas monitoring capabilities.
(8) Pharmacy services shall be in compliance with the requirements found in §133.41(q) of this title and shall have a pharmacist with experience in neonatal/perinatal pharmacology available at all
times.
(C) Total parenteral
neonates/infants shall be available.
nutrition
appropriate
for
(9) An occupational or physical therapist with sufficient
neonatal expertise shall be available to meet the needs of the population served.
(10) Medical Imaging. Radiology services shall be in compliance with the requirements found in §133.41(s) of this title and will
incorporate the "As Low as Reasonably Achievable" principle when
obtaining imaging in neonatal and maternal patients; and shall have:
(E) A full range of NRP equipment and supplies shall
be immediately available for trained staff to perform resuscitation and
stabilization on any neonate/infant.
(13) Perinatal Education. A registered nurse with experience in neonatal care, including special care nursery, and/or perinatal
care shall provide supervision and coordination of staff education.
(14) Social services and pastoral care shall be provided as
appropriate to the patient population served.
(15) Ensure the timely evaluation of retinopathy of prematurity, monitoring, referral for treatment and follow-up, in the case of
an at-risk infant.
(16) Ensure the availability of support personnel with
knowledge and expertise in lactation to meet the needs of new mothers
while breastfeeding.
(17) Ensure provisions for follow up care at discharge for
infants at high risk for neurodevelopmental, medical or psychosocial
complications.
§133.188. Neonatal Designation Level III.
(A) personnel appropriately trained, in the use of x-ray
and ultrasound equipment;
(a) Level III (Neonatal Intensive Care Unit (ICU)). The Level
III neonatal designated facility will:
(B) personnel at the bedside within 30 minutes of an
urgent request;
(1) provide care for mothers and comprehensive care of
their infants of all gestational ages with mild to critical illnesses or requiring sustained life support;
(C) appropriately trained personnel shall be available
on-site to provide ongoing care and to respond to emergencies when
an infant is maintained on endotracheal ventilation; and
(D) interpretation capability of neonatal and perinatal
x-rays and ultrasound studies available at all times.
(11) A respiratory therapist, with experience and specialized training in the respiratory support of neonates/infants, whose credentials have been reviewed by the NMD, shall be immediately available on-site when:
(A) a neonate/infant is on a respiratory ventilator to provide ongoing care and to respond to emergencies; or
(B) a neonate/infant is on a Continuous Positive Airway
Pressure (CPAP) apparatus.
(12) Resuscitation. The facility shall have written policies
and procedures specific to the facility for the stabilization and resuscitation of neonates based on current standards of professional practice.
(A) Each birth shall be attended by at least one provider
who demonstrates current status of successful completion of the NRP
whose primary responsibility is the management of the neonate and
(C) Additional providers with current status of successful completion of the NRP shall be on-site and immediately available
upon request.
(D) Additional providers who demonstrate current status of successful completion of the NRP shall attend each neonate in
the event of multiple births.
(2) provide for consultation to a full range of pediatric medical subspecialists and pediatric surgical specialists, and the capability
to perform major pediatric surgery on-site or at another appropriate designated facility;
(3) have skilled medical staff and personnel with documented training, competencies and continuing education specific for
the patient population served;
(4) facilitate transports; and
(5) provide outreach education to lower level designated
facilities.
physician who is a board eligible/certified neonatologist and demonstrates a current status on successful completion of the Neonatal Resuscitation Program (NRP).
(c) If the facility has its own transport program, there shall be
an identified Transport Medical Director (TMD). The TMD or Co-Director shall be a physician who is a board eligible/certified neonatologist or pediatrician with expertise and experience in neonatal/infant
transport.
(d)
risk of delivering a neonate that requires a higher level of care who
will be transferred to a higher level facility prior to delivery unless the
transfer is unsafe.
(2) Supportive and emergency care shall be delivered by
appropriately trained personnel, for unanticipated maternal-fetal problems that occur during labor and delivery through the disposition of the
patient.
(3) The ability to perform an emergency cesarean delivery
within 30 minutes.
ADOPTED RULES
June 3, 2016
41 TexReg 4023
(4) At least one of the following neonatal providers shall
be on-site and available at all times and includes pediatric hospitalists,
neonatologists, and/or neonatal nurse practitioners or neonatal physician assistants, as appropriate, who have demonstrated competence in
management of severely ill neonates/infants, whose credentials have
been reviewed by the NMD and is on call, and:
priately trained in ultrasound, computed tomography, magnetic resonance imaging, echocardiography, and/or cranial ultrasound equipment
shall be on-site within one hour of an urgent request; fluoroscopy shall
be available;
(A) has a current status of successful completion of the
(B) interpretation of neonatal and perinatal diagnostic
imaging studies by radiologists with pediatric expertise at all times;
and
(B) has completed continuing education annually, specific to the care of neonates;
(C) pediatric echocardiography with pediatric cardiology interpretation and consultation within one hour of an urgent request.
(C) if the on-site provider is not a neonatologist, a
neonatologist shall be available for consultation at all times and shall
arrive on-site within 30 minutes of an urgent request;
(11) Speech language pathologist, an occupational therapist, or a physical therapist with neonatal/infant experience shall be
available to evaluate and manage feeding and/or swallowing disorders.
(D) if the neonatologist is covering more than one facility, the facility must ensure that a back-up neonatologist be available,
documented in an on call schedule and readily available to facility staff;
and
(12) A respiratory therapist, with experience and specialized training in the respiratory support of neonates/infants, whose credentials have been reviewed by the NMD, shall be immediately available on-site.
(E) ensure that the neonatologist providing back-up
coverage shall arrive on-site within 30 minutes.
(13) Resuscitation. Written policies and procedures shall
be specific to the facility for the stabilization and resuscitation of
neonates based on current standards of professional practice.
NRP;
(5) Anesthesiologists with pediatric expertise, shall directly provide the anesthesia care to the neonate, in compliance with
the requirements found in §133.41(a) of this title (relating to Hospital
Functions and Services).
(6) A dietitian or nutritionist who has special training in
perinatal and neonatal nutrition and can plan diets that meet the special
needs of neonates/infants is available at all times, in compliance with
the requirements found in §133.41(d) of this title.
(7) Laboratory services shall be in compliance with the requirements found at §133.41(h) of this title and shall have:
(A)
laboratory personnel on-site at all times;
(B) perinatal pathology services available;
(C) a blood bank capable of providing blood and blood
(D)
neonatal blood gas monitoring capabilities.
(8) Pharmacy services shall be in compliance with the requirements found in §133.41(q) of this title and will have a pharmacist, with experience in neonatal/pediatric and perinatal pharmacology,
available at all times.
supervision of the compounding process;
nutrition
appropriate
for
(9) An occupational or physical therapist with sufficient
neonatal expertise shall be available to meet the needs of the population served.
(10) Medical Imaging. Radiology services shall be in compliance with the requirements found in §133.41(s) of this title; will incorporate the "As Low as Reasonably Achievable" principle when obtaining imaging in neonatal and maternal patients; and shall have:
(A) personnel appropriately trained in the use of x-ray
equipment shall be on-site and available at all times; personnel appro-
41 TexReg 4024
June 3, 2016
Texas Register
(C) Additional providers who demonstrate current status of successful completion of the NRP shall attend each neonate in
(D) Each high-risk delivery shall have in attendance at
least two providers who demonstrate current status of successful completion of the NRP whose only responsibility is the management of the
neonate.
(E) A full range of resuscitative equipment, supplies,
and medications shall be immediately available for trained staff to perform complete resuscitation and stabilization on each neonate/infant.
(14) Perinatal education. A registered nurse with experience in neonatal care, including neonatal intensive care, shall provide
supervision and coordination of staff education.
(15) Pastoral care and/or counseling shall be provided as
(16) Social services shall be provided as appropriate to the
patient population served.
(17) Ensure the timely evaluation of retinopathy of prematurity, monitoring, referral for treatment and follow-up, in the case of
an at-risk infant.
(18) A certified lactation consultant shall be available at all
times.
infants at high risk for neurodevelopmental, medical, or psychosocial
complications.
§133.189. Neonatal Designation Level IV.
(a) Level IV (Advanced Neonatal Intensive Care Unit). The
Level IV neonatal designated facility will:
(1) provide care for the mothers and comprehensive care
of their infants of all gestational ages with the most complex and critically ill neonates/infants with any medical problems, and/or requiring
sustained life support;
(2) ensure that a comprehensive range of pediatric medical
subspecialists and pediatric surgical subspecialists are available to arrive on-site for face to face consultation and care, and the capability to
perform major pediatric surgery including the surgical repair of complex conditions;
(3) have skilled personnel with documented training, competencies and continuing education specific for the patient population
served;
(4)
facilitate transports; and
(5)
provide outreach education to lower level designated
facilities.
physician who is a board eligible/certified neonatologist and demonstrates a current status on successful completion of the Neonatal Resuscitation Program (NRP).
(c) If the facility has its own transport program, there shall
be an identified Transport Medical Director (TMD). The TMD and/or
Co-Director shall be a physician who is a board eligible/certified neonatologist.
(d)
risk of delivering a neonate that requires a higher level of care who will
be transferred to another facility prior to delivery unless the transfer is
unsafe.
(2) Supportive and emergency care shall be delivered by
appropriately trained personnel, for unanticipated maternal-fetal problems that occur during labor and delivery, through the disposition of
the patient.
(3) The ability to perform an emergency cesarean delivery
within 30 minutes.
(4) Board certified/board eligible neonatologists whose
credentials have been reviewed by the NMD and is on call, and who:
completion of the NRP;
(B) have completed continuing education annually,
specific to the care of neonates; and
(C) shall be on-site and immediately available at the
neonate/infant bedside as requested.
(5) Pediatric anesthesiologists shall directly provide anesthesia care to the neonate, in compliance with the requirements in
§133.41(a) of this title.
(6) A dietitian or nutritionist who has special training in
perinatal and neonatal nutrition and can plan diets that meet the special
needs of neonates in compliance with the requirements in §133.41(d)
of this title.
(7) A comprehensive range of pediatric medical subspecialists and pediatric surgical subspecialists will be immediately available to arrive on-site for face to face consultation and care for an urgent
request.
(8) Laboratory services shall be in compliance with the requirements in §133.41(h) of this title and shall have:
(A) appropriately trained and qualified laboratory personnel on-site at all times;
(B) perinatal pathology services;
(C) a blood bank capable of providing blood and blood
(D)
neonatal/infant blood gas monitoring capabilities.
(9) Pharmacy services shall be in compliance with the requirements in §133.41(q) of this title and shall have a pharmacist, with
experience in neonatal/pediatric and perinatal pharmacology available
on-site at all times.
(B) If medication compounding is done for neonates/infants, the pharmacist shall develop and implement checks and balances
to ensure the accuracy of the final product.
nutrition
appropriate
for
(10) An occupational or physical therapist with neonatal
expertise shall be available to meet the needs of the population served.
(11) Medical Imaging. Radiology services shall be in compliance with the requirements in §133.41(s) of this title will incorporate the "As Low as Reasonably Achievable" principle when obtaining
imaging in neonatal and maternal patients; and shall have:
(A) personnel appropriately trained in the use of x-ray
equipment shall be on-site and available at all times; personnel appropriately trained in ultrasound, computed tomography, magnetic resonance imaging, echocardiography and/or cranial ultrasound equipment
shall be on-site within one hour of an urgent request; and fluoroscopy
shall be available at all times;
(B) neonatal and perinatal diagnostic imaging studies
available at all times with interpretation by radiologists with pediatric
expertise, available within one hour of an urgent request; and
(C) pediatric echocardiography with pediatric cardiology interpretation and consultation within one hour of an urgent request.
(12) Speech language pathologist with neonatal expertise
shall be available to evaluate and manage feeding and/or swallowing
disorders.
(13) A respiratory therapist, with experience and specialized training in the respiratory support of neonates/infants, whose credentials have been reviewed by the Neonatal Medical Director, shall
be on-site and immediately available.
(14) Resuscitation. The facility shall have written policies
and procedures specific to the facility for the stabilization and resuscitation of neonates/infants based on current standards of professional
practice.
on-site with the skills to perform a complete neonatal resuscitation in-
ADOPTED RULES
June 3, 2016
41 TexReg 4025
cluding endotracheal intubation, establishment of vascular access and
(1) have at least three years of experience in the care of
neonatal patients;
(C) Additional providers who demonstrate current status of successful completion of the NRP shall attend each neonate in
(2) be currently employed/practicing in the coordination of
care for neonatal patients;
(D) Each high-risk delivery shall have in attendance at
least two providers who demonstrate current status of successful completion of the NRP whose only responsibility is the management of the
neonate.
(E) A full range of resuscitative equipment, supplies
and medications shall be immediately available for trained staff to perform resuscitation and stabilization on each neonate/infant.
(15) Perinatal Education. A registered nurse with experience in neonatal care, including neonatal intensive care, shall provide
supervision and coordination of staff education.
(16) Pastoral care and/or counseling shall be provided as
(17) Social services shall be provided as appropriate to the
patient population served.
(18) The facility must ensure the timely evaluation
and treatment of retinopathy of prematurity on-site by a pediatric
ophthalmologist or retinal specialist with expertise in retinopathy
of prematurity in the event that an infant at risk is present, and a
documented policy for the monitoring, treatment and follow-up of
retinopathy of prematurity.
(3) have direct experience in the preparation for and successful completion of neonatal facility verification/designation;
(4) have successfully completed an office-approved neonatal facility site surveyor course and be successfully re-credentialed every four years; and
(5) have current credentials as follows:
(A) a registered nurse who is current in the NRP and has
successfully completed an office approved site survey internship; or
(B) a physician who is board certified in the respective
specialty, current in the NRP, and has successfully completed an office
approved site survey internship; or
(C) a surgeon who is board certified, has demonstrated
expertise in pediatric surgery, and has successfully completed an office
approved site survey internship.
(c) All members of the survey team, except department staff,
shall come from a Perinatal Care Region outside the facility's location
and at least 100 miles from the facility. There shall be no business or
patient care relationship or any potential conflict of interest between the
surveyor or the surveyor's place of employment and the facility being
surveyed.
A certified lactation consultant shall be available at all
(d) The survey team shall evaluate the facility's compliance
with the designation criteria by:
infants at high risk for neurodevelopmental, medical, or psychosocial
complications.
(1) reviewing medical records; staff rosters and schedules;
documentation of QAPI Program activities including peer review; the
program plan; policies and procedures; and other documents relevant
to neonatal care;
(19)
times.
§133.190. Survey Team.
(a) The survey team composition shall be as follows:
(1) Level I facilities neonatal program staff shall conduct
a self-survey, documenting the findings on the approved office survey
form. The office may periodically require validation of the survey findings, by an on-site review conducted by department staff.
(2) Level II facilities shall be surveyed by a team that is
multi-disciplinary and includes at a minimum of one neonatologist and
one neonatal nurse, all approved in advance by the office and currently
active in the management of neonatal patients at a facility providing
the same or a higher level of neonatal care.
(3) Level III facilities shall be surveyed by a team that is
multi-disciplinary and includes at a minimum of one neonatologist and
one neonatal nurse, all approved in advance by the office and currently
active in the management of neonatal patients at a facility providing the
same or a higher level of neonatal care. An additional surveyor may be
requested by the facility or at the discretion of the office.
(4) Level IV facilities shall be surveyed by a team that is
multi-disciplinary and includes at a minimum of one neonatologist, a
surgeon with pediatric expertise and one neonatal nurse, all approved in
advance by the office and currently active in the management of neonatal patients at a facility providing the same level of neonatal care. If the
facility holds a current pediatric surgery verification by the American
College of Surgeons, the facility may be exempted from having a pediatric surgeon as a member of the survey team.
(b)
Office-credentialed surveyors must meet the following cri-
teria:
41 TexReg 4026
June 3, 2016
Texas Register
(2) reviewing equipment and the physical plant;
(3) conducting interviews with facility personnel; and
(4) evaluating appropriate use of telemedicine capabilities
where applicable.
(e) All information and materials submitted by a facility to the
office under Health and Safety Code, §241.183(d), are subject to confidentiality as articulated in Health and Safety Code, §241.184, Confidentially; Privilege, and are not subject to disclosure under Government Code, Chapter 552, or discovery, subpoena, or other means of
legal compulsion for release to any person.
TRD-201602481
Lisa Hernandez
General Counsel
♦
♦
♦
PART 11. CANCER PREVENTION AND
RESEARCH INSTITUTE OF TEXAS
CHAPTER 702. INSTITUTE STANDARDS ON
ETHICS AND CONFLICTS, INCLUDING THE
ACCEPTANCE OF GIFTS AND DONATIONS TO
THE INSTITUTE
25 TAC §702.11
The Cancer Prevention and Research Institute of Texas
("CPRIT" or "the Institute") adopts amendments to §702.11
regarding professional conflicts of interest without changes to
the proposed text as published in the March 4, 2016, issue of
Reasoned Justification
The amendment to §702.11 clarifies that a professional conflict
of interest includes serving as a consultant or contractor to a
grant applicant. It also expands the applicability of the rule to include the time that the individual is actively seeking to represent
a grant applicant. Finally, the amendment provides examples of
activities that constitute "actively seeking to represent" such that
the rule is invoked.
Summary of Public Comments and Staff Recommendation
No public comments germane to the proposed rule amendment
were received.
The rule changes are adopted under the authority of the Texas
Health and Safety Code Annotated, §102.108 and §102.251,
which provides the Institute with broad rulemaking authority to
administer the chapter, including rules for awarding grants.
TRD-201602503
Heidi McConnell
Chief Operating Officer
Cancer Prevention and Research Institute of Texas
♦
♦
♦
CHAPTER 703. GRANTS FOR CANCER
PREVENTION AND RESEARCH
25 TAC §703.12, §703.21
The Cancer Prevention and Research Institute of Texas
("CPRIT" or "the Institute") adopts amendments to §703.12
and §703.21 regarding unallowable grantee expenses and the
process to appeal a waiver of reimbursement of project costs
Reasoned Justification
The adopted change to §703.12 specifies that fees and expenses associated with acquiring or maintaining a visa are not
authorized expenses to be paid with grant funds. The adopted
change to §703.21 adds an appeal process if a grantee's
reimbursement of project expenses is waived by CPRIT. Project
costs are waived when a grantee fails to submit a financial
status report within the required timeframe.
Summary of Public Comments and Staff Recommendation
CPRIT received one comment regarding the proposed change
to §703.21 from The University of Texas at Dallas (UTD). UTD
did not disagree with the proposed change but requested more
information on the process to appeal the waiver of a grantee's
right to reimbursement of project costs, including information on
the appropriate tab to use to submit the request through CPRIT's
electronic grant management system.
CPRIT declines to make a change to the rule as originally proposed. Information requested by the commenter is ministerial.
CPRIT will provide instructions to grantees regarding how to submit and document an appeal. The submittal process instructions
will not alter the policy behind the proposed rule change.
The amendments are adopted under the authority of the Texas
Health and Safety Code Annotated, §102.108 and §102.251,
which provides the Institute with broad rulemaking authority to
administer the chapter, including rules for awarding grants.
TRD-201602502
Heidi McConnell
Chief Operating Officer
Cancer Prevention and Research Institute of Texas
♦
♦
♦
TITLE 28. INSURANCE
INSURANCE
CHAPTER 21. TRADE PRACTICES
SUBCHAPTER KK. HEALTH CARE
REIMBURSEMENT RATE INFORMATION
28 TAC §§21.4501 - 21.4507
The Texas Department of Insurance adopts amendments to
28 TAC §§21.4501 - 21.4507, concerning health care reimbursement rate information. The amendments are adopted with
changes to the proposed text published in the November 20,
2015, issue of the Texas Register (40 TexReg 8158).
TDI modified "§21.4705" to "§21.4505" in §21.4507(c)(1)(C),
(c)(2)(B), (c)(3), (c)(4)(C), (c)(5)(B), (c)(6)(B), (c)(6)(C), and
(d)(1) of the proposal text to correct the citation. The adopted
rules reference the correct citation.
TDI modified "subchapter" to "title" in §§21.4502(a),
21.4505(b), 21.4507(c)(1)(C), 21.4507(c)(2)(C), 21.4507(c)(3),
ADOPTED RULES
June 3, 2016
41 TexReg 4027
21.4507(c)(4)(C), 21.4507(c)(5)(B), 21.4507(c)(6)(B) - (C), and
21.4507(d)(1).
it is on the list of procedures collected for inpatient, but the procedure is also commonly performed on an outpatient basis.
In response to a comment, TDI removed §21.4502(e). TDI will
explain issuers' ability to include self-funded data in data collection instructions provided to issuers prior to the due date of each
annual data call, instead of including it in the rule text. Because
of the removal of subsection (e), TDI changed §21.4502(f) to
§21.4502(e) and §21.4502(g) to §21.4502(f).
TDI renamed "myringotomy" to "tympanostomy" and renumbered it from §21.4507(c)(2)(C)(vii) to §21.4507(c)(2)(C)(ix).
The term tympanostomy provides a more accurate description
of the service for which data is collected.
In response to a comment, TDI modified the definition of "allowed
amount" at §21.4503(1) to use the term "payment" instead of
"reimbursement."
TDI added the words "and §38.353, which is" and "or a state employee health plan under Insurance Code Chapters 1551, 1575,
1579, and 1601" to the definition of applicable health benefit plan
at §21.4503(3). These plans are included in the applicability section of Insurance Code §38.353, and including them in the definition adds clarity.
TDI added a space between (ii) and "evocative suppression testing" at §21.4507(c)(5)(B)(ii).
TDI removed the word "lab" at §21.4507(c)(6) to clarify data for
rural health clinic office visits is not limited to laboratory services.
TDI added the words "by time or complexity" to the description of
office visits under §21.4507(c)(6)(B)(i) - (iii). The change clarifies
that data for office visits should be specific to the level of time or
complexity involved.
TDI changed §21.4507(b) and §21.4507(c)(1)(C) to insert the
words "of this title" following a references to other sections.
In response to a comment, TDI modified the definition of "freestanding emergency medical care facility" at §21.4503(6) as one
that is "required to be licensed under Health and Safety Code
Chapter 254."
TDI changed capitalization in the introductory phrases in
§§21.4507(c)(2) - (6), 21.4503(1) - (5), 21.4503(7) - (16), and
21.4507 for consistency with TDI rule drafting style for introductory phrases.
In response to a comment, TDI modified the definition of "innetwork claims" under §21.4503(10) to clarify that the provider
must be contracted "under the plan."
TDI removed the introductory phrase "Data submission requirements" in §21.4507(d) for consistency within the section.
TDI made minor changes to terminology in order to consistently use the term "applicable health benefit plan issuer" in
§21.4503(18) and §21.4506(a).
In response to a comment, TDI made minor changes to terminology in order to consistently use the term "health care services"
in §§21.4503(4), 21.4503(10), 21.4503(12), and 21.4505(b).
In response to a comment, TDI made minor changes to terminology in order to consistently use the term "provider" in
§21.4503(16) and §21.4504.
TDI removed the words "in §21.4506 of this subchapter" from
§21.4505(a).
TDI removed the words "for in-network and out-of-network
claims" from §21.4507(b).
TDI reordered the list of services at §21.4507(c)(1)(C) by moving "back surgery - laminectomy" from §21.4507(c)(1)(C)(vi) to
§21.4507(c)(1)(C)(vii) in order to group services together that are
collected for both inpatient and outpatient.
TDI added the words "pathology claims" and "as applicable" to
§21.4507(c)(2)(B). The changes modify specifications for outpatient professional claims data in order to align the requirements
for professional outpatient claims with those for professional inpatient claims.
TDI removed the words "free-standing clinic" from
§21.4507(c)(2)(B) because the place-of-service codes used for
professional claims data do not include a code for free-standing
clinics.
TDI reordered and renumbered the list of outpatient services at
§21.4507(c)(2)(C) and added "back surgery - laminectomy" to
the list at §21.4507(c)(2)(C)(i). TDI reordered and renumbered
the list of services to accommodate the additional service and to
group the services by those collected in both inpatient and outpatient settings. "Back surgery - laminectomy" was added because
41 TexReg 4028
June 3, 2016
Texas Register
In response to a comment, TDI deleted §21.4507(d)(4)(C)
to remove reference to "self-funded employer group plans."
As a result of this change, §21.4507(d)(4)(D) was changed
to §21.4507(d)(4)(C) and §21.4507(d)(4)(E) was changed to
§21.4507(d)(4)(D).
These changes do not introduce new subject matter, create additional costs, or affect persons other than those previously on
notice from the proposal.
REASONED JUSTIFICATION. The amendments to §§21.4501
- 21.4507 are necessary because data collected under the previously adopted rules do not produce a consistent and accurate
representation of average market prices for health care services.
In 2007, the Legislature adopted Insurance Code Chapter 38,
Subchapter H, which authorized TDI to collect annually data concerning health benefit plan reimbursement rates. On January 9,
2011, TDI adopted rules that created a data collection methodology to collect certain information related to reimbursement rates,
and TDI annually published the information collected in a Reimbursement Rate Guide on its website. The purpose of the guide
is to help consumers estimate costs in advance of planned procedures and mitigate balance billing.
TDI found that much of the data submitted by carriers under the
rules adopted in 2011 did not accurately reflect costs that consumers are likely to face. In collaboration with the University of
Texas School of Public Health, TDI improved the data collection
methodology, which is adopted in these rules. The methodology
will improve the quality and relevance of data provided to consumers through the Reimbursement Rate Guide.
Past data was orientated around single medical billing codes,
which could not provide consumers with a clear picture of
treatment event costs because the full cost of a procedure may
include multiple claims, each including multiple lines of billing
codes. The adopted methodology presents more accurate
procedure costs by using key target codes. For any claim that
includes a target code, the issuer will provide the full cost of the
claim, inclusive of the target code and other services provided.
In addition to collecting a more comprehensive set of claims
costs, the adopted amendments also include an explicit method
for grouping different claims related to the same medical service
into a treatment event. This will allow TDI to present cost estimates to consumers that represent the total cost of care, rather
than separately presenting facility costs, physician costs, and
anesthesiologist costs.
The adopted methodology: (i) improves accuracy of price estimates for inpatient and outpatient procedures by collecting data
at the claim level (rather than the line level); (ii) makes data more
meaningful by grouping separate cost components by treatment
event; (iii) mitigates the influence of outliers by collecting median
amounts; and (iv) allows TDI to present a likely range of costs
by collecting minimum/maximum and 25th/75th percentiles.
TDI hosted stakeholder meetings on April 15, 2014, and November 13, 2014, to discuss changes to the data collection methodology and potential changes to TDI's data collection rules at 28
TAC §§21.4501 - 21.4507. TDI posted an informal draft of the
rule text on its website April 17, 2015, and invited further public
comment. Originally set to expire May 15, 2015, TDI extended
the informal comment period until September 1, 2015, to coincide with the due date for the reimbursement rate data call.
TDI issued the annual reimbursement rate data call bulletin on
June 5, 2015, and invited issuers to submit a limited set of test
data using the methodology proposed in the informal draft of the
rule, instead of the full reporting of the 2015 reimbursement rate
information under Form LHL616 and the current rule. Issuers
were encouraged to communicate problems or concerns with the
methodology as well as costs associated with compliance.
In selecting procedures for purposes of data collection, TDI considered several factors. First, TDI considered services that are
widely used and that consumers usually plan for in advance of
receiving the service. TDI surveyed existing price transparency
websites for the services to include. TDI prioritized services,
such as imaging, for which the price may vary significantly based
on the place of service. TDI also considered consumers' need
for data on fair market prices for services for which they may be
balance billed, such as pathology or emergency care.
As referenced in adopted §21.4505(b), the medical billing codes
and instructions for the data filing for the calendar year 2015
reporting period are currently available on TDI's website. The
medical billing codes on the website have not changed since
being posted on December 29, 2015.
The following discussion provides an overview of and explains
additional reasoned justification for the adopted amendments to
the rules.
Section 21.4501. Purpose. The adopted amendment to
§21.4501(3) deletes reference to the Department of State
Health Services' publication.
Section 21.4502. Applicability. The adopted amendments
to §21.4502 delete the word "group" and insert "applicable"
before "health benefit plan" to conform to adopted amendments
at §21.4503(3). Adopted amendments add new subsection
(e), which exempts an applicable health benefit plan issuer
with fewer than 20,000 covered lives in comprehensive health
coverage, as reported on Part 1 of the National Association of
Insurance Commissioners Supplemental Health Care Exhibit
at the end of the applicable reporting period, from reporting
requirements under §21.4506, as provided in Insurance Code
§38.353(e). Adopted amendments add new subsection (f)(1)
and (2), which provide that, under Insurance Code §38.353(e),
the subchapter does not apply to a Medicare supplemental
policy as defined in §1882(g)(1), Social Security Act (42 U.S.C.
§1395ss) or a Medicare Advantage plan offered under a contract
with the federal Centers for Medicare and Medicaid Services.
Section 21.4503. Definitions. The adopted amendments to
§21.4503 add new definitions, update current definitions, and
delete definitions no longer relevant to the adopted rule.
Adopted §21.4503(1) defines "allowed amount" as an amount
that the applicable health benefit plan issuer allows as payment
for a health care service or group of services, including amounts
for which a patient is responsible due to deductibles, copayments, or coinsurance.
Adopted §21.4503(2) defines "ambulatory surgical center" as a
facility licensed under Health and Safety Code Chapter 243.
Adopted §21.4503(3) changes "group health benefit plan," previously defined at §21.4503(1), to "applicable health benefit plan"
and updates current text to include an exclusive provider benefit plan consistent with Insurance Code §1301.0042 and state
employee health benefit plans under Insurance Code Chapters
1551, 1575, 1579, and 1601.
Adopted §21.4503(4) defines "billed amount" as the amount
charged for health care services on a claim submitted by a
provider.
Adopted §21.4503(5) defines "facility claims" as any claim for
health care services provided by a facility as defined in 28 TAC
§3.3702.
Adopted §21.4503(6) adds "freestanding emergency medical
care facility" and defines it as a freestanding emergency medical
care facility required to be licensed under Health and Safety
Code Chapter 254.
Adopted §21.4503(7) adds "geographic regions" and defines
it as a three-digit ZIP code, representing the collection of ZIP
codes that share the same first three digits. For purposes of
data submitted under this subchapter, a geographic region must
be located in Texas, in full or in part.
Adopted §21.4503(8) adds "imaging claims" and defines it as
claims for radiological services furnished in a provider's office,
outpatient hospital, or other outpatient environment.
Adopted §21.4503(9) adds "inpatient procedure claims" and defines it as claims for health care services furnished in a hospital,
as defined by Insurance Code §1301.001, to a patient who is
formally admitted.
Adopted §21.4503(10) adds "in-network claims" and defines it
as claims filed with an applicable health benefit plan for health
care treatment, services, or supplies furnished by a provider that
is contracted as an in-network or preferred provider under the
plan.
Adopted §21.4503(11) adds "medical billing codes" and defines it as standard code sets used to bill for specific medical
services including the Healthcare Common Procedure Coding
System (HCPCS) and Diagnosis-Related Group (DRG) system
established by the Centers for Medicare and Medicaid Services
(CMS), the Current Procedural Terminology (CPT) code set
maintained by the American Medical Association, and the International Classification of Diseases (ICD) code sets developed
by the World Health Organization.
Adopted §21.4503(12) adds "out-of-network claims" and defines
it as claims filed with an applicable health benefit plan for health
ADOPTED RULES
June 3, 2016
41 TexReg 4029
care treatment, services, or supplies furnished by a provider who
is not contracted as an in-network provider or preferred provider
under the plan.
Adopted §21.4503(13) adds "outpatient facility procedure
claims" and defines it as claims for health care services provided
in an ambulatory surgical center or a hospital, as defined by
Insurance Code §1301.001, to a patient who is not formally
admitted.
Adopted §21.4503(14) adds "place-of-service code" and defines
it as a health care claim code in which "place of service" refers
to the type of entity where services were rendered, as specified by a two-digit place-of-service code on a professional health
care claim, consistent with the ASC X12N standard for electronic
transactions. CMS maintains place-of-service codes.
Adopted §21.4503(15) adds "primary plan" and defines it as it is
defined in 28 TAC §3.3503(17).
Adopted §21.4503(16) adds "professional claims" and defines it
as any claim for health care services provided by a physician or
provider that is not an institutional provider, as defined in Insurance Code §1301.001.
Adopted §21.4503(17) redesignates the current definition of
"provider" previously found at §21.4503(4) and adds the word
"physician" to the definition.
Adopted §21.4503(18) redesignates the current definition of "reporting period" previously found at §21.4503(5) and replaces
"six" with "12," inserts the words "each year," and replaces "June
30" with "December 31." The definition is, "The 12-month interval of time for which a plan or health benefit plan issuer must
submit data each year, beginning each January 1 and ending
the following December 31."
Adopted §21.4503(19) adds "TDI" and defines it as the Texas
Department of Insurance.
Adopted amendments to §21.4503 also delete the definition for
"institutional provider" at current §21.4503(2) and "physician" at
current §21.4503(3). "Physician" is included in the definition of
"provider" in adopted amendment §21.4503(16).
Section 21.4504. Geographic Regions. The adopted amendment requires issuers to report data collected under this
subchapter according to the three-digit ZIP code in which the
health care service was provided. TDI also notes that publication of health care reimbursement rate information derived
from the data may be aggregated across broader geographic
regions, if necessary to ensure, consistent with Insurance Code
§38.357, that the published information does not reveal the
name of any health care provider or health benefit plan issuer.
Section 21.4505. Requirement to Collect Data. The adopted
amendments to §21.4505(a) remove the word "group" preceding
"health benefit plan" and insert the word "applicable" to conform
to adopted amendments at §21.4503(3), add the requirement
to collect the data annually, and delete text referring to Form
LHL616 to conform to the adopted amendments to §21.4507.
Adopted §21.4505(b) requires that data elements and medical
services specified under adopted amendments to §21.4507(b)
and (c) must be collected with respect to medical billing codes
specified by TDI. The current set of medical billing codes will be
available to issuers in a Microsoft Excel template on TDI's website and will be updated no more than annually to account for any
changes in standard medical practice and medical billing codes
41 TexReg 4030
June 3, 2016
Texas Register
related to the services specified in the adopted amendment to
§21.4507(c).
Adopted §21.4505 deletes subsection (c), related to an exemption that is based on the number of covered lives to conform to
adopted amendment §21.4502(e).
Section 21.4506. Submission of Report. The adopted amendments to §21.4506(a) add that, in addition to each plan and
health benefit plan issuer identified in §21.4502(a) and (b), the
plan or issuer's authorized agent may submit the required data.
Adopted amendments to §21.4506(a) also change the deadline
for the submission of the required data in annual reporting subsequent to the initial filing to no later than May 1, rather than
September 1. Adopted amendments to §21.4506(a) also delete
language referencing Form LHL616 to conform with adopted
§21.4507.
Adopted §21.4506(b) requires the data be filed electronically as
a Microsoft Excel form and emailed to TDI, or uploaded by secure File Transfer Protocol.
Adopted §21.4506(c) alerts issuers that they may use a Microsoft
Excel template available on TDI's website to meet the requirements of adopted §§21.4501 - 21.4507.
Adopted §21.4506 deletes subsections (d) and (f), both relating
to procedures for accessing the report form and acceptance of
the End User Agreement to conform to adopted amendments to
§21.4507.
Adopted §21.4506 deletes subsection (e) related to an exemption based on the number of covered lives to conform to adopted
amendments to §21.4502(e).
Section 21.4507. Data Required. The adopted amendments
change the title of the section from "Report Form" to "Data Required," to more accurately describe the section. The adopted
amendment to §21.4507 deletes §21.4507(1) - (3) to conform
with adopted §21.4507(a) - (d).
Adopted §21.4507(a) requires applicable health benefit plans
to include a cover page with each report, and adopted
§21.4507(a)(1) - (8) describe the elements to include on the
cover page.
Adopted §21.4507(b) requires applicable health benefit plans to
submit in-network and out-of-network claims data for each geographic region, as defined by adopted §21.4503, for each service
identified in adopted subsection (c) in data columns in the order
of the adopted amendments to §21.4507(b)(1) - (17).
Adopted §21.4507(b)(1) adds a data column to report network
status of the claims data, using "IN" to indicate in-network
claims and "OON" to indicate out-of-network claims. Adopted
§21.4507(b)(2) adds a data column to report the geographic
region of the claims data, using the three-digit ZIP code to
indicate the applicable region. Adopted §21.4507(b)(3) adds a
data column to report total number of unique claim identifiers
for all claim types. Adopted §21.4507(b)(4) adds a data column
to report inpatient procedure facility claims, including total
number of discharges. Adopted §21.4507(b)(5) - (18) add 14
additional data columns to the report: total amount billed; total
amount allowed; mean amount billed; mean amount allowed;
median amount billed; median amount allowed; maximum
amount billed; maximum amount allowed; minimum amount
billed; minimum amount allowed; lower quartile amount billed,
representing the 25th percentile of all amounts billed; lower
quartile amount allowed, representing the 25th percentile of all
amounts allowed; upper quartile amount billed, representing the
75th percentile of all amounts billed; and upper quartile amount
allowed, representing the 75th percentile of all amounts allowed.
Adopted §21.4507(c) requires issuers to report the data elements identified in adopted §21.4507(b) in the specified manner
for each category of services listed in adopted §21.4507(c).
Adopted §21.4507(c)(1) relates to inpatient procedures and requires issuers to report the data separately for facility claims and
professional claims. Adopted §21.4507(c)(1)(A) - (C) describe
the data to report and adopted §21.4507(c)(1)(C)(i) - (xi) list the
services to include.
Adopted §21.4507(c)(2) relates to outpatient procedures and
requires issuers to report facility claims and professional
claims separately. Adopted §21.4507(c)(2)(A) - (C) describe
the data to report for outpatient procedures and adopted
§21.4507(c)(2)(C)(i) - (xix) list the services to include.
Adopted §21.4507(c)(3) relates to emergency services and requires issuers to report data on emergency room visits for professional claims for which the place of service is an emergency
room or outpatient hospital. Adopted §21.4507(c)(3)(A) - (E) describe the different kinds of emergency room visits to report.
Adopted §21.4507(c)(4) relates to imaging services and requires
issuers to report the data separately for facility claims and professional claims. Adopted §21.4507(c)(4)(A) - (C) describe the data
to report for imaging services, and adopted §21.4507(c)(4)(C)(i)
- (xxvi) list the services to include.
Adopted §21.4507(c)(5) relates to pathology services and requires issuers to report the data only for professional claims
for which the place of service is an independent lab. Adopted
§21.4507(c)(5)(A) - (B) describe the data to report, and adopted
§21.4507(c)(5)(B)(i) - (x) list the services to include.
Adopted §21.4507(c)(6) relates to office visits and requires
issuers to report data only for professional claims for which
the place of service is an office or rural health clinic. Adopted
§21.4507(c)(6)(A) - (C) describe the data to report for office
visits, and adopted §21.4507(c)(6)(B)(i) - (x) list the types of
office visits to include.
Adopted §21.4507(d) specifies that issuers must submit data
required in accordance with adopted §21.4507(d)(1) - (4).
Adopted §21.4507(d)(1) requires issuers to report data elements according to medical billing codes specified by TDI.
Adopted §21.4507(d)(2) requires issuers to separately report
data for insurance and HMO, and to exclude any HMO claims
paid through a capitation agreement. Adopted §21.4507(d)(3)
requires issuers to separately report data for in-network and
out-of-network claims. Adopted §21.4507(d)(4) requires that
issuers filter claims, and adopted §21.4507(d)(4)(A) - (D) describes the filters to apply.
SUMMARY OF COMMENTS AND AGENCY RESPONSE.
General Comment.
Comment: A commenter expressed concern regarding the
lack of consistency in referring to health care services and
recommended separately specifying "medical care," in order
to separately reference physician-only services where the
rules generally reference "health care services." This change
was recommended for §§21.4501(1), 21.4501(3), 21.4503(1),
21.4503(9), 21.4503(13), 21.4503(16), 21.4503(17), 21.4504,
and 21.4505(b).
Agency Response: TDI agrees with the recommendation
for consistency, but instead of the requested changes has
made nonsubstantive changes to §§21.4503(4), 21.4503(10),
21.4503(12), and 21.4505(b) to consistently use the term
"health care services." "Health care services" broadly includes
services provided by physicians, facilities, and other health care
practitioners so TDI declines to make a change to distinguish
physician-only services.
Comment on §21.4502(e).
Comment: One commenter expressed concern that the flexibility provided to allow issuers to report data for self-insured plans
could lead to an interpretation that the state has authority over
self-insured plans and recommends removing this subsection
from the rule text.
Agency Response: TDI agrees that the statutory authority
for this rule limits the applicability to plans included under
Insurance Code §38.353, and deletes both §21.4502(e) and
§21.4507(d)(4)(C) to remove reference to self-insured plans.
While the rule does not require issuers to report data for self-insured plans, in the interest of developing a strong data set that
reflects the Texas health care market, TDI will accept data for
self-insured plans from any entity that wishes to submit that
information. TDI will explain this flexibility in the data collection
instructions, instead of including it in the rule text.
Comment on §21.4503.
Comment: A commenter requested that TDI retain the definition
of "physician," which is deleted under the rule proposal.
Agency Response: TDI disagrees that this definition is necessary and declines to make the change.
Comment on §21.4503(1).
Comment: One commenter challenged the term "reimbursement" within the definition for "allowed amount," noting that
"reimbursement" implies the plan is making the patient whole,
and recommended instead using the term "payment," which
more accurately describes the potential for an allowed amount to
encompass cost-sharing for which the plan does not reimburse
the patient.
Agency Response: TDI agrees and revises the rule text to make
this change.
Comment on §21.4503(6).
Comment: A commenter questioned the proposed definition of
"freestanding emergency medical care facility," which tracks the
statutory definition in the Health and Safety Code, but which is
very broad. The commenter recommended that the term instead
be defined as a "freestanding emergency medical care facility
required to be licensed under Health and Safety Code Chapter
254."
Agency Response: TDI agrees that the definition as proposed
may be overly broad, and revises the definition as suggested.
The term "freestanding emergency medical care facility" is used
in §21.4507(c)(3) to make clear that data should not be limited to
claims for services provided in an emergency room that is physically attached to a hospital. Generally, issuers should provide
data based on the place of service indicated on the claim, and
existing place-of-service codes do not distinguish between freestanding and hospital-based emergency rooms.
Comment on §21.4503(10).
ADOPTED RULES
June 3, 2016
41 TexReg 4031
Comment: A commenter recommended a change to the definition of "in-network claims," to clarify that the provider must be
in-network "under the plan." The commenter also recommends
striking "contracted as an," from the definition, noting that some
providers may be contracted with the issuer, but out-of-network
for certain plans offered by the issuer.
Agency Response: TDI accepts the comment in part, and adds
the term, "under the plan," to the definition, while retaining "contracted as an." This makes clear that in-network claims are those
with which the provider is contracted as an in-network or preferred provider under the plan.
Comment on §21.4504.
Comment: One commenter recommended that the qualifier
"health care," be removed from the term "health care provider,"
since the defined term is simply "provider."
Agency Response: TDI accepts this comment, and for consistency, also strikes the term "health care" from §21.4503(16).
Comment on §21.4507(c)(2).
Comment: A commenter requested clarification on the types
of facilities considered to be a "freestanding clinic," under
§21.4507(c)(2).
Agency Response: Generally, the environment in which services
were provided is indicated by the standard codes used on claim
forms. For a facility claim, the bill code would indicate the facility type (clinic), and the bill classification (freestanding). A freestanding clinic is only an applicable service environment for facility claims for certain outpatient procedures. TDI deletes the
term "free standing clinic" from §21.4507(c)(2)(B), which references place-of-service codes for professional claims, because
there is not a place-of-service code for freestanding clinics.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE
PROPOSAL.
benefits for medical or surgical expenses incurred as a result of
an accident or sickness.
Section 1301.0042 provides that a provision of the Insurance
Code or another insurance law of this state that applies to a preferred provider benefit plan applies to an exclusive provider benefit plan except to the extent that the commissioner determines
the provision to be inconsistent with the function and purpose of
an exclusive provider benefit plan.
Section 843.002(9) provides that evidence of coverage means
any certificate, agreement, or contract, including a blended contract, that is issued to an enrollee and that states the coverage
to which the enrollee is entitled.
Section 38.353(e) permits the commissioner to exclude a type of
health benefit plan from the requirements of Subchapter H if the
commissioner finds that data collected in relation to the health
benefit plan would not be relevant to accomplishing the purposes
of the subchapter.
Section 38.354 grants the commissioner authority to adopt rules
as provided by Insurance Code Chapter 36, Subchapter A to
implement Subchapter H.
Section 38.355(a) requires each health benefit plan issuer to
submit aggregate reimbursement rates by region paid by the
health benefit plan issuer for health care services identified by
TDI, in the form and manner and at the time required by TDI. Section 38.355(b) requires that TDI establish a standardized format
by rule for the submission of the data submitted under the section
to permit comparison of health care reimbursement rates. The
section also requires TDI, to the extent feasible, to develop the
data submission requirements in a manner that allows collection
of reimbursement rates as a dollar amount and not by comparison to other standard reimbursement rates. Section 38.355(c)
requires TDI to specify the period for which reimbursement rates
must be filed.
Against: None.
Section 38.357 provides that the published information may not
reveal the name of any health care provider or health benefit plan
issuer and authorizes TDI to make the aggregate health care
reimbursement rate information available through TDI's website.
STATUTORY AUTHORITY. The amendments are adopted under Insurance Code §§38.351, 38.352, 1301.001, 1301.0042,
843.002, 38.353, 38.354, 38.355, 38.357, 38.358, and 36.001.
Section 38.358 provides that health plan issuers that fail to submit data as required are subject to an administrative penalty under Chapter 84.
Section 38.351 provides that the purpose of Subchapter H is to
authorize TDI to collect data concerning health benefit plan reimbursement rates in a uniform format; and disseminate, on an
aggregate basis for geographical regions in the state, information concerning health care reimbursement rates derived from
the data.
Section 36.001 authorizes the commissioner to adopt any rules
necessary and appropriate to implement the powers and duties
of TDI under the Insurance Code and other laws of this state.
For with Changes: The Texas Association of Health Plans and
the Texas Medical Association.
Section 38.352 provides that in Subchapter H, "group health
benefit plan" means a preferred provider benefit plan as defined
by §1301.001 or an evidence of coverage for a health care plan
that provides basic health care services as defined by §843.002.
Section 1301.001 provides at paragraph (9) that preferred
provider benefit plan means a benefit plan in which an insurer
provides, through its health insurance policy, for the payment
of a level of coverage that is different from the basic level of
coverage provided by the health insurance policy if the insured
person uses a preferred provider. Section 1301.001 provides
at paragraph (2) that health insurance policy means a group
or individual insurance policy, certificate, or contract providing
41 TexReg 4032
June 3, 2016
Texas Register
§21.4501. Purpose.
The purpose of this subchapter is to:
(1) prescribe the data collection and submission requirements for the submission of data related to health care reimbursement
rates by health benefit plan issuers;
(2) specify the definitions necessary to implement Insurance Code Chapter 38, Subchapter H; and
(3) facilitate TDI's publication of aggregate health care reimbursement rate information derived from the data collected under
this subchapter.
§21.4502. Applicability.
(a) This subchapter applies to the issuer of an applicable health
benefit plan as defined in §21.4503 of this title and as provided by Insurance Code §38.353(a):
(1)
an insurance company;
(2)
a group hospital service corporation;
(3)
a fraternal benefit society;
(4) a stipulated premium company;
(5)
a reciprocal or interinsurance exchange; and
(6)
a health maintenance organization (HMO).
(b) As provided in Insurance Code §38.353(b), and notwithstanding any provision in Insurance Code Chapters 1551, 1575, 1579,
or 1601 or any other law, this subchapter applies to:
(1)
a basic coverage plan under Insurance Code Chapter
(2)
a basic plan under Insurance Code Chapter 1575;
1551;
(3) a primary care coverage plan under Insurance Code
Chapter 1579; and
(4)
(c)
apply to:
basic coverage under Insurance Code Chapter 1601.
Under Insurance Code §38.353(d), this subchapter does not
(1) standard health benefit plans provided under Insurance
Code Chapter 1507;
(2) childrens' health benefit plans provided under Insurance
Code Chapter 1502;
(3) health care benefits provided under a workers' compensation insurance policy;
(4) Medicaid managed care programs operated under Government Code Chapter 533;
(5) Medicaid programs operated under Human Resources
Code Chapter 32; or
(6) the state child health plan operated under Health and
Safety Code Chapters 62 or 63.
(d) Notwithstanding subsection (c)(1) of this section, an applicable health benefit plan issuer is not prohibited from electively including data concerning reimbursement rates for standard health benefit plans provided under Insurance Code Chapter 1507 in its submission
of the report required in §21.4506 of this title for purposes of administrative convenience. Data from all other plans identified in subsection
(c) of this section must be excluded from the report.
(e) An applicable health benefit plan issuer with fewer than
20,000 covered lives in comprehensive health coverage as reported on
Part 1 of the National Association of Insurance Commissioners Supplemental Health Care Exhibit as of the end of the applicable reporting
period is not required to submit a report under §21.4506.
(f)
Under §38.353(e), this subchapter does not apply to:
(1) a Medicare supplemental policy as defined by
§1882(g)(1), Social Security Act (42 U.S.C. §1395ss); or
(2) a Medicare Advantage plan offered under a contract
with the federal Centers for Medicare and Medicaid Services.
§21.4503.
Definitions.
The following words and terms when used in this subchapter have the
following meanings unless the context clearly indicates otherwise:
(1) Allowed amount--The amount that the applicable
health benefit plan issuer allows as payment for a health care service or
group of services, including amounts for which a patient is responsible
due to deductibles, copayments, or coinsurance.
(2) Ambulatory surgical center--A facility licensed under
Health and Safety Code Chapter 243.
(3) Applicable health benefit plan--A group health benefit
plan as specified in Insurance Code §38.352 and §38.353, which
is a preferred provider benefit plan as defined by Insurance Code
§1301.001, including an exclusive provider benefit plan consistent
with Insurance Code §1301.0042, or an evidence of coverage for a
health care plan that provides basic health care services as defined
by Insurance Code §843.002, or a state employee health plan under
Insurance Code Chapters 1551, 1575, 1579, and 1601. The term does
not include an HMO plan providing routine dental or vision services
as a single health care service plan or a preferred provider benefit plan
providing routine vision services as a single health care service plan.
(4) Billed amount--The amount charged for health care services on a claim submitted by a provider.
(5) Facility claims--Any claim for health care services provided by a facility as defined in §3.3702 of this title.
(6) Freestanding emergency medical care facility--A freestanding emergency medical care facility required to be licensed under
Health and Safety Code Chapter 254.
(7) Geographic region--A three-digit ZIP code representing the collection of ZIP codes that share the same first three digits.
For purposes of data submitted under this subchapter, a geographic region must be located in Texas, in full or in part.
(8) Imaging claims--Claims for radiological services furnished in a provider office, outpatient hospital, or other outpatient environment.
(9) Inpatient procedure claims--Claims for health care services furnished in a hospital, as defined by Insurance Code §1301.001,
to a patient who is formally admitted.
(10) In-network claims--Claims filed with an applicable
health benefit plan for health care treatment, services, or supplies
furnished by a provider contracted as an in-network or preferred
provider under the plan.
(11) Medical billing codes--Standard code sets used to
bill for specific medical services, including the Healthcare Common
Procedure Coding System (HCPCS) and Diagnosis-Related Group
(DRG) system established by the Centers for Medicare and Medicaid
Services (CMS), the Current Procedural Terminology (CPT) code set
maintained by the American Medical Association, and the International Classification of Diseases (ICD) code sets developed by the
World Health Organization.
(12) Out-of-network claims--Claims filed with an applicable health benefit plan for health care treatment, services, or supplies
furnished by a provider that is not an in-network provider or preferred
provider under the plan. Claims paid on an out-of-network basis are
considered out-of-network regardless of whether the provider is reimbursed based on an agreed on rate.
(13) Outpatient facility procedure claims--Claims for
health care services furnished in an ambulatory surgical center or a
hospital, as defined by Insurance Code §1301.001, to a patient who is
not formally admitted.
(14) Place-of-service code--A health care claim code
where "place of service" refers to the type of entity where services
were rendered, as specified by a two-digit place-of-service code on a
professional health care claim consistent with the ASC X12N standard
ADOPTED RULES
June 3, 2016
41 TexReg 4033
for electronic transactions. Place-of-service codes are maintained by
CMS.
(15)
(3) NAIC number, issued to the company by the National
Association of Insurance Commissioners;
Primary plan--As defined in paragraph (17) of this sec-
tion.
(16) Professional claims--Any claim for health care services provided by a physician or provider that is not an institutional
provider, as defined in Insurance Code §1301.001.
(17) Provider--Any physician, practitioner, institutional
provider, or other person or organization that furnishes health care
services and is licensed or otherwise authorized to practice in this state.
(18) Reporting period--The 12-month interval of time for
which a plan or applicable health benefit plan issuer must submit data
each year, beginning each January 1 and ending the following December 31.
(19) TDI--Texas Department of Insurance.
§21.4504. Geographic Regions.
Issuers must report data collected under this subchapter according to
the three-digit ZIP code in which the health care service was provided.
Publication of health care reimbursement rate information derived from
the data collected under this subchapter may be aggregated by TDI
across broader geographic regions if necessary to ensure, consistent
with Insurance Code §38.357, that the published information does not
reveal the name of any provider or health benefit plan issuer.
§21.4505. Requirement to Collect Data.
(a) Each applicable health benefit plan issuer and plan specified in §21.4502(a) and (b) of this title must annually collect the data
specified under §21.4507 of this title and prepare and file data as provided.
(b) Data elements and health care services specified under
§21.4507(b) and (c) of this title must be collected with respect to
medical billing codes specified by TDI. The current set of medical
billing codes will be available to issuers in a Microsoft Excel template
on TDI's website at www.tdi.texas.gov/health/reimbursement.html. If
there are changes in standard medical practice or medical billing codes
that necessitate changing the identified billing codes for the services
specified in §21.4507(c) of this title, the billing codes on TDI's website
will be updated and affected carriers notified, but in no event will these
updates occur more often than annually or less than six months before
the May 1 reporting deadline.
§21.4506. Submission of Report.
(a) Not later than May 1 of each year, each plan and applicable
health benefit plan issuer identified in §21.4502(a) and (b) of this title,
or the plan or issuer's authorized agent must submit to TDI the data
required under §21.4507 of this title.
(b) The data filed under this section is required to be filed electronically as a Microsoft Excel form and emailed to TDI at ReimbursementRates@tdi.texas.gov, or uploaded by secure File Transfer Protocol
(FTP).
(4) TDI company number;
(5) contact information for the person designated to discuss
the report with TDI staff, including name, telephone number, and email
address;
(6) an indication of whether the report is for insurance business or HMO business, consistent with subsection (d) of this section,
or "NA" for reports limited to self-insured business;
(7) an indication of whether the report includes data on
self-insured business, including data for certain governmental plans required to report under Insurance Code Chapter 38, Subchapter H; and
(8) a certification that the information provided is a full and
true statement of the data required under this subchapter.
(b) Applicable health benefit plans must submit the following
data, for in-network and out-of-network claims, for each geographic
region, as defined by §21.4503 of this title, for each service identified
in subsection (c) of this section, with data columns reported in the following order:
(1) network status of the claims data, using "IN" to indicate
in-network claims and "OON" to indicate out-of-network claims;
(2) geographic region of the claims data, using the threedigit ZIP code to indicate the applicable region;
(3) total number of unique claim identifiers for all claim
types;
(4) for inpatient procedure facility claims, the total number
of discharges;
(5) total amount billed;
(6) total amount allowed;
(7) mean amount billed;
(8) mean amount allowed;
(9) median amount billed;
(10) median amount allowed;
(11) maximum amount billed;
(12) maximum amount allowed;
(13) minimum amount billed;
(14) minimum amount allowed;
(15) lower quartile amount billed, representing the 25th
percentile of all amounts billed;
(16) lower quartile amount allowed, representing the 25th
percentile of all amounts allowed;
(17) upper quartile amount billed, representing the 75th
percentile of all amounts billed; and
(c) Issuers may meet the requirements of this subchapter by
submitting data using the Microsoft Excel template available on TDI's
website at www.tdi.texas.gov/health/reimbursement.html.
(18) upper quartile amount allowed, representing the 75
percentile of all amounts allowed.
§21.4507. Data Required.
(a) Applicable health benefit plans must include the following
information as a cover page to each report:
(c) Data elements identified in subsection (b) of this section
must be reported in the specified manner for each category of services
in this subsection.
(1)
reporting period;
(2)
company or plan name;
41 TexReg 4034
June 3, 2016
(1) Inpatient procedures. Data on inpatient procedure
claims must be reported separately for facility claims and professional
claims.
Texas Register
(A) Facility claims data must be grouped by discharge
and only include claims that occurred in an inpatient hospital.
(B) Professional claims data must be reported separately for surgical claims, radiology claims, pathology claims, and
anesthesia claims, as applicable, and only include claims for which the
place-of-service code indicates inpatient hospital.
(C) Inpatient procedure claims data must be reported
for the full cost of any claim, or the full cost of any discharge for facility claims, for the following services, using the medical billing codes
specified by TDI consistent with §21.4505(b) of this title:
(i)
cesarean section delivery;
(ii) vaginal delivery;
(iii)
hysterectomy;
(iv)
hip replacement;
(v)
knee replacement;
(vi)
coronary artery bypass grafting;
(vii)
back surgery - laminectomy;
(viii)
inguinal hernia repair, unilateral;
(ix)
inguinal hernia repair, bilateral;
(x)
laparoscopic cholecystectomy; and
(xi)
appendectomy.
(2) Outpatient procedures. Data on outpatient facility procedure claims must be reported separately for facility claims and professional claims.
(A) Facility claims data must be reported separately for
outpatient procedures that occurred in an outpatient hospital and those
that occurred in an ambulatory surgical center or freestanding clinic.
(B) Professional claims data must only include claims
for which the place-of-service code indicates outpatient hospital or ambulatory surgical center, and be reported separately for surgical claims,
radiology claims, pathology claims, and anesthesia claims, as applicable.
(C) Data on outpatient procedure facility claims must
be reported for the full cost of any claim for the following services,
using the medical billing codes specified by TDI, consistent with
§21.4505(b) of this title:
(i)
back surgery - laminectomy
(ii)
inguinal hernia repair, unilateral;
(iii)
inguinal hernia repair, bilateral;
(iv)
laparoscopic cholecystectomy;
(v)
appendectomy;
(vi)
tonsillectomy;
(vii)
adenoidectomy;
(viii)
tonsillectomy and adenoidectomy;
(ix)
tympanostomy;
(x)
colonoscopy;
(xi)
upper GI endoscopy;
(xii)
upper and lower GI endoscopy;
(xiii)
bunion repair;
(xiv)
ACL repair;
(xv)
rotator cuff repair;
(xvi)
cardiac catheterization, left;
(xvii)
cardiac catheterization, right;
(xviii)
cardiac catheterization, left and right; and
(xix)
percutaneous transluminal coronary angio-
plasty.
(3) Emergency services. Data on emergency room visits
must be reported only for professional claims for which the place of service is an emergency room or outpatient hospital. An emergency room
includes both a hospital emergency room and a freestanding emergency
medical care facility. Data must be reported at the claim-line level for
the following types of emergency room visits, using the medical billing
codes specified by TDI, consistent with §21.4505(b) of this title:
(A)
emergency department visit, self-limited or minor
problem;
(B) emergency department visit, low to moderately severe problem;
(C) emergency department visit, moderately severe
problem;
(D)
emergency department visit, problem of high sever-
ity; and
(E) emergency department visit, problem with significant threat to life or function.
(4) Imaging services. Data on imaging services must be
reported separately for facility claims and professional claims.
(A) Facility claims must include only claims that occurred in an outpatient hospital, and for which units of service equal
one.
(B) Professional claims must be reported only for
claims for which units of service equal one. Data must be reported
separately for claims billed with CPT code modifiers for the professional component (26), technical component (TC), and a missing or
null modifier. Data must be reported separately by place-of-service
code:
(i)
outpatient hospital;
(ii)
office; and
(iii) all other place-of-service codes, excluding office, inpatient hospital, outpatient hospital, and emergency room.
(C) Data must be reported at the claim-line level for the
following imaging services, using the medical billing codes specified
by TDI, consistent with §21.4505(b) of this title:
(i)
CT abdomen and pelvis;
(ii)
CT scan abdomen;
(iii)
CT scan pelvis;
(iv)
CT scan head/brain;
(v)
CT scan mouth, jaw, and neck;
(vi)
CT scan soft tissue neck;
(vii)
CT scan chest;
(viii)
(ix)
CT scan lumbar lower spine;
CT scan lower extremity;
ADOPTED RULES
June 3, 2016
41 TexReg 4035
(x)
MRI brain;
(xi) MRI head, orbit/face/neck;
(xii)
(ii) office or other outpatient visit with an established patient, by time or complexity;
(iii)
MRI angiography head;
(iv) preventive medicine evaluation and management, new patient, by age group;
(xiii) MRI neck spine;
(xiv)
MRI spine;
(xv)
MRI lumbar spine;
(xvi)
MRI lower limb;
(v) preventive medicine evaluation and management, established patient, by age group;
(xvii) MRI upper limb, other than joint;
(xviii) MRI lower limb with joint;
(xix)
MRI abdomen;
(xxi)
MRI one breast;
(xxiii) MRI pelvis;
(xxiv)
mammogram, analog;
(xxv)
mammogram with CAD; and
(xxvi)
mammogram, digital.
(5) Pathology services. Data on pathology services must
be reported only for professional claims for which the place of service
is an independent lab.
(A) Data must be reported at the claim-line level and
averaged to reflect the cost per unit of service.
(B) Data must be reported for the following pathology
services, using the medical billing codes consistent with §21.4505(b)
of this title:
(i) organ or disease panels;
(ii) evocative suppression testing;
(iii) urinalysis;
(iv)
chemistry;
(v)
hematology-coagulation;
(vi)
immunology;
annual gynecological exam, established pa-
(viii)
screening pelvic and breast exam;
(ix)
screening pap smear; and
(x)
cytopathology for pap smear.
(d) In reporting data required under this section, issuers must:
(1) report data elements according to medical billing codes
specified by §21.4505(b) of this title;
(2) separately report data for insurance and HMO and exclude any HMO claims paid through a capitation agreement;
(3) separately report data for in-network and out-of-network claims; and
(4)
filter claims data to include only:
(A) claims incurred during the 12-month reporting period. For the 2015 reporting period, limit data for inpatient procedure
claims and outpatient procedure claims to claims incurred before October 1, 2015, or the date on which the issuer transitioned billing systems
to use ICD-10 procedure codes;
(B) claims for which adjudication is final; exclude
pending or denied claims;
(C) claims for which the issuer is the primary plan responsible for payment; exclude claims for which issuer is the secondary
plan; and
(D)
(vii) microbiology;
(viii) anatomic pathology;
(ix)
screening cytopathology; and
(x)
complete blood count.
claims with an allowed amount greater than zero.
(6) Office visits. Data on office visits must be reported only
for professional claims for which the place of service is an office or
rural health clinic.
(A) For data elements listed in subparagraph (B) of this
paragraph, data must be reported at the claim-line level and averaged
to reflect the cost per unit of service.
(B) Data must be reported for the following types of office visits, using the medical billing codes consistent with §21.4505(b)
of this title:
(i) office or other outpatient visit with a new patient,
by time or complexity;
June 3, 2016
annual gynecological exam, new patient;
(C) Data must be reported for well-woman exams so
that all costs associated with a claim are reported with respect to the
medical billing consistent with §21.4505(b) of this title.
(xxii) MRI both breasts;
41 TexReg 4036
(vi)
(vii)
tient;
MRI upper limb with joint;
(xx)
office consultation, by time or complexity;
Texas Register
TRD-201602386
Norma Garcia
General Counsel
Texas Department of Insurance
♦
♦
♦
CHAPTER 34. STATE FIRE MARSHAL
SUBCHAPTER B. FIRE SUPPRESSION
RATINGS OVERSIGHT
28 TAC §§34.201 - 34.204
The Texas Department of Insurance adopts new 28 TAC Chapter
34, Subchapter B, §§34.201 - 34.204, relating to oversight of
fire suppression ratings. The new sections are adopted without
changes to the proposed text published in the March 18, 2016,
issue of the Texas Register (41 TexReg 2087).
REASONED JUSTIFICATION. These new sections are necessary to implement Government Code §417.0083 and to specify
by rule the state fire marshal's procedures to perform oversight
of fire suppression ratings as directed by the commissioner.
Section 34.201 specifies that the applicability of the subchapter is for an advisory organization or other filer that determines
a fire rating based on a fire suppression and mitigation grading
schedule. The filing of a fire suppression and mitigation grading
schedule is a filing that a filer must make in accordance with Insurance Code Chapter 2251, and is not the subject of this subchapter. ISO has filed a fire suppression and mitigation rating
schedule. Other advisory organizations or insurers could enter
the marketplace to provide fire ratings. The adopted subchapter
applies to all fire suppression and mitigation grading schedules
where a filer recommends a fire rating.
Section 34.202 defines certain terms used in the subchapter.
Section 34.203 specifies the process for submission of fire ratings, how the fire rating will be verified, the approval or disapproval of the fire rating, and appeals procedures. The section
includes a 30-day deemer provision so that inaction does not delay the approval of otherwise compliant fire ratings. The review
period can be extended if the filer agrees. The procedures are
adopted in accordance with the authority to establish summary
procedures for routine matters under Insurance Code §36.102.
Section 32.204 specifies the process for the appeal of a community fire-rating determination. The procedures are adopted in
accordance with Insurance Code §36.103, concerning Review
of Action on a Routine Matter.
SUMMARY OF COMMENTS.
TDI did not receive any comments on the proposed sections.
STATUTORY AUTHORITY. The new sections are adopted under Government Code §417.0083 and §417.005, and Insurance
Code §§2003.003, 2003.004, 36.102, 36.103, and 36.001.
Government Code §417.0083 provides that the state fire marshal must perform duties as directed by the commissioner relating to TDI's fire suppression ratings schedule.
Government Code §417.005 provides that the commissioner
may adopt necessary rules to guide the state fire marshal in the
performance of duties for the commissioner.
Insurance Code §2003.003 provides that the commissioner may
give a locality, municipality, or other political subdivision credit
for the reduction of fire hazards, for improvements that tend to
reduce fire hazards, and for a good fire record.
require an insurer to give credit to a policyholder for the reduction
of fire hazards through a policyholder credit.
Insurance Code §36.102 provides that TDI may create a summary procedure for routine matters if the activity is voluminous,
repetitive, believed to be noncontroversial, and of limited interest to anyone other than persons involved in or affected by the
adopted TDI action.
adopt rules relating to an application for review of a routine matter taken under a summary procedure adopted under Insurance
Code §36.102.
adopt any rules necessary and appropriate to implement the
powers and duties of TDI under the Insurance Code and other
laws of this state.
TRD-201602387
Norma Garcia
General Counsel
Texas Department of Insurance
♦
♦
♦
TITLE 31. NATURAL RESOURCES AND
CONSERVATION
PART 2. TEXAS PARKS AND
WILDLIFE DEPARTMENT
CHAPTER 65. WILDLIFE
SUBCHAPTER F. PERMITS FOR AERIAL
MANAGEMENT OF WILDLIFE AND EXOTIC
SPECIES
The Texas Parks and Wildlife Commission in a duly noticed
meeting on January 21, 2016 adopted the repeal of §§65.156
- 65.159 and amendments to §§65.151 - 65.154, 65.160, and
65.161, concerning Permits for Aerial Management of Wildlife
and Exotic Species. Sections 65.151, 65.152, 65.154, and
65.160 are adopted with changes to the proposed text as
published in the December 18, 2015, issue of the Texas Register (40 TexReg 9091). The repeals and the amendments to
§65.153 and §65.161 are adopted without changes and will not
be republished.
The change to §65.151, concerning Definitions, adds the
definition of "aircraft" established by Parks and Wildlife Code,
§43.103. The change is necessary for purposes of clarity
and is nonsubstantive. The change to §65.151 also alters the
definition of "observer" in paragraph (9) by removing the clause
"Landowner, Agent, or Subagent" and replacing it with "person
other than a pilot or gunner" in order to clarify that an observer
need not be a landowner, agent, or subagent, and removes
a reference to "observer" from the definition of "Subagent" in
paragraph (12) for reasons addressed in the discussion of the
change to §65.154, concerning Issuance of Permit. The change
to §65.151 also capitalizes the terms "agent," "subagent," and
"landowner." The change is necessary to clearly distinguish the
meanings of those words in order to identify those as defined
terms and prevent confusion, as their specialized meanings
in the context of the subchapter may differ from a generic or
ADOPTED RULES
June 3, 2016
41 TexReg 4037
denotational understanding. The change is made throughout
the rules as adopted.
and clarifying regulatory language to enhance compliance and
enforcement.
The change to §65.152, concerning General Rules, makes nonsubstantive changes to subsections (a), (c), (d), and (g). In subsection (a), the final sentence as proposed read, "The AMP shall
be carried in aircraft when performing management by the use
of aircraft." The change would replace that sentence with the following, "The AMP must be carried in an aircraft when the aircraft
is engaged in activities authorized by the AMP." The change is
intended to improve clarity. The change to subsection (c) would
insert language to stipulate that the written contract required between a permit holder and a landowner or agent must be signed
by the landowner or agent, and removes the term "observer."
The change is intended to emphasize that the written contract
must be signed, and for the reasons discussed in the change to
§65.154(g) relating to the removal of observers from the applicability of that subsection. The change to subsection (d) alters
paragraph (11) to clarify that the AMP authorizes permit activities only on the lands specified in the LOA. The change also adds
language to clarify that a pilot may overfly land that the pilot does
not possess written permission to overfly "following the conclusion" of AMP activities, rather than "following AMP activities."
The changes are intended to facilitate compliance and enforcement. The change to subsection (g) would insert the phrase "by
or with the approval of the landowner or agent" to qualify the conditions under which the department would not approve an LOA
for the take of feral hogs. The change is necessary in order to
provide for the scenario in which someone who has purchased a
tract of land where feral hogs were released by a previous owner
subsequently desires to control feral hogs by the use of aircraft.
Under federal law (16 U.S.C. §742j-1, commonly referred as the
Airborne Hunting Act, or AHA) it is unlawful to shoot or attempt
to shoot or intentionally harass any bird, fish, or other animal
from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human health. Under Parks
and Wildlife Code, §43.109, the Parks and Wildlife Commission
(Commission) is authorized to promulgate regulations governing
the management of wildlife by the use of aircraft.
The change to §65.154 alters subsections (a) - (d) and (h) as
proposed. The change eliminates subsection (a) as proposed.
Subsection (a) as proposed allowed the department to issue a
permit to an individual. By adding a reference to "an individual"
in the provisions of proposed subsection (b) (which is adopted
as new subsection (a)), subsection (a) as proposed can be removed entirely. The change also necessitates the redesignation
of the other subsections in the section. The change to proposed
subsection (c) (adopted as subsection (b)) removes a reference
to "partnership or corporation." The current rule authorizes the
issuance of permits to partnerships and corporations in addition
to individuals. The proposed amendment restricted the issuance
of permits to named individuals only; however, the reference
to partnerships and corporations in proposed subsection (c)(1)
(adopted as subsection (b)(1)) was inadvertently missed. The
change to proposed subsection (d) (adopted as subsection (c))
inserts language to clarify that an amendment to a permit must
be made by the department. The change to proposed subsection (h) (adopted as subsection (g)) removes "observer" from the
provisions of the subsection. The Commission determined that
because the intent of the rule is to prevent persons with a history of violating wildlife law from directly engaging in permitted
activities it is unnecessary to prohibit such persons from acting
as observers.
The change to §65.160, concerning Landowner Authorization
(LOA), inserts the word "proposed" in subsection (a) to prevent
the expectation that any and all activities will be approved by the
department.
The repeals and amendments are generally intended to provide greater administrative efficiencies by removing obsolete or
unnecessary provisions, streamlining administrative processes,
41 TexReg 4038
June 3, 2016
Texas Register
The repeal of §65.156, concerning Amendment of Permit, is
necessary because the provisions governing the amendment
of an aerial management permit (AMP) are addressed in the
amendment to §65.154(c). Similarly, the repeal of §65.157,
concerning Renewal of Permit, is necessary because the provisions for renewal of an AMP are addressed in the amendment
to §65.154(a), (b), and (d) - (g).
The repeal of §65.158, concerning Permit Not Transferable, is
necessary to incorporate the contents of that section into new
§65.154(h), which provides that an AMP is not transferable or
assignable.
The repeal of §65.159, concerning Permit Fee, is necessary because the fee requirement is incorporated in the amendment to
§65.154(a).
The amendments make several changes repeatedly throughout
the rules, as follows.
The word "hunt" is replaced with the word "take" throughout the
rules, except in instances in which "hunt" is required by statute
or refers to an activity that is prohibited. Under both state and
federal law it is unlawful to hunt for recreational purposes from
an aircraft; therefore, the use of the word "take" is technically
more accurate when referring to the activities authorized by a
permit issued under the subchapter. As noted elsewhere in this
preamble, in describing the amendment to §65.152(d)(1), the
term "take" is defined in Parks and Wildlife Code, §1.101(5), and
includes the attempt to take.
The amendments also create a shorthand term ("aerial management permit" or "AMP") to be used in place of the lengthier "permit to manage wildlife or exotic animals by use of wildlife" or
generic "permit."
The amendment to §65.151, concerning Definitions, consists of
several components.
The amendment as adopted eliminates current §65.151(3),
which is the definition for "convicted." Because the amendment
to §65.154 adds new subsection (d) to establish the bases upon
which the department may refuse to issue or renew a permit,
the current definition of "convicted" is unnecessary.
The amendment to §65.151 adds new paragraph (5) to provide
the acronym for the Federal Aviation Administration, which is
the federal agency with aviation oversight. The amendment is
intended to provide a convenient shorthand reference in order
to avoid repeating a lengthier term.
The amendment to §65.151 alters current paragraph (5) to clarify that a gunner can be a landowner, agent, or subagent. The
current definition does not precisely identify who is included in
the definition of "a gunner" under an AMP. The amendment is
intended to provide specificity in order to avoid confusion.
The amendment to §65.151 also alters current paragraph (6)
to accommodate a change in terminology created by new
paragraph (8) to refer to the landowner's authorized agent.
The amendment also adds an acronym for the landowner's
authorization (LOA) for ease of reference.
The amendment to §65.151 adds new paragraph (8) to define
"landowner's authorized agent (agent)" as "a person authorized
by a landowner to act on behalf of the landowner." The amendment is intended to provide an absolute standard that is not subject to equivocation, which is necessary to avoid confusion.
The amendment to §65.151 would have defined "observer" as
"a Landowner, Agent, or Subagent who is on board an aircraft
while wildlife or exotic animals are being counted, photographed,
relocated, captured, or taken." The department has determined
that the amendment as proposed could be misconstrued as a
requirement for an observer to be a landowner, agent, or subagent, which is not the case. Therefore, as adopted, the definition of "observer" would be "any person other than a pilot or
gunner who is on board an aircraft during AMP activities."
The amendment to §65.151 eliminates current paragraph (8),
which defines the term "on file." The amendments individually
address situations in which the department requires certain information to have been submitted to the department, which makes
the current definition unnecessary.
The amendment to §65.151 eliminates current paragraph (9),
which defines the term "permit." The amendments replace the
generic term "permit" with the specific acronym AMP (aerial management permit) throughout the rules.
The amendment alters paragraph (10) to eliminate a tautology
(using "pilot" to define the term "pilot") and to clarify that the word
"pilot" includes co-pilots.
The amendment to §65.151 alters paragraph (11) to define "qualified landowner, agent, or subagent." Parks and Wildlife Code,
§43.1075, provides that "a qualified landowner or landowner's
agent, as determined by commission rule, may contract to participate as a hunter or observer in using a helicopter to take depredating feral hogs or coyotes under the authority of a permit issued under this subchapter." The current definition establishes a
standard, based on a person's criminal history with respect to violations of wildlife law, to determine whether that person is qualified to act as a gunner. As noted previously, the amendment to
§65.154 added new subsection (e) to enumerate the bases upon
which a person not be authorized to act as a gunner; therefore,
"qualified landowner, agent, or subagent" is defined as "a person who is not prohibited from obtaining a permit or acting as a
gunner under the provisions of §65.154(d) of this title (relating to
Issuance of Permit; Amendment and Renewal)."
The amendment to §65.151 also adds new paragraph (12) to
define "subagent" as "a person designated by an agent to act
as a gunner or observer for the purpose of taking feral hogs or
coyotes." The amendment to §65.152(c) allows subagents to be
designated for the purpose of taking feral hogs and coyotes from
helicopters. As a result, the term is used throughout the rules;
therefore, the term must be defined.
The amendment to §65.152, concerning General Rules, also
consist of several components.
The amendment to §65.152(a) clarifies that a person with an
AMP is authorized to conduct AMP activities on the specific tract
or tracts of land authorized by the LOA. Under the current rule,
a permit holder "is authorized to engage in the management of
wildlife and exotic animals by the use of aircraft only on land
named in the landowner's authorization." The rules are intended
to ensure specificity in the description of the land on which AMP
activities are to be undertaken. The department has determined
that the current language could be misunderstood as allowing
less specificity; therefore, the rule as adopted states that a permit
holder is authorized to engage in the management of wildlife and
exotic animals by the use of aircraft "only on the specific tract(s)
of land specified in the LOA."
The amendment to §65.152(b) alters language regarding the
flight log required under the subchapter. Under the current rule,
the pilot of an aircraft used for aerial management must "maintain a daily flight log and report." The department has determined
that the current language could be misunderstood to mean that
daily flight logs could be created at the end of the reporting period. However, the department's intent is that the daily flight log
be maintained on a daily basis; therefore, the rule as adopted
states that the pilot of an aircraft used for aerial management
must "maintain, on a daily basis, a flight log and report."
The amendment to §65.152(c) adds "subagent" to the list of persons that may be contracted with by an AMP holder for the taking
of feral hogs and coyotes from a helicopter, specifies that such
contracts be in writing, and requires that the department-approved subagent authorization form be properly executed and in
the possession of the subagent during all AMP activities in which
the subagent participates. Parks and Wildlife Code, §43.1075,
provides that "a qualified landowner or landowner's agent, as
determined by commission rule, may contract to participate as
a hunter or observer in using a helicopter to take depredating
feral hogs or coyotes under the authority of a permit issued under this subchapter." As noted previously in the discussion of the
amendments to §65.151, the amendment to §65.152(c) allows
subagents to be designated for the purpose of taking feral hogs
and coyotes from helicopters. The department believes that it is
in the best interests of all concerned that any contracts between
landowners, agents, and subagents for the take of feral hogs and
coyotes from helicopters be in writing and in the possession of
the subagent when participating in AMP activities.
The amendment to §65.152(d) provides several clarifications.
Current §65.152(d) consists of a list of specific actions that are
offenses under the subchapter if committed by "a person." In the
interests of clarity, the amendment as adopted stipulates that
the word "person" includes a pilot, applicant, gunner, observer,
or subagent.
Current §65.152(d)(1) provides that it is in offense to "hunt,
shoot, shoot at, kill or attempt to kill" wildlife or exotic wildlife
other than as authorized under a permit or LOA." Under Parks
and Wildlife Code, §43.103(5), "management by the use of
aircraft" is defined as "counting, photographing, relocating,
capturing, or hunting by the use of aircraft." The amendment
re-words the current regulatory provision to make it consistent
with the statutory provision, adding "take" and including "attempt
to count, photograph, relocate, capture, hunt, or take." Under
Parks and Wildlife Code, §1.101, "hunt" is defined as "capture,
trap, take, or kill, or an attempt to capture, trap, take, or kill" and
"take" is defined as "collect, hook, hunt, net, shoot, or snare,
by any means or device, and includes an attempt to take or to
pursue in order to take." The department has determined that
given the many different actions and attempted actions that can
be construed as hunting or taking, it is prudent to make sure that
all of them are explicitly cited in regulation. The same alteration
ADOPTED RULES
June 3, 2016
41 TexReg 4039
is made in the amendment to subsection (d)(9) for the same
rationale.
of fees for other governmental entities, the department believes
it enhances the efficiency of those entities.
The amendment to §65.152(d)(2) eliminates the phrase "disturbs, hazes, or buzzes" because the word "harasses" includes
those actions. Specifically, "harass" is defined in Parks and
Wildlife Code, §43.103(4) to include "disturb, worry, molest,
harry, torment, rally, concentrate, drive, or herd."
The amendment to §65.152 also adds new subsection (g) to prohibit the take of feral hogs by aircraft if the feral hogs were intentionally released for purposes of hunting. Feral hogs are an
unequivocal menace to agriculture and wildlife, causing untold
destruction and requiring extensive control efforts. The department is aware of instances in which hogs have been released
for purposes of recreational hunting and does not believe that
control of hogs from aircraft under the guise of feral hog control
should be permitted by a landowner or agent who has released
hogs for purposes of recreational hunting.
The amendment eliminates current §65.152(d)(3). As noted previously in this preamble, the amendment to §65.154 adds new
subsection (d) to establish the bases upon which the department
could refuse to issue or renew a permit, which makes current
§65.152(d)(3) unnecessary.
The amendment adds new §65.152(d)(3) to clarify that it is an
offense for a person to take any wildlife or exotic animal without having on his or her person a valid hunting license. Under
Parks and Wildlife Code, §42.002(c) and §42.005(f), a hunting
license is not required for the take of depredating feral hogs. Under Health and Safety Code, §822.013, a person who kills a coyote that is attacking, is about to attack, or has recently attacked
livestock, domestic animals, or fowls is not required to acquire a
hunting license.
The amendment to §65.152(d)(5) adds "subagent" to the list of
persons to whom the provision is applicable. As noted previously, the amendments allow the designation of subagents to
act as gunners for the take of feral hogs and coyotes from helicopters; thus, the term must be added to all provisions affecting
gunners.
The amendment also alters §65.152(d)(6). The current wording of §65.152(d)(6) makes it an offense to "take or attempt to
take any wildlife or exotic animals for any purpose other than is
necessary for the protection of lands, water, wildlife, livestock,
domesticated animals, human life, or crops...." The amendment
adds "aid in the administration" and re-words the provision to
read "takes or attempts to take any wildlife or exotic animals for
any purpose other than is necessary to protect or to aid in the administration of lands, water, wildlife, livestock, domesticated animals, human life, or crops...." Under Parks and Wildlife Code,
§43.194, the department may "issue a permit to any person if
the department finds that management of wildlife or exotic animals by the use of aircraft is necessary to protect or to aid in
the administration or protection of land, water, wildlife, livestock,
domesticated animals, human life, or crops and will not have
a deleterious effect on indigenous species." The amendment is
necessary to be consistent with statutory language.
The amendment to §65.152(d) also includes new paragraph
(11), which makes it an offense for a person engaging in AMP
activities to pilot an aircraft over property for which the person
has not received written permission to overfly, except as is
necessary to gain initial access to conduct AMP activities and to
leave following AMP activities. The amendment is intended to
clarify that the LOA is valid only for the specific tract(s) of land
identified in the LOA.
The amendment to §65.152(d) also includes new paragraph (12)
to clarify that the list of offenses in subsection (d) is not exhaustive or all-inclusive.
The amendment to §65.152 also adds new subsection (f) to allow
fee waivers for employees of governmental entities acting in the
course and scope of the employees' official duties. The department believes that the common good is better served when the
efficiency of government is enhanced. By authorizing the waiver
41 TexReg 4040
June 3, 2016
Texas Register
The amendment to §65.153, concerning Application for Permit,
eliminates archaic language and duplication and requires AMP
applicants to furnish a Social Security number as part of the application process. Under both state (Family Code, §231.302)
and federal (42 U.S.C.A. 666) law, the department is required
for purposes of child support enforcement to collect a person's
Social Security number as a condition of license or permit issuance.
The amendment to §65.154, concerning Issuance of Permit,
changes the title of the section to "Issuance of Permit; Amendment and Renewal," to more accurately reflect the contents of
the section.
The amendment to §65.154 alters eliminates current subsection
(a). As noted previously in this preamble, by adding a reference
to "an individual" in the provisions of subsection (b) (which is
adopted as new subsection (a)), subsection (a) can be removed
entirely.
The amendment to §65.154 alters subsection (a) (formerly subsection (b)) to address the standards for issuing or renewing an
AMP. Current §65.154(b) provides for the issuance of an AMP
upon filing of a properly executed application; however, there is
also a fee for an AMP. The amendment explicitly states that the
fee must be paid before the AMP can be issued.
Current §65.154(b)(1) prohibits the issuance of an AMP to an applicant or pilot if the individual within the previous year has been
convicted of a Class A Parks and Wildlife Code misdemeanor
or Parks and Wildlife Code felony relating to the management
of wildlife or exotic animals by the use of aircraft. The amendment removes this provision because new subsections (e) and
(f) establish new criteria to be used by the department for refusing AMP issuance or renewal, making current subsection (b)(1)
unnecessary.
Current subsection §65.154(b)(2) (subsection (a)(1) as adopted)
authorizes the issuance of an AMP if, among other things, an
applicant "has not knowingly failed to disclose any material information required, or has not knowingly made any false statement regarding any material fact in connection with the application." The amendment removes the word "knowingly." The department believes that if an applicant for an AMP for whatever
reason provides erroneous or inaccurate information or fails to
provide required information, such deficiencies are sufficient to
refuse issuance of an AMP.
The amendment to current §65.154(b)(4) (adopted as subsection (a)(3)) replaces the term "issuing official" with the word "department." The department has determined that it is more accurate to characterize the review of AMP applications as a department function generally, rather than as the action of a specific
employee.
The amendment to §65.154 creates new subsection (c) to establish the requirements for the amendment of an AMP. The new
subsection essentially preserves the current process set forth in
§65.156, concerning Amendment of Permit, which has been repealed.
from the conduct committed or omitted by the applicant, an agent
of the applicant, or both; the accuracy of information provided by
the applicant; for renewal, whether the applicant agreed to any
special provisions recommended by the department as conditions; and other aggravating or mitigating factors.
The amendment to §65.154 creates new subsection (d) to
set forth the circumstances under which the department could
choose to refuse AMP issuance or renewal on the basis of criminal history. The amendment allows the department to refuse
to issue or renew an AMP for any applicant who has a final
conviction or has been assessed an administrative penalty for a
violation of Parks and Wildlife Code, Chapter 43, Subchapter C,
E, L, R, or R-1; a provision of the Parks and Wildlife Code other
than Chapter 43, Subchapter C, E, L, R, or R-1 that is a Parks
and Wildlife Code Class A or B misdemeanor, state jail felony,
or felony; Parks and Wildlife Code, §63.002; or the Lacey Act
(16 U.S.C. §§3371-3378). In addition, the amendment adds
new subsection (e) to allow the department to prevent a person
from engaging in AMP activities or acting on behalf of or as a
surrogate for a person who is prohibited from obtaining an AMP.
The amendment to §65.154 also adds new subsection (f) to create a mechanism for persons who have been denied AMP issuance or renewal to have the opportunity to have such decisions reviewed by department managers. The new subsection
is intended to help ensure that decisions affecting AMP privileges
are correct and is identical to the review process used in other
department regulations.
Under §65.154(d) and (e), in deciding to issue or renew an AMP,
the department takes into account an applicant's history of violations involving the capture and possession of live animals,
major violations of the Parks and Wildlife Code (Class B misdemeanors, Class A misdemeanors, and felonies), and Lacey
Act violations. The department reasons that it is appropriate
to deny the privilege of taking or allowing the take of wildlife
resources, and especially for personal benefit, to persons who
exhibit a demonstrable disregard for laws and regulations governing wildlife. Similarly, it is appropriate to deny such privileges to a person who has exhibited demonstrable disregard for
wildlife law in general by committing more egregious (Class B
misdemeanors, Class A misdemeanors, and felonies) violations
of wildlife law.
The Lacey Act (16 U.S.C. §§3371-3378) is a federal law that,
among other things, prohibits interstate trade in or movement
of wildlife, fish, or plants taken, possessed, transported or sold
in violation of state law. Lacey Act prosecutions are normally
conducted by the United States Department of Justice in federal courts. Although a Lacey Act conviction or civil penalty is
often predicated on a violation of state law, the federal government need only prove that a state law was violated; there is no
requirement for there to be a record of conviction in a state jurisdiction. Rather than expending resources and time conducting
concurrent state and federal prosecutions, the department believes that it is reasonable to use a Lacey Act conviction or civil
penalty as the basis for denying issuance or renewal of an AMP.
The denial of AMP issuance or renewal as a result of an adjudicative status listed in the rule is not automatic, but within the
discretion of the department. Factors that may be considered
by the department in determining whether to issue or renew an
AMP based on adjudicative status include, but are not limited
to: the number of final convictions or administrative violations;
the seriousness of the conduct on which the final conviction or
administrative violation is based; the existence, number and seriousness of offenses or administrative violations other than offenses or violations that resulted in a final conviction; the length
of time between the most recent final conviction or administrative
violation and the application for enrollment or renewal; whether
the final conviction, administrative violation, or other offenses or
violations was the result of negligence or intentional conduct;
whether the final conviction or administrative violations resulted
The amendment to §65.154 also adds new subsection (g) to prohibit a person who has been finally convicted of, pleaded nolo
contendere to, received deferred adjudication for, or assessed
an administrative penalty for an offense listed in the section from
acting or contracting to act as a gunner for an AMP holder. The
department reasons that it is appropriate to deny the privilege of
AMP participation to persons who exhibit a demonstrable disregard for laws and regulations governing wildlife. Similarly, it is
appropriate to deny such privileges to a person who has exhibited demonstrable disregard for wildlife law in general by committing more egregious (Class B misdemeanors, Class A misdemeanors, and felonies) violations of wildlife law.
The amendment to §65.154 also creates new subsection (h) to
provide that an AMP is not transferable or assignable. The provision is identical to current §65.158, concerning Permit Not Transferable, which is being repealed.
The amendment to §65.154 also sets forth the requirements
for the renewal of an AMP, which is addressed under current
rule at §65.157, regarding Renewal of Permit. This rulemaking
adopts the repeal of §65.157; however, one aspect of the current
rule (the requirement to submit a request for renewal within 10
days of permit expiration) is not retained in the amendment to
§65.154. The department has determined that there is no reason to place a time limit on AMP renewals because the process is
independent of time-related constraints and there is no adverse
impact.
The amendment to §65.160, concerning Landowner Authorization, makes a number of alterations.
The amendment to §65.160(a) requires an AMP holder to submit to the department on a department approved form an LOA
for each tract of land where AMP activities are proposed to be
taken and provides that such activities may not be undertaken
until the department has approved the LOA. The amendment
also requires that an LOA to be signed by the AMP holder and the
landowner or agent, and requires the LOA to be kept in physical
possession by the AMP holder during all AMP activities. In addition, the amendment adds (a)(5) which requires the LOA to contain a georeferenced map (a map image incorporating a system
of geographic ground coordinates, such as latitude/longitude or
Universal Transverse Mercator (UTM) coordinates) showing the
exact boundaries of the property where AMP activities are to take
place and a written statement signed by the landowner that the
map is true and correct. In order to ensure that AMP activities are
conducted on the property on which the landowner intends such
activities to be conducted (i.e., are not conducted on the wrong
property), the department believes it is appropriate to require the
LOA to include a georeferenced map, and to require that the accuracy of the map be verified by the landowner in writing prior to
the initiation of AMP activities. The amendment also alters cur-
ADOPTED RULES
June 3, 2016
41 TexReg 4041
rent paragraphs (5) and (6) (adopted as paragraphs (6) and (7))
to simplify language. Current paragraph (5) (adopted paragraph
(6)) requires an LOA to state the "specific kind and number" of
wildlife to be taken under an AMP. The amendment refers to the
number of individual animals of each species and adds the qualifying term "yearly," because LOAs are approved on an annual
basis. Current paragraph (6) (adopted paragraph (7)) requires
an applicant to supply a "trap and transplant permit number" if
animals are to be trapped under that permit. The amendment
supplies a more legally precise description of that permit and
adds a reference to another type of permit that allows capture of
wildlife for scientific, educational, or zoological purposes.
The amendment to §65.160(b) allows an LOA to be in effect for
a specific time period and allows invalidation at the request of
the landowner. As currently worded, the provision states that
an LOA is valid for the life of the AMP unless it is suspended,
revoked, or not renewed. The department does not intend for
landowners to be unable to specify a period of validity for an
LOA or to be unable to withdraw authorization at any time the
landowner wishes.
Current §65.160(c) and (d) have been removed. Current subsection (c) stipulates that an LOA for hunting will be approved
only for depredating animals and exotic animals. As mentioned
previously in this preamble, the use of the word "hunt" in the
context of aerial management is problematic because the legal
meaning of "hunt" and the common understanding of hunting as
a recreational activity can be easily confused. An AMP cannot
authorize hunting in the sense of recreational activity; therefore,
the subsection is actually unnecessary.
Current subsection (d) provides that an LOA will not be approved
for non-indigenous wild animals except as authorized by the department when a specific wild animal(s) has escaped from captivity. The department has determined that this provision prevents the removal of exotic wildlife that may be competing with
indigenous wildlife or presenting some other deleterious impact
to indigenous wildlife. Therefore, the amendment removes this
provision.
The amendment to current §65.160(e), new subsection (c) as
adopted, alters the current provision by requiring a georeferenced map to be provided with an LOA application for a group or
association of landowners, and new subsection (d) requires the
landowner or agent to ensure that the information is true and correct prior executing the authorization. The map and certification
requirements are necessary for the same reasons articulated in
the discussion of the amendment to §65.160(a).
The amendment to §65.161, concerning Reports, provides for
electronic signatures of quarterly reports, removes the requirement for the signature of the pilot, and allows the inclusion of
a government-issued identification number for gunners. The
amendment also requires the quarterly reports to be filed electronically. With the transition to electronic reporting for AMP administration, it is necessary to accommodate electronic signatures to affirm that an AMP holder has complied with reporting
requirements. The amendment also removes the signature requirement for pilots because it is duplicative, and allows gunners
to provide a government-issued identification number in lieu of
a hunting license number, because a hunting license is not required to take depredating feral hogs or coyotes and therefore
an alternative method of identification must be established.
The department received six comments opposing adoption of the
proposed rules. Of those comments, five articulated a reason or
41 TexReg 4042
June 3, 2016
Texas Register
rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow.
One commenter opposed adoption and stated that there should
be no commercialization of take by AMP. The department neither
agrees nor disagrees with the comment and responds that under
the provisions of Parks and Wildlife Code, §43.1075, a qualified
landowner or landowner's agent may contract to participate as
a hunter or observer in using a helicopter to take depredation
feral hogs or coyotes under the authority of an AMP. The Commission cannot modify or eliminate that provision. No changes
were made as a result of the comment.
One commenter opposed adoption and stated that it is ridiculous to require a permit for photography on one's own property,
which is unnecessary and excessively bureaucratic. The department disagrees with the comment and responds that under the
provisions of Parks and Wildlife Code, §43.1095, it is an offense
for any person to use an aircraft to manage wildlife or exotic animals without first having obtained a permit to do so. Under Parks
and Wildlife Code, §43.103(5), "management by use of aircraft"
includes photography. These provisions are not within the authority of the Commission to eliminate or modify. No changes
One commenter opposed adoption and stated that there should
be no restrictions on a landowner's use of aircraft to eliminate
feral hogs on their own property. The department disagrees with
the comment and responds that under federal law (16 U.S.C.
§742j-1, commonly referred as the Airborne Hunting Act, or
AHA) as well as state law (Parks and Wildlife Code, §43.1095),
it is unlawful to shoot or attempt to shoot or intentionally harass
any bird, fish, or other animal from aircraft without having
obtained a permit to do so. These provisions are not within the
authority of the Commission to eliminate or modify. No changes
One commenter opposed adoption and stated that proposed
§65.155(d)(3) seems to imply that animals outside of the AMP
can be hunted, provided a hunting license is possessed. The
department disagrees with the comment and responds that
§65.155 is not affected by this rulemaking; however, although
an AMP authorizes specific activities to be conducted at specific
locations and a hunting license is required, possession of a
hunting license does not authorize any activity or location other
than those specified on the AMP. No changes were made as a
result of the comment.
One commenter opposed adoption and stated all aerial take
should be prohibited. The department disagrees with the
comment and responds that Parks and Wildlife Code, §43.102
authorizes the department to issue permits for the management
of wildlife and exotic animals by use of aircraft. No changes
31 TAC §§65.151 - 65.154, 65.160, 65.161
The amendments are adopted under Parks and Wildlife Code,
§43.109, which provides the commission with authority to make
regulations governing the management of wildlife or exotic animals by the use of aircraft under this subchapter, including forms
and procedures for permit applications; procedures for the management of wildlife or exotic animals by the use of aircraft; limitations on the time and the place for which a permit is valid; establishment of prohibited acts; rules to require, limit, or prohibit
any activity as necessary to implement Parks and Wildlife Code,
Chapter 43, Subchapter G.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Aerial Management Permit (AMP)--A permit issued by
the department to count, photograph, relocate, capture, hunt or take
wildlife or exotic animals by the use of aircraft.
(2)
Aircraft--A mechanical or other device used for flight
(3)
Applicant--An individual who files an application for
in the air.
an AMP.
(4) Department--The Texas Parks and Wildlife Department
or a specifically authorized employee of the department.
(5) FAA--The Federal Aviation Administration of the
United States Department of Transportation.
(6) Gunner--A Landowner, Agent or Subagent who captures, takes, shoots, or attempts to capture, take, or shoot wildlife or
exotic animals from an aircraft.
(7) Landowner's authorization (LOA)--Signed consent
from the Landowner or Agent to manage a specified number of wildlife
or exotic animals from an aircraft on certain property.
(3) the AMP holder possesses a valid, properly executed
LOA.
(d) A person (which includes a pilot, applicant, gunner, observer, or Subagent) commits an offense if:
(1) the person counts, photographs, relocates, captures,
hunts, or takes or attempts to count, photograph, relocate, capture,
hunt, or take from an aircraft any wildlife or exotic animals other than
wildlife or exotic animals authorized by the AMP and LOA;
(2) the person intentionally harasses any wildlife or exotic
animals by the use of an aircraft other than wildlife or exotic animals
authorized in an AMP and LOA;
(3) the person participates in the take or attempted take of
any wildlife or exotic animal other than depredating feral hogs or coyotes without having on his or her person a valid hunting license issued
by the department;
(4) the person pilots an aircraft to manage wildlife or exotic
animals without a valid pilot's license as required by the FAA;
(5) the person pays, barters, or exchanges anything of value
to participate as a gunner, observer, or Subagent except as may be otherwise provided in this subchapter;
(9) Observer--A person other than a pilot or gunner who is
on board an aircraft during AMP activities.
(6) the person acting as a gunner or pilot under an AMP
takes or attempts to take any wildlife or exotic animals for any purpose
other than is necessary to protect or to aid in the administration of lands,
water, wildlife, livestock, domesticated animals, human life, or crops,
except that any wildlife or exotic animals, once lawfully taken pursuant
to this subchapter may be sold if their sale is not otherwise prohibited;
(10) Pilot--An individual who controls an aircraft to count,
photograph, relocate, capture, or take wildlife or exotic animals, and
includes a co-pilot.
(7) the person acting as a gunner or pilot takes or attempts
to take wildlife or exotic animals during the hours between 1/2-hour
after sunset and 1/2-hour before sunrise;
(11) Qualified Landowner, Agent, or Subagent--A person
who is not prohibited from acting as a gunner under the provisions of
§65.154(d) of this title (relating to Issuance of Permit; Amendment and
Renewal).
(8) the person operates an aircraft for the management of
wildlife or exotic animals and is not named as an authorized pilot by
an AMP;
(8) Landowner's authorized agent (Agent)--A person authorized by a Landowner to act on behalf of the Landowner.
(12) Subagent--A person designated by an Agent to act as
a gunner for the purpose of taking of feral hogs or coyotes.
§65.152. General Rules.
(a) A person who holds an AMP is authorized to engage in the
management of wildlife and exotic animals by the use of aircraft only
on the tract(s) of land specified in the LOA. The AMP must be carried
in an aircraft when the aircraft is engaged in activities authorized by
the AMP.
(b) A pilot of an aircraft used for the management of wildlife or
exotic animals must maintain, on a daily basis, a flight log and report.
The daily flight log must be current and available for inspection by
game wardens at reasonable times. Each AMP holder and pilot shall
comply with all FAA regulations for the specific type of aircraft listed
on their AMP.
(c) It is lawful for a person who holds an AMP to contract with
a qualified Landowner, Agent, or Subagent to act as a gunner the taking
of depredating feral hogs or coyotes from a helicopter, provided:
(1)
the contract is in writing and signed by the Landowner
or Agent;
(2) a department-approved Subagent authorization form
has been properly executed and is in the physical possession of the
Subagent during all AMP activities in which the Subagent participates;
and
(9) the person takes, kills, captures, or attempts to take, kill,
or capture more wildlife or exotic animals on properties than are specified in the LOA;
(10) the person uses an AMP for the purpose of sport hunting;
(11) the person is engaging in AMP activities and pilots an
aircraft over land for which the person has not received written permission to overfly, except as is necessary to gain initial access to the land
described in the LOA prior to commencing AMP activities and to leave
following the conclusion of AMP activities; or
(12) the person otherwise violates a provision of this subchapter.
(e) These rules do not exempt any person from the requirement
for other licenses or permits required by statute or rule of the commission.
(f) The department may waive the fee requirements of this subchapter for an employee of a governmental entity acting in the scope
and course of official duties.
(g) The department will not approve an LOA for the take of
feral hogs on a tract of land where feral hogs have been released or
liberated by or with the approval of the Landowner or Agent for the
purpose of being hunted.
§65.154. Issuance of Permit; Amendment and Renewal.
ADOPTED RULES
June 3, 2016
41 TexReg 4043
(a) Upon the filing of a properly executed application and payment of the fee specified by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits), the department
may issue or renew an AMP to an individual if:
(3) The department shall conduct the review within 30 days
of receipt of the request required by paragraph (2) of this subsection,
unless another date is established in writing by mutual agreement between the department and the requestor.
(1) the applicant has not failed to disclose any material information required, or has not made any false statement regarding any
material fact in connection with the application;
(4) The request for review shall be presented to a review
panel. The review panel shall consist of three department managers
with expertise in the management of wildlife from aircraft, appointed
or approved by the executive director, or designee.
(2) the applicant will use the AMP only for the purpose of
protecting or aiding in the administration or protection of land, water,
wildlife, livestock, domesticated animals, human life, or crops; and
(3) the AMP requested, in the judgment of the department,
will aid in the management of wildlife and exotic animals and will not
have a deleterious effect on indigenous species.
(b)
The permit shall include the following information:
(1)
the name and address of the individual applicant;
(2) the authorized pilot's name, address, date of birth, and
FAA Certificate number;
(3)
the authorized aircraft; and
(4)
the issue and expiration date of the permit.
(c) The department may amend an AMP following the completion and submission of a form provided by the department. An application for amendment is subject to the same issuance criteria as the
original application for an AMP.
(d) The department may refuse to issue to or renew an AMP
for any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E,
L, R, or R-1;
(2) a provision of the Parks and Wildlife Code that is not
described by paragraph (1) of this subsection that is punishable as a
Parks and Wildlife Code:
(A)
Class A or B misdemeanor;
(B) state jail felony; or
(C) felony;
(3)
Parks and Wildlife Code, §63.002; or
(4)
the Lacey Act (16 U.S.C. §§3371-3378).
(e) The department may refuse to issue an AMP to or renew
an AMP for any person the department has evidence is acting on behalf
of or as a surrogate for another person who is prohibited by the provisions of this subchapter from obtaining an AMP or engaging in AMP
activities.
(f) An applicant for an AMP or AMP renewal may request a
review of a decision of the department to refuse issuance of an AMP
or AMP renewal (as applicable).
(1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of an AMP must request
the review within 10 working days of being notified by the department
that the application has been denied.
(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time
for the review.
41 TexReg 4044
June 3, 2016
Texas Register
(5)
The decision of the review panel is final.
(g) No person who has been finally convicted of, pleaded nolo
contendere to, received deferred adjudication for, or assessed an administrative penalty for an offense listed in this section may act or contract
to act as a gunner for an AMP holder.
(h)
An AMP is not transferable or assignable.
§65.160. Landowner Authorization (LOA).
(a) Prior to managing wildlife or exotic animals, an AMP
holder must submit to the department, on a department-approved form,
an LOA for each tract of land where AMP activities are proposed to
take place and may not conduct AMP activities until the department
has approved the LOA. The LOA must be signed by the AMP holder
and the Landowner or Agent and must be in the physical possession
of the person using an aircraft to manage wildlife or exotic animals
during all AMP activities. The LOA shall include:
(1) the name, address, and phone number of the
Landowner;
(2) the name, address, and phone number of the authorized
Landowner's Agent, if applicable;
(3) the name and AMP number of the AMP holder;
(4)
the farm or ranch name and specific location of the
property;
(5) a georeferenced map (a map image incorporating a system of geographic ground coordinates, such as latitude/longitude or
Universal Transverse Mercator (UTM) coordinates) showing the exact boundaries of the property on which AMP activities are to be conducted, accompanied by a written statement signed by the Landowner
or Agent confirming that the map is true and correct;
(6) the yearly number of individual animals of each species
of wildlife or exotic animals to be managed by use of aircraft and the
reason why these animals should be managed; and
(7) if game animals or game birds are to be captured by the
use of aircraft, the permit number of a valid permit issued under the
provisions of Subchapters E or J of this chapter.
(b) An LOA is valid for the time period specified in the authorization or the life of the AMP unless the AMP expires without renewal,
is suspended or revoked, or is invalidated by the Landowner by notifying the department in writing.
(c) A single LOA form may be submitted by a group of
Landowners or by an association on behalf of such landowners. The
LOA form shall have attached a list of participating landowner names,
ranch names, addresses, acreage, and a georeferenced map (a map
image incorporating a system of geographic ground coordinates,
such as latitude/longitude or UTM coordinates) showing the exact
boundaries of each property for each participating Landowner. The
LOA may be signed by one authorized Agent who represents the
group of landowners or an association.
(d) The Landowner or the Landowner's Agent shall ensure that
information included in the LOA is true and correct prior to executing
an authorization.
service. This change allows employee class members who have
left state service, but kept their account at ERS, to purchase waiting period service.
No comments were received on the proposed rule amendment.
TRD-201602475
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: January 4, 2017
Proposal publication date: December 18, 2015
♦
♦
♦
31 TAC §§65.156 - 65.159
The repeals are adopted under Parks and Wildlife Code,
§43.109, which provides the commission with authority to make
regulations governing the management of wildlife or exotic
animals by the use of aircraft under this subchapter, including
forms and procedures for permit applications; procedures for
the management of wildlife or exotic animals by the use of
aircraft; limitations on the time and the place for which a permit
is valid; establishment of prohibited acts; rules to require, limit,
or prohibit any activity as necessary to implement Parks and
Wildlife Code, Chapter 43, Subchapter G.
TRD-201602476
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: January 4, 2017
Proposal publication date: December 18, 2015
♦
♦
♦
TITLE 34. PUBLIC FINANCE
PART 4. EMPLOYEES RETIREMENT
SYSTEM OF TEXAS
CHAPTER 71.
CREDITABLE SERVICE
34 TAC §71.31
The Employees Retirement System of Texas (ERS) adopts an
amendment to 34 Texas Administrative Code (TAC) §71.31, concerning Credit Purchase Option for Certain Waiting Period Service, without changes to the proposed text as published in the
April 1, 2016, issue of the Texas Register (41 TexReg 2464).
The amendment was approved by the ERS Board of Trustees at
its May 17, 2016 meeting. This section will not be republished.
Section 71.31 is amended to remove the requirement that a person must be a contributing member to purchase waiting period
The amendment is adopted under the Texas Government Code,
§815.102, which provides authorization for the ERS Board of
Trustees to adopt rules for eligibility of membership in the retirement system.
No other statutes are affected by the amendment.
TRD-201602397
Paula A. Jones
Deputy Executive Director and General Counsel
Proposal publication date: April 1, 2016
♦
CHAPTER 85.
♦
♦
FLEXIBLE BENEFITS
34 TAC §§85.1, 85.3, 85.5
The Employees Retirement System of Texas (ERS) adopts
amendments to 34 Texas Administrative Code (TAC) Chapter
85 concerning Flexible Benefits, §85.1 (Introduction and Definitions), §85.3 (Eligibility and Participation) and §85.5 (Benefits)
without changes to the proposed text as published in the April
1, 2016, issue of the Texas Register (41 TexReg 2465). The
amendments were approved by the ERS Board of Trustees at its
May 17, 2016, meeting. These sections will not be republished.
ERS adopts amendments to §§85.1, 85.3 and 85.5 in order to
comply with Subchapter J which was added to Chapter 1551,
Texas Insurance Code, by the Texas Legislature in 2015. The
amendments will benefit TexFlex program participants in a manner permitted by the Internal Revenue Code. The amendments
will also conform the TexFlex program to facilitate participation
in the new "consumer directed health plan" (CDHP) within the
HealthSelectSM of Texas managed care plan while also allowing
participants to enroll in a limited purpose flexible spending account (FSA) program. Participation in a general purpose FSA is
incompatible with contributing to a health savings account (HSA)
under federal law. The amendments provide a limited purpose
FSA that is compatible for use for those enrolled in the CDHP.
Section 85.1 (Introduction and Definitions) is amended to add a
definition for a general purpose health care reimbursement account and for a limited purpose health care reimbursement account.
Section 85.3 (Eligibility and Participation) is amended to allow
participants in the CDHP to participate only in the limited purpose
FSA program, in conformance with the Internal Revenue Code.
The amendment provides that any monetary balance remaining
in an FSA account on August 31 of a plan year or any carryover
that might otherwise be permitted for an employee who chooses
to enroll in the CDHP for the following plan year would go into a
limited purpose FSA, subject to IRS maximums or be forfeited.
ADOPTED RULES
June 3, 2016
41 TexReg 4045
Section 85.5 (Benefits) is amended to clarify that only qualifying
dental and vision expenses may be reimbursed through a limited
purpose FSA.
formation Systems, Altru Health System; Chrissy Vogeley, Manager, State Affairs, American Occupational Therapy Association;
and Christene Maas.
No comments were received on the proposed rule amendments.
One commenter noted the value in the Board's proposing of rules
that would permit telehealth to be used during the provision of
occupational therapy services in Texas.
The amendments are adopted under the Texas Insurance Code,
§1551.052 and §1551.206, which provide authorization for the
ERS Board of Trustees to develop, implement, and administer a
cafeteria plan, and to adopt necessary rules.
TRD-201602400
Paula A. Jones
Proposal publication date: April 1, 2016
♦
♦
♦
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
OCCUPATIONAL THERAPY
EXAMINERS
CHAPTER 362.
DEFINITIONS
40 TAC §362.1
The Board appreciates the comment and made no changes to
the amendment based on the comment.
Commenters, in response to the proposed definition of telehealth, §362.1(39), which would require that all technologies
used for telehealth be synchronous, commented on the value of
allowing occupational therapy practitioners to use asynchronous
technologies during the provision of occupational therapy services via telehealth and asked the Board to allow the licensee
to use his or her judgment to determine whether asynchronous
technologies may be used. They noted this would have the
effect of not restricting the use of technologies by occupational
therapy practitioners and access to occupational therapy services by consumers. Several commenters noted that the use of
asynchronous technologies aligns with other standards related
to and definitions of telehealth and is supported by current
research.
The Board does not agree with the comments and declines to revise the rule in response to the comments. The Board noted that
asynchronous technologies are those that are not used in real
time and thereby provide a lower level of public protection during the provision of occupational therapy services via telehealth
than those technologies that are synchronous. The Board made
no changes to the amendment based on the comments.
The amendment is adopted under the Occupational Therapy
Practice Act, Title 3, Subtitle H, Chapter 454, Occupations Code,
which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to
carry out its duties in administering this Act.
The Texas Board of Occupational Therapy Examiners adopts an
amendment to §362.1, concerning definitions, with changes to
the proposed text as published in the March 18, 2016, issue of
the Texas Register (41 TexReg 2133). The rule will be republished.
The following words, terms, and phrases, when used in this part shall
have the following meaning, unless the context clearly indicates otherwise.
The change is to replace in the previously proposed definition for
telehealth, §362.1(39), the word "or" with a slash in the phrase
"electronic information or communications technologies" so the
phrase is instead "electronic information/communications technologies."
(1) Accredited Educational Program--An educational institution offering a course of study in occupational therapy that has been
accredited or approved by the Accreditation Council for Occupational
Therapy Education (ACOTE) of the American Occupational Therapy
Association.
The amendment to §362.1 will clarify existing definitions with regard to and add a definition for telehealth. The definitions have
also been renumbered when necessary so that they appear in
alphabetical order; general clarifications, cleanups, and grammatical revisions have been made to the section, as well.
(2) Act--The Occupational Therapy Practice Act, Title 3,
Subtitle H, Chapter 454 of the Occupations Code.
The amendment will add a definition for telehealth and contains
related revisions to other definitions in the section. Amendments
to §372.1, concerning provision of services, and §373.1, concerning supervision of non-licensed personnel, have also been
adopted, and notice of such has been submitted for publication
in the Texas Register, regarding the inclusion in the Board Rules
of telehealth as a mode of occupational therapy service delivery.
The definitions in §362.1 for "direct contact" and "first available
examination" have also been removed.
Comments were received by the Board by Tammy Richmond,
CEO, GO 2 Care Inc.; Marsha Waind, Manager, Telehealth, In-
41 TexReg 4046
June 3, 2016
Texas Register
(3) AOTA--American Occupational Therapy Association.
(4) Applicant--A person who applies for a license to the
Texas Board of Occupational Therapy Examiners.
(5) Board--The Texas Board of Occupational Therapy Examiners (TBOTE).
(6) Certified Occupational Therapy Assistant (COTA®)-An individual who uses this term must hold a valid regular or provisional license to practice or represent self as an occupational therapy
assistant in Texas and must practice under the general supervision of
an OTR® or OT. An individual who uses this term is responsible for
ensuring that he or she is otherwise qualified to use it by maintaining
certification with NBCOT.
(7) Class A Misdemeanor--An individual adjudged guilty
of a Class A misdemeanor shall be punished by:
(A) A fine not to exceed $4,000;
(B) Confinement in jail for a term not to exceed one
year; or
(C) Both such fine and imprisonment (Vernon's Texas
Codes Annotated Penal Code §12.21).
(8) Client--The entity that receives occupational therapy;
also may be known as patient. Clients may be individuals (including
others involved in the individual's life who may also help or be served
indirectly such as a caregiver, teacher, parent, employer, spouse),
groups, or populations (i.e., organizations, communities).
(9) Complete Application--Application form with photograph, license fee, jurisprudence examination with at least 70% of
questions answered correctly, and all other required documents.
(10) Complete Renewal--Contains renewal fee, renewal
form with continuing education submission form, home/work address(es) and phone number(s), jurisprudence examination with at
least 70% of questions answered correctly, and all other required
documents.
(11) Continuing Education Committee--Reviews and
makes recommendations to the Board concerning continuing education requirements and special consideration requests.
(12) Coordinator of Occupational Therapy Program--The
employee of the Executive Council who carries out the functions of
the Texas Board of Occupational Therapy Examiners.
(13) Endorsement--The process by which the Board issues
a license to a person currently licensed in another state or territory of
the United States that maintains professional standards considered by
the Board to be substantially equivalent to those set forth in the Act,
and is applying for a Texas license for the first time.
(14) Evaluation--The process of planning, obtaining, documenting and interpreting data necessary for intervention. This process
is focused on finding out what the client wants and needs to do and on
identifying those factors that act as supports or barriers to performance.
(15) Examination--The Examination as provided for in
Section 17 of the Act. The current Examination is the initial certification examination given by the National Board for Certification in
Occupational Therapy (NBCOT).
(16) Executive Council--The Executive Council of Physical Therapy and Occupational Therapy Examiners.
(17) Executive Director--The employee of the Executive
Council who functions as its agent. The Executive Council delegates
implementation of certain functions to the Executive Director.
(18) Intervention--The process of planning and implementing specific strategies based on the client's desired outcome, evaluation
data and evidence, to effect change in the client's occupational performance leading to engagement in occupation to support participation.
(19) Investigation Committee--Reviews and makes recommendations to the Board concerning complaints and disciplinary actions regarding licensees and facilities.
(20) Investigator--The employee of the Executive Council who conducts all phases of an investigation into a complaint filed
against a licensee, an applicant, or an entity regulated by the Board.
Act and Texas Board of Occupational Therapy Examiners Rules. This
test is an open book examination with multiple choice and/or true-false
questions. The passing score is 70%.
(22) License--Document issued by the Texas Board of Occupational Therapy Examiners which authorizes the practice of occupational therapy in Texas.
(23) Medical Condition--A condition of acute trauma, infection, disease process, psychiatric disorders, addictive disorders, or
post surgical status. Synonymous with the term health care condition.
(24) NBCOT--National Board for Certification in Occupational Therapy.
(25) Non-Licensed Personnel--OT Aide or OT Orderly or
other person not licensed by this Board who provides support services
to occupational therapy practitioners and whose activities require
on-the-job training and supervision.
(26) Non-Medical Condition--A condition where the ability to perform occupational roles is impaired by developmental disabilities, learning disabilities, the aging process, sensory impairment, psychosocial dysfunction, or other such conditions which do not require
the routine intervention of a physician.
(27) Occupation--Activities of everyday life, named, organized, and given value and meaning by individuals and a culture. Occupation is everything people do to occupy themselves, including looking
after themselves, enjoying life and contributing to the social and economic fabric of their communities.
(28) Occupational Therapist (OT)--An individual who
holds a valid regular or provisional license to practice or represent
self as an Occupational Therapist in Texas. This definition includes an
Occupational Therapist or one who is designated as an Occupational
Therapist, Registered (OTR®).
(29) Occupational Therapist, Registered (OTR®)--An individual who uses this term must hold a valid regular or provisional
license to practice or represent self as an Occupational Therapist in
Texas by maintaining registration through NBCOT.
(30) Occupational Therapy Assistant (OTA)--An individual who holds a valid regular or provisional license to practice or represent self as an Occupational Therapy Assistant in Texas, and who is
required to be under the continuing supervision of an OT. This definition includes an individual who is designated as a Certified Occupational Therapy Assistant (COTA®) or an Occupational Therapy Assistant (OTA).
(31) Occupational Therapy Plan of Care--A written statement of the planned course of Occupational Therapy intervention for
a client. It must include goals, objectives and/or strategies, recommended frequency and duration, and may also include methodologies
and/or recommended activities.
(32) Occupational Therapy Practice--Includes:
(A) Methods or strategies selected to direct the process
of interventions such as:
(i) Establishment, remediation, or restoration of a
skill or ability that has not yet developed or is impaired.
(ii) Compensation, modification, or adaptation of
activity or environment to enhance performance.
(iii) Maintenance and enhancement of capabilities
without which performance in everyday life activities would decline.
(21) Jurisprudence Examination--An examination covering information contained in the Texas Occupational Therapy Practice
ADOPTED RULES
June 3, 2016
41 TexReg 4047
(iv) Health promotion and wellness to enable or enhance performance in everyday life activities.
(v) Prevention of barriers to performance, including
disability prevention.
(B) Evaluation of factors affecting activities of daily
living (ADL), instrumental activities of daily living (IADL), education,
work, play, leisure, and social participation, including:
(i) Client factors, including body functions (such as
neuromuscular, sensory, visual, perceptual, cognitive) and body structures (such as cardiovascular, digestive, integumentary, genitourinary
systems).
(ii) Habits, routines, roles and behavior patterns.
(iii) Cultural, physical, environmental, social, and
spiritual contexts and activity demands that affect performance.
(iv) Performance skills, including motor, process,
and communication/interaction skills.
(C) Interventions and procedures to promote or enhance
safety and performance in activities of daily living (ADL), instrumental
activities of daily living (IADL), education, work, play, leisure, and
social participation, including:
(i) Therapeutic use of occupations, exercises, and
activities.
(ii) Training in self-care, self-management, home
management and community/work reintegration.
(iii) Development, remediation, or compensation of
physical, cognitive, neuromuscular, sensory functions and behavioral
skills.
(iv) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic
process.
(v) Education and training of individuals, including
family members, caregivers, and others.
(vi)
(33) Occupational Therapy Practitioners--Occupational
Therapists and Occupational Therapy Assistants licensed by this
Board.
(34) Outcome--The focus and targeted end objective of occupational therapy intervention. The overarching outcome of occupational therapy is engagement in occupation to support participation in
context(s).
(35) Place(s) of Business--Any facility in which a licensee
practices.
(36) Practice--Providing occupational therapy as a clinician, practitioner, educator, or consultant to clients located in Texas
at the time of the provision of occupational therapy services. Only a
person holding a license from this Board may practice occupational
therapy in Texas, and the site of practice is the location in Texas where
the client is located at the time of the provision of services.
(37)
Rules--Refers to the TBOTE Rules.
(38) Screening--A process used to determine a potential
need for occupational therapy interventions, educational and/or other
client needs. Screening information may be compiled using observation, client records, the interview process, self-reporting, and/or other
documentation.
(39) Telehealth--A mode of service delivery for the provision of occupational therapy services through the use of visual and auditory, synchronous, real time, interactive electronic information/communications technologies. As a mode of service delivery, telehealth
is contact with the client and the occupational therapy practitioner(s).
Telehealth refers only to the practice of occupational therapy by occupational therapy practitioners who are licensed by this Board with
clients who are located in Texas at the time of the provision of occupational therapy services. Also may be known as other terms including
but not limited to telepractice, telecare, telerehabilitation, and e-health
services.
Care coordination, case management and tran-
sition services.
(vii) Consultative services to groups, programs, organizations, or communities.
TRD-201602456
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
(viii) Modification of environments (home, work,
school, or community) and adaptation of processes, including the
application of ergonomic principles.
(ix) Assessment, design, fabrication, application,
fitting and training in assistive technology, adaptive devices, and
orthotic devices, and training in the use of prosthetic devices.
(x) Assessment, recommendation, and training
in techniques to enhance functional mobility including wheelchair
management.
(xi)
Driver rehabilitation and community mobility.
(xii) Management of feeding, eating, and swallowing to enable eating and feeding performance.
(xiii) Application of physical agent modalities, and
use of a range of specific therapeutic procedures (such as wound care
management; techniques to enhance sensory, perceptual, and cognitive
processing; manual therapy techniques) to enhance performance skills.
41 TexReg 4048
June 3, 2016
Texas Register
♦
CHAPTER 367.
♦
♦
CONTINUING EDUCATION
40 TAC §§367.1 - 367.3
The Texas Board of Occupational Therapy Examiners adopts
amendments to §§367.1 - 367.3, concerning continuing education, categories of education, and continuing education audit,
rules will not be republished.
The amendments will remove requirements related to Type 1 and
Type 2 CE and address acceptable activities that are eligible
and unacceptable activities that are not eligible for continuing
education credit. The amendments include further clarifications
and cleanups, as well.
The amendments will remove the Type 1 and Type 2 continuing
education designations and the requirement that licensees earn
a minimum of fifteen contact hours of continuing education in
Type 2 activities. The amendments instead will require that all of
the required 30 hours of continuing education taken for license
renewal fit the new definition for continuing education, defined in
the amendment to §367.1 as professional development activities
that are directly relevant to the profession of occupational therapy. Amendments to §370.3, concerning restoration of a Texas
license, and §371.2, concerning retired status, have also been
adopted by the Board, and notice of such has been submitted for
publication in the Texas Register, and include changes to reflect
the amendments to §§367.1 - 367.3.
The amendments to §367.2 will also add the NBCOT Navigator™ activities of Case Simulations, Balloon Match Games, Mini
Practice Quizzes, and the PICO Game as acceptable continuing
education activities. In addition, the amendments will allow for
grant writing, general cooking classes, and geriatric anthology to
be taken for continuing education if meeting the requirements for
continuing education in Chapter 367. The amendments will add
first aid as an unacceptable activity that may not be completed
for continuing education.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Occupational Therapy
TRD-201602457
John P. Maline
Executive Director
♦
CHAPTER 370.
♦
♦
LICENSE RENEWAL
40 TAC §370.3
amendment to §370.3, concerning restoration of a Texas license,
rule will not be republished.
The amendment will clarify requirements for restoration of an
occupational therapist or occupational therapy assistant license
expired one year or more.
The amendment will, in addition to clarifying restoration requirements in general, remove the requirement that an individual
whose license has been expired two or more years must also
complete forty-five hours of continuing education if choosing
the method of restoration requiring that the individual take
and pass the National Board for Certification in Occupational
Therapy (NBCOT) exam for licensure purposes only. The
amendment also removes from a provision related to expedited
services for military service members, military veterans, and
military spouses, necessitated by Senate Bill 1307 from the
84th Legislative session, the requirement that to be eligible for
such services, the military service member, military veteran,
or military spouse, as defined in Chapter 55, Occupations
Code, §55.001, must have within the five years preceding
the restoration application date held a license in Texas. The
amendment, in addition, clarifies that restoration requirements
are based on the length of time the license has been expired
and whether the individual has a current license or occupational
therapy employment as specified in this section at the time of
the license's restoration. Any reference to Type 2 Continuing
Education has also been removed as part of the amendment
in accordance with adopted amendments to §§367.1 - 367.3,
concerning continuing education, and notice of such has been
submitted for publication in the Texas Register. The amendment
includes further cleanups, as well.
TRD-201602458
John P. Maline
Executive Director
♦
CHAPTER 371.
STATUS
♦
♦
INACTIVE AND RETIRED
40 TAC §371.1, §371.2
amendments to §371.1 and §371.2, concerning inactive status
and retired status, without changes to the proposed text as published in the March 18, 2016, issue of the Texas Register (41
TexReg 2140). The rules will not be republished.
The amendments to §371.1 and §371.2 will clarify requirements
regarding inactive and retired status; the amendments include
further clarifications and cleanups, as well.
The amendments to §371.1 will clarify requirements regarding
inactive status and specify that inactive status fees for an occupational therapist or occupational therapy assistant license are
nonrefundable. The amendments will specify that if the inactive
status license has been expired one year or more, in order to
ADOPTED RULES
June 3, 2016
41 TexReg 4049
return to active status, the individual must follow the procedures
to restore the license according to §370.3, concerning restoration of a Texas license, an amendment to which has also been
adopted, and notice of such submitted to the Texas Register.
The amendments to §371.1 will also add the provision that licensees on inactive status are subject to the audit of continuing
education as described in §367.3, concerning continuing education audit.
The amendments to §371.2 will clarify requirements regarding
retired status and specify that retired status fees for an occupational therapist or occupational therapy assistant license are
nonrefundable. The amendments will also add the provision that
licensees on retired status may provide occupational therapy
services according to the terms of the license upon online verification of current licensure and license expiration date from the
Board's license verification web page. Any reference to Type
2 continuing education has also been removed as part of the
proposal in accordance with adopted amendments to §§367.1 367.3, notice of which has been submitted for publication in the
Texas Register, concerning continuing education, categories of
education, and continuing education audit.
No comments were received regarding adoption of the amendments.
TRD-201602459
John P. Maline
Executive Director
♦
CHAPTER 372.
♦
♦
PROVISION OF SERVICES
40 TAC §372.1
amendment to §372.1, concerning provision of services, without
changes to the proposed text as published in the March 18, 2016,
issue of the Texas Register (41 TexReg 2142). The rule will not
be republished.
The amendment includes clarifications regarding the provision
of services and will add telehealth as a mode of occupational
therapy service delivery.
The amendment will add language specifying that the occupational therapist is responsible for determining whether any aspect of the provision of services may be conducted via telehealth
or must be conducted in person. The amendment will also add
the provision that the initial evaluation for a medical condition
must be conducted in person and may not be conducted via telehealth. The amendment will add language allowing for the eval-
41 TexReg 4050
June 3, 2016
Texas Register
uation for a non-medical condition and for the intervention for a
medical or non-medical condition to be provided via telehealth.
The amendment will, furthermore, add the provision that devices
that are in sustained skin contact with the client (including but
not limited to wheelchair positioning devices, splints, hot/cold
packs, and therapeutic tape) require the on-site and attending
presence of the occupational therapy practitioner for any initial
applications and that the occupational therapy practitioner is responsible for determining the need to be on-site and attending
for subsequent applications or modifications. Amendments to
§362.1, concerning definitions, and §373.1, concerning supervision of non-licensed personnel, have also been adopted, and
notice of such has been submitted for publication in the Texas
Register, regarding the inclusion of telehealth in the Board Rules
as a mode of occupational therapy service delivery.
The amendment to §372.1, in addition, clarifies that occupational
therapists may provide consultation or monitored services, or
screen or evaluate the client to determine the need for occupational therapy services without a referral and that a screening, consultation, or monitored services may be performed by
an occupational therapy practitioner. The amendment, in addition, clarifies that an occupational therapist must exercise professional judgment to determine cessation or continuation of intervention without a receipt of the written referral. The amendment
contains further cleanups and grammatical revisions, as well.
Comments were received by the Board by Tammy Richmond,
CEO, GO 2 Care Inc.; Marsha Waind, Manager, Telehealth, Information Systems, Altru Health System; Chrissy Vogeley, Manager, State Affairs, American Occupational Therapy Association;
Christene Maas; and Judy Skarbek, President, Texas Occupational Therapy Association.
Some commenters noted the value in the Board's proposing of
rules that would permit telehealth to be used during the provision
of occupational therapy services in Texas.
The Board appreciates the comments and made no changes to
the amendment based on the comments.
Several commenters, in response to the proposed definition of
telehealth, §362.1(39), which would require that all technologies
used for telehealth be synchronous, commented on the value of
allowing occupational therapy practitioners to use asynchronous
technologies during the provision of occupational therapy services via telehealth and asked the Board to allow the licensee
to use his or her judgment to determine whether asynchronous
technologies may be used. They noted this would have the effect
of not restricting the use of technologies by occupational therapy practitioners and access to occupational therapy services
by consumers. Several commenters noted that the use of asynchronous technologies aligns with other standards related to and
definitions of telehealth and is supported by current research.
The Board does not agree with the comments and declines to
revise the rules in response to the comments. The Board noted
that asynchronous technologies are those that are not used in
real time and thereby provide a lower level of public protection
during the provision of occupational therapy services via telehealth than those technologies that are synchronous. The Board
made no changes to the amendment to §372.1 or to the definition of telehealth in the amendment to §362.1 based on the comments.
Comments were, in addition, received opposing provision
§372.1(b)(2) in the proposal, which requires that the initial
evaluation for a medical condition must be conducted in person
and may not be conducted via telehealth. The commenters
noted that whether the initial evaluation may be conducted via
telehealth should be left to the occupational therapist's judgment. They noted that the ability to conduct an initial evaluation
via telehealth aligns with other standards related to and definitions of telehealth and is supported by current research, and
some commented that the practice of telehealth should not be
regulated differently from in person care. Several commenters
also noted that the requirement would be too restrictive and
may impede access to care.
revise the rule as the commenters suggest. The Board noted
that the requirement that the initial evaluation for a medical condition must be conducted in person provides for a higher level of
public protection than would a provision allowing that such may
be conducted via telehealth. The Board made no changes to the
amendment based on the comments.
Two commenters also addressed the proposed addition to the
section of §372.1(f)(8), concerning devices that are in sustained
skin contact with the client. The commenters were in opposition to this requirement noting that it was unclear which devices
would be considered under this provision and noted that it should
be left to the judgment of the occupational therapy practitioner to
determine when the practitioner needs to be on-site and attending for the initial application or, as they note, whether telehealth
may be used, as supported by research. One commenter also
noted that this provision would limit current practice and lead to
delays in treatment.
revise the rule in response to the comments. The Board noted
that the provision defines the parameters of such devices and
that the provision is needed to ensure the protection of the public
when devices that are in sustained skin contact with the client are
used by ensuring that a licensee is on-site and attending for the
initial application of such. The Board noted, furthermore, that
this will facilitate the licensee's ability to determine whether the
licensee needs to be on-site and attending for any subsequent
applications.
instruction, with changes to the proposed text as published in the
March 18, 2016, issue of the Texas Register (41 TexReg 2143).
The rule will be republished.
The first change is to remove from §372.2(b) the sentence "However, if a participant requires individualized occupational therapy
services, a referral must be made to an occupational therapist
for the provision of occupational therapy services in accordance
with §372.1 of this title (relating to Provision of Services)" and
to replace it with "If a participant requires individualized occupational therapy services, these may only be provided in accordance with §372.1 of this title (relating to Provision of Services)"
to clarify that individualized occupational therapy services may
only be provided according to the provisions of §372.1, concerning provision of services.
The second change is to add as §372.2(d) the provision "When
general purpose occupation-based instruction is being provided pursuant to §372.2, the OT must approve the curricular
goals/program prior to the OTA's initiating instruction." This provision was originally published as §373.3(b)(4) in the previously
proposed amendment to §373.3, concerning supervision of an
occupational therapy assistant, in the March 18, 2016, issue of
the Texas Register (41 TexReg 2144). During the adoption of
§373.3, this provision was removed from the amendment as it
was added to §372.2 upon the latter section's adoption.
The adopted new rule §372.2 will concern general purpose occupation-based instruction by occupational therapy practitioners.
The rule will specify that occupational therapy practitioners may
develop or facilitate general purpose, occupation-based groups
or classes and that these services do not require individualized
evaluation and plan of care services but practitioners may develop goals or curriculums for the group as a whole. The rule
will add that if a participant requires individualized occupational
therapy services, these may only be provided in accordance with
§372.1 of this title (relating to Provision of Services). The new
rule will require that supervision requirements for services provided pursuant to this section shall be completed in accordance
with §373.3, concerning supervision of an occupational therapy
assistant and that when general purpose occupation-based instruction is being provided pursuant to §372.2, the occupational
therapist must approve the curricular goals/program prior to the
occupational therapy assistant's initiating instruction. Amendments to §373.3 and to §376.5, concerning exemptions to registration, with regard to facilities registered with the Board, have
also been adopted by the Board, and notice of such has been
submitted for publication in the Texas Register, with regard to
new §372.2.
No comments were received regarding adoption of the new rule.
TRD-201602460
John P. Maline
Executive Director
The new rule is adopted under the Occupational Therapy Practice Act, Title 3, Subtitle H, Chapter 454, Occupations Code,
which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act
to carry out its duties in administering this Act.
40 TAC §372.2
§372.2. General Purpose Occupation-Based Instruction.
(a) Occupational therapy practitioners may develop or facilitate general purpose, occupation-based groups or classes including but
not limited to handwriting groups, parent-child education classes, wellness-focused activities for facility residents, aquatics exercise groups,
and cooking for diabetics classes.
new rule §372.2, concerning general purpose occupation-based
(b) These services do not require individualized evaluation
and plan of care services but practitioners may develop goals or
♦
♦
♦
ADOPTED RULES
June 3, 2016
41 TexReg 4051
curriculums for the group as a whole. If a participant requires individualized occupational therapy services, these may only be provided in
accordance with §372.1 of this title (relating to Provision of Services).
(c) Supervision requirements for services provided pursuant to
this section shall be completed in accordance with §373.3 of this title
(relating to Supervision of an Occupational Therapy Assistant).
(d) When general purpose occupation-based instruction is being provided pursuant to §372.2, the OT must approve the curricular
goals/program prior to the OTA's initiating instruction.
TRD-201602461
John P. Maline
Executive Director
♦
CHAPTER 373.
♦
♦
SUPERVISION
40 TAC §373.1, §373.3
amendments to §373.1 and §373.3, concerning supervision of
non-licensed personnel and supervision of an occupational therapy assistant, without changes to the proposed text of §373.1
and with changes to the proposed text to §373.3 as published
in the March 18, 2016, issue of the Texas Register (41 TexReg
2144). Section 373.3 will be republished.
The first change is to replace in §373.3(b)(2)(F)(ii) the word
"or" in the phrase "electronic information or communications
technologies" with a slash so the phrase reads "electronic
information/communications technologies." The second change
is to remove provision §373.3(b)(4). This provision was added
to §372.2, concerning general purpose occupation-based instruction, upon its adoption.
The amendment to §373.1 will clarify the supervision requirements for non-licensed personnel in general and with regard to
the use of non-licensed personnel during the provision of occupational therapy services via telehealth. The amendment to
§373.3 will clarify the supervision requirements for occupational
therapy assistants in general and with regard to their supervision
when providing general purpose occupation-based instruction.
The amendments include cleanups and grammatical revisions,
as well.
The amendment to §373.1 will remove language that close personal supervision implies direct, on-site contact whereby the supervising occupational therapy licensee is able to respond immediately to the needs of the patient. The amendment will add
language that supervision for occupational therapy aides as defined by the Practice Act, §454.002, concerning definitions, is
on-site contact whereby the supervising occupational therapy
practitioner is able to respond immediately to the needs of the
client. The amendment will also add the provision that supervision of other non-licensed personnel either on-site or via telehealth requires that the occupational therapy practitioner main-
41 TexReg 4052
June 3, 2016
Texas Register
tain line of sight. Amendments to §362.1, concerning definitions,
and §372.1, concerning provision of services, have also been
adopted regarding the inclusion of telehealth in the Board Rules
as a mode of occupational therapy service delivery, and notice
of such has been submitted for publication in the Texas Register.
The amendment to §373.3 includes language adding that up
to half of the required interactive supervision hours for an
occupational therapy assistant may be completed via visual
and auditory, synchronous, real time, interactive electronic
information/communications technologies. The amendment
also includes revisions to the required supervision hours for
occupational therapy assistants, adding a category pertaining
to those working twenty or fewer hours during a given month.
With regard to the requirement that the occupational therapy
assistant must include the name of a supervising occupational
therapist in each intervention note, language has been added
in the amendment that this requirement is not applicable to
instruction provided pursuant to §372.2, concerning general purpose occupation-based instruction. An amendment to §376.5,
concerning exemptions to registration, with regard to facilities
registered with the Board, has also been adopted with regard
to §372.2.
Two comments were received by the Board, the first from Kristine Weir and the second from Chrissy Vogeley, Manager, State
Affairs, American Occupational Therapy Association.
One commenter was in support of the proposed provision to
§373.3 that would reduce the number of required supervision
hours for occupational therapy assistants working twenty or
fewer hours during a given month.
The Board appreciates the comment and made no changes
based on the comment.
The commenters were in support of the proposed change to
§373.3(b)(2)(F)(ii) that would add that up to half of the required
interactive supervision hours for an occupational therapy assistant may be completed via visual and auditory, synchronous,
real time, interactive electronic information/communications
technologies.
The Board appreciates the comments and made no changes
based on the comments.
One commenter questioned why all of the interactive supervision
hours may not be completed by such electronic information/communications technologies and also requested that asynchronous
be added to the provision to allow for asynchronous technologies
to be used during interactive supervision.
The Board does not agree with the comment and declines to
revise the rule in response to the comment. The Board noted
that the requirements that at least half of the required interactive
supervision hours be completed in person and that any hours eligible to be completed via electronic information/communications
technologies be completed using synchronous technologies are
required to maintain the close supervisory relationship between
the occupational therapy assistant and the delegating occupational therapists in order to protect the public.
§373.3. Supervision of an Occupational Therapy Assistant.
(a) An occupational therapy assistant shall provide occupational therapy services only under the supervision of an occupational
therapist(s).
(b) Supervision of an occupational therapy assistant in all settings includes:
(1) Supervision Form: For each employer, the occupational therapy assistant must submit the Occupational Therapy
Assistant Supervision form with the employer information and name
and license number of one of the occupational therapists working for
the employer who will be providing supervision.
(2) Supervision Log and Supervision Hours:
(A) The occupational therapy assistant must complete
supervision hours each month, which must be recorded on the Supervision Log. The Supervision Log is kept by the occupational therapy
assistant and signed by the occupational therapist(s) when supervision
is given. The occupational therapist(s) or employer may request a copy
of the Supervision Log.
(B) All of the occupational therapists, whether working
full time, part time, or PRN (i.e., working on an as-needed basis), who
delegate to the occupational therapy assistant must participate in the
supervision hours, whether on a shared or rotational basis.
(C) For each employer, the occupational therapy assistant must complete a separate Supervision Log and must complete the
specified supervision hours, in addition to all other requirements. Supervision hours for different employers may not be combined.
(D) For those months when the licensee does not work
as an occupational therapy assistant, he or she shall write N/A in the
Supervision Log.
(E) Supervision Logs are subject to audit by the Board.
(F) Occupational therapy assistants must complete
these types of supervision per month according to the following table:
(i) Frequent Communication Supervision: frequent
communication between the supervising occupational therapist(s) and
occupational therapy assistant including, but not limited to, communication by electronic/communications technology methods, written report, and conference, including review of progress of clients assigned,
plus
(ii) Interactive Supervision: interactive supervision
during which the occupational therapist directly observes the occupational therapy assistant providing services to one or more clients. Up
to half of the required interactive supervision hours may be completed
via visual and auditory, synchronous, real time, interactive electronic
information/communications technologies.
Figure: 40 TAC §373.3(b)(2)(F)(ii)
(3) The occupational therapy assistant must include the
name of a supervising OT in each intervention note. This may not necessarily be the occupational therapist who wrote the plan of care, but
an occupational therapist who is readily available to answer questions
about the client's intervention at the time of the provision of services.
If this requirement is not met, the occupational therapy assistant may
not provide services. This provision is not applicable to instruction
provided pursuant to §372.2 of this title (relating to General Purpose
Occupation-Based Instruction).
TRD-201602462
John P. Maline
Executive Director
♦
CHAPTER 376.
FACILITIES
♦
♦
REGISTRATION OF
40 TAC §376.5
amendment to §376.5, concerning exemptions to registration,
rule will not be republished.
The amendment to §376.5 will add a provision related to exemptions to the requirement to register as an occupational therapy
facility.
The amendment will add language specifying that if a facility only
offers services pursuant to adopted new rule §372.2, concerning
general purpose occupation-based instruction, then the facility
is exempted from the requirement to register the facility with the
Board. An amendment to §373.3, concerning supervision of an
occupational therapy assistant, has also been adopted with regard to new §372.2, and notice of such has been submitted for
publication in the Texas Register.
TRD-201602463
John P. Maline
Executive Director
♦
♦
♦
PART 19. DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES
CHAPTER 702.
GENERAL ADMINISTRATION
The Health and Human Services Commission (HHSC) adopts,
on behalf of the Department of Family and Protective Services (DFPS or "Department"), amendment to §702.5 and new
ADOPTED RULES
June 3, 2016
41 TexReg 4053
§§702.501, 702.503, 702.505, 702.507, 702.509, 702.511,
702.513 and 702.515. Section 702.509 and §702.511 are
adopted with changes to the proposed text published in the
March 18, 2016, issue of the Texas Register (41 TexReg 2149)
and will be republished.
The justification of the amendment and new rules is to establish
five advisory committees to advise the Department and to establish general provisions applicable to all advisory committees.
Current DFPS rules regarding advisory committees were originally adopted in 1988, revised in 1994, and do not contain complete or correct information regarding the Department's active
advisory committees. The rules in Chapter 730, Legal Services,
Subchapter E, relating to Advisory Committees and Other Committees are being repealed and will be published in this same
issue of the Texas Register.
In August of 2014, the Texas Sunset Advisory Commission
issued its Staff Report for DFPS, which included recommendations that DFPS' advisory committees be removed from
statute and that DFPS subsequently establish any advisory
committee(s) the agency wanted to create or maintain in rule.
The Sunset Report also made some specific recommendations
regarding certain provisions that rules establishing advisory
committees should contain.
Texas Senate Bill 206, 84th Legislature (2015), the DFPS Sunset
bill, included a provision requiring the Executive Commissioner
of HHSC to adopt rules, in compliance with Chapter 2110, Government Code, regarding the purpose, structure, and use of advisory committees by DFPS. The rules may include provisions
governing: (1) an advisory committee's size and quorum requirements; (2) qualifications for membership of an advisory committee, including: (A) requirements relating to experience and geographic representation; and (B) requirements for the department
to include as members of advisory committees youth who have
aged out of foster care and parents who have successfully completed family service plans and whose children were returned to
the parents, as applicable; (3) appointment procedures for an
advisory committee; (4) terms for advisory committee members;
and (5) compliance with Chapter 551, Government Code (Open
Meetings).
In addition, Senate Bill 200, Sunset legislation for HHSC in the
84th Legislature (and other related bills) removed most Health
and Human Services (HHS) advisory committees from statute,
and provided the Executive Commissioner of HHSC the latitude
to re-establish or modify needed advisory committees through
rule. Senate Bill 200 stated that advisory committees shall consider issues and solicit public input across major areas of the
HHS system, including relating to the following issue areas: (1)
Medicaid and other social services programs; (2) managed care
under Medicaid and the child health plan program; (3) health
care quality initiatives; (4) aging; (5) persons with disabilities, including persons with autism; (6) rehabilitation, including for persons with brain injuries; (7) children; (8) public health; (9) behavioral health; (10) regulatory matters; (11) protective services;
and (12) prevention efforts.
As noted, the legislation requires any advisory committees
adopted in rule to comply with Chapter 2110, Texas Government
Code. This statute, in effect since 1997, requires a state agency
that creates an advisory committee to establish that committee
in agency rule. The rule must state the purpose and tasks of the
committee, and describe the manner in which the committee
will report to the agency.
41 TexReg 4054
June 3, 2016
Texas Register
The Government Code further provides that:
(1) An agency advisory committee must be composed of a reasonable number of members, not to exceed 24.
(2) An advisory committee that advises a state agency regarding an industry or occupation regulated or directly affected by the
agency must provide a balanced representation between the industry or occupation and consumers of services provided by the
agency, industry or occupation.
(3) An advisory committee shall select from among its members
a presiding officer, and the presiding officer shall preside over the
advisory committee and report to the state agency it is advising.
(4) A state agency that wants to reimburse the expenses of advisory committee members may only do so by requesting authority
through the appropriations or budget execution process.
(5) The agency must annually evaluate the committee's work, the
committee's usefulness, and the costs related to the committee's
existence, including the cost of agency staff time spent in support
of the committee's activities.
(6) The state agency shall report to the Legislative Budget Board
the information developed in the evaluation described above.
The agency shall file the report biennially in connection with the
agency's request for appropriations.
(7) The agency may designate in rule the date on which the committee will automatically be abolished. If the agency does not
establish an abolition date in rule, the committee will automatically be abolished on the fourth anniversary of the date of its
creation (unless a specific duration for the advisory committee is
prescribed in statute).
(8) These provisions apply to an advisory committee unless another law specifically states that this law does not apply, or a
federal law or regulation imposes a condition or requirement that
irreconcilably conflicts with this law.
In 2015, HHSC established a cross-agency work group to evaluate all existing HHS advisory committees and determine their
continued ability to effectively inform agency leadership regarding key issue areas in the HHS system. Staff representing each
of the HHS agencies conducted an assessment of existing committees, gathered stakeholder input, and made preliminary recommendations to the Executive Commissioner. On October 30,
2015, as required by law, HHSC published in the Texas Register
(40 TexReg 7726) the list of advisory committees that should be
established in rule, which advisory committees should be combined, and which had become inactive or should otherwise be
eliminated. Of the published list, 11 committees are (or formerly
were) operated primarily by DFPS and are the subject of this proposed rulemaking.
Committees to be established in rule: (1) The Committee on Advancing Residential Practices; (2) The Public Private Partnership; (3) The Advisory Committee on Promoting Adoption of Minority Children; (4) The Parent Collaboration Group; and (5) The
Youth Leadership Council.
Inactive committees to be abolished in rule: (1) State Advisory Committee on Child Care Administrators and Facilities;
(2) Strategic Directions Advisory Committee; (3) Advisory
Committee for the Office of Protective Services for Families
and Children; (4) Advisory Committee for the Office of Adult
Protective Services; (5) Research Review Committee; and (6)
Regional Advisory Councils.
A summary of the changes are:
Amendment to §702.5 will add new terms and definitions for
the following: (1) Advisory committee--Any group, such as a
committee, commission, task force, workgroup, or other entity
with multiple members that has as its primary function advising
the Department of Family and Protective Services; (2) Commissioner--The Commissioner of DFPS; (3) DFPS or the Department--The Texas Department of Family and Protective Services;
(4) Executive Commissioner--The Executive Commissioner of
the Texas Health and Human Services Commission or his or her
designee; (5) Quorum--A majority of an advisory committee's active membership; (6) Single Source Continuum Contractor--Entity with which DFPS contracts for the full continuum of care in a
Foster Care Redesign catchment area. Technical amendments
were made to the following definitions: (1) APS--Adult Protective
Services; (2) CCL--Child-Care Licensing; (3) CPS--Child Protective Services; and (4) PEI--Prevention and Early Intervention.
The following definitions are being repealed: (1) Board of the
Texas Department of Protective and Regulatory Services; and
(2) Executive director.
New §702.501(a) cites the statutory authority for the Executive
Commissioner to establish advisory committees in rule; subsection (b) applies Texas Government Code Chapter 2110 to advisory committees established in these rules; subsection (c) applies the Texas Government Code "Open Meetings Act" to a
committee unless otherwise noted.
New §702.503 provides that unless otherwise noted, an advisory committee selects a presiding officer from among its members which is a requirement of Texas Government Code Chapter
2110.
New §702.505 outlines conflict of interest provisions for members of advisory committees.
New §702.507 establishes the Committee for the Advancement of Residential Practices, its purpose, tasks, reporting
requirements, membership, meeting schedule, decision-making
process, and date of abolishment.
New §702.509 establishes the Public Private Partnership, its
purpose, tasks, reporting requirements, membership, meeting
schedule, decision-making process, and date of abolishment.
New §702.511 establishes the Advisory Committee on Promoting Adoption of Minority Children, its purpose, tasks, reporting
requirements, membership, meeting schedule, decision-making
process, and date of abolishment.
New §702.513 establishes the Parent Collaboration Group, its
Exempts the Group from the "Open Meetings Act."
New §702.515 establishes the Youth Leadership Council, its
Exempts the Council from the "Open Meetings Act."
The amendment and new sections will function so that stakeholders and interested parties will know what advisory committees the Department has established, what their purpose is, and
how they will advise the Department.
During the public comment period following posting of the proposed rules in the Texas Register, DFPS did not receive any
comments regarding the rule changes. However, DFPS inadvertently posted the proposed rules in the Texas Register without
a modification suggested in informal stakeholder comments received prior to publication. Therefore a Correction of Error was
published in the April 1, 2016, issue of the Texas Register (41
TexReg 2519) to include the modified language in the proposed
rules. The Correction of Error clarified that the language in the
rule text of §702.511(e)(1)(B)(ii) stating "At least six members
must be ordained members of the clergy" was incorrect and the
correct rule language should be "Membership may include ordained members of the clergy."
Because no additional comments were received during the official comment period, the agency is adopting the rule as it appeared after the April 1, 2016, correction.
SUBCHAPTER A.
INTRODUCTION
40 TAC §702.5
The amendment is adopted under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which
provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of
services by the Health and Human Services agencies, including
the Department of Family and Protective Services; and HRC
§40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the
Executive Commissioner and the Commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by the department.
The amendment implements HRC §40.030, which allows the
Commissioner and Executive Commissioner to appoint advisory
committees for DFPS and requires the Executive Commissioner to adopt rules regarding the advisory committees, and
Government Code §531.012, which directs the Executive
Commissioner to adopt rules to establish and govern advisory
committees across all major areas of the HHS system.
TRD-201602485
Trevor Woodruff
General Counsel
Department of Family and Protective Services
♦
SUBCHAPTER F.
♦
♦
ADVISORY COMMITTEES
40 TAC §§702.501, 702.503, 702.505, 702.507, 702.509,
702.511, 702.513, 702.515
The new sections are adopted under Human Resources Code
(HRC) §40.0505 and Government Code §531.0055, which
provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
the Department of Family and Protective Services; and HRC
§40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the
Executive Commissioner and the Commissioner regarding rules
ADOPTED RULES
June 3, 2016
41 TexReg 4055
governing the delivery of services to persons who are served or
regulated by the Department.
The new sections implement HRC §40.030, which allows the
Commissioner and Executive Commissioner to appoint advisory
committees for DFPS and requires the Executive Commissioner to adopt rules regarding the advisory committees and
Texas Government Code §531.012, which directs the Executive
Commissioner to adopt rules to establish and govern advisory
committees across all major areas of the HHS system.
§702.509. Public Private Partnership.
(a) Establishment. The Public Private Partnership (PPP) is established.
(b) Purpose. The purpose of the PPP is to explore, study, and
recommend innovative and creative practices that affect the Texas Foster Care system. The PPP provides recommendations to the Department regarding Foster Care Redesign and its implementation.
(c)
Tasks. The PPP performs the following tasks:
(1) makes recommendations to the Department through
regularly scheduled meetings and Department staff assigned to the
committee; and
(2) performs other tasks consistent with the committee's
purpose that are requested by the Commissioner.
(d)
Reporting requirements and Department action.
(1) The PPP reports recommendations to the Department
at least annually.
(2)
or practice.
PPP recommendations may inform Department policy
(3) PPP recommendations are advisory and do not obligate
the Department to take action.
(e)
Membership.
(1)
The PPP consists of no more than 24 members.
(2)
Members are appointed by the Commissioner.
(3)
Membership requirements.
(A) Members must have demonstrated a commitment
to the children, youth, and families of Texas and have knowledge and
experience with the Texas foster care system.
(B) Members must be willing to devote the time necessary to attend and participate in meetings.
(C) In choosing PPP members, the Commissioner considers how the diverse ethnic, gender, and geographic communities in
Texas are represented on the committee, including diverse sizes and
types of providers.
(4)
Membership includes:
(B)
youth who were formerly in foster care;
(C)
members of the judiciary;
(7) Members who fail to attend three consecutive meetings
without an excused absence by the presiding officer as reflected in the
minutes are removed from the committee without further action, and
the Commissioner appoints a replacement.
(f) Presiding officers. The presiding officer may not currently
be an employee of or be actively seeking a contract as a Single Source
Continuum Contractor (SSCC).
(g) Meetings. The PPP meets at least quarterly or as called by
the presiding officer.
(h) Decision-making. The committee makes recommendations by consensus, with dissenting opinions noted.
(i) Bylaws. The committee will adopt bylaws to further govern
committee practices, such as attendance requirements, meeting notices,
workgroups and subcommittees, and conflicts of interest.
(j) Abolition. The PPP is abolished, and this section expires,
August 31, 2026.
§702.511. Advisory Committee on Promoting Adoption of Minority
Children.
(a) Establishment. The Advisory Committee on Promoting
Adoption of Minority Children (ACPAMC) is established.
(b) Purpose. The ACPAMC works locally and at the state level
to raise awareness of the needs of minority children in all stages of
service.
(c)
Tasks. The ACPAMC performs the following tasks:
(1) makes recommendation to the Department through regularly scheduled meetings and Department staff assigned to the committee; and
(2) performs other tasks consistent with the committee's
purpose that are requested by the Commissioner.
(d) Reporting requirements and department action.
(1) The ACPAMC reports to the Department at least annually the committee's recommendations for Department programs and
projects that will promote the adoption of and provision of services to
minority children.
(2) The committee's recommendations may inform Department policy or practice.
Membership.
(1) The ACPAMC consists of no more than 24 members.
(A)
Members are appointed by the Commissioner.
(B) Membership requirements:
(D) child welfare advocacy groups;
(E) parents; and
(F) other child welfare stakeholders, as determined by
the Commissioner.
June 3, 2016
(6) Members who represent a particular group are automatically removed from the committee when they are no longer members
of the group in subsection (e)(1)(C) of this section whom they were appointed to represent, and may be replaced by another member of that
same group by Commissioner appointment.
(e)
(A) providers and provider associations in good standing with the Department;
41 TexReg 4056
(5) Except as may be necessary to stagger terms, a committee member serves for a two-year term and may be appointed for
additional terms at the discretion of the Commissioner.
Texas Register
(i) Members must have knowledge of and experience in community education, cultural relations, family support, counseling, and parenting skills and education.
(ii)
the clergy.
Membership may include ordained members of
(2) Except as may be necessary to stagger terms, a committee member serves for a two-year term and may be appointed for
additional terms at the discretion of the Commissioner.
(f) Meetings. The Committee will meet at least quarterly.
(g) Decision-making. The committee will make decisions by
consensus.
(h) Bylaws. The ACPAMC will adopt bylaws to govern committee practices including selection of the presiding officer, voting procedures, attendance requirements, reimbursement procedures, workgroups and subcommittees, and conflicts of interest.
(i) Presiding officer. The presiding officer serves for a twoyear term.
(j) Abolition. The ACPAMC is abolished, and this section expires, August 31, 2026.
TRD-201602486
Trevor Woodruff
General Counsel
♦
♦
♦
CHAPTER 730. LEGAL SERVICES
SUBCHAPTER E. ADVISORY COMMITTEES
AND OTHER COMMITTEES
40 TAC §§730.401 - 730.403, 730.405, 730.406
The Health and Human Services Commission (HHSC) adopts,
on behalf of the Department of Family and Protective Services
(DFPS or "Department"), the repeal of §§730.401 - 730.403,
730.405, and 730.406 without changes to the proposed text published in the March 18, 2016, issue of the Texas Register (41
TexReg 2154).
The justification of the repeals is to update current DFPS rules regarding advisory committees. The rules were originally adopted
in 1988, revised in 1994, and do not contain complete or correct
information regarding the Department's active advisory committees.
In August of 2014, the Texas Sunset Advisory Commission
issued its Staff Report for DFPS, which included recommendations that DFPS' advisory committees be removed from
statute and that DFPS subsequently establish any advisory
committee(s) the agency wanted to create or maintain in rule.
The Sunset Report also made some specific recommendations
regarding certain provisions that rules establishing advisory
committees should contain.
Texas Senate Bill (SB) 206, 84th Legislature (2015), the DFPS
Sunset bill, included a provision requiring the Executive Commissioner of HHSC to adopt rules, in compliance with Chapter
2110, Government Code, regarding the purpose, structure, and
use of advisory committees by DFPS. The provision in SB 206
stated that the rules may include provisions governing: (1) an
advisory committee's size and quorum requirements; (2) qualifications for membership of an advisory committee, including:
(A) requirements relating to experience and geographic representation; and (B) requirements for the department to include as
members of advisory committees youth who have aged out of
foster care and parents who have successfully completed family
service plans and whose children were returned to the parents,
as applicable; (3) appointment procedures for an advisory committee; (4) terms for advisory committee members; and (5) compliance with Chapter 551, Government Code (Open Meetings).
In addition, Senate Bill 200, Sunset legislation for HHSC in the
84th Legislature (and other related bills) removed most Health
and Human Services (HHS) advisory committees from statute,
and provided the Executive Commissioner of HHSC the latitude
to re-establish or modify needed advisory committees through
rule. Senate Bill 200 stated that advisory committees shall consider issues and solicit public input across major areas of the
HHS system including relating to the following issue areas: (1)
Medicaid and other social services programs; (2) managed care
under Medicaid and the child health plan program; (3) health
care quality initiatives; (4) aging; (5) persons with disabilities, including persons with autism; (6) rehabilitation, including for persons with brain injuries; (7) children; (8) public health; (9) behavioral health; (10) regulatory matters; (11) protective services;
and (12) prevention efforts.
As noted, the legislation requires any advisory committees
adopted in rule to comply with Chapter 2110, Texas Government
Code. This statute, in effect since 1997, requires a state agency
that creates an advisory committee to establish that committee
in agency rule. The rule must state the purpose and tasks of the
committee, and describe the manner in which the committee
will report to the agency.
The Government Code further provides that:
(1) An agency advisory committee must be composed of a reasonable number of members, not to exceed 24.
(2) An advisory committee that advises a state agency regarding an industry or occupation regulated or directly affected by the
agency must provide a balanced representation between the industry or occupation and consumers of services provided by the
agency, industry or occupation.
(3) An advisory committee shall select from among its members
a presiding officer, and the presiding officer shall preside over the
advisory committee and report to the state agency it is advising.
(4) A state agency that wants to reimburse the expenses of advisory committee members may only do so by requesting authority
through the appropriations or budget execution process.
(5) The agency must annually evaluate the committee's work, the
committee's usefulness, and the costs related to the committee's
existence, including the cost of agency staff time spent in support
of the committee's activities.
(6) The state agency shall report to the Legislative Budget Board
the information developed in the evaluation described above.
The agency shall file the report biennially in connection with the
agency's request for appropriations.
(7) The agency may designate in rule the date on which the committee will automatically be abolished. If the agency does not
establish an abolition date in rule, the committee will automatically be abolished on the fourth anniversary of the date of its
ADOPTED RULES
June 3, 2016
41 TexReg 4057
creation (unless a specific duration for the advisory committee is
prescribed in statute).
(8) These provisions apply to an advisory committee unless another law specifically states that this law does not apply, or a
federal law or regulation imposes a condition or requirement that
irreconcilably conflicts with this law.
In 2015, HHSC established a cross-agency work group to evaluate all existing HHS advisory committees and determine their
continued ability to effectively inform agency leadership regarding key issue areas in the HHS system. Staff representing each
of the HHS agencies conducted an assessment of existing committees, gathered stakeholder input, and made preliminary recommendations to the Executive Commissioner. On October 30,
2015, as required by law, HHSC published in the Texas Register
(40 TexReg 7726) the list of advisory committees that should be
established in rule, which advisory committees should be combined, and which had become inactive or should otherwise be
eliminated. Of the published list, 11 committees are (or formerly
were) operated primarily by DFPS and are the subject of this
rulemaking:
Committees to be established in rule: (1) The Committee on Advancing Residential Practices; (2) The Public Private Partnership; (3) The Advisory Committee on Promoting Adoption of Minority Children; (4) The Parent Collaboration Group; and (5) The
Youth Leadership Council.
Inactive committees to be abolished in rule: (1) State Advisory Committee on Child Care Administrators and Facilities;
(2) Strategic Directions Advisory Committee; (3) Advisory
Committee for the Office of Protective Services for Families
and Children; (4) Advisory Committee for the Office of Adult
Protective Services; (5) Research Review Committee; and (6)
Regional Advisory Councils.
A summary of the changes to Chapter 730 are that §§730.401,
730.402, 730.403, 730.405, and 730.406 are being repealed because they are outdated. New rules are adopted in Chapter 702,
General Administration, Subchapter F of this title (relating to Advisory Committees). The new subchapter will establish the Department's current and active advisory committees in rule in accordance with recently enacted Sunset legislation, will be published in this same issue of the Texas Register.
41 TexReg 4058
June 3, 2016
Texas Register
The function of the repeals will be that inactive advisory committees will not appear to still be in place, which will prevent confusion to DFPS stakeholders and the public. New advisory committee rules are being adopted in Chapter 702, General Administration, Subchapter F of this title (relating to Advisory Committees).
No comments were received regarding the adoption of the sections.
The repeals are adopted under Human Resources Code (HRC)
§40.0505 and Government Code §531.0055, which provide that
the Health and Human Services Executive Commissioner shall
adopt rules for the operation and provision of services by the
health and human services agencies, including the Department
of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study
and make recommendations to the Executive Commissioner and
the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.
The repeals implement HRC §40.030, which allows the Commissioner and Executive Commissioner to appoint advisory committees for DFPS and requires the Executive Commissioner to
adopt rules regarding the advisory committees, and Government
Code §531.012, which directs the Executive Commissioner to
adopt rules to establish and govern advisory committees across
all major areas of the HHS system.
TRD-201602487
Trevor Woodruff
General Counsel
♦
♦
♦
Adopted Rule Reviews
provides that an agency may readopt a rule without amendments after the required review.
Texas Alcoholic Beverage Commission
Title 16, Part 3
Pursuant to the notice of proposed rule review published in the April
8, 2016, issue of the Texas Register (41 TexReg 2603), the Texas Alcoholic Beverage Commission has reviewed 16 Texas Administrative
Code §41.20, Timely Filing of Reports, in accordance with Texas Government Code §2001.039. After this review, the Commission has determined that: the reasons for adopting the rule continue to exist; the
rule is not obsolete; the rule reflects current legal and policy considerations; and the rule reflects current procedures of the Commission.
The Commission received no public comments concerning the review
of 16 Texas Administrative Code §41.20, Timely Filing of Reports.
The Commission readopts without amendments 16 Texas Administrative Code §41.20, Timely Filing of Reports, pursuant to Texas Alcoholic Beverage Code §5.31, which grants the Commission the authority
to prescribe rules necessary to carry out the provisions of that Code, and
Texas Government Code §2001.039, which provides that an agency
may readopt a rule without amendments after the required review.
TRD-201602631
Martin Wilson
Assistant General Counsel
Filed: May 25, 2015
♦
♦
TRD-201602636
Martin Wilson
Assistant General Counsel
Filed: May 25, 2015
♦
♦
♦
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC
Chapter 129, Student Attendance, Subchapter AA, Commissioner's
Rules, pursuant to the Texas Government Code, §2001.039. The TEA
proposed the review of 19 TAC Chapter 129, Subchapter AA, in the
January 22, 2016 issue of the Texas Register (41 TexReg 685).
The TEA finds that the reasons for adopting Subchapter AA continue
to exist and readopts the rules. The TEA received no comments related
to the review of Subchapter AA. No changes are necessary as a result
of the review.
This concludes the review of 19 TAC Chapter 129.
♦
Pursuant to the notice of proposed rule review published in the April
8, 2016, issue of the Texas Register (41 TexReg 2603), the Texas Alcoholic Beverage Commission has reviewed 16 Texas Administrative
Code §45.101, Rebates, Coupons and Premium Stamps, in accordance
with Texas Government Code §2001.039. After this review, the Commission has determined that: the reasons for adopting the rule continue
to exist; the rule is not obsolete; the rule reflects current legal and policy
considerations; and the rule reflects current procedures of the Commission.
The Commission received no public comments concerning the review
of 16 Texas Administrative Code §45.101, Rebates, Coupons and Premium Stamps.
The Commission readopts without amendments 16 Texas Administrative Code §45.101, Rebates, Coupons and Premium Stamps, pursuant
to Texas Alcoholic Beverage Code §5.31, which grants the Commission the authority to prescribe rules necessary to carry out the provisions of that Code, and Texas Government Code §2001.039, which
TRD-201602483
Filed: May 20, 2016
♦
♦
♦
Executive Council of Physical Therapy and Occupational
Therapy Examiners
Title 22, Part 28
The Executive Council of Physical Therapy and Occupational Therapy
Examiners adopts the review of Chapter 651, concerning fees, in accordance with Texas Government Code §2001.039. The proposed notice
of intent to review rules was published in the March 18, 2016, issue of
No comments were received on the proposed rule review.
The Executive Council of Physical Therapy and Occupational Therapy
Examiners has assessed whether the reasons for adopting or readopting
the rules continue to exist. The Executive Council of Physical Therapy
and Occupational Therapy Examiners finds that the rules in Chapter
651 are needed, reflect current legal and policy considerations, and re-
RULE REVIEW June 3, 2016
41 TexReg 4059
flect current procedures of the Executive Council of Physical Therapy
and Occupational Therapy Examiners. The reasons for initially adopting the rules continue to exist. The Executive Council of Physical Therapy and Occupational Therapy Examiners, therefore, readopts Chapter
651.
TRD-201602484
John P. Maline
Executive Director
Executive Council of Physical Therapy and Occupational Therapy
Examiners
Filed: May 20, 2016
♦
♦
♦
Title 40, Part 12
The Texas Board of Occupational Therapy Examiners adopts the review of the following chapters in accordance with Texas Government
Code §2001.039:
Chapter 361, concerning statutory authority; Chapter 362, concerning
definitions; Chapter 363, concerning consumer/licensee information;
Chapter 364, concerning requirements for licensure; Chapter 367, concerning continuing education; Chapter 368, concerning open records;
Chapter 369, concerning display of licenses; Chapter 370, concerning
41 TexReg 4060
June 3, 2016
Texas Register
license renewal; Chapter 371, concerning inactive and retired status;
Chapter 372, concerning provision of services; Chapter 373, concerning supervision; Chapter 374, concerning disciplinary actions/detrimental practice/complaint process/code of ethics; Chapter 375, concerning fees; and Chapter 376, concerning registration of facilities. The
proposed notice of intent to review rules was published in the March
No comments were received on the proposed rule review.
The Texas Board of Occupational Therapy Examiners has assessed
whether the reasons for adopting or readopting the rules continue to
exist. The Texas Board of Occupational Therapy Examiners finds that
the rules in the chapters are needed, reflect current legal and policy
considerations, and reflect current procedures of the Texas Board of
Occupational Therapy Examiners. The reasons for initially adopting
the rules continue to exist. The Texas Board of Occupational Therapy
Examiners, therefore, readopts the chapters.
TRD-201602464
John P. Maline
Executive Director
Filed: May 19, 2016
♦
♦
♦
TABLES AND GRAPHICS
June 3, 2016
41 TexReg 4061
41 TexReg 4062
June 3, 2016
Texas Register
TABLES AND GRAPHICS
June 3, 2016
41 TexReg 4063
41 TexReg 4064
June 3, 2016
Texas Register
TABLES AND GRAPHICS
June 3, 2016
41 TexReg 4065
41 TexReg 4066
June 3, 2016
Texas Register
Texas Water Code and Texas Health and Safety Code
Settlement Notice
Notice of Contract Award
The State of Texas gives notice of the following proposed resolution
of an environmental enforcement action under the Texas Water Code.
Before the State may enter into a voluntary settlement agreement, pursuant to §7.110 of the Texas Water Code, the State shall permit the
public to comment in writing. The Attorney General will consider any
written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: State of Texas v. Triple A Dump Truck Service,
L.L.C., a/k/a Triple "A" Dump Truck Service, and Arnoldo Pena, Jr.;
Cause No. D-1-GV-13-000232; in the 98th Judicial District Court,
Travis County, Texas.
Background: This is an enforcement action brought by the State of
Texas on behalf of the Texas Commission on Environmental Quality
(TCEQ) against Arnoldo Pena, Jr. (Pena), who owns and operates a
dump truck and solid waste transport service, Triple A Dump Truck
Service, L.L.C. (Triple A), located 4 1/4 miles north of Expressway 83
on Western Road, Mission, Hidalgo County, Texas (the Site). Pena and
Triple A were cited for unauthorized disposal of municipal solid waste
and unauthorized storage of scrap tires at the Site between 2008 and
2012.
Proposed Settlement: The parties propose an Agreed Final Judgment
and Permanent Injunction, which, among other things, orders Pena and
Triple A to immediately stop any additional waste, including scrap
tires, from being disposed of or stored at the Site, and imposes strict
limits and conditions under which a tire wall may be maintained at
the Site. The proposed settlement also provides for an award to the
State against Pena and Triple A, jointly and severally, $7,000 in civil
penalties and $6,700 in administrative penalties, as well as the State's
reasonable attorney's fees.
The Office of the Attorney General will accept written comments relating to the proposed judgment for thirty (30) days from the date of
publication of this notice. The proposed judgment may be examined
at the Office of the Attorney General, 300 W. 15th Street, 10th Floor,
Austin, Texas, and copies may be obtained in person or by mail for the
cost of copying. A copy is also lodged with the Travis County District Court. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Shelly
M. Doggett, Assistant Attorney General, Office of the Texas Attorney
General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512)
463-2012, facsimile (512) 320-0911.
TRD-201602529
Amanda Crawford
General Counsel
Filed: May 24, 2016
♦
♦
♦
The Texas Comptroller of Public Accounts announces the award of a
financial advisor services contract to George K. Baum & Company,
8115 Preston Road, Suite 650, Dallas, Texas 75225, under Request
for Proposals No. 215a ("RFP"). The total amount of the contract is
$58,398.00 per Note issuance plus approved out-of-state travel. The
term of the contract is May 19, 2016, through December 31, 2017, with
option to renew for up to two (2) additional one-year periods.
The Contractor will provide financial advisor services to Comptroller
for Tax and Revenue Application Notes (TRAN) issuances.
The RFP was published in the February 5, 2016, issue of the Texas
Register (41 TexReg 998).
TRD-201602538
Jason C. Frizzell
Assistant General Counsel, Contracts
Filed: May 24, 2016
♦
♦
♦
Notice of Request for Proposals
Pursuant to Chapters 403 and 2254, Subchapter A of the Texas Government Code; and Chapters 72 - 75 of the Texas Property Code, the
Texas Comptroller of Public Accounts ("Comptroller") announces the
issuance of its Request for Proposals ("RFP #218g") from qualified,
independent unclaimed property audit firms to assist Comptroller in
performing unclaimed property audit and related services for Comptroller, including but not limited to, the identification, processing, and
collection of unclaimed property due to the State of Texas under Chapters 72 - 75 of the Texas Property Code. Comptroller reserves the right
to award one or more contracts under this RFP. The successful respondent(s) will be expected to begin performance of the contract(s), if any,
awarded under this RFP on or about September 1, 2016.
Contact: The RFP will be available electronically on the Electronic
State Business Daily ("ESBD") at: http://esbd.cpa.state.tx.us on Friday,
June 3, 2016, after 10:00 a.m., Central Time ("CT"). Parties interested
in a hard copy of the RFP should contact Cynthia Stapper, Assistant
General Counsel, Contracts, Texas Comptroller of Public Accounts,
111 E. 17th St., Rm 201, Austin, Texas 78774 ("Issuing Office"), telephone number: (512) 305-8673.
Questions: All written questions must be received at the above-referenced address not later than 2:00 p.m. CT on Friday, June 10, 2016.
Questions received after this time and date will not be considered.
Prospective respondents are encouraged to fax or e-mail Questions to
(512) 463-3669 or contracts@cpa.texas.gov to ensure timely receipt.
On or about Friday, June 17, 2016, Comptroller expects to post responses to questions as an addendum to the Electronic State Business
Daily notice on the issuance of the RFP.
Closing Date: Proposals must be delivered to the Issuing Office no later
than 2:00 p.m. CT, on Friday, July 1, 2016. Proposals received in
IN ADDITION June 3, 2016
41 TexReg 4067
the Issuing Office after this time and date will not be considered.
Respondents shall be solely responsible for ensuring the timely receipt of their proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation
criteria outlined in the RFP. Comptroller shall make the final decision
on any contract award or awards resulting from the RFP. Comptroller
reserves the right, in its sole discretion, to accept or reject any or all
proposals submitted. Comptroller is not obligated to award or execute
any contracts on the basis of this notice or the distribution of any RFP.
Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP--June
3, 2016, after 10:00 a.m. CT; Questions Due--June 10, 2016, 2:00 p.m.
CT; Official Responses to Questions posted June 17, 2016, or as soon
thereafter as practical; Proposals Due--July 1, 2016, 2:00 p.m. CT;
Contract Execution--August 1, 2016, or as soon thereafter as practical; and Commencement of Project Activities--on or after September 1,
2016. Any amendment to this solicitation will be posted on the ESBD
as a RFP Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting
a Proposal.
TRD-201602548
Cynthia Stapper
Assistant General Counsel, Contracts
Filed: May 25, 2016
Technical Education, in the December 18, 2015 issue of the Texas Register (40 TexReg 9123). Three rules included language that would have
allowed the courses described to satisfy a mathematics or science graduation requirement; however, the State Board of Education voted to remove this language at adoption and it should not have been included.
The affected rules are §130.229 in Subchapter H, concerning Health
Science, and §130.409 and §130.416 in Subchapter O, concerning Science, Technology, Engineering, and Mathematics.
On page 9202, in §130.229(a), the sentence "This course satisfies a high
school mathematics graduation requirement." should be removed. The
corrected subsection reads as follows:
"(a) General requirements. This course is recommended for students
in Grades 11 and 12. Prerequisites: Geometry and Algebra II. Students
shall be awarded one credit for successful completion of this course."
On page 9246, in §130.409(a), the sentence "This course satisfies a high
school mathematics graduation requirement." should be removed. The
in Grades 10-12. Prerequisite: Robotics I. Students shall be awarded
one credit for successful completion of this course."
On page 9263, in §130.416(a), the sentence "This course satisfies a
high school science graduation requirement." should be removed. The
in Grades 11 and 12. Prerequisites: Biotechnology I and Chemistry.
Students must meet the 40% laboratory and fieldwork requirement.
Students shall be awarded one credit for successful completion of this
course."
Notice of Rate Ceilings
TRD-201602544
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The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in
§§303.003, 303.009 and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 05/30/16 - 06/05/16 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the
period of 05/30/16 - 06/05/16 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of
06/01/16 - 06/30/16 is 5.00% for Consumer/Agricultural/Commercial
credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of
06/01/16 - 06/30/16 is 5.00% for Commercial over $250,000.
1
Credit for personal, family or household use.
2
Credit for business, commercial, investment or other similar purpose.
TRD-201602522
Leslie L. Pettijohn
Commissioner
Filed: May 24, 2016
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Correction of Error
The Texas Education Agency (TEA) adopted 19 TAC Chapter 127,
Texas Essential Knowledge and Skills for Career Development, Subchapters A and B, in the September 25, 2015 issue of the Texas Register
(40 TexReg 6588). TEA adopted 19 TAC Chapter 130, Texas Essential
Knowledge and Skills for Career and Technical Education, Subchapters A-P, in two batches in the September 25, 2015 issue of the Texas
Register (40 TexReg 6596) and the December 18, 2015 issue of the
Texas Register (40 TexReg 9123). The adopted sections will take effect on August 28, 2017.
The first section in each of these subchapters addresses details related
to the implementation of the new Texas Essential Knowledge and Skills
(TEKS), including references to the sections adopted within the respective subchapter. Toward the end of the adoption of these TEKS,
the State Board of Education took action to adopt TEKS for additional
courses; however, due to error by TEA, the references to the span of
sections within the subchapters were not updated to reflect the additional courses. A total of 18 subchapters were adopted; all but three
subchapters need correction.
Chapter 127
Subchapter B, High School, §127.11 (correct span of sections is
§§127.12-127.16)
Correction of Error
The Texas Education Agency adopted new subchapters in 19 TAC
Chapter 130, Texas Essential Knowledge and Skills for Career and
June 3, 2016
♦
Consequently, TEA submits corrections to the implementation section
of each of the following subchapters:
41 TexReg 4068
♦
Texas Register
Chapter 130
Subchapter A, Agriculture, Food, and Natural Resources, §130.1 (correct span of sections is §§130.2-130.32)
Subchapter B, Architecture and Construction, §130.41 (correct span of
sections is §§130.42-130.72)
Subchapter C, Arts, Audio/Video Technology, and Communications,
§130.81 (correct span of sections is §§130.82-130.122)
Subchapter D, Business Management and Administration, §130.131
(correct span of sections is §§130.132-130.144)
Subchapter E, Education and Training, §130.161 (correct span of sections is §§130.162-130.166)
Subchapter G, Government and Public Administration, §130.201 (correct span of sections is §§130.202-130.211)
Subchapter I, Hospitality and Tourism, §130.251 (correct span of sections is §§130.252-130.263)
Subchapter J, Human Services, §130.271 (correct span of sections is
§§130.272-130.285)
Subchapter K, Information Technology, §130.301 (correct span of sections is §§130.302-130.314)
Subchapter L, Law, Public Safety, Corrections, and Security, §130.331
Subchapter M, Manufacturing, §130.351 (correct span of sections is
§§130.352-130.367)
Subchapter N, Marketing, §130.381 (correct span of sections is
§§130.382-130.389)
Subchapter O, Science, Technology, Engineering, and Mathematics,
§130.401 (correct span of sections is §§130.402-130.419)
Subchapter P, Transportation, Distribution, and Logistics, §130.441
TRD-201602550
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Contract Award Announcement
This contract award notice is being submitted by the Employees Retirement System of Texas with regard to a contract awarded to provide group vision care services for participants in the Texas Employees
Group Benefits Program ("Contract"). The Contract was awarded to:
Superior Vision, Inc.
939 Elkridge Landing Road, Suite 200
Linthicum, Maryland 21090
The value of the Contract is estimated to be $3,632,904. The Contract
was executed on May 17, 2016, and will be for an initial four-year term
beginning September 1, 2016, subject to the terms of the contract.
TRD-201602477
Paula A. Jones
Filed: May 19, 2016
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Contract Award Announcement
pharmacy benefit management services for the HealthSelectSM of Texas
Prescription Drug Plan ("HealthSelect PDP") and HealthSelectSM of
Texas Medicare Pharmacy Plan ("Medicare Rx PDP") for participants
in the Texas Employees Group Benefits Program. Both contracts were
awarded to:
United HealthCare Services, Inc.
9900 Bren Road East
Minnetonka, MN 55343
The HealthSelect PDP contract is for an initial term beginning January
1, 2017 and ending on August 31, 2022, subject to the terms of the
contract. The cost of the HealthSelect PDP contract is estimated to be
$12,729,000.
The Medicare Rx PDP contract is for an initial term beginning January
1, 2017 and ending on December 31, 2022, subject to the terms of the
contract. The cost of the Medicare Rx PDP contract is estimated to be
$46,979,000.
These contracts were executed on May 17, 2016.
TRD-201602478
Paula A. Jones
Filed: May 19, 2016
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Agreed Orders
The Texas Commission on Environmental Quality (TCEQ, agency or
commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs.
TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later
than the 30th day before the date on which the public comment period
closes, which in this case is July 5, 2016. TWC, §7.075 also requires
that the commission promptly consider any written comments received
and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with
the commission's regulatory authority. Additional notice of changes
to a proposed AO is not required to be published if those changes are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both
the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an
AO should be sent to the enforcement coordinator designated for each
AO at the commission's central office at P.O. Box 13087, Austin, Texas
78711-3087 and must be received by 5:00 p.m. on July 5, 2016. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that
comments on the AOs shall be submitted to the commission in writing.
This contract award notice is being submitted by the Employees Retirement System of Texas with regard to contracts awarded to provide
41 TexReg 4069
(1) COMPANY: Ascend Performance Materials Texas Incorporated; DOCKET NUMBER: 2016-0155-AIR-E; IDENTIFIER:
RN100238682; LOCATION: Alvin, Brazoria County; TYPE OF
FACILITY: chemical manufacturing plant; RULES VIOLATED: 30
TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and
Safety Code, §382.085(b), Federal Operating Permit Number O2164,
Special Terms and Conditions Number 16 and General Terms and
Conditions, and New Source Review Permit Numbers 18251 and
N011, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $13,125; Supplemental Environmental
Project offset amount of $5,250; ENFORCEMENT COORDINATOR:
Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: City of Arlington; DOCKET NUMBER: 20160012-MWD-E; IDENTIFIER: RN104950134; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: wastewater collection
system; RULE VIOLATED: TWC, §26.121(a)(1), by failing to
prevent an unauthorized discharge of wastewater from the collection
system into or adjacent to water in the state; PENALTY: $26,250;
Supplemental Environmental Project offset amount of $26,250;
ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512)
239-0779; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of Rhome; DOCKET NUMBER: 2016-0137PWS-E; IDENTIFIER: RN101406874; LOCATION: Rhome, Wise
County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and
Texas Health and Safety Code (THSC), §341.0315(c), by failing
to comply with the maximum contaminant level (MCL) of 0.060
milligrams per liter (mg/L) for haloacetic acids (HAA5), based on
the locational running annual average and failing to provide public
notification and to provide a copy of the notification to the executive
director (ED) regarding the failure to comply with the MCL for HAA5;
and 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and THSC,
§341.0315(c), by failing to comply with the MCL of 0.080 mg/L for
total trihalomethanes (TTHM), based on the locational running annual
average and failed to provide public notification and to provide a copy
of the notification to the ED regarding the failure to comply with the
MCL for TTHM; PENALTY: $690; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 2309
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: City of Seguin; DOCKET NUMBER: 20151774-WQ-E; IDENTIFIER: RN108806860; LOCATION: Seguin,
Guadalupe County; TYPE OF FACILITY: construction project;
RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal
Regulations §122.26(c), by failing to obtain authorization to discharge
stormwater associated with construction activity under Texas Pollutant
Discharge Elimination System General Permit Number TXR150000;
and TWC, §26.121(a)(2), by failing to prevent the unauthorized discharge of waste into or adjacent to any water in the state; PENALTY:
$3,937; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 14250 Judson Road, San
Antonio, Texas 78233-4480, (210) 490-3096.
(5) COMPANY: Daniel Castillo dba Raymond's Super Tire
Shop; DOCKET NUMBER: 2016-0524-MSW-E; IDENTIFIER:
RN108171562; LOCATION: Austin, Travis County; TYPE OF
FACILITY: tire shop; RULE VIOLATED: 30 TAC §328.56(c), by
failing to retain and make available upon request by agency personnel
original manifests, work orders, invoices, or other documentation used
to support activities related to the removal and management of all
scrap tires generated on-site; PENALTY: $1,250; ENFORCEMENT
COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL
41 TexReg 4070
June 3, 2016
Texas Register
OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753,
(512) 339-2929.
(6) COMPANY: Enbridge Pipelines (Texas Gathering) L.P.; DOCKET
NUMBER: 2016-0250-AIR-E; IDENTIFIER: RN104621073; LOCATION: Briscoe, Wheeler County; TYPE OF FACILITY: gas
compression plant; RULES VIOLATED: 30 TAC §122.143(4) and
§122.145(2)(C), Texas Health and Safety Code, §382.085(b), and
General Operating Permit Number 514/Federal Operating Permit
Number O2861, Site-Wide Requirements (b)(2), by failing to submit
a deviation report no later than 30 days after the end of the reporting
period; PENALTY: $3,000; ENFORCEMENT COORDINATOR:
Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3918
Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(7) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER:
2015-1839-AIR-E; IDENTIFIER: RN102579307; LOCATION:
Baytown, Harris County; TYPE OF FACILITY: petroleum refining plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.715(a),
and 122.143(4), Federal Operating Permit Number O1229, Special
Terms and Conditions Number 30, Flexible Permit Numbers 18287,
PSDTX730M4, and PAL7, Special Condition Number 1, and Texas
Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $50,000; Supplemental Environmental
Project offset amount of $25,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(8) COMPANY: F and Z ENTERPRISES INCORPORATED dba
Phillips Food Mart 2; DOCKET NUMBER: 2015-1582-PST-E;
IDENTIFIER: RN101617777; LOCATION: Houston, Harris County;
TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected
release to the TCEQ within 24 hours of discovery; 30 TAC §334.74,
by failing to investigate a suspected release of a regulated substance
within 30 days of discovery; and 30 TAC §334.50(b)(1)(A) and TWC,
§26.3475(c)(1), by failing to monitor the underground storage tanks
for releases at a frequency of at least once every month; PENALTY:
$30,480; ENFORCEMENT COORDINATOR: James Baldwin, (512)
239-1337; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: G4J Materials LLC; DOCKET NUMBER:
2016-0369-WQ-E; IDENTIFIER: RN107135113; LOCATION:
Weatherford, Parker County; TYPE OF FACILITY: quarry; RULES
VIOLATED: 30 TAC §§281.25(a)(4), 311.74(b)(1)(A), and 311.75,
by failing to obtain authorization to discharge water associated with
quarry activities to water in the state located in a water quality
protection area in the John Graves Scenic Riverway; PENALTY:
$1,250; ENFORCEMENT COORDINATOR: Austin Henck, (512)
Texas 76118-6951, (817) 588-5800.
(10) COMPANY: G-M Water Supply Corporation; DOCKET
NUMBER: 2016-0242-PWS-E; IDENTIFIER: RN101261691; LOCATION: Hemphill, Sabine County; TYPE OF FACILITY: public
water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas
Health and Safety Code (THSC), §341.0315(c), by failing to comply
with the maximum contaminant level of 0.080 milligrams per liter
(mg/L) for total trihalomethanes, based on the locational running
annual average; 30 TAC §290.115(f)(1) and THSC, §341.0315(c),
by failing to comply with the maximum contaminant level of 0.060
mg/L for haloacetic acids, based on the locational running annual
average; PENALTY: $1,620; ENFORCEMENT COORDINATOR:
David Carney, (512) 239-2583; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: HILL STONE COMPANY; DOCKET NUMBER:
2015-1527-MLM-E; IDENTIFIER: RN108719618; LOCATION: Jarrell, Williamson County; TYPE OF FACILITY: aggregate production
operation (APO); RULES VIOLATED: 30 TAC §342.25(b), by failing
to register the site as an APO no later than 10 business days before
the beginning date of regulated activities; 30 TAC §213.4(a)(1), by
failing to obtain approval of an Edwards Aquifer Protection Plan prior
to initiating a regulated activity over the Edwards Aquifer Recharge
Zone; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations
§122.26(c), by failing to obtain authorization to discharge stormwater under a Texas Pollutant Discharge Elimination System General
Permit associated with industrial activities; PENALTY: $47,188;
ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155;
REGIONAL OFFICE 12100 Park 35 Circle, Building A, Austin,
Texas 78753, (512) 339-2929.
(12) COMPANY: Ivest, L.P. dba Guardian Management; DOCKET
NUMBER: 2016-0227-PWS-E; IDENTIFIER: RN102675162; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water
supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A) and (i)(1)
and §290.122(c)(2)(A) and (f), by failing to collect lead and copper
samples at the required five sample sites and submit the results to the
executive director (ED) for the July 1, 2012 - December 31, 2012,
January 1, 2013 - June 30, 2013, July 1, 2013 - December 31, 2013,
and January 1, 2015 - June 30, 2015 monitoring periods and failing to
issue public notification and submit a copy of the public notification
to the ED regarding the failure to conduct lead and copper monitoring
for the January 1, 2015 - June 30, 2015 monitoring period; and 30
TAC §290.117(i)(6) and (j), by failing to mail consumer notification
of lead tap water monitoring results to persons served at the locations
that were sampled and failing to submit to the TCEQ a copy of the
consumer notification and certification that the consumer notification
has been distributed to the persons served at the locations in a manner
consistent with TCEQ requirements for the January 1, 2013 - June
30, 2013 monitoring period; PENALTY: $2,073; ENFORCEMENT
COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(13) COMPANY: Juan Carlos Garza as Trustee of Valley Hi Congregation of Jehovah's Witnesses, Mario A. Cortes as Trustee of Valley
Hi Congregation of Jehovah's Witnesses and Francisco C. Sanchez as
Trustee of Valley Hi Congregation of Jehovah's Witnesses; DOCKET
NUMBER: 2016-0253-PWS-E; IDENTIFIER: RN106540115; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: public
water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A) and (h)
and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and
copper tap samples at the required ten sample sites, have the samples
analyzed, and report the results to the executive director (ED) for the
and January 1, 2015 - June 30, 2015 monitoring periods and failing to
issue public notification and submit a copy of the public notification
to the ED regarding the failure to collect lead and copper tap samples
for the January 1, 2014 - June 30, 2014, July 1, 2014 - December 31,
2014, and January 1, 2015 - June 30, 2015 monitoring periods; and 30
TAC §290.122(c)(2)(A) and (f), by failing to issue public notification
and submit a copy of the public notification to the ED regarding the
failure to submit a Disinfectant Level Quarterly Operating Report for
the fourth quarter of 2013, the first quarter of 2014, and second quarter
of 2015; PENALTY: $762; ENFORCEMENT COORDINATOR:
Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(14) COMPANY: NEW CINGULAR WIRELESS PCS, LLC;
DOCKET
NUMBER:
2016-0412-EAQ-E;
IDENTIFIER:
RN108852781; LOCATION: Austin, Travis County; TYPE
OF FACILITY: commercial telecommunications office; RULE
VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of
an Edwards Aquifer Protection Plan prior to commencing a regulated
activity over the Edwards Aquifer Recharge Zone; PENALTY:
$1,875; ENFORCEMENT COORDINATOR: Alejandro Laje, (512)
239-2547; REGIONAL OFFICE: 12100 Park 35 Circle, Building A,
Austin, Texas 78753, (512) 339-2929.
(15) COMPANY: Red River Authority of Texas; DOCKET NUMBER:
2016-0438-PWS-E; IDENTIFIER: RN101237527; LOCATION:
Pottsboro, Grayson County; TYPE OF FACILITY: public water
supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas
Health and Safety Code (THSC), §341.0315(c), by failing to comply
with the maximum contaminant level (MCL) of 0.060 milligrams
per liter (mg/L) for haloacetic acids, based on the locational running
annual average; and 30 TAC §290.115(f)(1) and THSC, §341.0315(c),
by failing to comply with the MCL of 0.080 mg/L for total trihalomethanes, based on the locational running annual average;
PENALTY: $1,260; ENFORCEMENT COORDINATOR: Carol
McGrath, (210) 403-4063; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: TARIQ ENTERPRISES, INCORPORATED dba S
and S Fina Mart; DOCKET NUMBER: 2016-0295-PST-E; IDENTIFIER: RN102645025; LOCATION: Fort Worth, Tarrant County;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC,
for releases at a frequency of at least once every month; PENALTY:
$2,438; ENFORCEMENT COORDINATOR: Catherine Grutsch,
(512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: The Premcor Refining Group Incorporated;
DOCKET
NUMBER:
2016-0052-AIR-E;
IDENTIFIER:
RN102584026; LOCATION: Port Arthur, Jefferson County; TYPE
OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC
§§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source
Review Permit Numbers 6825A, PSDTX49, and N65, Special Conditions Number 1, Federal Operating Permit Number O1498, Special
Terms and Conditions Number 18, and Texas Health and Safety
Code, §382.085(b), by failing to prevent unauthorized emissions;
PENALTY: $140,000; Supplemental Environmental Project offset
amount of $70,000; ENFORCEMENT COORDINATOR: Raime
Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3870 Eastex
(18) COMPANY: Total Petrochemicals and Refining USA, Incorporated; DOCKET NUMBER: 2016-0219-AIR-E; IDENTIFIER:
RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE
OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC
§§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Federal Operating Permit Number O1267, Special Terms and Conditions Number
29, New Source Review Permit Numbers 46396, PSDTX1073M2,
and N044, Special Conditions Number 1, and Texas Health and Safety
Code, §382.085(b), by failing to prevent unauthorized emissions;
PENALTY: $6,563; Supplemental Environmental Project offset
amount of $2,625; ENFORCEMENT COORDINATOR: Raime
Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3870 Eastex
(19) COMPANY: WILLIAMS CHRYSLER, L.P.; DOCKET NUMBER: 2016-0483-PST-E; IDENTIFIER: RN101381614; LOCATION:
Weatherford, Parker County; TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC,
41 TexReg 4071
(USTs) for releases at a frequency of at least once every month; and
30 TAC §334.51(b)(2) and TWC, §26.3475(c)(2), by failing to equip
the UST system with a spill containment device that will prevent
the release of regulated substances to the environment; PENALTY:
$4,375; ENFORCEMENT COORDINATOR: Thomas Greimel, (512)
Texas 76118-6951, (817) 588-5800.
(20) COMPANY: WKP ENTERPRISES, INCORPORATED dba
Austin Landscape Supplies; DOCKET NUMBER: 2016-0401MLM-E; IDENTIFIER: RN101499879; LOCATION: Georgetown,
Williamson County; TYPE OF FACILITY: landscape supply and
municipal solid waste recycling and processing facility; RULES
VIOLATED: 30 TAC §332.8(c)(1), by failing to maintain a setback
distance of at least 50 feet from all property boundaries to the edge
of the area receiving, processing, or storing feedstock or finished
product; 30 TAC §213.8(a)(6), by failing to not cause, suffer, allow,
or permit the unauthorized discharge of industrial wastewater on
the Edwards Aquifer Recharge Zone that would create additional
pollutant loading; 30 TAC §281.25(a)(4), 40 Code of Federal Regulations (CFR) §122.26(c), and Texas Pollutant Discharge Elimination
System General Permit Number TXR050000, Part III, Section A,
Number 1(a), by failing to maintain a complete Stormwater Pollution
Prevention Plan; 30 TAC §324.6 and 40 CFR §279.22(c)(1), by failing
to mark or clearly label used oil storage containers with the words
'Used Oil'; and 30 TAC §324.4(1) and 40 CFR §279.22(d)(3), by
failing to prevent the disposal of used oil onto the ground and failed
to clean up and manage properly the released used oil; PENALTY:
$3,063; ENFORCEMENT COORDINATOR: Danielle Porras, (713)
767-3682; REGIONAL OFFICE: 12100 Park 35 Circle, Building A,
Austin, Texas 78753, (512) 339-2929.
TRD-201602514
Kathleen C. Decker
Director, Litigation Division
Filed: May 24, 2016
♦
♦
♦
An agreed order was adopted regarding Trinity Materials, Inc., Docket
No. 2014-1528-MLM-E on May 24, 2016 assessing $2,475 in administrative penalties with $495 deferred.
Information concerning any aspect of this order may be obtained by
contacting Had Darling, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087.
An agreed order was adopted regarding Swash Car Spa, LLC, Docket
No. 2015-1099-PST-E on May 24, 2016 assessing $7,271 in administrative penalties with $1,454 deferred.
contacting Steven Stump, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding Compass Well Services, LLC,
Docket No. 2015-1135-MLM-E on May 24, 2016 assessing $5,166 in
administrative penalties with $1,033 deferred.
contacting Steven Hall, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
June 3, 2016
contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding Aqua Development, Inc.,
Docket No. 2015-1225-MWD-E on May 24, 2016 assessing $3,501
in administrative penalties with $700 deferred.
contacting Christopher Bost, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding Donald S. Fletcher, Docket No.
2015-1226-WQ-E on May 24, 2016 assessing $6,700 in administrative
penalties with $1,340 deferred.
Information concerning any aspect of this order may be obtained
by contacting Alejandro Laje, Enforcement Coordinator at (512)
239-2545, Texas Commission on Environmental Quality, P.O. Box
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding G&S LAKESIDE LEASING,
LLC, Docket No. 2015-1295-WQ-E on May 24, 2016 assessing $5,000
in administrative penalties with $1,000 deferred.
contacting Ronica Rodriguez, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding City of Haskell, Docket No.
2015-1443-MWD-E on May 24, 2016 assessing $3,300 in administrative penalties with $660 deferred.
Enforcement Orders
41 TexReg 4072
An agreed order was adopted regarding AMERICALF, LLC,
Joe Mendes Borges, and Mary Francis Borges, Docket No.
2015-1208-AGR-E on May 24, 2016 assessing $2,250 in administrative penalties with $450 deferred.
Texas Register
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding DOG RIDGE WATER SUPPLY CORPORATION, Docket No. 2015-1536-PWS-E on May 24,
2016 assessing $1,458 in administrative penalties with $291 deferred.
contacting Michaelle Garza, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding H.E. LAKES DEVELOPMENT CORPORATION, Docket No. 2015-1550-MLM-E on May 24,
contacting Austin Henck, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding TEXAN TULIP, INC. dba Toucan's Convenience, Docket No. 2015-1690-PWS-E on May 24, 2016
assessing $469 in administrative penalties with $93 deferred.
contacting Katy Montgomery, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding PINE KNOB ESTATE WATER, INC., Docket No. 2015-1701-PWS-E on May 24, 2016 assessing $2,292 in administrative penalties with $458 deferred.
An agreed order was adopted regarding Aqua Utilities, Inc., Docket
No. 2016-0059-PWS-E on May 24, 2016 assessing $142 in administrative penalties with $28 deferred.
contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding E. I. du Pont de Nemours and
Company, Docket No. 2015-1753-AIR-E on May 24, 2016 assessing
$7,500 in administrative penalties with $1,500 deferred.
An agreed order was adopted regarding Preferred Petroleum Services
Inc, Docket No. 2016-0076-PST-E on May 24, 2016 assessing $4,606
in administrative penalties with $921 deferred.
by contacting Eduardo Heras, Enforcement Coordinator at (512)
13087, Austin, Texas 78711-3087.
contacting John Fennell, Enforcement Coordinator at (512) 239-2545,
Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087. A field citation was adopted regarding
Couto Homes, Inc., Docket No. 2016-0394-WQ-E on May 24, 2016
assessing $875 in administrative penalties.
An agreed order was adopted regarding Vernor Material & Equipment
Co., Inc., Docket No. 2015-1762-WQ-E on May 24, 2016 assessing
contacting Jill Russell, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding Wickson Creek Special Utility
District, Docket No. 2015-1766-PWS-E on May 24, 2016 assessing
$345 in administrative penalties with $69 deferred.
contacting Epifanio Villareal, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding German N. Vega dba G & C
Convenience Store, Docket No. 2015-1789-PST-E on May 24, 2016
assessing $5,818 in administrative penalties with $1,163 deferred.
by contacting James Baldwin, Enforcement Coordinator at (512)
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding Valero Refining-Texas, L.P.,
Docket No. 2015-1795-AIR-E on May 24, 2016 assessing $500 in
administrative penalties with $100 deferred.
by contacting Carol McGrath, Enforcement Coordinator at (512)
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding Williamson Travis Counties
Municipal Utility District 1, Docket No. 2015-1796-WQ-E on May 24,
Texas 78711-3087.
An agreed order was adopted regarding Town of Anthony, Docket No.
2015-1847-MWD-E on May 24, 2016 assessing $6,250 in administrative penalties with $1,250 deferred.
by contacting Steven Van Landingham, Enforcement Coordinator at
(512) 239-2545, Texas Commission on Environmental Quality, P.O.
Box 13087, Austin, Texas 78711-3087.
contacting Jill Russell, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding LAKESHORE UTILITY
COMPANY, Docket No. 2014-1469-PWS-E on May 25, 2016 assessing $6,955 in administrative penalties.
contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-3400,
An agreed order was adopted regarding PINEYWOODS BAPTIST
ENCAMPMENT, Docket No. 2014-1501-MWD-E on May 25, 2016
contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding City of Pasadena, Docket No.
2015-0087-MWD-E on May 25, 2016 assessing $42,188 in administrative penalties.
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding American Water Operations
and Maintenance, Inc., Docket No. 2015-0606-WQ-E on May 25,
2016 assessing $7,500 in administrative penalties.
contacting Had Darling, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087. A default order was adopted regarding Larry Hill,
Docket No. 2015-0777-MSW-E on May 25, 2016 assessing $1,312 in
administrative penalties.
contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-3400,
An agreed order was adopted regarding Our Lady of Atonement
Catholic Church, Docket No. 2015-0898-EAQ-E on May 25, 2016
41 TexReg 4073
contacting Cheryl Thompson, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087. A default order was adopted regarding Signal International Texas, L.P., Docket No. 2015-0986-AIR-E on May
25, 2016 assessing $2,813 in administrative penalties.
contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was adopted regarding Chevron Phillips Chemical
Company LP, Docket No. 2015-1059-AIR-E on May 25, 2016 assessing $11,550 in administrative penalties with $2,310 deferred.
contacting Jennifer Nguyen, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding Barbara E. Kiolbassa dba River
Oaks Ranch Subdivision and John W. Kiolbassa dba River Oaks Ranch
Subdivision, Docket No. 2015-1081-PWS-E on May 25, 2016 assessing $2,129 in administrative penalties.
contacting Katy Montgomery, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding S & A OIL CO., INC. dba
Handi Stop 91, Docket No. 2015-1085-PST-E on May 25, 2016 assessing $8,685 in administrative penalties.
contacting Ian Groetsch, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.
An agreed order was adopted regarding TRAILSWEST MOBILE
HOME PARK, LLC, Docket No. 2015-1097-PWS-E on May 25,
2016 assessing $2,525 in administrative penalties.
contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas
78711-3087.
An agreed order was adopted regarding Forester Estates, LLC dba
Cedar Grove Park, Docket No. 2015-1119-PWS-E on May 25, 2016
assessing $2,973 in administrative penalties.
contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas
78711-3087.
An agreed order was adopted regarding City of Tenaha, Docket No.
2015-1156-PWS-E on May 25, 2016 assessing $420 in administrative
penalties.
contacting Jim Fisher, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding Total Petrochemicals & Refining USA, Inc., Docket No. 2015-1184-AIR-E on May 25, 2016 assessing $113,354 in administrative penalties with $22,670 deferred.
41 TexReg 4074
June 3, 2016
Texas Register
An agreed order was adopted regarding Oxy Vinyls, LP, Docket No.
2015-1241-AIR-E on May 25, 2016 assessing $13,680 in administrative penalties with $2,736 deferred.
contacting Raime Hayes-Falero, Enforcement Coordinator at (512)
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding Smith Oil Company, Inc.,
Docket No. 2015-1301-PST-E on May 25, 2016 assessing $22,720 in
contacting Abigail Lindsey, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding Total Petrochemicals & Refining USA, Inc., Docket No. 2015-1302-AIR-E on May 25, 2016 assessing $65,000 in administrative penalties.
An agreed order was adopted regarding Howard C. Bigham Jr. dba Key
Mobile Home Park, Docket No. 2015-1365-PWS-E on May 25, 2016
contacting Yuliya Dunaway, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding CIRCLE K STORES INC.,
Docket No. 2015-1407-PST-E on May 25, 2016 assessing $17,587 in
13087, Austin, Texas 78711-3087.
An agreed order was adopted regarding Enterprise Products Operating LLC, Docket No. 2015-1416-IWD-E on May 25, 2016 assessing
Texas 78711-3087.
An agreed order was adopted regarding KIA ENTERPRISES, INC. dba
Iffi Stop 1 Food Market, Docket No. 2015-1431-PWS-E on May 25,
2016 assessing $200 in administrative penalties.
contacting Epifanio Villareal, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087,
An agreed order was adopted regarding AMY OIL & GAS INC. dba
Lone Star Supermarket, Docket No. 2015-1453-PST-E on May 25,
2016 assessing $10,608 in administrative penalties with $2,121 deferred.
13087, Austin, Texas 78711-3087.
contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding ESPERANZA WATER SERVICE COMPANY, INC., Docket No. 2015-1491-PWS-E on May 25,
2016 assessing $202 in administrative penalties.
An agreed order was adopted regarding Brian K. Carroll dba Artesian
Springs, LLC, Docket No. 2015-1593-PWS-E on May 25, 2016 assessing $918 in administrative penalties.
contacting James Boyle, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
Texas 78711-3087.
An agreed order was adopted regarding BARTON WATER SUPPLY
CORPORATION, Docket No. 2015-1510-PWS-E on May 25, 2016
An agreed order was adopted regarding City of Lorena, Docket No.
penalties.
contacting Kingsley Coppinger, Enforcement Coordinator at (512)
13087, Austin, Texas 78711-3087.
contacting Steven Stump, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding ALON USA, LP, Docket No.
2015-1519-IWD-E on May 25, 2016 assessing $45,000 in administrative penalties with $9,000 deferred.
An agreed order was adopted regarding Riviera Water System, Inc.,
Docket No. 2015-1644-PWS-E on May 25, 2016 assessing $1,222 in
administrative penalties.
Box 13087, Austin, Texas 78711-3087.
contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding City of Ore City, Docket No.
2015-1524-MWD-E on May 25, 2016 assessing $17,325 in administrative penalties.
An agreed order was adopted regarding City of Falfurrias, Docket No.
penalties.
Box 13087, Austin, Texas 78711-3087.
Texas 78711-3087.
An agreed order was adopted regarding Victoria County Water Control
and Improvement District No. 2, Docket No. 2015-1538-PWS-E on
May 25, 2016 assessing $687 in administrative penalties.
TRD-201602580
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
An agreed order was adopted regarding City of Toyah, Docket No.
penalties.
An agreed order was adopted regarding POST OAK HILL WATER
SUPPLY CORPORATION and Mert Way, Docket No. 2015-1584PWS-E on May 25, 2016 assessing $932 in administrative penalties.
contacting Steven Hall, Enforcement Coordinator at (512) 239-2545,
Texas 78711-3087.
An agreed order was adopted regarding City of Lueders, Docket No.
penalties.
♦
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♦
Notice of Application and Public Hearing for an Air Quality
Standard Permit for a Concrete Batch Plant with Enhanced
Controls Proposed Air Quality Registration Number 140257
APPLICATION. BC Materials, LLC, P.O. Box 249, Hewitt, Texas
76643-0249 has applied to the Texas Commission on Environmental
Quality (TCEQ) for an Air Quality Standard Permit for a Concrete
Batch Plant with Enhanced Controls Registration, Number 140257,
to authorize the operation of a concrete batch plant. The facility
is proposed to be located on the east side of County Road 105 approximately 1.09 miles south of Highway 21, Caldwell, Burleson
County, Texas 77836. This link to an electronic map of the site
or facility's general location is provided as a public courtesy and
not part of the application or notice. For exact location, refer
to application.
http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.509166&lng=-96.711944&zoom=13&type=r. This
application was submitted to the TCEQ on April 27, 2016. The
primary function of this plant is to manufacture concrete by mixing
materials including (but not limited to) sand, aggregate, cement and
41 TexReg 4075
water. The executive director has determined the application was
technically complete on May 4, 2016.
PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the
public comment period. The public comment period begins on the
first date notice is published and extends to the close of the public
hearing. Public comments may be submitted either in writing to the
Texas Commission on Environmental Quality, Office of the Chief
Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/about/comments.html. If you choose
to communicate with the TCEQ electronically, please be aware that
your email address, like your physical mailing address, will become
part of the agency's public record.
A public hearing has been scheduled that will consist of two parts, an
informal discussion period and a formal comment period. During the
informal discussion period, the public is encouraged to ask questions of
the applicant and TCEQ staff concerning the application, but comments
made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal
response will be made to the informal comments. During the formal
comment period, members of the public may state their comments into
the official record. Written comments about this application may also
be submitted at any time during the hearing. The purpose of a public
hearing is to provide the opportunity to submit written comments or
an oral statement about the application. The public hearing is not an
evidentiary proceeding.
The Public Hearing is to be held:
Monday, June 27, 2016, at 6:00 p.m.
Caldwell Civic/Visitors Center
103 Presidential Corridor Highway 21 West
Caldwell, Texas 77836
RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision
on the application, will be mailed to everyone who submitted public
comments and the response to comments will be posted in the permit
file for viewing.
The executive director shall approve or deny the application not later
than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on
whether the application meets the requirements of the standard permit.
CENTRAL/REGIONAL OFFICE. The application will be available
for viewing and copying at the TCEQ Central Office and the TCEQ
Waco Regional Office, located at 6801 Sanger Ave. Ste. 2500, Waco,
Texas 76710-7826, during the hours of 8:00 a.m. to 5:00 p.m., Monday
through Friday, beginning the first day of publication of this notice.
INFORMATION. If you need more information about this permit
application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información
en español, puede llamar al (800) 687-4040.
Further information may also be obtained from BC Materials, LLC,
P.O. Box 249, Hewitt, Texas 76643-0249, or by calling Mrs. Kathryn
Sipe, Environmental Specialist, Westward Environmental, Inc. at
(830) 249-8284.
Notice Issuance Date: May 18, 2016
TRD-201602585
41 TexReg 4076
June 3, 2016
Texas Register
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
♦
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♦
Notice of District Petition
Notice issued May 20, 2016.
Texas Commission on Environmental Quality (TCEQ) Internal Control No. D-04082016-012; HM Parten Ranch Development, Inc. (Petitioner) filed a petition for creation of Springhollow Municipal Utility
District of Hays County (District) with the TCEQ. The petition was
filed pursuant to Article XVI, §59 of the Constitution of the State of
Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ.
The petition states that: (1) the Petitioner holds title to a majority in
value of the land to be included in the proposed District; (2) there is
only one lienholder, International Bank of Commerce on the property
to be included in the proposed District and the before mentioned entity has consented to the petition; (3) the proposed District will contain
approximately 531.542 acres located within Hays County, Texas; and
(4) the proposed District is within the extraterritorial jurisdiction of the
City of Dripping Springs, Texas, and no portion of land within the proposed District is located outside the corporate limits of any other city,
town or village in Texas. By Resolution No. 2008-3, passed and approved December 11, 2007, and Resolution No. 2016-13, passed and
approved January 19, 2016, the City of Dripping Springs gave its consent to the creation of the proposed District, pursuant to Texas Water
Code §54.016. According to the petition, a preliminary investigation
has been made to determine the cost of the project, and it is estimated
by the Petitioner, from the information available at this time, that the
cost of said project will be approximately $42,550,000 ($37,950,000
for utilities plus $4,600,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at
www.tceq.texas.gov/comm_exec/cc/pub_notice.html or call the Office
of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete
notice. When searching the web site, type in the issued date range
shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must
submit the following: (1) your name (or for a group or association, an
official representative), mailing address, daytime phone number, and
fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case
hearing"; (4) a brief description of how you would be affected by the
petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries.
You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information
section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30
days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and
will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If
a contested case hearing is held, it will be a legal proceeding similar
to a civil trial in state district court. Written hearing requests should
be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O.
Box 13087, Austin, Texas 78711-3087. For information concerning
the hearing process, please contact the Public Interest Counsel, MC
103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at
(512) 239-4691. Si desea información en español, puede llamar al
(512) 239-0200. General information regarding TCEQ can be found
at our web site at www.tceq.texas.gov.
Issued in Austin, Texas on May 24, 2016
TRD-201602542
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
♦
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Notice of Informational Meeting on Air Quality Standard
Permit for Permanent Rock and Concrete Crushers by La Bala
De Plata Investments, LLC, Proposed Air Quality Registration
Number 139539
APPLICATION. La Bala de Plata Investments, LLC, P.O. Box 1631,
Blanco, Texas 78606-1631 has applied to the Texas Commission
on Environmental Quality (TCEQ) for an Air Quality Standard
Permit, Registration Number 139539, which would authorize construction of a permanent rock crusher. The facility is proposed to
be located at 8277 East U.S. Highway 290, Johnson City, Blanco
County, Texas 78636. This link to an electronic map of the site
or facility's general location is provided as a public courtesy and
not part of the application or notice. For exact location, refer
to application.
http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.1994&lng=-98.2503&zoom=13&type=r.
This
application was submitted to the TCEQ on March 23, 2016. The executive director determined the application was technically complete
on March 29, 2016.
The TCEQ will conduct an informational meeting to answer questions
and discuss the application. The meeting will be held:
Thursday, June 2, 2016 at 7:00 PM
Lyndon B. Johnson High School Commons Area
505 North Nugent
Johnson City, Texas 78636
INFORMATION. For more information about this permit application
or the permitting process, please call the Public Education Program toll
free at 1-800-687-4040. General information can be found at our web
site at www.tceq.texas.gov. Si desea información en español, puede
llamar al 1 800-687-4040.
Persons with disabilities who need special accommodations at the
meeting should call the Office of the Chief Clerk at (512) 239-3300 or
1-800-RELAY-TX (TDD) at least one week prior to the meeting.
Issued: May 23, 2016
TRD-201602586
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
♦
♦
♦
Notice of Opportunity to Comment on Agreed Orders of
Administrative Enforcement Actions
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on
the listed Agreed Orders (AOs) in accordance with Texas Water Code
(TWC), §7.075. TWC, §7.075 requires that before the commission
may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075
requires that notice of the opportunity to comment must be published in
the Texas Register no later than the 30th day before the date on which
the public comment period closes, which in this case is July 5, 2016.
TWC, §7.075 also requires that the commission promptly consider any
written comments received and that the commission may withdraw or
withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the statutes and rules within
the commission's jurisdiction or the commission's orders and permits
issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both
the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO
should be sent to the attorney designated for the AO at the commission's
central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087
and must be received by 5:00 p.m. on July 5, 2016. Comments may
also be sent by facsimile machine to the attorney at (512) 239-3434.
The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075
provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: ARSHAM METAL INDUSTRIES, INC.; DOCKET
NUMBER: 2015-0858-AIR-E; TCEQ ID NUMBER: RN100902543;
LOCATION: 11280 Charles Road, Houston, Harris County; TYPE
OF FACILITY: secondary aluminum production facility; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30
TAC §116.115(c), and New Source Review (NSR) Permit Number
50288, Special Conditions Numbers 5, 6, and 7, by failing to conduct quarterly visible emissions observations; THSC, §382.085(b), 30
TAC §116.115(c), and NSR Permit Number 50288, Special Condition
Number 30.C., by failing to maintain records; THSC, §382.085(b), 30
TAC §113.750 and §116.115(c), 40 Code of Federal Regulations (CFR)
§63.1517(a) and (b), and NSR Permit Number 50288, Special Condition Number 4.B., by failing to comply with the recordkeeping requirements of 40 CFR Part 63, Subpart RRR; THSC, §382.085(b), 30 TAC
§116.115(c), and NSR Permit Number 50288, Special Condition Number 17, by failing to store particulate matter collected by the baghouse
filter in closed containers and handle in a manner to prevent the material from becoming airborne until proper disposition is complete; and
THSC, §382.085(a) and (b) and 30 TAC §101.4, by causing, suffering, allowing, and permitting an odor nuisance; PENALTY: $30,449;
STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division,
MC 175, (512) 239-2008; REGIONAL OFFICE: Houston Regional
Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713)
767-3500.
(2) COMPANY: Blueberry Hills Water Works, L.L.C.; DOCKET
NUMBER: 2015-0736-PWS-E; TCEQ ID NUMBER: RN101191229;
LOCATION: 2326 United States Highway 59 West, Beeville, Bee
County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC
§290.115(f)(1), by failing to comply with the maximum containment
level of 0.080 milligrams per liter for total trihalomethanes, based
on the locational running annual average; PENALTY: $345; STAFF
ATTORNEY: David A. Terry, Litigation Division, MC 175, (512)
41 TexReg 4077
239-0619; REGIONAL OFFICE: Corpus Christi Regional Office,
NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus
Christi, Texas 78412-5839, (361) 825-3100.
(3) COMPANY: Mary Regina Hunt; DOCKET NUMBER:
2015-0705-MSW-E; TCEQ ID NUMBER: RN107151995; LOCATION: 1395 County Road 295, Jasper, Jasper County; TYPE OF
FACILITY: real property; RULE VIOLATED: 30 TAC §330.15(c), by
causing, suffering, allowing, or permitting the unauthorized disposal
of municipal solid waste; PENALTY: $3,937; STAFF ATTORNEY:
Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1830, (409) 898-3838.
(4) COMPANY: Smith Oil Company, Inc. dba Ottos 15; DOCKET
NUMBER: 2015-1259-PST-E; TCEQ ID NUMBER: RN101819944;
LOCATION: 1109 East End Boulevard, Marshall, Harrison County;
TYPE OF FACILITY: underground storage tank (UST) system and a
convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a
previously issued UST delivery certificate by submitting a properly
completed UST registration and self-certification form at least 30
days before the expiration date; TWC, §26.3467(a) and 30 TAC
§334.8(c)(5)(A)(i), by failing to make available to a common carrier
a valid, current TCEQ delivery certificate before accepting delivery
of a regulated substance into the USTs; TWC, §26.3475(c)(1) and 30
TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases
at a frequency of at least once every month (not to exceed 35 days
between each monitoring); and 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property
damage caused by accidental releases arising from the operation of
the petroleum USTs; PENALTY: $13,628; STAFF ATTORNEY: Ryan
Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL
OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas
75701-3734, (903) 535-5100.
(5) COMPANY: W.T. Byler Co., Inc.; DOCKET NUMBER:
2014-1699-AIR-E; TCEQ ID NUMBER: RN105623466; LOCATION: Channelview, Harris County; TYPE OF FACILITY:
portable air curtain incinerator; RULES VIOLATED: Texas Health
and Safety Code (THSC), §382.085(b), 30 TAC §§122.143(4),
122.145(2)(B), and 122.146(1) and (2), Federal Operating Permit
(FOP) O-3718/General Operating Permit (GOP) Number 518, Terms
and Conditions (b)(4)(C)(ii) and (D), and TCEQ AO Docket Number
2011-0995-AIR-E, Ordering Provision Number 2.a.i., by failing to
submit semi-annual deviation reports and an annual permit compliance
certification timely and accurately; and THSC, §382.085(b), 30 TAC
§122.143(4), FOP O-3718/GOP Number 518, Terms and Conditions
(b)(13)(B)(i), and TCEQ AO Docket Number 2011-0995-AIR-E,
Ordering Provision Number 2.a.ii., by failing to perform quarterly
visible emissions observations; PENALTY: $11,901; STAFF ATTORNEY: David A. Terry, Litigation Division, MC 175, (512) 239-0619;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street,
Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-201602516
Kathleen C. Decker
Filed: May 24, 2016
♦
♦
♦
Notice of Opportunity to Comment on Default Orders of
Administrative Enforcement Actions
41 TexReg 4078
June 3, 2016
Texas Register
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on
the listed Default Orders (DOs). The commission staff proposes a DO
when the staff has sent an executive director's preliminary report and
petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring
the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests
a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code
(TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the Texas Register no later than the 30th
day before the date on which the public comment period closes, which
in this case is July 5, 2016. The commission will consider any written
comments received, and the commission may withdraw or withhold
approval of a DO if a comment discloses facts or considerations that
indicate that consent to the proposed DO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and
rules within the commission's jurisdiction, or the commission's orders
and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required
to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both
the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO
should be sent to the attorney designated for the DO at the commission's
central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087
and must be received by 5:00 p.m. on July 5, 2016. Comments may
also be sent by facsimile machine to the attorney at (512) 239-3434.
The commission's attorneys are available to discuss the DOs and/or
the comment procedure at the listed phone numbers; however, TWC,
§7.075 provides that comments on the DOs shall be submitted to the
commission in writing.
(1) COMPANY: Maher Abdelrahim Zardeh; DOCKET NUMBER:
2015-1406-PST-E; TCEQ ID NUMBER: RN102277415; LOCATION: 3319 East Belknap Street, Fort Worth, Tarrant County; TYPE
OF FACILITY: inactive underground storage tank (UST) system;
RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently
remove from service, no later than 60 days after the prescribed implementation date, a UST system for which any applicable component
is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to provide an amended
registration for any change or additional information regarding the
USTs within 30 days from the date of the occurrence of the change
or addition; PENALTY: $11,375; STAFF ATTORNEY: Isaac Ta,
Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Trident Environmental Resource Consulting, LLC;
DOCKET NUMBER: 2015-0067-MSW-E; TCEQ ID NUMBER:
RN100735208; LOCATION: 3765 County Road 2135, Telephone,
Fannin County; TYPE OF FACILITY: scrap tire processing facility;
RULE VIOLATED: 30 TAC §328.63(c), by failing to obtain a scrap
tire facility registration prior to commencing operations; PENALTY:
$2,625; STAFF ATTORNEY: J. Amber Ahmed, Litigation Division,
MC 175, (512) 239-1204; REGIONAL OFFICE: Dallas-Fort Worth
Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-201602517
tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the
same P.O. Box address given above, or by telephone at (512) 239-6363.
Kathleen C. Decker
Filed: May 24, 2016
♦
♦
♦
Notice of Public Hearing
on Assessment of Administrative Penalties and Requiring Certain Actions of H Shaheen LLC d/b/a AM Food Mart
SOAH Docket No. 582-16-4245
TCEQ Docket No. 2015-0973-PST-E
The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative
Hearings (SOAH). An Administrative Law Judge with the State Office
of Administrative Hearings will conduct a public hearing at:
10:00 a.m. - June 23, 2016
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701
The purpose of the hearing will be to consider the Executive Director's
Preliminary Report and Petition mailed January 4, 2016 concerning assessing administrative penalties against and requiring certain actions of
H Shaheen LLC d/b/a AM Food Mart, for violations in Harris County,
Texas, of: Tex. Water Code §§26.3475(c)(1) and (d) and 30 Tex. Admin. Code §334.49(c)(2)(C) and §334.50(b)(1)(A).
The hearing will allow H Shaheen LLC d/b/a AM Food Mart, the Executive Director, and the Commission's Public Interest Counsel to present
evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any.
The first convened session of the hearing will be to establish jurisdiction, afford H Shaheen LLC d/b/a AM Food Mart, the Executive Director of the Commission, and the Commission's Public Interest Counsel
an opportunity to negotiate and to establish a discovery and procedural
schedule for an evidentiary hearing. Unless agreed to by all parties in
attendance at the preliminary hearing, an evidentiary hearing will not
be held on the date of this preliminary hearing. Upon failure of H
Shaheen LLC d/b/a AM Food Mart to appear at the preliminary
hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the
notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. H Shaheen LLC d/b/a AM Food
Mart, the Executive Director of the Commission, and the Commission's
Public Interest Counsel are the only designated parties to this proceeding.
Legal Authority: Tex. Water Code §7.054 and chs. 7 and 26 and 30
Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and
the Rules of Procedure of the Texas Commission on Environmental
Quality and the State Office of Administrative Hearings, including 30
Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin.
Code ch. 155.
Further information regarding this hearing may be obtained by contacting Clayton Smith, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087,
Austin, Texas 78711-3087, telephone (512) 239-3400. Information
concerning your participation in this hearing may be obtained by con-
Any document filed prior to the hearing must be filed with
TCEQ's Office of the Chief Clerk and SOAH. Documents filed
with the Office of the Chief Clerk may be filed electronically at
http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box
13087, Austin, Texas 78711-3087. Documents filed with SOAH may
be filed via fax at (512) 322-2061 or sent to the following address:
SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When
contacting the Commission or SOAH regarding this matter, reference
the SOAH docket number given at the top of this notice.
Persons who need special accommodations at the hearing should call
the SOAH Docketing Department at (512) 475-3445, at least one week
before the hearing.
TRD-201602588
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
♦
♦
♦
on Assessment of Administrative Penalties and Requiring Certain Actions of Chaklashia Enterprises, Inc. d/b/a Sunmart 290
SOAH Docket No. 582-16-4178
TCEQ Docket No. 2015-1464-PST-E
The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative
Hearings (SOAH). An Administrative Law Judge with the State Office
of Administrative Hearings will conduct a public hearing at:
10:00 a.m. - June 23, 2016
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701
The purpose of the hearing will be to consider the Executive Director's
Preliminary Report and Petition mailed January 26, 2016 concerning
assessing administrative penalties against and requiring certain actions
of CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290, for violations in Harris County, Texas, of: Tex. Water Code §26.3475(c)(1)
and 30 Tex. Admin. Code §334.50(b)(1)(A).
The hearing will allow CHAKLASHIA ENTERPRISES, INC. d/b/a
Sunmart 290, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred,
whether an administrative penalty should be assessed, and the amount
of such penalty, if any. The first convened session of the hearing will
be to establish jurisdiction, afford CHAKLASHIA ENTERPRISES,
INC. d/b/a Sunmart 290, the Executive Director of the Commission,
and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the
preliminary hearing, an evidentiary hearing will not be held on the date
of this preliminary hearing. Upon failure of CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290 to appear at the preliminary
hearing or evidentiary hearing, the factual allegations in the notice
will be deemed admitted as true, and the relief sought in the no-
41 TexReg 4079
tice of hearing may be granted by default. The specific allegations
included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. CHAKLASHIA ENTERPRISES,
INC. d/b/a Sunmart 290, the Executive Director of the Commission,
and the Commission's Public Interest Counsel are the only designated
parties to this proceeding.
Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7
and 26, and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code
§7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings,
including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and
1 Tex. Admin. Code ch. 155.
Further information regarding this hearing may be obtained by contacting Amanda Patel, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087,
Austin, Texas 78711-3087, telephone (512) 239-3400. Information
concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the
same P.O. Box address given above, or by telephone at (512) 239-6363.
Any document filed prior to the hearing must be filed with
TCEQ's Office of the Chief Clerk and SOAH. Documents filed
with the Office of the Chief Clerk may be filed electronically at
http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box
13087, Austin, Texas 78711-3087. Documents filed with SOAH may
be filed via fax at (512) 322-2061 or sent to the following address:
SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When
contacting the Commission or SOAH regarding this matter, reference
the SOAH docket number given at the top of this notice.
Persons who need special accommodations at the hearing should call
the SOAH Docketing Department at (512) 475-3445, at least one week
before the hearing.
TRD-201602591
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
♦
♦
♦
Notice of Water Rights Application
Notices issued May 10, 2016 through May 20, 2016.
APPLICATION NO. 13245; Sunoco Partners Marketing & Terminals
LP, P.O. Box 758, Nederland, Texas 77627, Applicant, has applied for
a water use permit to divert and use not to exceed 1,000 acre-feet of water per year from four points located on the Neches River, Neches River
Basin, for industrial purposes in Jefferson County. The application was
received on December 18, 2015. Additional information and fees were
received on December 30, 2015 and March 21, 2016. The application
was declared administratively complete and filed with the Texas Commission on Environmental Quality (TCEQ) Office of the Chief Clerk
on March 8, 2016. The TCEQ Executive Director has completed the
technical review of the application and prepared a draft permit. The
draft permit, if granted, would contain special conditions including,
but not limited to, installing a measuring device. The application and
Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building
F, Austin, Texas 78753. Written public comments and requests for a
public meeting should be submitted to the Office of Chief Clerk, at the
41 TexReg 4080
June 3, 2016
Texas Register
address provided in the information section below, within 30 days of
the date of newspaper publication of the notice.
APPLICATION NO. 13096; Star Golf Partners, Ltd., 2500 FM 685,
Hutto, Texas 78634, and SWWC Utilities, Inc., 9511 N FM 620,
Austin, Texas 78726, has applied for a water use permit to use the
bed and banks of an unnamed tributary of Brushy Creek to convey
groundwater-based return flows. Star Golf Partners, Ltd. has applied
to divert and impound those return flows as well as contract water
in three reservoirs on an unnamed tributary of Brushy Creek, Brazos
River Basin, for recreational and subsequent diversion for agricultural
purposes in Williamson County. The application and fees were received on December 13, 2013. Additional information and fees were
received January 15, 2014, January 23, February 6, March 12, May
19, May 20, June 02, July 13, and August 3, 2015. The application
was declared administratively complete and filed with the Office of the
Chief Clerk on August 4, 2015. Additional information was received
on October 15, October 20, and December 16, 2015; and February 26
and April 28, 2016. The TCEQ Executive Director has completed the
technical review of the application and prepared a draft permit. The
draft permit, if granted, would contain special conditions including,
but not limited to, a requirement to maintain the impoundments full
with an alternate source of water, instream flow requirements, and the
maintenance of an accounting plan. The application and Executive
Director's draft permit are available for viewing and copying at the
Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin,
Texas 78753. Written public comments and requests for a public
meeting should be submitted to the Office of Chief Clerk, at the
address provided in the information section below, within 30 days of
the date of newspaper publication of the notice.
APPLICATION NO. 5603A; William Gavranovic, Jr., 5713 CR 156,
Wharton, Texas 77488, Applicant or Permittee, has applied to amend
Water Use Permit No. 5603 to extend or delete the expiration date of
the permit and reduce the total authorized diversion amount to 3,210
acre-feet of water per year from the Old River and the Brazos River,
Brazos River Basin, for agricultural purposes in Burleson County. The
application and a portion of the fees were received on December 3,
2008. Additional information and fees were received on April 16,
June 12, September 10, and October 28, 2009; and March 4, 2010.
The application was accepted for filing and declared administratively
complete on September 30, 2009. The TCEQ Executive Director has
completed the technical review of the application and based on the results of the water availability analysis, neither unappropriated water nor
appropriated but unused water is available in the Brazos River Basin
to support the Applicant's request. Staff therefore recommends that
the application be denied. The application and technical memoranda
are available for viewing and copying at the Office of the Chief Clerk,
12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public
comments and requests for a public meeting should be submitted to the
Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the
notice.
APPLICATION NO. 5161C; William D. Carroll & Mary L. Carroll,
3450 HWY 2247, Comanche, Texas 74642, Applicants or Permittees,
have applied to amend Water Use Permit No. 5161 to extend or delete
the expiration date of the permit to maintain an exempt reservoir
(Reservoir 1) on an unnamed tributary of Copperas (Rush) Creek,
Brazos River Basin and an off-channel reservoir (Reservoir 2) and
to divert and use 54 acre-feet of water per year from Reservoir 1 for
agricultural purposes to irrigate in Comanche County. The application
and a portion of the required fees were received on October 23, 2009.
Additional information and fees were received on February 18, and
March 17, 2010. The application was declared administratively complete and filed with the Office of the Chief Clerk on March 19, 2010.
The TCEQ Executive Director has completed the technical review
of the application and based on the results of the water availability
analysis, neither unappropriated water nor appropriated but unused
water is available in the Brazos River Basin to support the Applicants'
request. Staff therefore recommends that the application be denied.
Staff notes that the existing on-channel reservoir can be maintained
for domestic and livestock use, at a capacity at or below 200 acre-feet
on average within any twelve month period, with no right of diversion
for agricultural use. The application and technical memoranda are
available for viewing and copying at the Office of the Chief Clerk,
12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public
comments and requests for a public meeting should be submitted to
the Office of Chief Clerk, at the address provided in the information
section below, within 30 days of the date of newspaper publication of
the notice.
APPLICATION NO. 5752A; William Gavranovic & Gladys Gavranovic, 5702 May Road, Wharton, Texas 77488, Applicants or Permittees, have applied to amend Water Use Permit No. 5752 to extend or
delete the expiration date of the term portion of their permit which authorizes the diversion and use of 1,260 acre-feet of water per year from
a point on the Brazos River, Brazos River Basin and two points on the
Old River, Brazos River Basin, for agricultural purposes in Burleson
County. The application and partial fees were received December 6,
2012. Additional information and fees were received February 14,
March 5, April 2 and 3, 2013; October 2, December 9 and 10, 2014;
and April 22, and November 18 and 19, 2015. The application was declared administratively complete and accepted for filing on April 26,
2013. The TCEQ Executive Director has completed the technical review of the application and based on the results of the water availability analysis, neither unappropriated water nor appropriated but unused
water is available in the Brazos River Basin to support the Applicants'
request. Staff therefore recommends that the application be denied.
The application and technical memoranda are available for viewing and
copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for
a public meeting should be submitted to the Office of Chief Clerk, at
the address provided in the information section below, within 30 days
of the date of newspaper publication of the notice.
APPLICATION NO. 18-2001E; Rosemary H. Romero, Owner, 2650
Bandera Highway, Kerrville, Texas 78028, Applicant, seeks to amend
Certificate of Adjudication No. 18-2001 to add a point of diversion
on the Guadalupe River, and authorization to use the bed and banks
of Camp Meeting Creek Reservoir, Guadalupe River Basin to convey
up to 30 acre-feet of water per year for subsequent diversion from the
reservoir and use for agricultural purposes in Kerr County. The application and fees were received on September 7, 2011. Additional information and fees were received on September 30, 2011; March 8, and
March 16, 2012, September 17, 2014; and October 8, 2015. The application was declared administratively complete and filed with the Office
of the Chief Clerk on April 11, 2013. The TCEQ Executive Director
has completed the technical review of the application and prepared a
draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to, streamflow restrictions.
The application, technical memoranda, and Executive Director's draft
amendment are available for viewing and copying at the Office of the
Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753.
Written public comments and requests for a public meeting should be
submitted to the Office of the Chief Clerk, at the address provided in
the information section below by June 17, 2016.
APPLICATION NO. 13097; Wichita Falls Country Club, 1701 Hamilton Blvd., Wichita Falls, Texas 76308, Applicant, seeks a temporary
water use permit to divert and use not to exceed 225 acre-feet of water within a period of three years from a point on Holliday Creek, Red
River Basin for agricultural purposes in Wichita County. The application and partial fees were received on December 18, 2013. Additional
information and fees were received on July 31, 2014. The application
was declared administratively complete and accepted for filing with
the Office of the Chief Clerk on August 26, 2014. The TCEQ Executive Director completed the technical review of the application and
prepared a draft permit. The draft permit, if granted, would include
special conditions including, but not limited to streamflow restrictions.
The application, technical memoranda, and Executive Director's draft
permit are available for viewing and copying at the Office of the Chief
Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written
public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information
section below, by June 7, 2016.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at
www.tceq.texas.gov/comm_exec/cc/pub_notice.html or call the Office
of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete
notice. When searching the web site, type in the issued date range
shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is
not a contested case hearing.
The Executive Director can consider approval of an application unless
a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or
for a group or association, an official representative), mailing address,
daytime phone number, and fax number, if any: (2) applicant's name
and permit number; (3) the statement "(I/we) request a contested case
hearing"; and (4) a brief and specific description of how you would be
affected by the application in a way not common to the general public.
You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case
hearing must be submitted in writing to the TCEQ Office of the Chief
Clerk at the address provided in the information section below.
If a hearing request is filed, the TCEQ Executive Director will not issue the requested permit and may forward the application and hearing
request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public
meeting should be submitted to the Office of the Chief Clerk, MC
105, TCEQ, P.O. Box 13087, Austin, Texas 78711 3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information,
individual members of the general public may contact the Public Education Program at (800) 687 4040. General information regarding the
TCEQ can be found at our web site at www.tceq.texas.gov. Si desea
información en español, puede llamar al (800) 687-4040.
Issued in Austin, Texas on May 24, 2016
TRD-201602541
Bridget C. Bohac
Chief Clerk
Filed: May 25, 2016
♦
♦
♦
List of Late Filers
Below is a list from the Texas Ethics Commission of names of filers
who did not file a report or failed to pay penalty fines for late reports in
41 TexReg 4081
reference to the listed filing deadline. If you have any questions, you
may contact Sue Edwards at (512) 463-5800.
Deadline: Semiannual Report due July 15, 2015
Ateja N. Dukes, Dawnna Dukes Campaign, 5224 Marymount Dr.,
Austin, Texas 78723
Deadline: Semiannual Report due January 15, 2016
Brandy J. Dougan, Politics Hub, 2250 Tradewind Dr., #32, Mesquite,
Texas 75150
Lydia B. Garza, American Protection Specialists - PAC, 203 S. 10th
Ave., Edinburg, Texas 78539
Gustavo Guerra, The People's Alliance, 2808 Granjeno Ave., Hidalgo,
Texas 78557
Don Mafrige, Galveston Windstorm Action Committee Inc., 4800 Se-
wall Blvd., Galveston, Texas 77551
Isaac H. Manning, Citizens for Great Schools, Inc., P.O. Box 12206,
Ft. Worth, Texas 76110
Sean M. McDonald, Second Chance Democrats, 814 W. Euclid, San
Antonio, Texas 78212
Steven C. Price Sr., The V.O.I.C.E.S., 6300 Rue Marielyne #1903, San
Antonio, Texas 78238
Gregory W. Smith, Liberty PAC, 6105 Westline Dr., Houston, Texas
77036
Michael K. Stewart, Aggregate Transporters Association of Texas Political Action Committee, 502 W. 13th St., Austin, Texas 78701-1827
Marilynn Mayse, 4306 York St., Dallas, Texas 75210
Ricky W. Smith, P.O. Box 9297, Huntsville, Texas 77340
Dane A.N. Eyerly, 704 E. Williamsburg Manor, Arlington, Texas
76014
Dorothy Morgan Graham, 134 Calle Hermosa, Bayview, Texas 78566
Beverly Watts Davis, 217 Cactus St., San Antonio, Texas 78203
Demetria Smith, 15155 Richmond Ave., Ste. 1410, Houston, Texas
77082
Mari Aguirre-Rodriguez, P.O. Box 15346, San Antonio, Texas 78212
Donald De Leon, 305 Jade Dr., Brownsville, Texas 78520
Henry Knetsar, 4050 Honey Bear Loop, Round Rock, Texas 78681
Shawn W. Jones, 2901 Ridgeview Dr., #718, Plano, Texas 75025
Daren J. Mieskoski, 10120 Palmbrook Dr., Austin, Texas 78717
Patrick D. Wentworth, 3804 Levee Cir. East 253, Benbrook, Texas
76109
Kathie Langley Stone, 2721 Talasek, Rosenberg, Texas 77471
Scott Wayne Smith, 6119 Greenville Ave., #102, Dallas, Texas 75206
Veronica Aleman, 217 Segovia Dr., Laredo, Texas 78046
Christine L. Guajardo, 1000 Ranchway, #96, Laredo, Texas 78045
Tex Christopher, 5711 Sugar Hill, #112, Houston, Texas 77056
Charles B "Chuck" Meyers, 2203 Timberloch Pl., Ste. 100, The Woodlands, Texas, 77380
TRD-201602465
Natalia Luna Ashley
Executive Director
Filed: May 19, 2016
♦
Louie Minor, Jr., P.O. Box 82, Belton, Texas 76513
John S. Anderson, 1216 Nantucket, Houston, Texas 77057
Marisela Saldana, 15357 Key Largo Ct., Corpus Christi, Texas 78418
♦
♦
List of Late Filers
Damian LaCroix, 4910 Maxie St., Houston, Texas 77007
James S. Wheat, 2611 San Pedro, San Antonio, Texas 78212
Jules E. Johnson, 3905 Delano, Houston, Texas 77004
Below is a list from the Texas Ethics Commission of names of filers
who did not file a report or failed to pay penalty fines for late reports in
reference to the listed filing deadline. If you have any questions, you
may contact Kristi Melton at (512) 463-5800.
Deadline: Semiannual Report due January 15, 2016
Quanah Parker, 1017 Piedmont St., Abilene, Texas 79601
Mauricio Rondon, 4003 Feagan St., #5, Houston, Texas 77007
Richard J. Phillips, 2504 Lakehurst Rd., Spicewood, Texas 78669
Kenneth W. Bryant, Sr., P.O. Box 423, Richmond, Texas 77469
Michael Alan Dougan, 2250 Tradewind Dr., #32, Mesquite, Texas
75150
Kendra J. Yarbrough Camarena, 6007 Spruce Forest, Houston, Texas
77092
Farouk Shami, 880 Richey Rd., Houston, Texas 77073
Robert Cody Garrett, 91 1/2 Red River, Austin, Texas 78701
Dawnna Dukes, P.O. Box 14645, Austin, Texas 78761
Deadline: Semiannual Report due July 15, 2015
Richard J. Phillips, 2504 Lakehurst Rd., Spicewood, Texas 78669
Farouk Shami, 880 Richey Rd., Houston, Texas 77073
Steven D. Gibson, 4704 Neely Ave., Midland, Texas 79707
Ricky W. Smith, P.O. Box 9297, Huntsville, Texas 77340
Jon W. Schweitzer, 4216 Green Meadow St. W., Colleyville, Texas
76034
Brent C. Perry, 2323 Clear Lake City Blvd., Ste. 180, Houston, Texas
77062
David Wylie, P.O. Box 170321, Arlington, Texas 76003
Brandon De Hoyos, 1401 Redford St., #1709B, Houston, Texas 77034
Duane M. Ham, 168 Lake Point Blvd. #D101, Montgomery, Texas
77356-3689
Luis M. Lopez, P.O. Box 5385, Katy, Texas 77491
Dawnna Dukes, P.O. Box 14645, Austin, Texas 78761
Judith Sanders-Castro, 9122 Autumn Skies, San Antonio, Texas 78254
TRD-201602479
Steven D. Gibson, 4704 Neely Ave., Midland, Texas 79707
41 TexReg 4082
June 3, 2016
Texas Register
Natalia Luna Ashley
Executive Director
Filed: May 19, 2016
♦
♦
♦
Request for Proposals #303-7-20563
The Texas Facilities Commission (TFC), on behalf of the Department
of Public Safety (DPS), announces the issuance of Request for Proposals (RFP) #303-7-20563. TFC seeks a five (5) or ten (10) year lease
of approximately 22,024 square feet of usable space that consists of
21,829 square feet of office space and 195 square feet of outdoor employee lounge area space in Edinburg, Texas.
The deadline for questions is June 21, 2016, and the deadline for proposals is June 28, 2016, at 3:00 p.m. The award date is July 20, 2016.
TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the
basis of this notice or the distribution of an RFP. Neither this notice nor
the RFP commits TFC to pay for any costs incurred prior to the award
of a grant.
Parties interested in submitting a proposal may obtain information by
contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494.
A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=124698.
TRD-201602528
Kay Molina
General Counsel
Filed: May 24, 2016
♦
♦
♦
The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Enforcement Division (CPA), announces the
issuance of Request for Proposals (RFP) #303-7-20568. TFC seeks a
five (5) or ten (10) year lease of approximately 2,448 square feet of office space in Lubbock, Texas.
The deadline for questions is June 17, 2016, and the deadline for proposals is June 29, 2016 at 3:00 p.m. The award date is July 20, 2016.
of a grant.
The deadline for questions is June 23, 2016 and the deadline for proposals is July 7, 2016 at 3:00 p.m. The award date is August 17, 2016.
of a grant.
TRD-201602521
Kay Molina
General Counsel
Filed: May 24, 2016
♦
♦
♦
The Texas Facilities Commission (TFC), on behalf of the Health and
Human Services Commission (HHSC), the Department of State Health
Services (DSHS), and the Department of Aging and Disability Services
(DADS), announces the issuance of Request for Proposals (RFP) #3038-20569. TFC seeks a five (5) or ten (10) year lease of approximately
5,625 square feet of office space in Anson, Jones County, Texas.
The deadline for questions is June 17, 2016 and the deadline for proposals is July 5, 2016 at 3:00 p.m. The award date is August 17, 2016.
of a grant.
TRD-201602505
Kay Molina
General Counsel
Filed: May 23, 2016
♦
♦
♦
General Land Office
Notice and Opportunity to Comment on Requests for
Consistency Agreement/Concurrence Under the Texas Coastal
Management Program
TRD-201602519
Kay Molina
General Counsel
Filed: May 24, 2016
♦
The Texas Facilities Commission (TFC), on behalf of the Office of
the Attorney General (OAG), announces the issuance of Request for
Proposals (RFP) #303-8-20567. TFC seeks a five (5) or ten (10) year
lease of approximately 24,859 square feet of office space in Lubbock,
Texas.
♦
♦
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439
- 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals
and policies identified in 31 TAC Chapter 501. Requests for federal
consistency review were deemed administratively complete for the following project(s) during the period of May 16, 2016, through May 20,
41 TexReg 4083
2016. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal
zone undertaken or authorized by federal agencies. Pursuant to 31 TAC
§§506.25, 506.32, and 506.41, the public comment period extends 30
days from the date published on the Texas General Land Office web
site. The notice was published on the web site on Friday, May 27,
2016. The public comment period for this project will close at 5:00
p.m. on Wednesday, June 29, 2016.
FEDERAL AGENCY ACTIONS:
Applicant: John Huyhn
Location: The project site is located in Clear Lake, at 313 Todville
Road, in Seabrook, Harris County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: League City, Texas.
LATITUDE & LONGITUDE (NAD 83):
29.5524, -95.0231
27.6818, -96.9123
Project Description: The applicant proposes to amend an existing permit to allow abandonment-in-place of a 21.48-mile-long, 12-inch diameter steel natural gas pipeline encased in a concrete shell that was
placed out-of-service in 2010 per the Bureau of Safety and Environmental Enforcement (BSEE) decommissioning requirements, including disconnection from previously serviced platforms, flushing, filling
with seawater, capping and covering endpoints with concrete mats. No
further action is required by BSEE for the pipeline to be abandoned in
place. This pipeline was originally authorized under Department of the
Army Permit 19067.
CMP Project No: 16-1324-F1
Project Description: The applicant proposes to construct a
170-foot-long by 4-foot-wide pier/walkway structure in Clear Lake.
The pier/walkway structure will be constructed five feet above mean
high tide of Clear Lake over rip rap and over vegetation which is a
completed mitigation area for the constructed City of Seabrook public
boat ramp. This pier/walkway structure will connect the applicant's
property, L&A Seafood, to the adjacent property. The adjacent property is a parking facility for the City of Seabrook public boat ramp
situated beneath the elevated portion of State Highway 146.
Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2011-01169. This application will be reviewed
pursuant to Section 10 of the Rivers and Harbors Act of 1899.
Applicant: Williams Gulf Coast Gathering Co., LLC
Location: The project site is located in the Gulf of Mexico, Mustang
Island Area beginning in Federal Block 847-L, running northwesterly
crossing the Coastwise Safety Fairway at Blocks 834-L and 835-L,
through Federal Blocks 824-L, 823-L, 815-L, State Tract 798-L, and
ending in State Tract 794-L. The pipeline runs from a point 19 nautical miles offshore to a point 6.4 nautical miles offshore from the Texas
coast at Mustang Island. The project is offshore and can be located on
NOAA Chart 11300.
27.6032, -97.0777
Project Description: The applicant proposes to amend an existing
permit to allow abandonment-in-place of 17.43 miles of 16-inch steel
pipeline encased in a concrete shell, which was placed out-of-service in
2010 per the Bureau of Safety and Environmental Enforcement (BSEE)
decommissioning requirements including disconnection from previously serviced platforms, flushing, filling with seawater, capping and
covering endpoints with concrete mats. No further action is required
by BSEE for the pipeline to be abandoned in place.
Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00144. The application will be reviewed
Applicant: Williams Gulf Coast Gathering Co., LLC
Location: The project site is located in the Gulf of Mexico, Mustang
Island Area beginning approximately 6.4 nautical miles from shore in
Federal Block 754-L, extending to 794-L, crossing the Aransas Pass
Safety Fairway in Blocks 753-L, 752-L, and 768-L and the Brazos San-
41 TexReg 4084
tiago Pass-Aransas Pass Coastwise Safety Fairway at Blocks 769-L and
776-L, ending approximately 16 nautical miles from shore. The project
is offshore and can be located on NOAA Chart 11300.
June 3, 2016
Texas Register
Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00148. The application will be reviewed
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 invited
to submit comments on whether a proposed action or activity is or is
not consistent with the Texas Coastal Management Program goals and
policies and whether the action should be referred to the Land Commissioner for review.
Further information on the applications listed above, including a
copy of the consistency certifications or consistency determinations
for inspection, may be obtained from Mr. Jesse Solis, P.O. Box
12873, Austin, Texas 78711-2873 or via email at federal.consistency@glo.texas.gov. Comments should be sent to Mr. Solis at the
above address or by email.
TRD-201602545
Anne L. Idsal
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: May 25, 2016
♦
♦
♦
Notice and Opportunity to Comment on Requests for
Consistency Agreement/Concurrence Under the Texas Coastal
Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439
- 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals
and policies identified in 31 TAC Chapter 501. Requests for federal
consistency review were deemed administratively complete for the following project(s) during the period of May 15, 2016, through May 18,
2016. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal
zone undertaken or authorized by federal agencies. Pursuant to 31 TAC
§§506.25, 506.32, and 506.41, the public comment period extends 30
days from the date published on the Texas General Land Office web
site. The notice was published on the web site on Friday, May 20,
2016. The public comment period for this project will close at 5:00
p.m. on Monday, June 20, 2016.
FEDERAL AGENCY ACTIONS:
Applicant: Jefferson County Drainage District No. 6
Location: The project site is located in two separate locations along
Taylors Bayou. The first location is at the intersection of Craigen Road
and the North Fork Taylors Bayou. The second location is in wetlands adjacent to the South Fork Taylors Bayou on the north side of
State Highway (SH) 73 at its intersection with the Needmore Diversion Channel, just east of Hamshire, in Jefferson County, Texas. The
first project site is located on the U.S.G.S. quadrangle map titled: Fannett West; the second project site is located on the U.S.G.S. quadrangle
map titled: Alligator Hole Marsh, Texas.
29.880640, -94.257200
29.835485, -94.196620
Project Description: The applicant proposes to amend the existing
Department of the Army (DA) Permit to incorporate the placement of
fill material within jurisdictional wetlands for the purpose of providing construction and maintenance access to the Right-of-Way (ROW)
along the North Fork Taylors Bayou and access to the ROW on the
north side of SH 73 at its intersection with the Needmore Diversion
Channel.
When Jefferson County Road and Bridge Department redesigned and
constructed the wider bridge at the Craigen Road crossing of Taylors
Bayou to accommodate the widened channel of Taylors Bayou (per the
original Permit #22643, Sheet 22 of 43, now Sheet 25 of 53), access
to the Taylors Bayou ROW was inadvertently precluded by the longer
bridge and the required safety guard rails (refer to Figure 1, Sheet 2
of 53, for location). Drainage District No. 6 (DD6) will need permanent access to the Taylors Bayou ROW at Craigen Road for both the
permitted construction and future maintenance activities. Because the
Craigen Road bridge is not high enough to allow equipment to pass under it on the Taylors Bayou ROW, access is needed to the ROW from
all four corners of the bridge crossing.
At location #1 (Craigen Road and the North Fork Taylors Bayou) the
applicant proposes to discharge fill material at all four corners to construct permanent access to the ROW. An old existing well road will
be modified on the northwest corner to provide access for large equipment. This corner will require fill to be discharged into 0.074 acre of
wetlands. The southwest corner access will require the clearing of, and
the discharge of fill into 0.040 acre of forested wetlands. Access to the
eastern side of the bayou's ROW will require widening an existing well
road with 0.119 acre of forested wetlands to be cleared and filled on the
north side of Craigen Road. In the southeastern corner of the intersection, access to the ROW will require 0.497 acre of herbaceous wetlands
to be filled to create the access road.
At the SH 73 crossing of North Taylors Bayou, the Texas Department
of Transportation constructed a bridge to accommodate the Needmore
Diversion Channel crossing (per the original Permit #22643, Sheet 3
of 43, now Sheet 4 of 53). Access to the Needmore Diversion Channel
western ROW on the north side of the highway was inadvertently precluded by the bridge and the required safety guard rails (refer to Figure
1, Sheet 2 of 53, for location). DD6 will need permanent access to
the western Needmore Diversion ROW on the north side of SH 73 for
both the permitted construction and future maintenance activities. A
48-inch culvert will be placed in the well road borrow ditch to facilitate storm flows in the ditch (Figure 7, Sheet 6 of 53).
At location #2 (north side of SH 73 at its intersection with the Needmore Diversion Channel) the applicant proposes to improve access to
the ROW through the discharge of fill material into 0.297 acre of wetlands off of an existing well road. The applicant also proposes to place
a 48-inch diameter culvert into the existing well road borrow ditch.
Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2010-00198. This application will be reviewed
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.
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 invited
to submit comments on whether a proposed action or activity is or is
not consistent with the Texas Coastal Management Program goals and
policies and whether the action should be referred to the Land Commissioner for review.
Further information on the applications listed above, including a
copy of the consistency certifications or consistency determinations
for inspection, may be obtained from Mr. Jesse Solis, P.O. Box
12873, Austin, Texas 78711-2873 or via email at federal.consistency@glo.texas.gov. Comments should be sent to Mr. Solis at the
above address or by email.
TRD-201602547
Anne L. Idsal
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: May 25, 2016
♦
♦
♦
Public Notice
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for
Medical Assistance under Title XIX of the Social Security Act. The
proposed amendment is effective July 15, 2016.
The purpose of this amendment is to update the fee schedules in the
current state plan by adjusting fees, rates or charges for physical, occupational, and speech therapy for:
Early and Periodic Screening, Diagnosis, and Treatment Services
(EPSDT);
Physicians and Other Practitioners; and
Home Health Services.
These rate actions comply with applicable adjustments in response to
direction from the 2016-2017 General Appropriations Act (House Bill
1, 84th Leg., R.S., art. II, Rider 50, at II-96 to II-98 (Health and Human
Services section, Health and Human Services)). Proposed rate adjustments were calculated based on an analysis of Medicaid fees paid by
other states and previous Texas Medicaid payments for Medicaid-reimbursable therapy services. Where current Texas Medicaid rates exceed
150 percent of the median of other states' rates for the same service, a
percentage reduction is applied in most cases. A small percentage reduction is also applied to Texas Medicaid rates that do not exceed 150
percent of the median of other states' rates for the same service and in
cases where information on other states' rates is not available. All of
the proposed adjustments are being made in accordance with 1 TAC
§355.201.
The proposed amendment is estimated to result in an annual savings
of $30,683,785 for federal fiscal year (FFY) 2016, consisting of
$17,529,646 in federal funds and $13,154,139 in state general revenue.
For FFY 2017, the estimated annual savings is $129,880,683 consisting of $72,966,968 in federal funds and $56,913,715 in state general
revenue. For FFY 2018, the estimated annual savings is $135,171,008
consisting of $75,939,072 in federal funds and $59,231,936 in state
general revenue.
41 TexReg 4085
To obtain copies of the proposed amendment or to submit or view written comments, interested parties may contact Dan Huggins, Director
of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O.
Box 149030, H-400, Austin, Texas 78714-9030; by telephone at (512)
707-6071; by facsimile at (512) 730-7475; or by e-mail at dan.huggins@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of
Aging and Disability Services.
(7)
Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-4piperidinyl]-N-phenyl-propanamide);
TRD-201602645
Karen Ray
Chief Counsel
Filed: May 25, 2016
(12) Diethylthiambutene;
♦
♦
♦
(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3methyl-4-piperidinyl]-N-phenylpropanamide);
(9) Betaprodine;
(10) Clonitazene;
(11) Diampromide;
(13) Difenoxin;
(14) Dimenoxadol;
(15) Dimethylthiambutene;
(16) Dioxaphetyl butyrate;
(17) Dipipanone;
Annual Republication of the Texas Schedules of Controlled
Substances
(18) Ethylmethylthiambutene;
PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES
ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE
SCHEDULES SUPERCEDE PREVIOUS SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES
OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS
SCHEDULES AND MODIFICATIONS.
(19) Etonitazene;
(20) Etoxeridine;
(21) Furethidine;
(22) Hydroxypethidine;
(23) Ketobemidone;
This annual publication of the Texas Schedules of Controlled Substances was signed by John Hellerstedt, M.D., Commissioner of
Health, and will take effect 21 days following publication of this
notice in the Texas Register.
(24) Levophenacylmorphan;
Changes to the schedules are designated by an asterisk (*). Additional
information can be obtained by contacting the Department of State
Health Services, Drugs and Medical Devices Group, P.O. Box 149347,
Austin, Texas 78714-9347. The telephone number is (512) 834-6755
and the website address is http://www.dshs.state.tx.us/dmd.
(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]N-phenylpropanamide), its optical and geometric isomers;
(25) Meprodine;
(26) Methadol;
(28)
3-methylthiofentanyl
(N-[3-methyl-1-(2-thienyl)ethyl-4piperidinyl]-N-phenylpropanamide);
(29) Moramide;
SCHEDULES
Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name
they may be designated.
SCHEDULE I
(30) Morpheridine;
(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(32) Noracymethadol;
(33) Norlevorphanol;
Schedule I consists of:
(34) Normethadone;
- Schedule I opiates
(35) Norpipanone;
The following opiates, including their isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, unless specifically excepted, if the
existence of these isomers, esters, ethers, and salts is possible within
the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
piperidinyl]-N-phenylacetamide);
(N-[1-(1-methyl-2-phenethyl)-4-
(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4piperidinyl]-propanamide);
(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(38) Phenadoxone;
(39) Phenampromide;
(2) Allylprodine;
(40) Phencyclidine;
(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known
as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alpha-methylfentanyl or any other derivative of Fentanyl;
(5) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4piperidinyl]-N-phenyl-propanamide);
(6) Benzethidine;
(41) Phenomorphan;
(42) Phenoperidine;
(43) Piritramide;
(44) Proheptazine;
(45) Properidine;
(46) Propiram;
41 TexReg 4086
June 3, 2016
Texas Register
(47) Thiofentanyl
propanamide);
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
(48) Tilidine; and
(49) Trimeperidine.
- Schedule I opium derivatives
The following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other
names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other
names:
Nexus;
2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1aminoethane; alpha-desmethyl DOB);
(5) 2,5-dimethoxyamphetamine (some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names:
DOET);
(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers;
(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers;
(9) 5-methoxy-3,4-methylenedioxy-amphetamine;
(10) 4-methoxyamphetamine (some trade or other names: 4-methoxyalpha-methylphenethylamine; paramethoxyamphetamine; PMA);
(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);
(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other
names:
4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine;
"DOM"; and "STP");
(13) 3,4-methylenedioxy-amphetamine;
(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);
(14) Methyldihydromorphine;
(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other
names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine;
N-ethyl MDA; MDE; MDEA);
(15) Monoacetylmorphine;
(16) 3,4,5-trimethoxy amphetamine;
(16) Morphine methylbromide;
(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
N-hydroxy MDA);
(13) Methyldesorphine;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(18) 5-methoxy-N,N-dimethyltryptamine (Some trade or other names:
5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT;
(19) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol;
N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine);
(23) Pholcodine; and
(20) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);
(24) Thebacon.
(21) Dimethyltryptamine (some trade and other names: DMT);
- Schedule I hallucinogenic substances
(22) Ethylamine Analog of Phencyclidine (some trade or other names:
N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine;
N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);
Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of
the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical
designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and
geometric isomers):
(1) Alpha-ethyltryptamine (some trade or other names: etryptamine;
Monase;
alpha ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alphaET; AET);
(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;
(23) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta,
7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2]
azepino [5,4-b] indole; taber-nanthe iboga);
(24) Lysergic acid diethylamide;
(25) Marihuana;
(26) Mescaline;
(27) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers;
(28) N-ethyl-3-piperidyl benzilate;
(29) N-methyl-3-piperidyl benzilate;
41 TexReg 4087
(30) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran;
Synhexyl);
(31) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether
growing or not, the seeds of the plant, an extract from a part of the
plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or extracts;
(32) Psilocybin;
(33) Psilocin;
(34) Pyrrolidine analog of phencyclidine (some trade or other names:
1-(1-phenyl-cyclohexyl)-pyrrolidine, PCPy, PHP);
- Schedule I stimulants
Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity
of the following substances having a stimulant effect on the central
nervous system, including the substance's salts, isomers, and salts of
isomers if the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2oxazoline; 4,5-dihydro-5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1propanone; alpha-aminopropiophenone; 2-aminopropiophenone and
norephedrone);
(3) Fenethylline;
(35) Tetrahydrocannabinols;
meaning tetrahydrocannabinols naturally contained in a plant of the
genus Cannabis (cannabis plant), as well as synthetic equivalents of
the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
(4) Methcathinone (some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino) propiophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;
monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432);
(5) 4-methylaminorex;
1 cis or trans tetrahydrocannabinol, and their optical isomers;
(6) N-ethylamphetamine; and
6 cis or trans tetrahydrocannabinol, and their optical isomers;
(7) N,N-dimethylamphetamine (some other names:
N,N-alpha-trimethylbenzene-ethaneamine; N,N-alpha-trimethylphenethylamine).
3,4 cis or trans tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.);
(36) Thiophene analog of phencyclidine (some trade or other names:
1-[1-(2-thienyl) cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP);
(37) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other
names: TCPy);
- Schedule I depressants
Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity
of the following substances having a depressant effect on the central
nervous system, including the substance's salts, isomers, and salts of
(38) 4-methylmethcathinone (Other names: 4-methyl-N-methylcathinone; mephedrone);
(1) Gamma-hydroxybutyric acid (some other names include GHB;
gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic
acid; sodium oxybate; sodium oxybutyrate);
(39) 3,4-methylenedioxypyrovalerone (MDPV);
(2) Mecloqualone; and
(40) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other names:
2C-E);
(3) Methaqualone.
(41) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other names:
2C-D);
(42) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other names:
2C-C);
(43) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine
2C-I);
(Other
names:
(44) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other names:
2C-T-2);
(45) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other
names: 2C-T-4);
(46) 2-(2,5-Dimethoxyphenyl)ethanamine (Other names:2C-H);
(47) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other names:
2C-N);
(48)2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other names:
2C-P); and,
(49) 3,4-Methylenedioxy-N-methylcathinone (Other name: Methylone).
41 TexReg 4088
June 3, 2016
Texas Register
- Schedule I Cannabimimetic agents
Unless specifically exempted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers,
and salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation.
(1) The term 'cannabimimetic agents' means any substance that is a
cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated
by binding studies and functional assays within any of the following
structural classes:
(1-1) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted
on the cyclohexyl ring to any extent.
(1-2) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further
substituted on the indole ring to any extent, whether or not substituted
on the naphthoyl or naphthyl ring to any extent.
(1-3) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the
pyrrole ring, whether or not further substituted in the pyrrole ring to any
extent, whether or not substituted on the naphthoyl ring to any extent.
(1-4) 1-(1-naphthylmethylene)indene by substitution of the 3-position
of the indene ring, whether or not further substituted in the indene ring
to any extent, whether or not substituted on the naphthyl ring to any
extent.
(1-5) 3-phenylacetylindole or 3-benzoylindole by substitution at the
nitrogen atom of the indole ring, whether or not further substituted in
the indole ring to any extent, whether or not substituted on the phenyl
ring to any extent.
(2) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Other names: CP-47,497);
(3) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Other names: cannabicyclohexanol or CP-47,497 C8 homolog);
(4) 1-pentyl-3-(1-naphthoyl)indole (Other names:JWH-018 and
AM678);
(5) 1-mutyl-3-(1-naphthoyl)indole (Other names: JWH-073);
4. 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
5.
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names:25C-NBOMe; 2C-C-NBOMe; 25C;
Cimbi-82);
6.
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names:25B-NBOMe; 2C-B-NBOMe; 25B;
Cimbi-36);
7. Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names:
PB-22; QUPIC);
8. Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and salts of isomers (Other
names: 5-fluoro-PB-22; 5F-PB-22);
9. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers,
salts and salts of isomers (Other names: AB-FUBINACA);
(6) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(7) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (Other names:
JWH-200);
names:
10.
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers,
salts and salts of isomers (Other names: ADB-PINACA);
(9) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (Other names: JWH081);
11. 4-methyl-N-ethylcathinone, its optical, positional, and geometric
isomers, salts and salts of isomers (Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one);
(8) 1-pentyl-3-(2-methoxyphenylacetyl)indole
JWH-250);
(Other
(10) 1-pentyl-3-(4-methyl-1-naphthoyl)indole
JWH-122);
(Other
names:
(11)
1-pentyl-3-(4-chloro-1-naphthoyl)indole
JWH-398);
(Other
names:
(12)
1-(5-fluoropentyl)-3-(1-naphthoyl)indole
AM2201);
(Other
names:
12. 4-methyl-alpha-pyrrolidinopropiophenone, its optical, positional,
and geometric isomers, salts and salts of isomers (Other names:
4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone;
1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one);
names:
13. alpha-pyrrolidinopentiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: [alpha]-PVP;
[alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one);
(14) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (Other names: SR-19
and RCS-4);
14. Butylone, its optical, positional, and geometric isomers, salts and
salts of isomers (Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)2-(methylamino)butan-1-one);
(13) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole
AM694);
(Other
(15) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole
names: SR-18 and RCS-8); and,
(Other
(16)
1-pentyl-3-(2-chlorophenylacetyl)indole
JWH-203).
names:
(Other
- Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration.
*Unless specifically excepted or unless listed in another schedule, a
material, compound, mixture, or preparation that contains any quantity
of the following substances or that contains any of the substance's salts,
isomers, and salts of isomers if the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation.
1.
(1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
(Other
names:
UR-144
and
1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole);
2.
[1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (Other names: 5-fluoro-UR-144 and 5-F-UR-144
and XLR11 and 1-(5-flouro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole);
3.
N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other
names: APINACA, AKB48);
15. Pentedrone, its optical, positional, and geometric isomers, salts and
salts of isomers (Other names: [alpha]-methylaminovalerophenone;
2-(methylamino)-1-phenylpentan-1-one);
16. Pentylone, its optical, positional, and geometric isomers, salts and
salts of isomers (Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)2-(methylamino)pentan-1-one);
17. 4-fluoro-N-methylcathinone, its optical, positional, and geometric
isomers, salts and salts of isomers (Other names: 4-FMC; flephedrone;
1-(4-fluorophenyl)-2-(methylamino)propan-1-one);
18. 3-fluoro-N-methylcathinone, its optical, positional, and geometric
isomers, salts and salts of isomers (Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one);
19. Naphyrone, its optical, positional, and geometric isomers, salts and
salts of isomers (Other names: naphthylpyrovalerone; 1-(naphthalen2-yl)-2-(pyrrolidin-1-yl)pentan-1-one); and,
20. alpha-pyrrolidinobutiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: [alpha]-PBP;
1-phenyl-2-(pyrrolidin-1-yl)butan-1-one).
*21.
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other names: "AB-CHMINACA");
41 TexReg 4089
*22. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3carboxamide (Other names: "AB-PINACA");
*23.
[1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1yl)methanone (Other names: "THJ-2201"); and
*24.
N-(1-phenethylpiperindin-4-yl)-N-phenylacetamide (Other
names: acetyl fentany).
SCHEDULE II
Schedule II consists of:
- Schedule II substances, vegetable origin or chemical synthesis
The following substances, however produced, except those narcotic
drugs listed in other schedules:
(4-2-2) ioflupane; and
(5) Concentrate of poppy straw, meaning the crude extract of poppy
straw in liquid, solid, or powder form that contains the phenanthrene
alkaloids of the opium poppy.
- Opiates
The following opiates, including their isomers, esters, ethers, salts, and
salts of isomers, if the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(1) Opium and opiate, and a salt, compound, derivative, or preparation
of opium or opiate, other than thebaine-derived butorphanol, *naloxegol, naloxone and its salts, naltrexone and its salts, and nalmefene and
its salts, but including:
(4) Bezitramide;
(1-1) Codeine;
(7) Dihydrocodeine;
(1-2) Dihydroetorphine;
(8) Diphenoxylate;
(1-3) Ethylmorphine;
(9) Fentanyl;
(1-4) Etorphine hydrochloride;
(10) Isomethadone;
(1-5) Granulated opium;
(11) Levo-alphacetylmethadol (some trade or other names: levo-alphaacetylmethadol, levomethadyl acetate, LAAM);
(1-6) Hydrocodone;
(5) Carfentanil;
(6) Dextropropoxyphene, bulk (nondosage form);
(12) Levomethorphan;
(1-7) Hydromorphone;
(13) Levorphanol;
(1-8) Metopon;
(14) Metazocine;
(1-9) Morphine;
(15) Methadone;
(1-10) Opium extracts;
(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl
butane;
(1-11) Opium fluid extracts;
(1-12) Oripavine;
(1-13) Oxycodone;
(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(1-14) Oxymorphone;
(18) Pethidine (meperidine);
(1-15) Powdered opium;
(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(1-16) Raw opium;
(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(1-17) Thebaine; and
(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(1-18) Tincture of opium.
(2) A salt, compound, isomer, derivative, or preparation of a substance
that is chemically equivalent or identical to a substance described by
Paragraph (1) of Schedule II substances, vegetable origin or chemical
synthesis, other than the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(4) Cocaine, including:
(26) Remifentanil;
(4-1) its salts, its optical, position, and geometric isomers, and the salts
of those isomers;
*(4-2) coca leaves and any salt, compound, derivative, or preparation
of coca leaves and ecgonine and their salts, isomers, derivatives and
salts of isomers and derivatives and any salt, compound derivative or
preparation thereof which is chemically equivalent or identical to a substance described by this paragraph, except that the substances shall not
include:
(4-2-1) decocainized coca leaves or extractions of coca leaves which
extractions do not that do not contain cocaine or ecgonine; or
41 TexReg 4090
(22) Phenazocine;
June 3, 2016
Texas Register
(27) Sufentanil; and
(28) Tapentadol
- Schedule II stimulants
Unless listed in another schedule and except as provided by the Texas
Controlled Substances Act, Health and Safety Code, Section 481.033, a
of the following substances having a potential for abuse associated with
a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Methamphetamine, including its salts, optical isomers, and salts of
optical isomers;
(3) Methylphenidate and its salts;
(4) Phenmetrazine and its salts; and,
(5) Lisdexamfetamine, including its salts, isomers, and salts of its isomers.
- Schedule II depressants
Unless listed in another schedule, a material, compound, mixture or
preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the
substance's salts, isomers, and salts of isomers if the existence of the
salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital; and
(4) Secobarbital.
- Schedule II hallucinogenic substances
(1) Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9Hdibenzo[b,d]pyran-9-one).
- Schedule II precursors
Unless specifically excepted or listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the
following substances:
(1) Immediate precursor to methamphetamine:
(2) a suppository dosage form containing amobarbital, secobarbital,
pentobarbital, or any of their salts and approved by the Food and Drug
Administration for marketing only as a suppository;
(3) a substance that contains any quantity of a derivative of barbituric
acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;
(4) Chlorhexadol;
(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners, and salts of isomers, for which an application is
approved under section 505 of the Federal Food Drug and Cosmetic
Act;
(6) Ketamine, its salts, isomers, and salts of isomers. Some other
names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(7) Lysergic acid;
(8) Lysergic acid amide;
(9) Methyprylon;
(10) Perampanel, and its salts, isomers, and salts of isomers
(11) Sulfondiethylmethane;
(12) Sulfonethylmethane;
(13) Sulfonmethane; and
(14) Tiletamine and zolazepam or any salt thereof. Some trade
or other names for a tiletamine-zolazepam combination product:
Telazol.
Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names
for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.
- Nalorphine
- Schedule III narcotics
(1-1) Phenylacetone and methylamine if possessed together with intent
to manufacture methamphetamine;
Unless specifically excepted or unless listed in another schedule:
(2) Immediate precursor to amphetamine and methamphetamine:
(1) a material, compound, mixture, or preparation containing limited
quantities of any of the following narcotic drugs, or any of their salts:
(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone);
(3) Immediate precursors to phencyclidine (PCP):
(3-1) 1-phenylcyclohexylamine;
(3-2) 1-piperidinocyclohexanecarbonitrile (PCC); and,
(4) Immediate precursor to fentanyl:
(4-1) 4-anilino-N-phenethyl-4-piperidine (ANPP).
SCHEDULE III
Schedule III consists of:
- Schedule III depressants
Unless listed in another schedule and except as provided by the Texas
Controlled Substances Act, Health and Safety Code, Section 481.033, a
of the following substances having a potential for abuse associated with
a depressant effect on the central nervous system:
(1) a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any of their salts and one or more active
medicinal ingredients that are not listed in a schedule;
(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with an equal
or greater quantity of an isoquinoline alkaloid of opium;
(1-2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(1-3) not more than 1.8 grams of dihydrocodeine, or any of its salts,
per 100 milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(1-4) not more than 300 milligrams of ethylmorphine, or any of its salts,
per 100 milliliters or not more than 15 milligrams per dosage unit, with
one or more active, non-narcotic ingredients in recognized therapeutic
amounts;
(1-5) not more than 500 milligrams of opium per 100 milliliters or
per 100 grams, or not more than 25 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic
amounts; and
(1-6) not more than 50 milligrams of morphine, or any of its salts, per
100 milliliters or per 100 grams with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts; and,
41 TexReg 4091
(2) any material, compound, mixture, or preparation containing any of
the following narcotic drugs or their salts:
(14) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan3-one);
(2-1) Buprenorphine.
(15) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene);
- Schedule III stimulants
(16) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one);
Unless listed in another schedule, a material, compound, mixture or
preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of the
substance's isomers, if the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(17) formebolone (2-formyl-17 alpha-methyl-11 alpha,17 beta-dihydroxyandrost-1,4-dien-3-one);
(18) furazabol (17 alpha-methyl-17 beta-hydroxyandrostano[2,3-c]-furazan);
(19) 13 beta-ethyl-17 beta-hydroxygon-4-en-3-one;
(1) Benzphetamine;
(20) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one);
(2) Chlorphentermine;
(21) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3one);
(3) Clortermine; and
(4) Phendimetrazine.
(22) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one);
- Schedule III anabolic steroids and hormones
Anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and include the following:
(1) androstanediol
(23) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one);
(24) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4dien-3-one);
(25) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5ene);
(1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane;
(1-2) 3 alpha,17 beta-dihydroxy-5 alpha-androstane;
(26) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3one);
(2) androstanedione (5 alpha-androstan-3,17-dione);
(27) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane;
(3) androstenediol-(3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1ene);
(3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1ene);
(3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene);
(3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene);
(28) methasterone (2 alpha, 17 alpha-dimethyl-5-alpha-androstan-17
beta-ol-3-one;
(29) 17alpha-methyl-3 alpha,17 beta-dihydroxy-5 alpha-androstane;
(30) 17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-4-ene;
(31) 17 alpha-methyl-4-hydroxynandrolone (17 alpha-methyl-4-hydroxy-17 beta-hydroxyestr-4-en-3-one);
(32) methyldienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9(10)dien-3-one);
(4) androstenedione-(4-1) 1-androstenedione ([5 alpha]-androst-1-en-3,17-dione);
(4-2) 4-androstenedione (androst-4-en-3,17-dione);
(4-3) 5-androstenedione (androst-5-en-3,17-dione);
(5) bolasterone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyandrost-4en-3-one);
(6) boldenone (17 beta-hydroxyandrost-1,4,-diene-3-one);
(7) boldione (androsta-1,4-diene-3,17-dione);
(8) calusterone (7 beta,17 alpha-dimethyl-17 beta-hydroxyandrost-4en-3-one);
(9) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one);
(10)
dehydrochloromethyltestosterone
(4-chloro-17
droxy-17alpha-methyl-androst-1,4-dien-3-one);
(33) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11trien-3-one);
(34) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4en-3-one);
(35) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en3-one);
(36) 17 alpha-methyl-delta-1-dihydrotestosterone (17 beta-hydroxy-17
alpha-methyl-5 alpha-androst-1-en-3-one) (a.k.a. '17-alpha-methyl-1testosterone');
(37) nandrolone (17 beta-hydroxyestr-4-en-3-one);
(38) norandrostenediol--
beta-hy-
(11) delta-1-dihydrotestosterone (a.k.a. '1-testosterone') (17 beta-hydroxy-5 alpha-androst-1-en-3-one);
(12) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2en-17[beta]-ol; madol);
(13) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one);
(38-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene);
(38-2) 19-nor-4-androstenediol
yestr-4-ene);
June 3, 2016
Texas Register
alpha,
17
beta-dihydrox-
(38-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene);
(38-4) 19-nor-5-androstenediol
yestr-5-ene);
(39) norandrostenedione--
41 TexReg 4092
(3
(3
alpha,
17
beta-dihydrox-
(39-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(7) Chloral hydrate;
(39-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione;
(8) Chlordiazepoxide;
(40) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17dione);
(9) Clobazam;
(41) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en3-one);
(42) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one);
(43) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3one);
(44) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3one);
(45) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]androstan-3-one);
(46) oxymesterone
drost-4-en-3-one);
(17
alpha-methyl-4,17
beta-dihydroxyan-
(47) oxymetholone (17 alpha-methyl-2-hydroxymethylene-17 beta-hydroxy-[5 alpha]-androstan-3-one);
(48) stanozolol (17 alpha-methyl-17 beta-hydroxy-[5 alpha]-androst2-eno[3,2-c]-pyrazole);
(49) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3one);
(50) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17oic acid lactone);
(51) testosterone (17 beta-hydroxyandrost-4-en-3-one);
(52) prostanozol (17 beta-hydroxy-5-alpha-androstano[3,2-c]pyrazole)
(53) tetrahydrogestrinone (13 beta,17 alpha-diethyl-17 beta-hydroxygon-4,9,11-trien-3-one);
(54) trenbolone (17 beta-hydroxyestr-4,9,11-trien-3-one); and
(55) any salt, ester, or ether of a drug or substance described in this
paragraph.
(10) Clonazepam;
(11) Clorazepate;
(12) Clotiazepam;
(13) Cloxazolam;
(14) Delorazepam;
(15) Diazepam;
(16) Dichloralphenazone;
(17) Estazolam;
(18) Ethchlorvynol;
(19) Ethinamate;
(20) Ethyl loflazepate;
(21) Fludiazepam;
(22) Flunitrazepam;
(23) Flurazepam;
(24) Fospropofol;
(25) Halazepam;
(26) Haloxazolam;
(27) Ketazolam;
(28) Loprazolam;
(29) Lorazepam;
(30) Lormetazepam;
(31) Mebutamate;
(32) Medazepam;
- Schedule III hallucinogenic substances
(33) Meprobamate;
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft
gelatin capsule in U.S. Food and Drug Administration approved drug
product. (Some other names for dronabinol:(6aR-trans)-6a,7,8,10atetrahydro-6,6,9-tri-methyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol).
(34) Methohexital;
SCHEDULE IV
Schedule IV consists of:
- Schedule IV depressants
Except as provided by the Texas Controlled Substances Act, Health
and Safety Code, Section 481.033, a material, compound, mixture, or
preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Alfaxalone (5[alpha]-pregnan-3[alpha]-ol-11,20-dione);
(2) Alprazolam;
(3) Barbital;
(4) Bromazepam;
(5) Camazepam;
(6) Chloral betaine;
(35) Methylphenobarbital (mephobarbital);
(36) Midazolam;
(37) Nimetazepam;
(38) Nitrazepam;
(39) Nordiazepam;
(40) Oxazepam;
(41) Oxazolam;
(42) Paraldehyde;
(43) Petrichloral;
(44) Phenobarbital;
(45) Pinazepam;
(46) Prazepam;
(47) Quazepam;
(48) Suvorexant;
(49) Temazepam;
41 TexReg 4093
(50) Tetrazepam;
(5) Pentazocine, its salts, derivatives, compounds, or mixtures.
(51) Triazolam;
SCHEDULE V
(52) Zaleplon;
Schedule V consists of:
(53) Zolpidem; and
- Schedule V narcotics containing non-narcotic active medicinal ingredients
(54) Zopiclone, its salts, isomers, and salts of isomers.
- Schedule IV stimulants
Unless listed in another schedule, a material, compound, mixture, or
preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those
A compound, mixture, or preparation containing limited quantities of
any of the following narcotic drugs that also contain one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer
on the compound, mixture or preparation valuable medicinal qualities
other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine, or any of its salts, per
100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts,
per 100 milliliters or per 100 grams;
(1) Cathine [(+)-norpseudoephedrine];
(2) Diethylpropion;
(3) Not more than 100 milligrams of ethylmorphine, or any of its salts,
per 100 milliliters or per 100 grams;
(3) Fencamfamin;
(4) Fenfluramine;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit;
(5) Fenproporex;
(5) Not more than 15 milligrams of opium per 29.5729 milliliters or
per 28.35 grams; and
(6) Mazindol;
(7) Mefenorex;
(8) Modafinil;
(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(9) Pemoline (including organometallic complexes and their chelates);
- Schedule V stimulants
(10) Phentermine;
Unless specifically exempted or excluded or unless listed in another
schedule, a compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on the
central nervous system, including its salts, isomers and salts of isomers:
(11) Pipradrol;
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and
(13) Sibutramine.
(1) Pyrovalerone.
- Schedule IV narcotics
Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation containing limited quantities
of the following narcotic drugs or their salts:
(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl3-methyl-2-
- Schedule V depressants
Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
(1) Ezogabine including its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible;
propionoxybutane); and,
(2) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-proprionamide]; and
(3)
2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol
(other name: tramadol).
(3) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
- Schedule IV other substances
Unless specifically excepted or unless listed in another schedule, a material, compound, substance's salts:
(1) Butorphanol, including its optical isomers;
♦
(2) Carisoprodol;
*(3) Eluxadoline (other names: 5-[[[(2S-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) including its
salts, isomers, and salts of isomers;
(4) Lorcarserin including its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible; and,
41 TexReg 4094 June 3, 2016
TRD-201602601
Lisa Hernandez
General Counsel
Filed: May 25, 2016
Texas Register
♦
♦
Licensing Actions for Radioactive Materials
41 TexReg 4095
41 TexReg 4096
June 3, 2016
Texas Register
TRD-201602549
Lisa Hernandez
General Counsel
Filed: May 25, 2016
♦
♦
♦
Licensing Actions for Radioactive Materials
IN ADDITION
June 3, 2016 41 TexReg 4097
41 TexReg 4098
June 3, 2016
Texas Register
41 TexReg 4099
A. Display Printing - That area of the Scratch Ticket outside of the area
where the overprint and Play Symbols appear.
TRD-201602579
Lisa Hernandez
General Counsel
Filed: May 25, 2016
♦
♦
B. Latex Overprint - The removable scratch-off covering over the Play
Symbols on the front of the Ticket.
♦
Scratch Ticket Game Number 1766 "50X Fast Cash"
Name and Style of Game.
A. The name of Scratch Ticket Game No. 1766 is "50X FAST CASH".
The play style is "match 3 of X".
1.1 Price of Scratch Ticket Game.
A. Tickets for Scratch Ticket Game No. 1766 shall be $5.00 per Ticket.
1.2 Definitions in Scratch Ticket Game No. 1766.
41 TexReg 4100
June 3, 2016
Texas Register
C. Play Symbol - The printed data under the latex on the front of the
Scratch Ticket that is used to determine eligibility for a prize. Each
Play Symbol is printed in symbol font in black ink in positive except
for dual-image games. The possible black Play Symbols are: TIRE
SYMBOL, WRENCH SYMBOL, GASOLINE PUMP SYMBOL,
FLAG SYMBOL, TROPHY SYMBOL, FUEL SYMBOL, SUN
SYMBOL, MEGAPHONE SYMBOL, CLOCK SYMBOL, BINOCULARS SYMBOL, CAP SYMBOL, HELMET SYMBOL, GLOVE
SYMBOL, WATER BOTTLE SYMBOL, MEDAL SYMBOL, FIRE
EXTINGUISHER SYMBOL, KEY SYMBOL, STREET LIGHTS
SYMBOL, RACE CAR SYMBOL, $5.00, $10.00, $20.00, $50.00,
$100, $500, $1,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each
Play Symbol which explains the Play Symbol. One caption appears
under each Play Symbol and is printed in caption font in black ink
in positive. The Play Symbol Caption which corresponds with and
verifies each Play Symbol is as follows:
E. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the Scratch Ticket. The
Serial Number is for validation purposes and cannot be used to play the
game. The format will be: 0000000000000.
digit Pack number, the three (3) digit Scratch Ticket number and the
ten (10) digit Validation Number. The Bar Code appears on the back
of the Scratch Ticket.
H. High-Tier Prize - A prize of $1,000 or $100,000.
J. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1766), a seven (7) digit Pack
number, and a three (3) digit Scratch Ticket number. Scratch Ticket
numbers start with 001 and end with 075 within each Pack. The format
will be: 1766-0000001-001.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five
(5) Bar Code which will include a four (4) digit game ID, the seven (7)
K. Pack - A Pack of "50X FAST CASH" Scratch Ticket Game contains
075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages
F. Low-Tier Prize - A prize of $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
IN ADDITION
June 3, 2016 41 TexReg 4101
of one (1). The Packs will alternate. One will show the front of Ticket
001 and back of 075 while the other fold will show the back of Ticket
001 and front of 075.
L. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does
not meet all of the requirements of these Game Procedures, the State
Lottery Act (Texas Government Code, Chapter 466), and applicable
rules adopted by the Texas Lottery pursuant to the State Lottery Act
and referenced in 16 TAC Chapter 401.
13. The Scratch Ticket must be complete and not miscut and have exactly 64 (sixty-four) Play Symbols under the Latex Overprint on the
front portion of the Scratch Ticket, exactly one Serial Number, exactly
one Retailer Validation Code, and exactly one Pack-Scratch Ticket
Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch
Tickets, and a Scratch Ticket with that Serial Number shall not have
been paid previously;
M. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery
"50X FAST CASH" Scratch Ticket Game No. 1766.
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set
forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game
Procedures, and the requirements set out on the back of each Scratch
Ticket. A prize winner in the "50X FAST CASH" Scratch Ticket Game
is determined once the latex on the Scratch Ticket is scratched off to
expose 64 (sixty-four) Play Symbols. If a player reveals 3 matching
Play Symbols in the same GAME, the player wins the PRIZE for that
GAME. If a player reveals 2 matching Play Symbols and a "RACE
CAR" Play Symbol in the same GAME, the player wins 2X the PRIZE
for that GAME. If a player reveals 2 "RACE CAR" Play Symbols in
the same GAME, the player wins 5X the PRIZE for that GAME. If a
player reveals 3 "RACE CAR" Play Symbols in the same GAME, the
player wins 50X the PRIZE for that GAME. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or
playable as a part of the Scratch Ticket Game.
16. Each of the 64 (sixty-four) Play Symbols must be exactly one of
those described in Section 1.2.C of these Game Procedures;
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must
be met:
1. Exactly 64 (sixty-four) Play Symbols must appear under the Latex
Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play
Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for
dual image games;
17. Each of the 64 (sixty-four) Play Symbols on the Scratch Ticket
must be printed in the symbol font and must correspond precisely to
the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the serial font and must correspond precisely
to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket
Number must be printed in the Pack-Scratch Ticket Number font and
must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery
by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing the
award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is
void and ineligible for any prize and shall not be paid. However, the
Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability
of the Texas Lottery shall be to replace the defective Scratch Ticket
with another unplayed Scratch Ticket in that Scratch Ticket Game (or
a Scratch Ticket of equivalent sales price from any other current Texas
Lottery Scratch Ticket Game) or refund the retail sales price of the
Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
5. The Scratch Ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Scratch
Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be
mutilated, altered, unreadable, reconstituted or tampered with in any
manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
A. A Ticket can win up to sixteen (16) times in accordance with the
approved prize structure.
B. Adjacent Non-Winning Tickets within a Pack will not have matching
Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play and Prize Symbol patterns if they have the same Play Symbol
and Prize Symbols in the same positions.
C. The top Prize Symbol will appear on every Ticket unless restricted
by other parameters, play action or prize structure.
10. The Scratch Ticket must have been issued by the Texas Lottery in
an authorized manner;
D. There will be a random distribution of all Play Symbols on the ticket
unless restricted by other parameters, play action or prize structure
(with the exception of the "RACE CAR" (WIN) Play Symbol).
11. The Scratch Ticket must not have been stolen, nor appear on any
list of omitted Scratch Tickets or non-activated Scratch Tickets on file
at the Texas Lottery;
E. There will be no matching non-winning GAMES on a Ticket.
GAMES are considered matching if they have the same Play Symbols
in the same spots.
12. The Play Symbols, Serial Number, Retailer Validation Code and
Pack-Scratch Ticket Number must be right side up and not reversed in
any manner;
F. No three (3) or more matching non-winning Play Symbols will appear in adjacent positions diagonally or in a column.
41 TexReg 4102
June 3, 2016
Texas Register
G. The "RACE CAR" (WIN) Play Symbol will only appear on winning
Tickets and will appear on winning GAMES as dictate by the prize
structure.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
H. No more than two (2) matching non-winning Play Symbols will
appear in one (1) GAME.
F. If a person is indebted or owes delinquent taxes to the State, and is
selected as a winner in a promotional second-chance drawing, the debt
to the State must be paid within 30 days of notification or the prize will
be awarded to an Alternate.
I. Non-winning Prize Symbols will never appear more than tree (3)
times.
J. Non-winning Prize Symbols will never be the same as the winning
Prize Symbol(s).
2.3 Procedure for Claiming Prizes.
A. To claim a "50X FAST CASH" Scratch Ticket Game prize of $5.00,
$10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back
of the Scratch Ticket in the space designated on the Scratch Ticket and
present the winning Scratch Ticket to any Texas Lottery Retailer. The
Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the
amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay
a $50.00, $100 or $500 Scratch Ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how
to file a claim with the Texas Lottery. If the claim is validated by the
Texas Lottery, a check shall be forwarded to the claimant in the amount
due. In the event the claim is not validated, the claim shall be denied
and the claimant shall be notified promptly. A claimant may also claim
any of the above prizes under the procedure described in Section 2.3.B
and Section 2.3.C of these Game Procedures.
B. To claim a "50X FAST CASH" Scratch Ticket Game prize of $1,000
or $100,000, the claimant must sign the winning Scratch Ticket and
present it at one of the Texas Lottery's Claim Centers. If the claim is
validated by the Texas Lottery, payment will be made to the bearer of
the validated winning Scratch Ticket for that prize upon presentation of
proper identification. When paying a prize of $600 or more, the Texas
Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "50X FAST CASH" Scratch
Ticket Game prize, the claimant must sign the winning Scratch Ticket,
thoroughly complete a claim form, and mail both to: Texas Lottery
Commission, Post Office Box 16600, Austin, Texas 78761-6600. The
Texas Lottery is not responsible for Scratch Tickets lost in the mail. In
the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct:
1. A sufficient amount from the winnings of a prize winner who has
been finally determined to be:
a. delinquent in the payment of a tax or other money to a state agency
and that delinquency is reported to the Comptroller under Government
Code §403.055;
b. in default on a loan made under Chapter 52, Education Code; or
c. in default on a loan guaranteed under Chapter 57, Education Code;
and
2. delinquent child support payments from the winnings of a prize
winner in the amount of the delinquency as determined by a court or a
Title IV-D agency under Chapter 231, Family Code.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket
presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant
pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age
of 18 years is entitled to a cash prize under $600 from the "50X FAST
CASH" Scratch Ticket Game, the Texas Lottery shall deliver to an adult
member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
$600 or more from the "50X FAST CASH" Scratch Ticket Game, the
Texas Lottery shall deposit the amount of the prize in a custodial bank
account, with an adult member of the minor's family or the minor's
guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket Game prizes must
be claimed within 180 days following the end of the Scratch Ticket
Game or within the applicable time period for certain eligible military
personnel as set forth in Texas Government Code §466.408. Any rights
to a prize that is not claimed within that period, and in the manner
specified in these Game Procedures and on the back of each Scratch
Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of Scratch Tickets ordered. The number of actual prizes
available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A
Scratch Ticket Game may continue to be sold even when all the top
prizes have been claimed.
2.9 Promotional Second-Chance Drawings. Any Non-Winning "50X
FAST CASH" Scratch Ticket may be entered into one of four promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a
Scratch Ticket in the space designated, a Scratch Ticket shall be owned
by the physical possessor of said Scratch Ticket. When a signature is
placed on the back of the Scratch Ticket in the space designated, the
player whose signature appears in that area shall be the owner of the
Scratch Ticket and shall be entitled to any prize attributable thereto.
Notwithstanding any name or names submitted on a claim form, the
Executive Director shall make payment to the player whose signature
appears on the back of the Scratch Ticket in the space designated. If
more than one name appears on the back of the Scratch Ticket, the
41 TexReg 4103
Executive Director will require that one of those players whose name
appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch
Tickets and shall not be required to pay on a lost or stolen Scratch
Ticket.
A. The actual number of Scratch Tickets in the game may be increased
or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at
any time, announce a closing date (end date) for the Scratch Ticket
Game No. 1766 without advance notice, at which point no further
Scratch Tickets in that game may be sold. The determination of the
closing date and reasons for closing will be made in accordance with the
Scratch Ticket Game closing procedures and the Scratch Game Rules.
See 16 TAC §401.302(j).
6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to
comply with, and abide by, these Game Procedures for Scratch Ticket
Game No. 1766, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the
State Lottery Act and referenced in 16 TAC Chapter 401, and all final
decisions of the Executive Director.
TRD-201602526
Bob Biard
General Counsel
Filed: May 24, 2016
♦
♦
♦
Scratch Ticket Game Number 1769 "$250,000 Extreme Green"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 1769 is "$250,000 EXTREME GREEN". The play style is "key number match".
41 TexReg 4104 June 3, 2016
Texas Register
4.0 Number and Value of Scratch Prizes. There will be approximately
5,520,000 Scratch Tickets in the Scratch Ticket Game No. 1766. The
approximate number and value of prizes in the game are as follows:
A. The price for Scratch Ticket Game No. 1769 shall be $10.00 per
Ticket.
Symbols on the front of the Scratch Ticket.
Play Symbol is printed in Symbol font in black ink in positive except
for dual-image games. The possible black Play Symbols are: 01, 02,
03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59,
60, $$, $10.00, $20.00, $50.00, $100, $500, $1,000 and $250,000.
41 TexReg 4105
F. Low-Tier Prize - A prize of $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000 or $250,000.
41 TexReg 4106
June 3, 2016
Texas Register
J. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1769), a seven (7) digit Pack
number, and a three (3) digit Scratch Ticket number. Scratch Ticket
numbers start with 001 and end with 050 within each Pack. The format
will be: 1769-0000001-001.
K. Pack - A Pack of the "$250,000 EXTREME GREEN" Scratch Ticket
Game contains 050 Scratch Tickets, packed in plastic shrink-wrapping
and fanfolded in pages of one (1). Ticket back 001 and 050 will both
be exposed.
M. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery
"$250,000 EXTREME GREEN" Scratch Ticket Game No. 1769.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements
set forth in Texas Lottery Rule §401.302, Instant Game Rules, these
Game Procedures, and the requirements set out on the back of each
Scratch Ticket. A prize winner in the "$250,000 EXTREME GREEN"
Scratch Ticket Game is determined once the latex on the Scratch Ticket
is scratched off to expose 75 (seventy-five) Play Symbols. In each
GAME, if a player matches any of YOUR NUMBERS Play Symbols
to the EXTREME NUMBER Play Symbol, the player wins the prize
for that number. If a player reveals a "$$" Play Symbol, the player wins
DOUBLE the prize for that symbol. Each GAME is played separately.
No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
be met:
1. Exactly 75 (seventy-five) Play Symbols must appear under the Latex
Symbol Caption;
legible;
dual image games;
manner;
any manner;
13. The Scratch Ticket must be complete and not miscut and have
exactly 75 (seventy-five) Play Symbols under the Latex Overprint on
the front portion of the Scratch Ticket, exactly one Serial Number,
exactly one Retailer Validation Code, and exactly one Pack-Scratch
Ticket Number on the Scratch Ticket;
16. Each of the 75 (seventy-five) Play Symbols must be exactly one of
17. Each of the 75 (seventy-five) Play Symbols on the Scratch Ticket
must be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers
must be printed in the Serial font and must correspond precisely to
the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket
Lottery; and
Lottery Scratch Ticket Game) or refund the retail sales price of the
Scratch Ticket, solely at the Executive Director's discretion.
A. A Ticket can win up to thirty-five (35) times in accordance with the
approved prize structure.
B. Adjacent non-winning Tickets within a Pack will not have matching
Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play Symbol and Prize Symbol patterns if they have the same Play
Symbols and Prize Symbols in the same spots.
C. The top Prize Symbol will appear on every Ticket unless restricted
D. Each Ticket will have five (5) different "EXTREME NUMBER"
Play Symbols.
E. No "YOUR NUMBERS" Play Symbols will match an "EXTREME
NUMBER" Play Symbol in another GAME.
F. Non-winning "YOUR NUMBERS" Play Symbols will all be different.
G. Non-winning Prize Symbols will never appear more than seven (7)
times.
41 TexReg 4107
H. The "$$" (DBL) Play Symbol will never appear in the "EXTREME
NUMBER" Play Symbol spots.
I. The "$$" (DBL) Play Symbol will appear as dictated by the prize
structure.
J. Non-winning Prize Symbols will never be the same as the winning
Prize Symbol(s) in that GAME.
K. No prize amount in a non-winning spot will correspond with the
"YOUR NUMBERS" Play Symbol (i.e., 20 and $20).
A. To claim a "$250,000 EXTREME GREEN" Scratch Ticket Game
prize of $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the
back of the Scratch Ticket in the space designated on the Scratch Ticket
and present the winning Scratch Ticket to any Texas Lottery Retailer.
The Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment of
the amount due the claimant and physically void the Scratch Ticket;
provided that the Texas Lottery Retailer may, but is not required, to
pay a $25.00, $50.00, $100 or $500 Scratch Ticket Game. In the event
the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
Retailer shall provide the claimant with a claim form and instruct the
claimant on how to file a claim with the Texas Lottery. If the claim
is validated by the Texas Lottery, a check shall be forwarded to the
claimant in the amount due. In the event the claim is not validated, the
claim shall be denied and the claimant shall be notified promptly. A
claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$250,000 EXTREME GREEN" Scratch Ticket Game
prize of $1,000 or $250,000, the claimant must sign the winning
Scratch Ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning Scratch Ticket for that
prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income
reporting form with the Internal Revenue Service (IRS) and shall
withhold federal income tax at a rate set by the IRS if required. In the
event that the claim is not validated by the Texas Lottery, the claim
C. As an alternative method of claiming a "$250,000 EXTREME
GREEN" Scratch Ticket Game prize, the claimant must sign the
winning Scratch Ticket, thoroughly complete a claim form, and mail
both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas
78761-6600. The Texas Lottery is not responsible for Scratch Tickets
lost in the mail. In the event that the claim is not validated by the
Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
shall deduct:
Code §403.055;
of 18 years is entitled to a cash prize under $600 from the "$250,000
EXTREME GREEN" Scratch Ticket Game, the Texas Lottery shall
deliver to an adult member of the minor's family or the minor's guardian
a check or warrant in the amount of the prize payable to the order of
the minor.
$600 or more from the "$250,000 EXTREME GREEN" Scratch Ticket
Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the
minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be
claimed within 180 days following the end of the Scratch Ticket Game
or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a
prize that is not claimed within that period, and in the manner specified
in these Game Procedures and on the back of each Scratch Ticket, shall
be forfeited.
and
Ticket.
5,400,000 Scratch Tickets in Scratch Ticket Game No. 1769. The approximate number and value of prizes in the game are as follows:
41 TexReg 4108
June 3, 2016
Texas Register
closing date and reasons for closing will be made in accordance with
the Scratch Ticket closing procedures and the Instant Game Rules. See
16 TAC §401.302(j).
TRD-201602520
Bob Biard
General Counsel
Filed: May 24, 2016
♦
♦
♦
Scratch Ticket Game Number 1779 "Super Break the Bank"
A. The name of Scratch Ticket Game No. 1779 is "SUPER BREAK
THE BANK". The play style is "multiple games".
03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
BILL SYMBOL, $10.00, $20.00, $40.00, $50.00, $100, $200, $500,
$5,000, $50,000, $ONE MILL, 5X SYMBOL, HAT SYMBOL, BELL
SYMBOL, CHERRY SYMBOL, BAR SYMBOL, GRAPE SYMBOL, LEMON SYMBOL, MELON SYMBOL, PEPPERS SYMBOL,
APPLE SYMBOL, POP SYMBOL, BANANA SYMBOL, MILK
SYMBOL, CACTUS SYMBOL, CLOVER SYMBOL, MUSIC
SYMBOL, HEART SYMBOL, STRAWBERRY SYMBOL, COIN
SYMBOL, TOPAZ SYMBOL, EMERALD SYMBOL, PEARLS
SYMBOL, SAFE SYMBOL, CHEST SYMBOL, DIAMOND SYMBOL, CHIPS SYMBOL, RING SYMBOL, HORSESHOE SYMBOL,
MONEY ROLL SYMBOL, MONEY BAG SYMBOL, GOLD BAR
SYMBOL, STAR SYMBOL, POT OF GOLD SYMBOL, CROWN
SYMBOL and MONEY STACK SYMBOL.
Ticket.
IN ADDITION
June 3, 2016 41 TexReg 4109
41 TexReg 4110
June 3, 2016
Texas Register
41 TexReg 4111
F. Low-Tier Prize - A prize of $20.00.
G. Mid-Tier Prize - A prize of $40.00, $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $5,000, $50,000 or $1,000,000.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of
the four (4) digit game number (1779), a seven (7) digit Pack number,
and a three (3) digit Scratch Ticket number. Scratch Ticket numbers
start with 001 and end with 020 within each Pack. The format will be:
1779-0000001-001.
K. Pack - A Pack of the "SUPER BREAK THE BANK" Scratch Ticket
Game contains 020 Tickets. Each Ticket will be folded and glued in a
Pop N'Pak manner. Each Ticket will be in a clear pouch and each Pack
will have 20 pouches.
M. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "SUPER BREAK THE BANK" Scratch Ticket Game No. 1779.
Ticket. A prize winner in the "SUPER BREAK THE BANK" Scratch
Ticket Game is determined once the latex on the Scratch Ticket is
scratched off to expose 123 (one hundred twenty-three) Play Symbols.
GAME 1 - KEY NUMBER MATCH: If a player matches any of YOUR
NUMBERS Play Symbols to any of the WINNING NUMBERS Play
Symbols, the player wins the prize for that number. If a player reveals a
"BILL" Play Symbol, the player wins DOUBLE the prize for that symbol! GAME 2 - MATCH 3 WITH 5X MULTIPLIER: If a player reveals
41 TexReg 4112
June 3, 2016
Texas Register
3 matching prize amounts, the player wins that amount. If a player reveals 2 matching prize amounts and a "5X" Play Symbol, the player
wins 5 TIMES that amount! GAME 3 - FIND: The player scratches
the entire play area to reveal 9 Play Symbols and 9 Prize Symbols. If a
player reveals a "COIN" Play Symbol, the player wins the prize for that
symbol instantly. GAME 4 - FIND: If a player reveals a "DIAMOND"
Play Symbol, the player wins $50 instantly. GAME 5 - MATCH 3: If a
player reveals 3 matching Play Symbols in the same ROW, the player
wins the prize in the LEGEND. GAME 6 AND GAME 7- KEY NUMBER MATCH: If any of YOUR NUMBERS Play Symbols match any
of the 3 LUCKY NUMBERS Play Symbols in the same GAME, the
player wins the prize for that number. If a player reveals a "MONEY
STACK" Play Symbol, the player wins the prize for that symbol instantly. No portion of the Display Printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Scratch Ticket.
be met:
1. Exactly 123 (one hundred twenty-three) Play Symbols must appear
under the Latex Overprint on the front portion of the Scratch Ticket;
Symbol Caption;
legible;
dual image games;
manner;
E. GAME 1 - Key Number Match: This game may have up to two (2)
matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.
any manner;
F. GAME 1 - Key Number Match: A non-winning Prize Symbol will
never be the same as a winning Prize Symbol in this game.
13. The Scratch Ticket must be complete and not miscut and have
exactly 123 (one hundred twenty-three) Play Symbols under the Latex
Overprint on the front portion of the Scratch Ticket, exactly one Serial
Number, exactly one Retailer Validation Code, and exactly one PackScratch Ticket Number on the Scratch Ticket;
16. Each of the 123 (one hundred twenty-three) Play Symbols must be
exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 123 (one hundred twenty-three) Play Symbols on the
Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch
Ticket Serial Numbers must be printed in the Serial font and must
correspond precisely to the artwork on file at the Texas Lottery; and
the Pack-Scratch Ticket Number must be printed in the Pack-Scratch
Ticket Number font and must correspond precisely to the artwork on
file at the Texas Lottery;
Lottery; and
Lottery Scratch Game) or refund the retail sales price of the Scratch
Ticket, solely at the Executive Director's discretion.
A. Consecutive Non-Winning Tickets in a Pack will not have matching
play data, spot for spot.
B. The top Prize Symbol will appear on every Ticket unless restricted
C. GAME 1 - Key Number Match: No matching non-winning YOUR
NUMBERS Play Symbols in this game.
D. GAME 1 - Key Number Match: No matching WINNING NUMBERS Play Symbols in this game.
G. GAME 1 - Key Number Match: No prize amount in a non-winning
spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20
and $20) in this game.
H. GAME 1 - Key Number Match: No YOUR NUMBERS Play Symbol in GAME 1 will match a LUCKY NUMBERS Play Symbol in
GAME 6 or GAME 7.
I. GAME 1 - Key Number Match: The "BILL" (DOUBLE) Play Symbol will only appear as dictated by the prize structure.
J. GAME 2 - Match 3 with 5X Multiplier: No four (4) or more matching
Prize Symbols in this game.
K. GAME 2 - Match 3 with 5X Multiplier: No three (3) or more matching Prize Symbols will appear with the "5X" (WINX5) Play Symbol.
L. GAME 2 - Match 3 with 5X Multiplier: No two (2) or more matching pairs of Prize Symbols will appear with the "5X" (WINX5) Play
Symbol.
M. GAME 2 - Match 3 with 5X Multiplier: The "5X" (WINX5) Play
Symbol will only appear as dictated by the prize structure.
N. GAME 3 - Find: No matching non-winning Play Symbols in this
game.
O. GAME 3 - Find: No matching non-winning Prize Symbols in this
game.
P. GAME 3 - Find: A non-winning Prize Symbol will never be the same
as a winning Prize Symbol in this game.
Q. GAME 4 - Find: The "DIAMOND" (WIN$50) Play Symbol will
only appear as dictated by the prize structure.
R. GAME 5 - Match 3: No matching non-winning ROWS on a Ticket
(in any order).
S. GAME 6 and GAME 7 - Key Number Match: No matching nonwinning YOUR NUMBERS Play Symbols in these games.
T. GAME 6 and GAME 7 - Key Number Match: No matching LUCKY
NUMBERS Play Symbols in these games.
U. GAME 6 and GAME 7 - Key Number Match: These games may
have up to two (2) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.
V. GAME 6 and GAME 7 - Key Number Match: A non-winning Prize
Symbol will never be the same as a winning Prize Symbol in these
games.
W. GAME 6 and GAME 7 - Key Number Match: No prize amount in
a non -winning spot will correspond with the YOUR NUMBERS Play
Symbol (i.e., 20 and $20) in these games.
X. GAME 6 and GAME 7 - Key Number Match: The "MONEY
STACK" (STACK) Play Symbol will never appear more than once in
these games.
A. To claim a "SUPER BREAK THE BANK" Scratch Ticket Game
prize of $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall
sign the back of the Scratch Ticket in the space designated on the
Scratch Ticket and present the winning Scratch Ticket to any Texas
Lottery Retailer. The Texas Lottery Retailer shall verify the claim and,
41 TexReg 4113
if valid, and upon presentation of proper identification, if appropriate,
make payment of the amount due the claimant and physically void the
Scratch Ticket; provided that the Texas Lottery Retailer may, but is not
required, to pay a $40.00, $50.00, $100, $200 or $500 Scratch Ticket
Game. In the event the Texas Lottery Retailer cannot verify the claim,
the Texas Lottery Retailer shall provide the claimant with a claim form
and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the
procedure described in Section 2.3.B and Section 2.3.C of these Game
Procedures.
B. To claim a "SUPER BREAK THE BANK" Scratch Ticket Game
prize of $5,000, $50,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning Scratch Ticket for that
prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income
reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event
that the claim is not validated by the Texas Lottery, the claim shall be
denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "SUPER BREAK THE
BANK" Scratch Ticket Game prize, the claimant must sign the
winning Scratch Ticket, thoroughly complete a claim form, and mail
both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas
78761-6600. The Texas Lottery is not responsible for Scratch Tickets
lost in the mail. In the event that the claim is not validated by the
Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
shall deduct:
Code §403.055;
and
41 TexReg 4114
June 3, 2016
Texas Register
of 18 years is entitled to a cash prize under $600 from the "SUPER
BREAK THE BANK" Scratch Ticket Game, the Texas Lottery shall
deliver to an adult member of the minor's family or the minor's guardian
a check or warrant in the amount of the prize payable to the order of
the minor.
$600 or more from the "SUPER BREAK THE BANK" Scratch Ticket
Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the
minor's guardian serving as custodian for the minor.
be forfeited.
Ticket.
7,920,000 Scratch Tickets in Scratch Ticket Game No. 1779. The approximate number and value of prizes in the game are as follows:
16 TAC §401.302(j).
TRD-201602523
Bob Biard
General Counsel
Filed: May 24, 2016
♦
♦
♦
Ticket.
03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, MONEY STACK
SYMBOL, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000,
$3,000 and $30,000.
Scratch Ticket Game Number 1802 "Break the Bank"
A. The name of Scratch Ticket Game No. 1802 is "BREAK THE
BANK". The play style is "key number match".
IN ADDITION
June 3, 2016 41 TexReg 4115
F. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00,
$12.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $200.
H. High-Tier Prize - A prize of $1,000, $3,000 or $30,000.
41 TexReg 4116
June 3, 2016
Texas Register
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of
the four (4) digit game number (1802), a seven (7) digit Pack number,
and a three (3) digit Scratch Ticket number. Scratch Ticket numbers
start with 001 and end with 125 within each Pack. The format will be:
1802-0000001-001.
K. Pack - A Pack of the "BREAK THE BANK" Scratch Ticket Game
contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded
in pages of two (2). One Ticket will be folded over to expose a front
and back of one Ticket on each Pack. Please note the Packs will be in
an A, B, C and D configuration.
M. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery
"BREAK THE BANK" Scratch Ticket Game No. 1802.
16. Each of the 19 (nineteen) Play Symbols must be exactly one of
Ticket. A prize winner in the "BREAK THE BANK" Scratch Ticket
Game is determined once the latex on the Scratch Ticket is scratched
off to expose 19 (nineteen) Play Symbols. If any of YOUR NUMBERS
Play Symbols match any of the 3 LUCKY NUMBERS Play Symbols,
the player wins the prize for that number. If a player reveals a "MONEY
STACK" Play Symbol, the player wins the prize for that symbol instantly. No portion of the Display Printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Scratch Ticket.
17. Each of the 19 (nineteen) Play Symbols on the Scratch Ticket must
be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers
must be printed in the Serial font and must correspond precisely to
the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket
be met:
1. Exactly 19 (nineteen) Play Symbols must appear under the Latex
Symbol Caption;
legible;
dual image games;
Lottery; and
Lottery Scratch Game) or refund the retail sales price of the Scratch
Ticket, solely at the Executive Director's discretion.
A. Consecutive Non-Winning Tickets in a Pack will not have matching
play data, spot for spot.
B. The top Prize Symbol will appear on every Ticket unless restricted
manner;
C. A non-winning Prize Symbol will never be the same as a winning
Prize Symbol.
D. No matching LUCKY NUMBERS Play Symbols on a Ticket.
E. There will be no correlation between the matching Play Symbols
and the prize amount.
F. The "MONEY STACK" (WIN) Play Symbol will never appear more
than once on a Ticket.
any manner;
13. The Scratch Ticket must be complete and not miscut and have exactly 19 (nineteen) Play Symbols under the Latex Overprint on the front
portion of the Scratch Ticket, exactly one Serial Number, exactly one
Retailer Validation Code, and exactly one Pack-Scratch Ticket Number
on the Scratch Ticket;
G. No matching non-winning YOUR NUMBERS Play Symbols on a
Ticket.
H. No prize amount in a non-winning spot will correspond with the
YOUR NUMBER Play Symbol (i.e., 10 and $10).
A. To claim a "BREAK THE BANK" Scratch Ticket Game prize of
$2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, a
claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to
any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically
void the Scratch Ticket; provided that the Texas Lottery Retailer may,
but is not required, to pay a $50.00 or $200 Scratch Ticket Game. In
41 TexReg 4117
the event the Texas Lottery Retailer cannot verify the claim, the Texas
Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the
claim is validated by the Texas Lottery, a check shall be forwarded to
the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "BREAK THE BANK" Scratch Ticket Game prize of
$1,000, $3,000 or $30,000, the claimant must sign the winning Scratch
Ticket and present it at one of the Texas Lottery's Claim Centers. If
the claim is validated by the Texas Lottery, payment will be made to
the bearer of the validated winning Scratch Ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim
is not validated by the Texas Lottery, the claim shall be denied and the
claimant shall be notified promptly.
C. As an alternative method of claiming a "BREAK THE BANK"
Scratch Ticket Game prize, the claimant must sign the winning Scratch
Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The
Texas Lottery is not responsible for Scratch Tickets lost in the mail. In
the event that the claim is not validated by the Texas Lottery, the claim
shall deduct:
of 18 years is entitled to a cash prize under $600 from the "BREAK
THE BANK" Scratch Ticket Game, the Texas Lottery shall deliver to
an adult member of the minor's family or the minor's guardian a check
or warrant in the amount of the prize payable to the order of the minor.
$600 or more from the "BREAK THE BANK" Scratch Ticket Game,
the Texas Lottery shall deposit the amount of the prize in a custodial
bank account, with an adult member of the minor's family or the minor's
guardian serving as custodian for the minor.
be forfeited.
Ticket.
4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 30,000,000 Scratch Tickets in Scratch Ticket Game No. 1802.
The approximate number and value of prizes in the game are as follows:
Code §403.055;
and
41 TexReg 4118
June 3, 2016
Texas Register
16 TAC §401.302(j).
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 18, 2016,
for a service provider certificate of operating authority, pursuant to the
Public Utility Regulatory Act. Applicant intends to provide facilities
based, data and resale services for exchange areas currently served by
AT&T Texas and Frontier.
Docket Title and Number: Application of eNetworks, LLC for a
Service Provider Certificate of Operating Authority, Docket Number
45975.
Persons who wish to comment upon the action sought should contact
the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326
or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later
than June 10, 2016. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission through Relay Texas by
dialing 7-1-1. All comments should reference Docket Number 45975.
TRD-201602524
Bob Biard
General Counsel
Filed: May 24, 2016
TRD-201602473
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
♦
♦
♦
♦
♦
♦
Notice of Application for Retail Electric Provider Certification
Notice of Application for a Service Provider Certificate of
Operating Authority
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 16, 2016, for
retail electric provider (REP) certification, pursuant to Public Utility
Regulatory Act (PURA) §39.352.
41 TexReg 4119
Docket Title and Number: Application of Windrose Power & Gas, LLC
for a Retail Electric Provider Certificate, Docket Number 45969.
Persons wishing to comment upon the action sought should contact
the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326
or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later
than June 30, 2016. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136 or
toll-free at (800) 735-2989. All comments should reference Docket
Number 45969.
TRD-201602474
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
♦
♦
♦
On May 23, 2016, tw telecom of texas llc filed an application with the
Public Utility Commission of Texas for a name change amendment to
service provider certificate of operating authority number 60124.
Docket Style and Number: Application of tw telecom of texas llc for an
Amendment to a Service Provider Certificate of Operating Authority,
Docket Number 45984.
Persons wishing to comment on the action sought should contact the
Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888)
782-8477 no later than June 10, 2016. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
through Relay Texas by dialing 7-1-1. All comments should reference
Docket Number 45984.
TRD-201602546
Adriana Gonzales
Rules Coordinator
Filed: May 25, 2016
♦
♦
Notice is given to the public of an application filed with the Public
Utility Commission of Texas (commission) to amend a water certificate
of convenience and necessity (CCN) in Montgomery County, Texas.
Docket Style and Number: Application of Crystal Springs Water Co.,
Inc. to Amend a Certificate of Convenience and Necessity in Montgomery County, Docket Number 45974.
The Application: Crystal Springs Water Co., Inc. filed an application to
amend its water CCN Number 11373 in Montgomery County. Crystal
Springs seeks to amend its CCN to provide water service to approximately 133 acres of land being developed into a residential neighborhood. There are zero current customers.
Persons wishing to intervene or comment on the action sought should
contact the commission by mail at P.O. Box 13326, Austin, Texas
78711-3326 or by phone at (512) 936-7120 or toll-free at (888)
782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission through Relay Texas by dialing
7-1-1. All comments should reference Docket Number 45974.
June 3, 2016
♦
♦
§26.208(h)
Docket Title and Number: Application of Central Telephone Company
of Texas d/b/a CenturyLink to Withdraw Services Pursuant to 16 Tex.
Admin. Code §26.208(h) - Docket Number 45907.
The Application: On April 29, 2016, pursuant to 16 TAC §26.208(h),
Central Telephone Company of Texas d/b/a CenturyLink (CenturyLink) filed an application with the commission to withdraw certain
operator services from its Long Distance Message Telecommunications Service Tariff. CenturyLink seeks to withdraw the services
based on lack of customer demand. The proceedings were docketed
and suspended on May 3, 2016, to allow adequate time for review and
intervention.
Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by
phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and
speech-impaired individuals with text telephones (TTY) may contact
the commission through Relay Texas by dialing 7-1-1. All inquiries
should reference Docket Number 45907.
TRD-201602468
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
♦
Notice of Application to Amend Water Certificate of
Convenience and Necessity
41 TexReg 4120
♦
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to withdraw services pursuant
to 16 Texas Administrative Code §26.208(h) (TAC).
Notice of Application to Amend a Service Provider Certificate
of Operating Authority
♦
TRD-201602471
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
Texas Register
♦
♦
§26.208(h)
Docket Title and Number: Application of United Telephone Company
of Texas d/b/a CenturyLink to Withdraw Services Pursuant to 16 TAC
§26.208(h) - Docket Number 45908.
United Telephone Company of Texas d/b/a CenturyLink (CenturyLink)
filed an application with the commission to withdraw certain operator
services from its Long Distance Message Telecommunications Service
Tariff. CenturyLink proposes to discontinue its Line Status Verification and Busy Interrupt services. CenturyLink seeks to withdraw the
services based on lack of customer demand. The proceedings were
docketed and suspended on May 3, 2016, to allow adequate time for
review and intervention.
(TTY) may contact the commission through Relay Texas by dialing
7-1-1. All comments should reference Docket Number 45971.
TRD-201602469
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
TRD-201602472
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
♦
♦
♦
♦
♦
♦
§26.208(h)
The Regional Water Planning Group - Area B (RWPG-B) was established by state law, including Texas Water Code Chapter 16, Texas
Water Development Board rules, and 31 TAC Chapters 355, 357, and
358 on February 19, 1998. Area B includes the following counties:
Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Montague, Wichita, Wilbarger, and the part of Young County that includes the City
of Olney. The purpose of the RWPG-B is to provide comprehensive
regional water planning and to carry out the related responsibilities
placed on regional water planning groups by state law. Foremost
among those responsibilities is the development of a regional water
plan for Area B that identifies both short and long-term water supply
needs and recommends water management strategies for addressing
them.
Docket Title and Number: Application of CenturyTel of Lake Dallas,
Inc. d/b/a CenturyLink to Withdraw Services Pursuant to 16 Tex. Admin. Code §26.208(h) - Docket Number 45909.
CenturyTel of Lake Dallas, Inc. d/b/a CenturyLink (CenturyLink) filed
an application with the commission to withdraw certain operator services from its General Exchange Tariff. CenturyLink seeks to withdraw
the services based on lack of customer demand. The proceedings were
docketed and suspended on May 3, 2016, to allow adequate time for
review and intervention.
♦
The following RWPG-B Interest Group/Members terms expire effective August 31, 2016:
Environmental - Dr. Rebecca Dodge, Wichita County
Small Businesses - Dean Myers, Montague County
Municipalities - Joe Jarosek, Wilbarger County
Counties - Judge Mark Christopher, Foard County
TRD-201602470
Adriana Gonzales
Rules Coordinator
Filed: May 19, 2016
♦
Public Notice: Solicitation of Nominations
Water Districts - Bobbie Kidd, Donley County
Municipalities - Russell Schreiber, Wichita County
Public - Jerry Payne, Clay County
♦
Notice of Petition for Recovery of Universal Service Funding
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 17, 2016 for
recovery of Universal Service Funding pursuant to Public Utility Regulatory Act, §56.025 and 16 TAC §26.406.
Docket Style and Number: Application of Dell Telephone Cooperative,
Inc. to Recover Funds From the Texas Universal Service Fund Pursuant to PURA §56.025 and 16 TAC §26.406. Docket Number 45971.
The Application: Dell Telephone Cooperative, Inc. (Dell) seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to
Federal Communications Commission (FCC) actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to Dell. The petition requests that the commission allow Dell recovery of funds from the TUSF in the amount of $899,034 for 2016 to
replace projected 2016 FUSF revenue reductions. Dell is not seeking
any rate increases through this proceeding.
Persons wishing to intervene or comment on the action sought should
contact the commission by mail at P.O. Box 13326, Austin, Texas
78711-3326 or by phone at (512) 936-7120 or toll-free at (888)
782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephones
Electric Generating Utilities - Monte McMahon, Wilbarger County
The nominee must represent the interest group category for which a
member is sought, be willing to participate in the regional water planning process, and abide by the Bylaws to qualify for voting membership
on the RWPG-B.
If you would like to submit a nomination for a voting member representative of one of the interest groups listed above, you may do so
by sending your nominations to the administrative agency--Red River
Authority of Texas, Attention: Curtis W. Campbell, Post Office Box
240, Wichita Falls, Texas 76307-0240, or email your nominations to
curtis.campbell@rra.texas.gov.
Deadline for submission of all nominations is Friday, July 15,
2016. The term for these members will be for 5 years--September
1, 2016, through August 31, 2021. Nominations will be voted on at
the RWPG-B Public Meeting tentatively scheduled for Wednesday,
August 17, 2016.
If you have any questions, contact Red River Authority of Texas at
(940) 723-2236 or email curtis.campbell@rra.texas.gov.
TRD-201602621
41 TexReg 4121
Curtis W. Campbell
Region B Chair
Filed: May 25, 2016
♦
♦
Joanne Wright
Deputy General Counsel
Filed: May 25, 2016
♦
♦
♦
♦
Public Notice - Aviation
Notice of Availability
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.
Final Environmental Impact Statement (EIS) State Highway (SH) 99
(Grand Parkway) Segment B from SH 288 to Interstate Highway 45
(I-45) South in Brazoria and Galveston Counties, Texas.
Pursuant to Texas Administrative Code, Title 43, §2.108, the Texas
Department of Transportation (TxDOT) is advising the public of the
availability of the Final EIS for proposed construction of SH 99 (Grand
Parkway) Segment B in Brazoria and Galveston Counties, Texas. The
project would construct a four-lane, limited-access toll road with intermittent frontage roads within a typical 400-foot-wide right-of-way.
The project limits extend from SH 288 to I-45 South, a distance of approximately 28.6 miles.
Project alternatives were evaluated at a comparable level of detail in
the Draft EIS. The Final EIS contains the evaluation of the Preferred
Alternative and the No Build Alternative, and provides a summary of
the alternatives considered and evaluated during the Draft EIS studies.
A digital version of the Final EIS may be downloaded from The Grand
Parkway Association website at http://www.grandpky.com. In addition,
the Final EIS is on file at the following locations:
(1) Texas Department of Transportation, 7600 Washington Avenue,
Houston, Texas 77007
(2) TxDOT Brazoria Area Office, 1033 E. Orange Street, Angleton,
Texas 77515
(3) TxDOT Galveston Area Office, 5407 Gulf Freeway, La Marque,
Texas 77568
(4) Alvin Library, 105 South Gordon Street, Alvin, Texas 77511
(5) Angleton Library, 401 East Cedar Street, Angleton, Texas 77515
(6) Helen Hall Library, 100 W. Walker Street, League City, Texas
77573
(7) Houston Public Library (Texas Room), 500 McKinney Street,
Houston, Texas 77002
(8) Manvel Library, 20514B State Highway 6, Manvel, Texas 77578
For further information, please contact Mr. Carlos Swonke, Director,
Environmental Affairs Division, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701; telephone (512) 416-3001;
email: carlos.swonke@txdot.gov. TxDOT's normal business hours are
8:00 a.m. to 5:00 p.m., Monday through Friday.
Comments regarding the Final EIS may be submitted via email to: segmentBcomments@grandpky.com or via U.S. mail to the Texas Department of Transportation, Attention: Director of Project Development,
P.O. Box 1386, Houston, Texas 77251. The deadline for submitting
comments is July 11, 2016.
The environmental review, consultation, and other actions required by
applicable Federal environmental laws for this project are being, or
have been, carried out by TxDOT pursuant to 23 U.S.C. §327, and a
Memorandum of Understanding dated December 16, 2014 and executed by FHWA and TxDOT.
TRD-201602543
41 TexReg 4122
June 3, 2016
Texas Register
For information regarding actions and times for aviation public hearings, please go to the following website:
www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html.
Or visit www.txdot.gov, How Do I Find Hearings and Meetings, choose
Hearings and Meetings, and then choose Schedule.
Or contact Texas Department of Transportation, Aviation Division, 150
East Riverside, Austin, Texas 78704, (512) 416-4500 or 1-800-68-PILOT.
TRD-201602525
Joanne Wright
Deputy General Counsel
Filed: May 24, 2016
♦
♦
♦
The Texas Water Development Board (TWDB) will conduct a public
hearing in accordance with Texas Water Code §16.053(r) and 31 Texas
Administrative Code §357.51(g), and §358.4(a) on July 5, 2016 to receive public comment on a proposed amendment to the 2017 State Water Plan, Water for Texas 2017. The hearing will begin at 1:00 p.m. in
Room 170, Stephen F. Austin Building, 1700 North Congress Avenue,
Austin, Texas 78701.
The Board seeks to receive public comment related to the incorporation of changes adopted by the Region G regional water planning group
to its adopted regional water plan on April 27, 2016. Specifically, Region G proposed to add project capital costs to all previously recommended municipal conservation water management strategies, including the City of Waco. On May 11, 2016, TWDB received the 2016
Region G regional water plan amendment materials and request for approval. These materials were reviewed by Board staff and the amendment to the regional water plan was approved by the Board on May 19,
2016.
Interested persons are encouraged to attend the hearing to present comments concerning the proposed amendment. Those who cannot attend
the hearing may provide written comments on or before July 5, 2016 to
Mr. Les Trobman, General Counsel, Texas Water Development Board,
P.O. Box 13231, Capitol Station, Austin, Texas 78711 or by email to
rulescomments@twdb.texas.gov. The TWDB will receive public comment on the proposed amendment until close of business at 5 p.m. on
July 5, 2016.
Copies of the proposed amendment are available for inspection during regular business hours at the Stephen F. Austin Building from the
Water Use, Projections, and Planning Division, Texas Water Development Board, 1700 North Congress Avenue, Austin, Texas 78701. If
you want to review these documents, please call (512) 475-2057 for arrangements to view them. A copy of the proposed amendment will also
be available on the Board's web site at http://www.twdb.texas.gov/waterplanning/swp/2017/index.asp.
TRD-201602518
Les Trobman
General Counsel
Filed: May 24, 2016
♦
♦
♦
41 TexReg 4123
Open Meetings
Statewide agencies and regional agencies that extend into four or more counties post
meeting notices with the Secretary of State.
Meeting agendas are available on the Texas Register's Internet site:
http://www.sos.state.tx.us/open/index.shtml
Members of the public also may view these notices during regular office hours from a
computer terminal in the lobby of the James Earl Rudder Building, 1019 Brazos (corner
of 11th Street and Brazos) Austin, Texas. To request a copy by telephone, please call
512-463-5561. Or request a copy by email: register@sos.state.tx.us
For items not available here, contact the agency directly. Items not found here:
• minutes of meetings
• agendas for local government bodies and regional agencies that extend into fewer
than four counties
• legislative meetings not subject to the open meetings law
The Office of the Attorney General offers information about the open meetings law, including Frequently Asked Questions, the Open Meetings Act Handbook, and Open
Meetings Opinions. http://texasattorneygeneral.gov/og/open-government
The Attorney General's Open Government Hotline is 512-478-OPEN (478-6736) or tollfree at (877) OPEN TEX (673-6839).
Additional information about state government may be found here:
http://www.texas.gov
...
Meeting Accessibility. Under the Americans with Disabilities Act, an individual with a
disability must have 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 services should notify the
contact person listed on the meeting notice several days before the meeting by mail,
telephone, or RELAY Texas. TTY: 7-1-1.
How to Use the Texas Register
Information Available: The sections of the Texas Register
represent various facets of state government. Documents contained
within them include:
Governor - Appointments, executive orders, and
proclamations.
Attorney General - summaries of requests for opinions,
opinions, and open records decisions.
Texas Ethics Commission - summaries of requests for
opinions and opinions.
Emergency Rules- sections adopted by state agencies on an
emergency basis.
Proposed Rules - sections proposed for adoption.
Withdrawn Rules - sections withdrawn by state agencies
from consideration for adoption, or automatically withdrawn by
the Texas Register six months after the proposal publication date.
Adopted Rules - sections adopted following public comment
period.
Texas Department of Insurance Exempt Filings - notices of
actions taken by the Texas Department of Insurance pursuant to
Chapter 5, Subchapter L of the Insurance Code.
Review of Agency Rules - notices of state agency rules
review.
Tables and Graphics - graphic material from the proposed,
emergency and adopted sections.
Transferred Rules- notice that the Legislature has
transferred rules within the Texas Administrative Code from one
state agency to another, or directed the Secretary of State to
remove the rules of an abolished agency.
In Addition - miscellaneous information required to be
published by statute or provided as a public service.
Specific explanation on the contents of each section can be
found on the beginning page of the section. The division also
publishes cumulative quarterly and annual indexes to aid in
researching material published.
How to Cite: Material published in the Texas Register is
referenced by citing the volume in which the document appears,
the words “TexReg” and the beginning page number on which that
document was published. For example, a document published on
page 2402 of Volume 40 (2015) is cited as follows: 40 TexReg
2402.
In order that readers may cite material more easily, page numbers
are now written as citations. Example: on page 2 in the lower-left
hand corner of the page, would be written “40 TexReg 2 issue
date,” while on the opposite page, page 3, in the lower right-hand
corner, would be written “issue date 40 TexReg 3.”
How to Research: The public is invited to research rules and
information of interest between 8 a.m. and 5 p.m. weekdays at the
Texas Register office, James Earl Rudder Building, 1019 Brazos,
Austin. Material can be found using Texas Register indexes, the
Texas Administrative Code section numbers, or TRD number.
Both the Texas Register and the Texas Administrative Code are
available online at: http://www.sos.state.tx.us. The Texas Register
is available in an .html version as well as a .pdf version through
the internet. For website information, call the Texas Register at
(512) 463-5561.
Texas Administrative Code
The Texas Administrative Code (TAC) is the compilation of
all final state agency rules published in the Texas Register.
Following its effective date, a rule is entered into the Texas
Administrative Code. Emergency rules, which may be adopted by
an agency on an interim basis, are not codified within the TAC.
The TAC volumes are arranged into Titles and Parts (using
Arabic numerals). The Titles are broad subject categories into
which the agencies are grouped as a matter of convenience. Each
Part represents an individual state agency.
The complete TAC is available through the Secretary of
State’s website at http://www.sos.state.tx.us/tac.
The Titles of the TAC, and their respective Title numbers are:
1. Administration
4. Agriculture
7. Banking and Securities
10. Community Development
13. Cultural Resources
16. Economic Regulation
19. Education
22. Examining Boards
25. Health Services
28. Insurance
30. Environmental Quality
31. Natural Resources and Conservation
34. Public Finance
37. Public Safety and Corrections
40. Social Services and Assistance
43. Transportation
How to Cite: Under the TAC scheme, each section is designated
by a TAC number. For example in the citation 1 TAC §27.15: 1
indicates the title under which the agency appears in the Texas
Administrative Code; TAC stands for the Texas Administrative
Code; §27.15 is the section number of the rule (27 indicates that
the section is under Chapter 27 of Title 1; 15 represents the
individual section within the chapter).
How to update: To find out if a rule has changed since the
publication of the current supplement to the Texas Administrative
Code, please look at the Index of Rules.
The Index of Rules is published cumulatively in the blue-cover
quarterly indexes to the Texas Register.
If a rule has changed during the time period covered by the table,
the rule’s TAC number will be printed with the Texas Register
page number and a notation indicating the type of filing
(emergency, proposed, withdrawn, or adopted) as shown in the
following example.
TITLE 1. ADMINISTRATION
Part 4. Office of the Secretary of State
Chapter 91. Texas Register
1 TAC §91.1……..........................................950 (P)
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June 3 issue (all sections)

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