PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

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1 TITLE 10. COMMUNITY DEVELOPMENT PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CHAPTER 1. ADMINISTRATION SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES 10 TAC 1.5 The Texas Department of Housing and Community Affairs (the "Department") adopts new 10 TAC 1.5, Waiver Applicability in the Case of Federally Declared Disasters without changes to the text published in the December 29, 2017, Texas Register (42 Tex Reg 7493). REASONED JUSTIFICATION. This new section specifies how the Department's rules will be applied in cases of federally declared disasters, specifically when the Department's rules reiterate federal regulations or requirements that have been waived, suspended, or amended. SUMMARY OF PUBLIC COMMENT AND STAFF RECOM- MENDATIONS. The public comment period was from January 2, 2018, through February 2, One comment was received from the Texas Association of Community Action Agencies, Inc. ("TACAA"). COMMENT SUMMARY: TACAA commented that they are appreciative of the Department's efforts to be proactive in assisting Texans affected by disasters and believes this rule will assist in doing so. TACAA recommends that the proposed rule also include a waiver of procurement rules for services during a disaster because procurement is time consuming and takes staff away from providing help, and because pools of vendors may be more limited during disasters making procurement even more challenging. TACAA also recommends including in the rule a waiver of federal poverty guidelines or at a minimum increasing the threshold from 125% of poverty to 150% or 200% of federal poverty guidelines. STAFF RESPONSE: The rule proposed does not eliminate or overrule any federal regulations unless those regulations are waived, suspended, or amended by a federal agency. If a rule that is changed federally relates to procurement or qualifying household poverty guidelines, this rule as drafted, with no further edits, would allow that waiver to apply to the Department's programs as well. However, if procurement requirements or household poverty guidelines are not waived federally, the Department does not have the authority, even through the rulemaking process, to waive those requirements. As drafted, the waiver/suspension/amendment could apply to issues associated with procurement and household poverty guidelines if federally waived. Staff recommends adopting the rule as proposed with no changes. STATUTORY AUTHORITY. The new rule is adopted pursuant to Tex. Gov't Code , which authorizes the Department to adopt rules. The adopted new rule affects no other code, article or statute. Filed with the Office of the Secretary of State on February 26, TRD Timothy K. Irvine Texas Department of Housing and Community Affairs Effective date: March 18, 2018 Proposal publication date: December 29, 2017 For further information, please call: (512) TAC 1.23 The Texas Department of Housing and Community Affairs (the "Department") adopts repeal of 10 TAC Chapter 1, 1.23, concerning the State of Texas Low Income Housing Plan and Annual Report (SLIHP) without changes to the proposed text as published in the December 29, 2017, issue of the Texas Register (42 TexReg 7494). The purpose of the repealed rule is to adopt by reference the 2018 SLIHP with a new rule adopted under a separate rulemaking action. The purpose of the SLIHP is to serve as a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. The document reviews the Department's programs, current and future policies, and resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance. The Department is required to submit the SLIHP annually to its Governing Board in accordance with Tex. Gov't Code REASONED JUSTIFICATION. The Department finds that Tex. Gov't Code specifically authorizes the Department to consider the SLIHP as a rule. Accordingly, the repealed rule adopts by reference the 2018 SLIHP with a new rule adopted under a separate rulemaking action. The purpose of the rule and referenced 2018 SLIHP is to serve as a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. The document reviews the Department's programs, current and future policies, resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance. ADOPTED RULES March 9, TexReg 1429

2 The TDHCA Governing Board approved the 2018 SLIHP and the final order adopting the repealed rule on February 22, SUMMARY OF PUBLIC COMMENTS. The public comment period for the repealed rule was held between December 29, 2017, and January 18, No public comment was received. STATUTORY AUTHORITY. The repealed rule is adopted pursuant to the authority of Tex. Gov't Code which authorizes the Department to adopt rules and pursuant to Tex. Gov't Code which specifically authorizes the Department to consider the SLIHP as a rule. The repealed rule affects no other code, article or statute. TRD Timothy K. Irvine Texas Department of Housing and Community Affairs Proposal publication date: December 29, 2017 For further information, please call: (512) TAC 1.23 The Texas Department of Housing and Community Affairs (the "Department") adopts new 10 TAC Chapter 1, 1.23, concerning the State of Texas Low Income Housing Plan and Annual Report (SLIHP) with changes to the proposed text as published in the December 29, 2017, Texas Register (42 TexReg 7494). The purpose of the new rule is to adopt by reference the 2018 SLIHP. The purpose of the SLIHP is to serve as a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. The document reviews the Department's programs, current and future policies, and resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance. The Department is required to submit the SLIHP annually to its Governing Board in accordance with Tex. Gov't Code REASONED JUSTIFICATION. The Department finds that Tex. Gov't Code specifically authorizes the Department to consider the SLIHP as a rule. Accordingly, the new rule adopts by reference the 2018 SLIHP. The purpose of the rule and referenced 2018 SLIHP is to serve as a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. The document reviews the Department's programs, current and future policies, resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance. SUMMARY OF PUBLIC COMMENT AND STAFF RECOMMEN- DATIONS. The public comment period for the new rule was held between December 29, 2017, and January 18, The public comment period for the 2018 SLIHP was held between December 18, 2017 and January 31, A public hearing for the 2018 SLIHP was held on January 31, 2018, in Austin, Texas. Written comments were accepted by mail, , and facsimile. Although no comments were received concerning the proposed new rule, the Department received one comment on the 2018 SLIHP from one source: Alamo Area Council of Governments ("AACOG"). Comment 1: The Department received one comment from one source: Alamo Area Council of Governments ("AACOG"). Comment 1: AACOG commented that the 2018 State of Texas Low Income Housing Plan and Annual Report should make reference to the definition of "supportive service-enriched communities" which was an agenda item for the January 31, 2018, Housing and Health Services Coordination Council Quarterly Meeting. Department Response: The Housing and Health Services Coordination Council ("HHSCC" or "the Council") is codified in Tex. Gov't Code and is coordinated through TDHCA ( The purpose of the Council is to increase state efforts to offer service-enriched housing through increased coordination of housing and health services. The Council seeks to improve interagency understanding and increase the number of staff in state housing and health services agencies that are conversant in both housing and services. Listed on the January 31, 2018, HHSCC Quarterly meeting agenda was a Discussion of the definition of Service-Enriched Housing (10 TAC, Chapter 1, Subchapter A, 1.11). Any continued definition discussion and rule review by HHSCC will not affect the SLIHP, but will be considered during formal review of that rule found at 10 TAC, Chapter 1, Subchapter A, Notification of open public comment periods is made through the Texas Register, which can be found at: No changes have been made to the 2018 SLIHP in response to this comment. The TDHCA Governing Board approved the 2018 SLIHP and the final order adopting the new rule on February 22, STATUTORY AUTHORITY. The new rule is adopted pursuant to the authority of Tex. Gov't Code which authorizes the Department to adopt rules and pursuant to Tex. Gov't Code which specifically authorizes the Department to consider the SLIHP as a rule. The new rule affects no other code, article or statute State of Texas Low Income Housing Plan and Annual Report (SLIHP). The Texas Department of Housing and Community Affairs ("TDHCA" or the "Department") adopts by reference the 2018 State of Texas Low Income Housing Plan and Annual Report ("SLIHP"). The full text of the 2018 SLIHP may be viewed at the Department's website: The public may also receive a copy of the 2018 SLIHP by contacting the Department's Housing Resource Center at (512) TRD TexReg 1430 March 9, 2018 Texas Register

3 Timothy K. Irvine Texas Department of Housing and Community Affairs Proposal publication date: December 29, 2017 For further information, please call: (512) TITLE 13. CULTURAL RESOURCES PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION CHAPTER 4. SCHOOL LIBRARY PROGRAMS SUBCHAPTER A. STANDARDS AND GUIDELINES 13 TAC 4.1 The Texas State Library and Archives Commission (Commission) adopts an amendment to 13 Texas Administrative Code (TAC) 4.1, including the revised School Library Programs: Standards and Guidelines for Texas. The amended section is adopted without changes to the proposed text as published in the November 24, 2017, issue of the Texas Register (42 TexReg 6589), and will not be republished. The proposed revision in the School Library Standards address the changes in the technology used in education as well as the increased access to and use of technology devices and tools in today's schools. The proposed standards also support the six common beliefs regarding what comprises an effective school library program as defined by the Texas Library Association and school librarians in the state of Texas versus the current standards which are based on the six required areas of certification for school librarians in Texas, last updated in The proposed standards also list the five levels of expectation attainment versus the four levels in the current standards. The five levels mirror the five levels presented in the T-TESS rubric. No comments were received regarding the adoption of the amendment. The amended rule is adopted pursuant to the requirements of Texas Education Code, that requires the Commission, in consultation with the State Board of Education, to adopt voluntary standards and guidelines for school library services Filed with the Office of the Secretary of State on February 16, TRD Jennifer Peters Director, Library Development and Networking Texas State Library and Archives Commission Effective date: March 8, 2018 Proposal publication date: November 24, 2017 For further information, please call: (512) TITLE 16. ECONOMIC REGULATION PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION CHAPTER 84. DRIVER EDUCATION AND SAFETY The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter A, 84.2; Subchapter C, and 84.44; Subchapter D, 84.51; Subchapter E, 84.62; Subchapter F, 84.70; Subchapter M, , and ; and Subchapter N, , regarding the Driver Education and Safety program, without changes to the proposed text as published in the December 8, 2017, issue of the Texas Register (42 TexReg 6856). The rules will not be republished. The adopted amendments primarily implement Senate Bill 848 (SB 848), House Bill 912 (HB 912), and House Bill 1372 (HB 1372), 85th Legislature, Regular Session (2017). The adopted amendments also replace outdated language and make editorial corrections. The legislation (SB 848/HB 912) removed outdated language; expanded the population of persons who are authorized to provide instruction in the 'parent taught driver education program; reduced the driver education course provider bond to $10,000; and authorized driver education and driving safety course completion certificates to be issued electronically. House Bill 1372 added a requirement that the curriculum for each driver education and safety course include information on the proper use of child passenger safety seats. The adopted amendments to 84.2 remove a definition that was repealed in SB 848 and HB 912 relating to certain qualification for license. The adopted amendments to implement SB 848 and HB 912 authorizing driver education certificates to be issued electronically. The adopted amendments to implement SB 848 and HB 912, removing a burdensome requirement in the driver education and driving safety instructor license renewal process. The adopted amendments to correct an existing typographical error. The adopted amendments to implement SB 848 and HB 912, reducing the driver education course provider bond to $10,000. The adopted amendments to repeal language that was repealed in SB 848 and HB 912 relating to certain qualifications for license. The adopted amendments to implement HB 1372, adding information relating to child passenger safety seats to driver education school curriculum. The adopted amendments to implement HB 1372, adding information relating to child passenger safety seats to driving safety course curriculum. The adopted amendments to implement HB 1372, adding information regarding the proper use of child passenger safety seats to specialized driving safety courses of instruction. The adopted amendments to implement HB 1372, adding information regarding the proper use of child passenger ADOPTED RULES March 9, TexReg 1431

4 safety seats to the driver education Program of Instruction for Public Schools. The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the December 8, 2017, issue of the Texas Register (42 TexReg 6856). The deadline for public comments was January 8, During the 30-day public comment period the Department did not receive any public comments. The Driver Training and Traffic Safety Advisory Committee (Committee) met on February 7, 2018, and recommended the proposed rules be adopted without changes. At its meeting held on February 20, 2018, the Commission adopted the proposed rules without changes as recommended by the Committee and the Department. SUBCHAPTER A. GENERAL PROVISIONS 16 TAC 84.2 The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) SUBCHAPTER C. DRIVER EDUCATION SCHOOLS AND INSTRUCTORS 16 TAC 84.41, The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) SUBCHAPTER D. PARENT TAUGHT DRIVER EDUCATION 16 TAC The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) SUBCHAPTER E. DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS 16 TAC The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. 43 TexReg 1432 March 9, 2018 Texas Register

5 Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) SUBCHAPTER F. DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS 16 TAC The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION 16 TAC , , The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) SUBCHAPTER N. PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS 16 TAC The amendments are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter No other statutes, articles, or codes are affected by the adoption. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: December 8, 2017 For further information, please call: (512) CHAPTER 92. RESPONSIBLE PET OWNERS 16 TAC 92.1, 92.10, , , 92.51, 92.52, 92.60, 92.80, 92.90, 92.91, The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 92, 92.1, 92.10, , , 92.52, 92.80, 92.90, and 92.95, regarding the registration of Course Providers and Online Responsible Pet Owner Courses, without changes to the proposed text as published in the January 12, 2018, issue of the Texas Register (43 TexReg 147). The rules will not be republished. The Commission also adopts new rules at 16 TAC, Chapter 92, and 92.60, regarding the registration of Course Providers and Online Responsible Pet Owner Courses, with changes to the proposed text as published in the January 12, ADOPTED RULES March 9, TexReg 1433

6 2018, issue of the Texas Register (43 TexReg 147). The rules will be republished. The Texas Legislature enacted House Bill 162 (H.B. 162), 85th Legislature, Regular Session (2017), which established the registration of Course Providers and Online Responsible Pet Owner courses to be administered by the Commission and the Texas Department of Licensing and Regulation (Department). The adopted new rules provide for the Department to perform the various functions, including registration, compliance, and enforcement, necessary to regulate this program. The adopted new rules are necessary to implement H.B The adopted new 92.1 establishes statutory authority. The adopted new creates the definitions to be used in the Responsible Pet Owners program. The adopted new provides for the course provider registration requirements. The adopted new establishes the renewal requirements for the course provider registration. The adopted new details when a registration may be denied. The adopted new provides for the responsible pet owner online course general requirements. The adopted new details the course requirements for the responsible pet owner online courses. The adopted new details the attendance verification requirements for the responsible pet owner online course. The adopted new establishes the responsibilities of course providers. The adopted new requires course providers to update information, including when a change of address occurs. The adopted new details the reporting and audit requirements and the manner by which reports must be submitted. The adopted new creates the fee structure to be used in the responsible pet owners program. The adopted new provides for complaints and investigations. The adopted new allows for administrative sanctions and penalties. The adopted new details the reporting requirements. The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the January 12, 2018, issue of the Texas Register (43 TexReg 147). The deadline for public comments was February 12, During the 30-day public comment period the Department received comments from two interested parties. The public comments received are summarized by issue below. Comment--The first commenter inquired as to why responsible pet owners would need this course. Department Response--The Department appreciates the commenter's inquiry and notes that House Bill 162 is designed for those defendants who are convicted of specific enumerated offenses involving animals. These rules have been promulgated to implement the directives from the legislation, and the goal of promoting responsible pet ownership throughout the state. The statute and the rules are directed at those individuals that violate the specific offenses. The Department did not make any changes to the proposed rules in response to this comment. Rule Section Comment--The second commenter contended the minimum length of the online course of two instructional hours, as indicated pursuant to subsection (f)(1), was insufficient to effectively convey all of the educational objections indicated in subsection (b) of the proposed rule. The commenter suggested increasing the minimum length of the course to five instructional hours to address the concern. The commenter also raised an issue with subsection (b)(3). The commenter contended that the educational topics should have also addressed cockfighting, in addition to dog fighting. Department Response--Subsection (f)(1) expresses a minimum amount of course length for online responsible pet owner courses to address the educational objectives. The Department will examine each application for course approval to determine if the course meets the educational objectives as enumerated in subsection (b). If it can do so within the minimum amount of time, the course shall be approved. The rule has been constructed to give applicants flexibility in the construction of the course to sufficiently meet the educational objectives, if the course length exceeds the minimum duration. The Department notes that House Bill 162 addresses convictions for specific offenses involving animals that would empower a judge to order a defendant to complete an online responsible pet owner course. The specific offenses do not include cockfighting, which is found under Texas Penal Code While the legislation does not specifically include cockfighting as an enumerated offense for the imposition of an online responsible pet owner course, there is neither a statutory nor rule prohibition to the inclusion of course information on cockfighting to the course. The Department did not make any changes to the proposed rules in response to this comment. Rule Section Comment--The second commenter disagreed with subsection (c)(3)(c) that the participant should not be given the correct answer with an explanation after submitting an incorrect answer to a content validation question after completion of a major unit or section of the course. The commenter contended that the participant would receive an educational benefit in reinforcing the material in the mind of the participant if the correct answer was provided. Department Response--The Department notes that education is a purpose of the course. The purpose of subsection (c)(3)(c) is to evaluate the participant's mastery of the course content through the correct response to examination questions. Moreover, the test bank of questions is limited and if the course were to give the correct answers to incorrect responses, a participant that is required to retake the course may have an unfair advantage in remembering the correct response given to him in the event the same question appeared in a retest, rather than learning from paying attention to the course material. The Department did not make any changes to the proposed rules in response to this comment. At its meeting held on February 20, 2018, the Commission adopted the proposed rules with changes as recommended by the Department. 43 TexReg 1434 March 9, 2018 Texas Register

7 The new rules are adopted under Texas Occupations Code, Chapter 51, which authorizes 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. The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Code of Criminal Procedure, Article 42A.511. No other statutes, articles, or codes are affected by the adoption Responsibilities of Course Providers. (a) A course provider must: (1) ensure that courses are delivered online in a manner conducive to learning; (2) include the department-issued provider and course numbers in all advertisements and webpages; and (3) issue a certificate of completion to each participant who completes the course. (b) The certificate of completion must be printable by the person completing the course and include: (1) title and number of the course; (2) unique participant registration number; (3) course provider name, provider number, course name and number, and telephone number; (4) case or cause number for the offense; (5) offense type; (6) court number and county of the offense; (7) date of the offense; (8) course completion date; (9) number of instructional hours; (10) name of the participant who completed the course; (11) electronic signature of the course provider authorized representative, and the participant; and (12) the following statement, signed by the participant: "Under penalty of law, I attest to the fact by name and signature on this document I have successfully completed the number of hours as required under Texas Administrative Code, Title 16, Chapter 92, and that any false information on this document will be used as evidence against me in a court of law and/or administrative proceeding." (c) A course provider may not publish false or misleading advertisements. (d) Course providers are responsible for the conduct and administration of their courses, including the verification of participant attendance and course performance. Course providers must ensure that their courses are administered in a manner consistent with the representations contained in the application for course approval Records and Audits. (a) A course provider must retain participant records, as identified by 92.51(b), for a period of two years after completion of a course. (b) To determine whether a course provider is complying with the requirements of this chapter, department employees and representatives may conduct an audit of the approved course. Audits may be conducted without prior notice to the course provider and department employees and representatives may enroll in a course without identifying themselves as employees or representative of the department. (c) Course providers must maintain a means to ensure the security and integrity of participant information which must include a privacy policy statement. The privacy policy statement must be provided to course registrants at the time of registration. (d) Upon request, a course provider must provide information, including copies of specified records, to the department within ten business days of the date of the request. Filed with the Office of the Secretary of State on February 22, TRD Brian E. Francis Texas Department of Licensing and Regulation Proposal publication date: January 12, 2018 For further information, please call: (512) TITLE 22. EXAMINING BOARDS PART 5. STATE BOARD OF DENTAL EXAMINERS CHAPTER 110. SEDATION AND ANESTHESIA 22 TAC The State Board of Dental Examiners (Board) adopts repeal of rule 110.8, concerning Provisional Anesthesia and Portability Permits, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5630). The rule is being repealed to comply with SB 313's elimination of portability permits. The Board received supportive comments from the Texas Academy of General Dentistry. This rule is being repealed under Texas Occupations Code (a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety. Filed with the Office of the Secretary of State on February 26, TRD ADOPTED RULES March 9, TexReg 1435

8 Tyler Vance Interim State Board of Dental Examiners Effective date: March 18, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) CHAPTER 111. EXAMINERS 22 TAC STATE BOARD OF DENTAL The State Board of Dental Examiners (Board) adopts an amendment to rule 111.3, concerning Prescription Monitoring by the Dentist, with a modification to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5633). The rule requires that dentists look at a patient's PMP report prior to prescribing or dispensing certain drugs. This rule is being adopted to comply with HB The rule has been modified from the proposed version to clarify that the law and the rule does not go into effect until September 1, This modification is being adopted without re-proposal because it does not expand the scope of affected parties and provides clarification, rather than additional requirements. The Board received supportive comments from the Texas Dental Association and the Texas Academy of General Dentistry. This amendment is adopted under Texas Occupations Code (a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety Prescription Monitoring by the Dentist. (a) Prior to prescribing or dispensing opioids, benzodiazepines, barbiturates, or carisoprodol, a dentist shall access the patient's prescription drug history report through the Texas State Board of Pharmacy's Prescription Monitoring Program (PMP) Clearinghouse. Failure to do so is grounds for disciplinary action. (b) The act described above in subsection (a) of this section may be performed by an employee or other agent of the dentist acting at the direction of the dentist so long as that employee or agent acts in compliance with HIPAA and the employee or agent only accesses information related to a particular patient of the dentist. The dentist is responsible for any unauthorized access by an employee or other agent. (c) Exceptions: the act described above in subsection (a) of this section is not necessary if the patient has been diagnosed with cancer or is receiving hospice care and that status is clearly noted in the patient's record. (d) It is not violation if the dentist makes a good faith attempt to comply with subsection (a) of this section but is unable to because circumstances outside the dentist's control and those circumstances are clearly noted in the patient's record. (e) This rule is effective on September 1, 2019, in accordance with H.B of the 85th Texas Legislature. Filed with the Office of the Secretary of State on February 26, TRD Tyler Vance Interim State Board of Dental Examiners Effective date: March 18, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) TAC The State Board of Dental Examiners (Board) adopts new rule 111.4, concerning Prescription Monitoring by the Board, with changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5633). The rule requires that the Board randomly search dentists' PMP report to look for prescription abuse. This rule is being adopted to comply with H.B The rule has been modified from the proposed version to clarify that the law and the rule does not go into effect until September 1, This modification is being adopted without re-proposal because it does not expand the scope of affected parties and provides clarification, rather than additional requirements. The Board received supportive comments from the Texas Dental Association and the Texas Academy of General Dentistry. This new rule is adopted under Texas Occupations Code (a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety Prescription Monitoring by the Board. (a) The Board shall promulgate specific guidelines for dentists for the responsible prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol. (b) The Board shall periodically access a dentist's prescription information through the Prescription Monitoring Program to determine whether they are engaging in potentially harmful prescribing patterns or practices. This determination will be based on: (1) the number of times a dentist prescribes opioids, benzodiazepines, barbiturates, or carisoprodol; and (2) patterns of prescribing combinations of those drugs and other dangerous combinations identified by the Texas State Board of Pharmacy. (c) The Board shall notify a dentist if the agency discovers that the dentist may be engaging in potentially harmful prescribing patterns or practices. (d) The Board may open a complaint against a dentist if the agency finds evidence during a periodic check that the dentist is engaging in conduct that violates any laws or rules related to the practice of dentistry. (e) This rule is effective on September 1, 2019, in accordance with H.B of the 85th Texas Legislature. 43 TexReg 1436 March 9, 2018 Texas Register

9 Filed with the Office of the Secretary of State on February 26, TRD Tyler Vance Interim State Board of Dental Examiners Effective date: March 18, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS 22 TAC The State Board of Dental Examiners (Board) adopts an amendment to rule 114.1, concerning Permitted Duties, with changes to correct grammatical errors to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5634). The rule establishes that dentists are responsible for verifying that an RDA has sufficient additional training prior to delegating them the tasks of pit and fissure sealing or coronal polishing. The Board received supportive comments from the Texas Academy of General Dentistry and the Texas Dental Hygienists Association. This amendment is adopted under Texas Occupations Code (a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety Permitted Duties. (a) A dentist may delegate to a dental assistant the authority to perform only acts or procedures that are reversible. An act or procedure that is reversible is capable of being reversed or corrected. (b) A dentist may not delegate or otherwise authorize a dental assistant to perform any task for which a certificate or additional training is required under this section, unless the dental assistant holds the required certificate or has obtained the additional training. (c) A dental assistant may perform tasks under a dentist's general or direct supervision. For the purposes of this section: (1) "General supervision" means that the dentist employs or is in charge of the dental assistant and is responsible for supervising the services to be performed by the dental assistant. The dentist may or may not be present on the premises when the dental assistant performs the procedures. (2) "Direct supervision" means that the dentist employs or is in charge of the dental assistant and is physically present in the office when the task is performed. Physical presence does not require that the supervising dentist be in the treatment room when the dental assistant performs the service as long as the dentist is in the dental office. (d) The dentist shall remain responsible for any delegated act. (e) The clinical tasks that a dental assistant can perform under general supervision are limited to: (1) the making of dental x-rays in compliance with the Occupations Code, ; and (2) the provision of interim treatment of a minor emergency dental condition to an existing patient of the treating dentist in accordance with the Occupations Code, (a-1). For purposes of this paragraph only, "existing patient" means a patient that the supervising dentist has examined in the twelve (12) months prior to the interim treatment. A treating dentist who delegates the provision of interim treatment of a minor emergency condition to a dental assistant shall schedule a follow-up appointment with the patient within 30 days. It is not a violation if the dentist makes a good faith attempt to schedule a follow-up appointment with the patient within 30 days but is unable to because of circumstances outside the dentist's control and those circumstances are clearly noted in the patient's record. Filed with the Office of the Secretary of State on February 26, TRD Tyler Vance Interim State Board of Dental Examiners Effective date: March 18, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) TAC The State Board of Dental Examiners (Board) adopts amendments to rule 114.3, concerning Pit and Fissure Sealant, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5635). The rule eliminates certificates for pit and fissure sealants but maintains all the same training requirements to perform the task. The Board received supportive comments from the Texas Dental Association, the Texas Academy of General Dentistry, and the Texas Dental Hygienists Association. This amendment is adopted under Texas Occupations Code (a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety. Filed with the Office of the Secretary of State on February 26, TRD Tyler Vance Interim State Board of Dental Examiners Effective date: March 18, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) ADOPTED RULES March 9, TexReg 1437

10 22 TAC The State Board of Dental Examiners (Board) adopts an amendment to rule 114.5, concerning Pit and Fissure Sealant, without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5636). The rule eliminates certificates for coronal polishing but maintains all the same training requirements to perform the task. The Board received supportive comments from the Texas Dental Association, the Texas Academy of General Dentistry, and the Texas Dental Hygienists Association. This amendment is adopted under Texas Occupations Code (a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety. Filed with the Office of the Secretary of State on February 26, TRD Tyler Vance Interim State Board of Dental Examiners Effective date: March 18, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS CHAPTER 131. ORGANIZATION AND ADMINISTRATION The Texas Board of Professional Engineers (Board) adopts amendments to , concerning Committees; ,concerning Public Participation; new , concerning Negotiated Rule Making Procedures; and new , concerning Mediation and Alternative Dispute Resolution, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7077) and will not be republished. The adopted change to removes an unrequired restriction on the way Committees of the Board are established. The adopted change to clarifies that public comment at open meetings may be restricted to prevent ex parte communication prohibited under Texas Government Code The adopted additions of and put statutory requirements regarding alternative dispute resolution into Board Rules as mandated by Texas Occupations Code The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed. SUBCHAPTER A. ORGANIZATION OF THE BOARD 22 TAC The amendment is adopted pursuant to Texas Occupations Code , which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state. TRD Lance Kinney, Ph.D., P.E. Texas Board of Professional Engineers Proposal publication date: December 15, 2017 For further information, please call: (512) SUBCHAPTER C. MEETINGS 22 TAC The amendment is adopted pursuant to Texas Occupations Code , which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state. TRD Lance Kinney, Ph.D., P.E. Texas Board of Professional Engineers Proposal publication date: December 15, 2017 For further information, please call: (512) SUBCHAPTER F. ADMINISTRATION 22 TAC The new rule is adopted pursuant to Texas Occupations Code , which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state. 43 TexReg 1438 March 9, 2018 Texas Register

11 TRD Lance Kinney, Ph.D., P.E. Texas Board of Professional Engineers Proposal publication date: December 15, 2017 For further information, please call: (512) SUBCHAPTER H. ALTERNATIVE DISPUTE RESOLUTION 22 TAC The new rule is adopted pursuant to Texas Occupations Code , which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state. TRD Lancy Kinney, Ph.D., P.E. Texas Board of Professional Engineers Proposal publication date: December 15, 2017 For further information, please call: (512) CHAPTER 133. LICENSING SUBCHAPTER B. PROFESSIONAL ENGINEER LICENSES 22 TAC The Texas Board of Professional Engineers (Board) adopts amendments to , concerning Branches of Engineering; , concerning Application for Standard License; , concerning Applications from Former Standard License Holders; , concerning Applications from Engineering Educators; , concerning Application for Temporary License for Engineers Currently Licensed Outside the United States; , concerning Experience Evaluation; , concerning Review, Evaluation and Processing of Applications; , concerning Personal Interviews of Applicants; , concerning Issuance of License; and , concerning Processing of Applications with a Criminal Conviction, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7080) and will not be republished. The adopted change to adds Welding as a recognized discipline of engineering. The adopted changes to , , , and clarify in rule that the Board, the Licensing Committee and staff may ask for additional information or documentation to ensure eligibility of an applicant and make the rules more consistent with current practice. The adopted change to clarifies the ability to claim experience credit for an advanced engineering degree from an accredited program if the applicant has another prior engineering degree and makes it more consistent with current practice. The adopted change to clarifies the expectations for applicants regarding the review and processing of an application and makes it more consistent with current practice. The adopted change to eliminates a reference to a fee that is no longer collected. The adopted change to put into rule the currently used Board-approved policy regarding how the Board and staff will handle and process applications when the applicant has a reportable criminal incident on his or her record. The Board received several comments regarding the change to Commenters generally objected to adding the trade of welding to the Board rules. All comments were responded to individually with an explanation that the Board is adding welding engineering to the rule and not the trade of welding. All commenters accepted the explanation with no additional opposition. No other comments were received for or against the proposed rule changes. No changes were made to the rules as proposed. The amendment is adopted pursuant to Texas Occupations Code , which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state. TRD Lance Kinney, Ph.D., P.E. Texas Board of Professional Engineers Proposal publication date: December 15, 2017 For further information, please call: (512) SUBCHAPTER C. PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS 22 TAC , , , ADOPTED RULES March 9, TexReg 1439