Volume 43 Number 5 February 2, 2018 Pages

Transcription

1 Volume 43 Number 5 February 2, 2018 Pages

2 School children's artwork is used to decorate the front cover and blank filler pages of the Texas Register. Teachers throughout the state submit the drawings for students in grades K-12. The drawings dress up the otherwise gray pages of the Texas Register and introduce students to this obscure but important facet of state government. The artwork featured on the front cover is chosen at random. Inside each issue, the artwork is published on what would otherwise be blank pages in the Texas Register. These blank pages are caused by the production process used to print the Texas Register. Texas Register, (ISSN , USPS ), is published weekly (52 times per year) for $ ($ for first class mail delivery) by Matthew Bender & Co., Inc., 3 Lear Jet Lane Suite 104, P O Box 1710, Latham, NY Material in the Texas Register is the property of the State of Texas. However, it may be copied, reproduced, or republished by any person without permission of the Texas Register director, provided no such republication shall bear the legend Texas Register or "Official" without the written permission of the director. The Texas Register is published under the Government Code, Title 10, Chapter Periodicals Postage Paid at Albany, N.Y. and at additional mailing offices. POSTMASTER: Send address changes to the Texas Register, 136 Carlin Rd., Conklin, N.Y Secretary of State - Rolando B. Pablos Director - Robert Sumners a section of the Office of the Secretary of State P.O. Box Austin, TX (512) FAX (512) register@sos.texas.gov Staff Leti Benavides Belinda Kirk Deana Lackey Jill S. Ledbetter Cecilia Mena Joy L. Morgan Breanna Mutschler Barbara Strickland Tami Washburn

3 ATTORNEY GENERAL Opinions PROPOSED RULES TEXAS DEPARTMENT OF LICENSING AND REGULATION ELECTRICIANS 16 TAC 73.10, 73.20, 73.24, 73.25, LICENSED BEHAVIOR ANALYST AND LICENSED ASSISTANT BEHAVIOR ANALYST 16 TAC 121.1, , , , , , , , , SANITARIANS 16 TAC CODE ENFORCEMENT OFFICERS 16 TAC MASSAGE THERAPISTS 16 TAC LASER HAIR REMOVAL 16 TAC TEXAS MOLD ASSESSMENT AND REMEDIATION 16 TAC OFFENDER EDUCATION PROGRAMS (FOR ALCOHOL AND DRUG-RELATED OFFENSES) 16 TAC TEXAS HIGHER EDUCATION COORDINATING BOARD RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS 19 TAC , 5.45, 5.46, 5.48, , TAC TEXAS EDUCATION AGENCY COMMISSIONER'S RULES CONCERNING EXAMINATION REQUIREMENTS 19 TAC STATE BOARD OF DENTAL EXAMINERS DENTAL LICENSURE 22 TAC SEDATION AND ANESTHESIA 22 TAC TAC TAC TEXAS MEDICAL BOARD PHYSICIAN ASSISTANTS 22 TAC 185.4, 185.6, 185.8, , , , TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS PRACTICE AND PROCEDURE 22 TAC TAC TAC TAC TAC TAC TAC TEXAS STATE SOIL AND WATER CONSERVATION BOARD CARRIZO CANE ERADICATION PROGRAM 31 TAC TEXAS JUVENILE JUSTICE DEPARTMENT JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS 37 TAC , , , , , , , , , , , , , , , , , , TAC , , , JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS 37 TAC , , , TAC , , , , , , , , , , , , TAC TAC TEXAS WORKFORCE COMMISSION APPRENTICESHIP TRAINING PROGRAM 40 TAC TAC , , TAC WITHDRAWN RULES STATE BOARD OF DENTAL EXAMINERS SEDATION AND ANESTHESIA 22 TAC ADOPTED RULES DEPARTMENT OF INFORMATION RESOURCES TABLE OF CONTENTS 43 TexReg 493

4 MANAGEMENT OF ELECTRONIC TRANSAC- TIONS AND SIGNED RECORDS 1 TAC TAC TEXAS DEPARTMENT OF AGRICULTURE TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION 4 TAC STATE BOARD OF DENTAL EXAMINERS GENERAL PROVISIONS 22 TAC TAC TAC CONTINUING EDUCATION 22 TAC DENTAL BOARD PROCEDURES 22 TAC SEDATION AND ANESTHESIA 22 TAC TEXAS MEDICAL BOARD MEDICAL PHYSICISTS 22 TAC DEPARTMENT OF STATE HEALTH SERVICES HOSPITAL LICENSING 25 TAC TAC PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS 25 TAC TAC BIRTHING CENTERS 25 TAC ABORTION FACILITY REPORTING AND LICENSING 25 TAC FOOD AND DRUG 25 TAC , TAC TAC , , TAC TAC , GENERAL SANITATION 25 TAC OCCUPATIONAL HEALTH 25 TAC COMPTROLLER OF PUBLIC ACCOUNTS TAX ADMINISTRATION 34 TAC TAC TAC RULE REVIEW Proposed Rule Reviews Texas Board of Professional Geoscientists Adopted Rule Reviews Texas Alcoholic Beverage Commission IN ADDITION Texas Department of Agriculture 2018 Specialty Crop Block Grant Program Request for Applications Office of the Attorney General Fiscal Year 2018 Exemptions Granted Texas Department of Banking Correction of Error Office of Consumer Credit Commissioner Notice of Rate Ceilings Texas Education Agency Request for Applications Concerning the Texas Education for Homeless Children and Youth (TEHCY) Grant Program Texas Commission on Environmental Quality Agreed Orders Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit Enforcement Orders 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 Notice of Public Hearing Notice of Public Hearing Notice of Water Quality Application Proposal for Decision Texas Facilities Commission Request for Proposals # TABLE OF CONTENTS 43 TexReg 494

5 Request for Proposals # Request for Proposals # General Land Office Notice of Derelict Vessels Notice of Derelict Vessels Department of State Health Services Licensing Actions for Radioactive Materials Schedules of Controlled Substances Texas Department of Housing and Community Affairs 2017 HOME Single Family Programs HBA and TBRA General Set- Aside Notice of Funding Availability HOME Single Family Programs HRA General Set-Aside Notice of Funding Availability Notice of Public Comment Period on a Draft Substantial Amendment of the State of Texas Consolidated Plan Texas Department of Insurance Company Licensing Texas Lottery Commission Scratch Ticket Game Number 2033 "High Roller" Scratch Ticket Game Number 2081 "Double Bonus Crossword" Scratch Ticket Game Number 2084 "Mega Loteria" Panhandle Regional Planning Commission Legal Notice Public Utility Commission of Texas Notice of Application for Retail Electric Provider Certification Notice of Application for Retail Electric Provider Certification Notice of Application for Sale, Transfer or Merger Notice of Application for Service Area Exception Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line Notice of Application to Amend a Service Provider Certificate of Operating Authority Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release Texas Department of Transportation Notice of Award Public Notice - Aviation Request for Offer - Toll Operations Division Texas Water Development Board Applications for January Notice of Public Hearing on Draft Amendments to the State Fiscal Year 2018 Clean and Drinking Water State Revolving Fund Intended Use Plans TABLE OF CONTENTS 43 TexReg 495

6 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: 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 Or request a copy by register@sos.texas.gov 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. The Attorney General's Open Government Hotline is OPEN ( ) or tollfree at (877) OPEN TEX ( ). Additional information about state government may be found here: 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 Opinions Opinion No. KP-0177 The Honorable Paul Bettencourt Chair, Select Committee on Property Tax Reform Texas State Senate Post Office Box Austin, Texas Re: Restrictions on the use of a school district's public funds to provide transportation to and from polling places and for political communications for or against a particular measure or candidate (RQ-0201-KP) S U M M A R Y Absent an educational purpose in providing students transportation to the polling locations, a court would likely conclude that the transportation serves no public purpose of the school district and therefore violates article III, section 52(a) of the Texas Constitution. If a school district employee has no responsibility or duty to perform on behalf of the school district at the polling location, a court would likely conclude that a school district's funding of transportation to the polling location for that individual serves no public purpose of the school district and therefore violates article III, section 52(a) of the Texas Constitution. Section of the Education Code prohibits a board of trustees of a school district from using public funds to work for a particular measure or candidate. In addition, subsection (a) of the Election Code makes it a criminal offense for an officer or employee of a school district to knowingly spend or authorize the spending of public funds for political advertising. A court would likely conclude that the use of public funds to link to an Internet website promoting a specific candidate or measure is itself a communication supporting or opposing a candidate or measure in violation of this provision. For further information, please access the website at or call the Opinion Committee at (512) TRD Amanda Crawford General Counsel Office of the Attorney General Filed: January 17, 2018 ATTORNEY GENERAL February 2, TexReg 497

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9 TITLE 16. ECONOMIC REGULATION PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION CHAPTER 73. ELECTRICIANS 16 TAC 73.10, 73.20, 73.24, 73.25, The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 73, 73.10, 73.20, 73.24, 73.25, and 73.80, regarding the Electricians program. JUSTIFICATION AND EXPLANATION OF THE RULES The proposed rules implement changes from House Bill 1698, 85th Legislature, Regular Session (2017), which creates the journeyman industrial electrician license. The proposed rules add a definition, application and renewal fees, continuing education requirements, and address eligibility and waiver of examination requirements for the journeyman industrial electrician license. The proposed rules are necessary to implement House Bill SECTION-BY-SECTION SUMMARY The proposed amendment to adds the definition "journeyman industrial electrician". The proposed amendments to require an applicant for the journeyman industrial electrician license to submit documentation proving the required amount of on-the-job-training. The proposed amendments to allow waiver of the examination requirement for journeyman industrial electricians when applicable. The proposed amendments to require four hours of annual continuing education for journeyman industrial electricians. The proposed amendments to create an application and renewal fee for the journeyman industrial electrician license. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules. Mr. Francis has determined that for each of the first five years the proposed rules are in effect, there will be an increase in revenues to state government as a result of enforcing or administering the proposed rules. The initial and renewal fees for the journeyman industrial electrician license will be $30.00 each. As a result, the Department expects an increase in revenue of $90 for the first fiscal year; $270 for the second fiscal year; $540 for the third; $900 for the fourth; and $1,350 for the fifth fiscal year. Mr. Francis has determined that for the first five-year period the proposed rules are in effect, there will be no fiscal implications for local governments as a result of enforcing or administering the proposed rules. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code PUBLIC BENEFITS Mr. Francis has also determined that for each year of the first five-year period, the proposed rules are in effect, the public will benefit from a more skilled and qualified labor force in the electrical industry. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed rules are in effect, there will be economic costs to persons who desire to become journeyman industrial electricians. An individual wishing to become a certified technician pursuant to the provisions of House Bill 1698 and the proposed rules will be required to pay an application fee of $30 and an annual renewal fee of $30. Additionally, journeyman industrial electricians will be required to obtain four hours of continuing education annually. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, microbusinesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule PROPOSED RULES February 2, TexReg 499

10 to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. There are exceptions for certain types of rules under (c). Because the proposed rules are necessary to implement legislation, namely House Bill 1698, the agency is not required to take any further action under Government Code See Government Code (c)(9). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the rule will be in effect, the agency has determined the following: (1) The proposed rules do not create or eliminate a government program. These proposed rules implement House Bill 1698, which creates the journeyman industrial electrician license within the Department's existing Electrical program. (2) Implementation of the proposed rules will not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed rules will not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed rules require an increase in fees paid to the agency. House Bill 1698 requires applicants to prove experience requirements and to pass a Department-developed examination. These requirements necessitate an application and renewal fee for the license. (5) The proposed rules do not create a new regulation. (6) The proposed rules expand existing regulations by recognizing and implementing the journeyman industrial electrician license. (7) The proposed rules do not increase or decrease the number of individuals subject to the rule's applicability. Persons wishing to obtain the journeyman industrial electrician license may do so, but are not required to by law. (8) The proposed rules do not adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Ana Villarreal, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The amendments are proposed under Texas Occupations Code, Chapters 51 and 1305, 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 proposal are those set forth in Texas Occupations Code, Chapters 51 and No other statutes, articles, or codes are affected by the proposal Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) - (27) (No change.) (28) Journeyman Industrial Electrician--An individual who engages in electrical work exclusively at a business that operates a chemical plant, petrochemical plant, refinery, natural gas plant, natural gas treating plan, pipeline, or oil and gas exploration and production operation Licensing Requirements--Applicant and Experience Requirements. (a) An applicant for a license must submit the required fees with a completed application and the appropriate attachments: (1) Applicants for Master Electrician, Master Sign Electrician, Journeyman Electrician, Journeyman Sign Electrician, Residential Wireman, Journeyman Lineman, [and] Maintenance Electrician and Journeyman Industrial Electrician licenses must submit documentation proving the required amount of on-the-job-training. (2) - (4) (No change.) (b) - (d) (No change.) Licensing Requirements--Waiver of Examination Requirements. (a) An applicant who is licensed in another state that has entered into a reciprocity agreement with Texas regarding licensure of electricians, sign electricians, journeyman linemen, journeyman industrial electricians [lineman], or residential appliance installers may obtain an equivalent license in Texas without passing the examination, provided that all other licensure requirements are met, as defined by Texas Occupations Code, Chapter (b) - (c) (No change.) Continuing Education. (a) (No change.) (b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, journeyman lineman, [or] maintenance electrician, or journeyman industrial electrician must complete four hours of continuing education in: (1) the National Electrical Code, as adopted under Title 8, Occupations Code , or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA); (2) state law and rules that regulate the conduct of licensees; and (3) safety as defined in the National Fire Protection Association (NFPA) 70E. (c) - (n) (No change.) Fees. (a) Application fees: (1) - (14) (No change.) (15) Journeyman Industrial Electrician--$30 (b) Renewal fees: (1) - (13) (No change.) (14) Journeyman Industrial Electrician--$30 43 TexReg 500 February 2, 2018 Texas Register

11 (c) - (e) (No change.) 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 January 22, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 121. LICENSED BEHAVIOR ANALYST AND LICENSED ASSISTANT BEHAVIOR ANALYST 16 TAC 121.1, , , , , , , , , The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC), Chapter 121, 121.1, , , , , , , , and , regarding the Licensed Behavior Analyst and Licensed Assistant Behavior Analyst program. JUSTIFICATION AND EXPLANATION OF THE RULES Senate Bill 589, 85th Legislature, Regular Session (2017) established Texas Occupations Code, Chapter 506, which requires the Texas Commission of Licensing and Regulation (Commission) and the Department to license and regulate behavior analysts and assistant behavior analysts. SECTION-BY-SECTION SUMMARY The proposed new provides the citation to the statutory authority. The proposed new provides the requirements for a complete application in the behavior analyst program. The proposed new establishes the licensing requirements for the behavior analyst. The proposed new establishes the licensing requirements for the assistant behavior analyst. The proposed new provides for the examination required for licensure. The proposed new provides the educational requirements for licensure. The proposed new establishes continuing education requirements to maintain licensure. The proposed new details the renewal process and requirements. The proposed new explains the conditions for inactive status for a license. The proposed new provides conditions regarding exemptions for persons not required to comply with this chapter. The proposed new details the reporting requirements for license holders. The proposed new details the composition of the behavior analyst advisory board and the qualifications for membership. The proposed new provides the advisory board duties. The proposed new explains the advisory board member term of service and vacancy information. The proposed new establishes the appointment and duties of the advisory board presiding officer. The proposed new provides the conditions for meetings of the advisory board. The proposed new details responsibilities of license holders. The proposed new creates the code of ethics to which license holders must adhere. The proposed new creates the fees payable in the behavior analyst program. The proposed new explains the basis and guidelines for taking disciplinary action. The proposed new details how license holders must provide complaint information and explains the handling of complaints. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for the first five-year period the proposed new rules are in effect there will be a direct cost to the state of $111,420 for the first year; $246,788 for the second year; and $246,148 for each subsequent year. These costs are a result of the Department needing to hire 3.5 additional full time employees to administer the behavior analyst program, and for conducting criminal history background checks. Mr. Francis has determined that during the first five years the proposed new rules are in effect, the state will receive approximately $493,800 in the first, third, and fifth years, and negligible amounts in other years. The expected revenues result from fees for the initial license and subsequent renewal of licenses every two years in the behavior analysis program. Enforcing or administering the proposed new rules does not have foreseeable implications relating to cost or revenues of local governments. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed new rules will not affect local economies, so the agency is not required to prepare a local employment impact statement under Government Code PUBLIC BENEFITS Mr. Francis has also determined that for each year of the first five-years that the proposed new rules are in effect, the public will benefit from effective and efficient regulation of the behavior analyst profession, which enhances public health, safety, and welfare. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL PROPOSED RULES February 2, TexReg 501

12 Mr. Francis has determined that for the first five-year period the proposed new rules are in effect, there will be economic costs of a $390 licensing fee and a subsequent renewal fee of $390 for Behavior Analysts, and a $330 licensing fee and a subsequent renewal fee of $330 for Assistant Behavior Analysts who are required to comply with the proposed new rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES The Department estimates that approximately 1,280 persons will be required to become licensed under the new law and rules. It is not known how many of these prospective license holders are operating as small or micro businesses, but the Department estimates that many of them are a small or micro- business or part of one. For those who are operating as small or micro businesses, there will be an adverse economic effect equal to the amount of the licensure fee of $390 for each behavior analyst and $330 for each assistant behavior analyst. There will be an additional economic impact of either $330 or $390 per license every two years at the time of license renewal. The proposed rules have no anticipated adverse economic effect on other small or micro businesses. The purpose of the new law is to regulate persons practicing behavior analysis through the creation of a licensing program. Alternative ways to regulate behavior analysts and assistant behavior analysts could include certification or registration programs. Such regulatory approaches might create less economic impact on small or micro businesses if fees could be lower. However; the new law mandates the establishment of a licensing program that collects sufficient revenue in fees to cover the cost of operating the program, and the fees have so been established. The required regulatory approach is consistent with the health, safety, and welfare of the state and no other regulatory methods that could reduce economic impacts on small or micro businesses must be analyzed. A Regulatory Flexibility Analysis as detailed under Texas Government Code , is not required. There is no anticipated adverse effect on rural communities as a result of the proposed new rules. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed new rules implement legislation, which is an exception under (c). Therefore, the agency is not required to take any further action under Government Code (c). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed new rules will be in effect, the agency has determined the following: (1) The proposed rules do not create a government program. However, S.B. 589 created Texas Occupations Code, Chapter 506, which requires the Commission and the Department to regulate Behavior Analysts and Assistant Behavior Analysts. (2) Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed rules require an increase in fees paid to the agency by establishing a licensing fee. The fees are necessary to cover the costs of administering the program. (5) The proposed rules create a new regulation by implementing Texas Occupations Code, Chapter 506. The proposed rules are written so as to require the minimum amount of regulation necessary. (6) The proposed rules do not expand, limit, or repeal an existing regulation. (7) The proposed rules newly apply to 1,190 behavior analysts and 90 assistant behavior analysts who are currently certified but who have not been subject to a licensing requirement in Texas. (8) The proposed rules do not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The new rules 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. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposal Authority. This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51 and Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--Texas Occupations Code, Chapter 506. (2) Advertising--The solicitation for business utilizing the titles "licensed behavior analyst" or "licensed assistant behavior analyst." Board. (3) Advisory Board--The Behavior Analyst Advisory 43 TexReg 502 February 2, 2018 Texas Register

13 (4) Applicant--A person who applies for a license to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis. (5) Behavior Analyst Certification Board (BACB)- a certifying entity for persons practicing behavior analysis. (6) Client--A person who is receiving behavior analysis services from a license holder. (7) Commission--The Texas Commission of Licensing and Regulation. (8) Department--The Texas Department of Licensing and Regulation. (9) Executive director--the executive director of the department. (10) License--A license issued under the Act authorizing a person to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis. (11) License holder--a person who has been issued a license in accordance with the Act to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis Applications. (a) Unless otherwise indicated, applicants for a license must submit all required information on department-approved forms or in a manner specified by the department. (b) Applicants must submit the following: (1) a complete application; (2) the applicant's certification number by a behavior analyst certifying entity or other documentation of current certification by a behavior analyst certifying entity, as approved by the department; and (3) the fee required under (c) The department may require an applicant to submit additional information or documentation of an applicant's qualifications, including the following: (1) official transcripts of all relevant college work or educational programs demonstrating successful completion and degrees earned as applicable to the requirements under the Act and and ; (2) experience in behavior analysis; (3) applicable training; (4) qualifications to provide supervision in behavior analysis to unlicensed persons or to behavior analysis license holders; (5) behavior analysis supervision experience provided or received; (6) certifications of individuals providing or receiving supervision; (7) supervision contracts or supervision agreements, or terms of employment; (8) successful completion of applicable examination requirements, including a pass/fail report; (9) information regarding other state licenses, certifications; or registrations that an applicant holds or held in behavior analysis or a related field; (10) information about pending or concluded disciplinary actions against the applicant by the certifying entity; or (11) any other documents or information including documents or information related to the applicant's certification, continuing education, employment, or criminal history. (d) The applicant must successfully pass a criminal history background check. (e) An applicant shall not submit to the department any examination-related materials or information, including examination questions, specifications, forms, or scoring sheets, except as provided in subsection (c)(8). (f) Materials submitted in the licensing process become the property of the department and are not returnable. (g) Licenses are valid for two years from the date of issuance Behavior Analyst Licensing Requirements. (a) To qualify for licensure as a behavior analyst, a person must: (1) hold current certification as a Board Certified Behavior Analyst or a Board Certified Behavior Analyst-Doctoral or equivalent, issued by the Behavior Analyst Certification Board or its equivalent as approved by the department; and (2) be in compliance with all professional, ethical, and disciplinary standards established by the certifying entity. (b) Persons who are subject to or have received a disciplinary action by the certifying entity may be ineligible for a license. (c) Persons who hold current certification by the certifying entity but who do not hold a current license may not: (1) practice behavior analysis; or (2) use the title "licensed behavior analyst." Assistant Behavior Analyst Licensing Requirements. (a) To qualify for licensure as an assistant behavior analyst, a person must: (1) hold current certification as a Board Certified Assistant Behavior Analyst or equivalent, issued by the Behavior Analyst Certification Board or its equivalent as approved by the department; (2) be in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and (3) be in compliance with the applicable supervision requirements of the certifying body at all times when practicing behavior therapy. (b) Persons who are subject to or have received a disciplinary action by the certifying entity may be ineligible for a license. (c) Persons who hold current certification by the certifying entity but who do not hold a current license may not: (1) practice behavior analysis; or (2) use the title "licensed assistant behavior analyst." Examination. (a) The examination designated and approved by the department for licensure as a behavior analyst is the Board Certified Behavior Analyst examination in applied behavior analysis, administered by the Behavior Analyst Certification Board. (b) The examination designated and approved by the department for licensure as an assistant behavior analyst is the Board Certified PROPOSED RULES February 2, TexReg 503

14 Assistant Behavior Analyst examination, administered by the Behavior Analyst Certification Board. (c) The department may designate and approve an equivalent examination. (d) The department may impose additional examination requirements Educational Requirements. (a) An applicant shall meet the educational requirements of the certifying entity for the Board Certified Behavior Analyst or the Board Certified Behavior Analyst-Doctoral or an equivalent standard of the certifying entity to become qualified to apply for the Behavior Analyst license. (b) An applicant shall meet the educational requirements of the certifying entity for the Board Certified Assistant Behavior Analyst or an equivalent standard of the certifying entity to become qualified to apply for the Assistant Behavior Analyst license Continuing Education. (a) An applicant shall meet the continuing education requirements of the certifying entity, including the continuing education requirements for the Board Certified Behavior Analyst, Board Certified Behavior Analyst-Doctoral, or Board Certified Assistant Behavior Analyst, as applicable, to become qualified to apply for a behavior analysis license. (b) License holders shall comply with the continuing education requirements imposed by the certifying entity. (c) License holders shall verify completion of continuing education requirements upon request. (d) Licenses will be renewed only if continuing education requirements have been met Renewal. (a) To renew a license, a license holder must: (1) submit a complete renewal application on a department-approved form; (2) submit the fee required under ; and (3) successfully pass a criminal history background check. (b) Applicants for renewal are subject to (c). (c) Each license holder is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification prior to the expiration date of the license shall not excuse failure to apply for renewal or late renewal. (d) A person whose license has expired may late renew the license in accordance with (relating to License Renewal Applications) and (relating to Late Renewal Fees) of this title. (e) A person whose license has expired may not use the title or represent or imply that he or she has the title of 'licensed behavior analyst' or 'licensed assistant behavior analyst' and may not use any facsimile of those titles in any manner. (f) A person whose certification by the certifying entity is on inactive status may renew a license that is on inactive status if the person is in compliance with the requirements of the certifying entity for inactive status. (g) A person whose certification by the certifying entity is on inactive status may not renew a license that is on active status. (h) The department may not renew the license of a license holder who is in violation of the Act or commission rules at the time of application for renewal Inactive Status. (a) To change a license to inactive status, an applicant must submit a complete application on a department-approved form. (b) A person whose license is on inactive status may not: (1) practice applied behavior analysis; (2) engage in any activity for which a license is required; (3) participate in a supervision relationship with another license holder or unlicensed person unless an active license is not required for the license holder's activity; or (4) engage in any activity for which the person is required to be actively licensed for the interests of another person also engaged in that activity with the license holder. (c) A person whose license is on inactive status must comply with the certifying entity's requirements for the applicable certification during the time the license is on inactive status, or must become recertified before applying to change the license to active status. (d) A license on inactive status may be renewed in accordance with (e) To change from an inactive license status to an active license status, a person must: (1) submit a complete application on a department-approved form; (2) pay the fee required under (b)(6); and (3) successfully pass a criminal history background check Exemptions. (a) A person's certification status by a certifying entity does not affect the applicability of the Act to that person's activities under of the Act. (b) Persons who are providing services for which a license is required under the Act or this chapter but who are not certified by a certifying entity may be required to become certified and obtain a license under this chapter in order to continue to provide services Reporting Requirements. (a) License holders shall report the following to the department in the manner specified by the department not later than ten days after the action, activity, change, or event occurs; the license holder has been notified; the action becomes final; or a decision, order, or judgment issues: (1) Expiration of the license holder's certification; (2) Surrender or voluntary termination of the license holder's certification; (3) A violation by the license holder of the certifying entity's requirements, the Act, or this chapter; (4) Suspension, probation, reprimand, or any other discipline or revocation of the license holder's certification; (5) The license holder's arrest, deferred adjudication, or criminal conviction, other than a Class C misdemeanor traffic offense; (6) The filing of a criminal case against the license holder; 43 TexReg 504 February 2, 2018 Texas Register

15 (7) The settlement of or judgment rendered in a civil lawsuit filed against the license holder and relating to the license holder's professional behavior analysis practice; (8) Complaints, investigations, or actions against the license holder by a governmental agency or by a licensing or certification body; (9) Initiation of disciplinary action or other proceedings against the license holder by an employer or other entity that may result in civil liability or criminal charges, or that may result in disqualification for certification by the certifying entity in accordance with the certifying entity's requirements; (10) Commencement of inactive status of the person's certification by the certifying entity; or (11) Any other limitation on, or termination of, the license holder's certification. (b) License holders shall report the following to the department in the manner specified by the department not later than thirty days after the action, activity, change, or event occurs; the license holder has been notified; or the action becomes final: (1) Initiation of disciplinary action against the license holder by a behavior analyst certifying entity; or (2) Changes in name, mailing address, phone number, or contact Behavior Analyst Advisory Board; Membership. (a) The Behavior Analyst Advisory Board shall be appointed under and governed by the Act and this section. The advisory board is established under the authority of Occupations Code, (b) The advisory board is subject to Government Code, Chapter 2110, concerning state agency advisory boards. (c) The advisory board shall be composed of nine members appointed by the presiding officer of the commission with the approval of the commission. The composition of the advisory board shall include: (1) four licensed behavior analysts, at least one of whom must be certified as a Board Certified Behavior Analyst--Doctoral or hold an equivalent certification issued by the certifying entity; (2) one licensed assistant behavior analyst; (3) one physician who has experience providing mental health or behavioral health services; and (4) three members who represent the public and who are either former recipients of applied behavior analysis services or the parent or guardian of a current or former recipient of applied behavior analysis services. (d) To be qualified for appointment to the advisory board in the position of licensed behavior analyst, a person must have at least five years of experience as a licensed behavior analyst after being certified by the certifying entity Advisory Board: Duties. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of the Act and this chapter Advisory Board: Terms; Vacancies. (a) The term of office of each member of the advisory board shall be six years. Members shall serve after expiration of their term until a replacement is appointed. (b) A member of the advisory board may be removed from the advisory board pursuant to Texas Occupations Code , Advisory Boards; Removal of Advisory Board Member. (c) Grounds for removal include any action by the certifying entity that suspends or terminates the certification of the member; the expiration of the member's certification; the change of the certification from active to inactive status; or the voluntary surrender of certification by the member Advisory Board: Officers. (a) The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of one year. (b) The presiding officer of the advisory board shall preside at all advisory board meetings at which he or she is in attendance. The presiding officer of the advisory board may vote on any matter before the advisory board Advisory Board: Meetings. (a) The advisory board shall meet at least twice each year and at the call of the presiding officer of the commission or the executive director. (b) Meetings shall be announced and conducted under the provisions of the Open Meetings Act, Texas Government Code, Chapter 551. (c) A quorum of the advisory board is necessary to conduct official business. A quorum is five members. (d) Advisory board action shall require a majority vote of those members present and voting Responsibilities of License Holders. (a) Licenses issued by the department remain the property of the department and shall be surrendered to the department on demand. (b) A license holder shall: (1) inform the department of any violations of this chapter or the Act. (2) promptly provide upon request any documents or information satisfactory to the department to demonstrate the license holder's qualifications for certification by the certifying entity or for licensure by the department. (3) report to the department any fact that may affect the license holder's qualifications to hold a certification or license in accordance with (4) notify each client or the minor client's parent or authorized representative of the department's name, website, address, mailing address, and telephone number for the purpose of directing complaints to the department. (5) truthfully respond in a manner that fully discloses all information in an honest, materially responsive and timely manner to a complaint filed with or by the department. (6) not interfere with a department investigation or disciplinary proceeding in any way, including by misrepresentation or omission of facts to the department or using threats or harassment against any person. (7) comply with any order issued by the commission or the executive director that relates to the license holder. (8) provide a client or a minor client's parent or authorized representative with a written agreement for services prior to the commencement of behavior analysis services. PROPOSED RULES February 2, TexReg 505

16 (A) The agreement shall contain, at a minimum, a description of the services to be provided, goals, techniques, materials, the cost for services, payment arrangements and policies, hours, cancellation and refund policies, contact information for both parties, and the dated signatures of both parties. (B) Any subsequent modifications to the agreement shall be signed and dated by both parties. (9) maintain legible and accurate records of behavior analysis services rendered. A license holder practicing in an educational setting, including a school, learning center, or clinic, shall comply with the recordkeeping requirements of the educational setting or with the retention requirements of the certifying entity, if more stringent. (10) maintain records for a minimum of the longer of: (A) seven years following the termination of behavior analysis services; (B) seven years following the date on which a minor client reaches the age of 22; or (C) the retention period required by the certifying entity. (11) not delegate any services, functions, or responsibilities requiring professional competence to a person not competent or not properly credentialed. A license holder in private practice is responsible for the services provided by unlicensed persons employed or contracted by the license holder. (12) display the license in the primary location of practice, but shall not display a license that has been photographically or otherwise reproduced. (c) If any requirement of a license holder's certifying entity differs in stringency from a requirement of the Act or the commission rules, the more stringent provision shall apply. (d) If any requirement of a license holder's certifying entity conflicts with a requirement of the commission rules such that the license holder cannot reasonably comply with both requirements, the license holder shall comply with the requirement of the certifying entity Code of Ethics. (a) Individuals certified by the BACB are required to comply with the BACB Professional and Ethical Compliance Code for Behavior Analysts. (1) The department may consult the requirements of the certifying entity or the BACB Professional and Ethical Compliance Code for Behavior Analysts in the application and enforcement of the ethical standards included in this section. (2) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary or required. (b) License holders shall comply with the following ethical standards when providing behavior analysis services. All license holders shall: (1) comply with all provisions of the Act and this chapter, as well as any other state or federal law or rule that applies to the provision of behavior analysis services by, or the regulation of the license holder. (2) provide behavior analysis services without discrimination based on race, color, national origin, religion, gender, age, or disability. (3) offer to perform or perform only behavior analysis services for which the license holder is qualified and that are within the scope of the license holder's certification, license, or competence, considering level of education, training, and experience. (4) accurately and truthfully represent his or her education, training, credentials, and competence. (5) fully and accurately inform clients of the nature and possible outcomes of services rendered. (6) be knowledgeable of all available information relevant to the behavior analysis services being provided to the client. (7) take reasonable measures to ensure a safe environment for clients. (8) maintain objectivity in all matters concerning the welfare of the client. (9) refrain from participating in inappropriate or exploitative multiple relationships. (10) not guarantee, directly or by implication, the results of any behavior analysis services, except that a reasonable statement of prognosis may be made. A license holder shall not mislead clients to expect results that cannot be predicted from reliable evidence. (11) obtain written consent from a client or a minor client's parent or authorized representative in order to use the client's data or information for research or teaching activities. (12) reveal confidential or personal information about a client only with authorization unless: (A) the information; required by the certifying entity to reveal the information; or (B) required by law or compelled by a court to reveal (C) revealing the information is necessary to protect the welfare of the client or of the community. (13) document any confidential or personal information disclosed, the person or entity to whom it was disclosed, and the justification for disclosure in the client's record if a license holder reveals such information about a client without authorization. (14) provide, in plain language, a written explanation of the charges for behavior analysis services previously made on a bill or statement, upon the written request of a client or the minor client's parent or authorized representative. (15) accurately represent and describe any product created or recommended by the license holder. (16) not require the purchase by a client of any product created or produced by the license holder. (17) not use his or her professional relationship with a client to promote any product for personal gain or profit, unless the license holder has disclosed to the client the nature of the license holder's personal gain or profit. (18) not offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage. (19) not persistently or flagrantly overcharge a client or third party. (20) not persistently or flagrantly over treat a client. 43 TexReg 506 February 2, 2018 Texas Register

17 (21) terminate a professional relationship when it is reasonably clear that the client is not benefitting from the services being provided or when it is reasonably clear that the client no longer needs the services. (22) seek to identify competent, dependable referral sources for clients and shall refer when requested or appropriate. (23) not sell, barter, or offer to sell or barter a license. (24) refrain from engaging in sexual contact, including intercourse or kissing, sexual exploitation, or therapeutic deception, with a client. Sexual contact and sexual intercourse mean the activities and behaviors described in Penal Code, Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Therapeutic deception means a representation by a license holder that sexual contact with, or sexual exploitation by, the license holder is consistent with, or part of, the behavior analysis services being provided to the client. (25) refrain from practicing behavior analysis if, due to illness or use of alcohol, drugs or medications, narcotics, chemicals or other substances, or from mental or physical conditions, the person is incapable of practicing with reasonable skill and safety to clients in the provision of behavior analysis services. (c) Information used by a license holder in any advertisement or announcement shall not contain information that is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that: (1) makes a material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading; (2) makes a representation likely to create an unjustified expectation about the results of a professional service; (3) compares a professional's services with another professional's services unless the comparison can be factually substantiated; (4) causes confusion or misunderstanding as to the credentials, education, or licensing of a professional; (5) makes a representation that is designed to take advantage of the fears or emotions of a particularly susceptible type of client; or (6) represents in the use of a professional name, a title or professional identification that is expressly or commonly reserved to or used by another profession or professional, unless the license holder is licensed or otherwise authorized to use the title or professional identification Fees. (a) All fees paid to the department are nonrefundable. (b) Licensing fees are as follows: (1) application and initial license, behavior analyst--$390 (2) application and initial license, assistant behavior analyst--$330 (3) renewal, behavior analyst--$390 (4) renewal, assistant behavior analyst--$330 (5) change, active status to inactive status--$0 (6) change, inactive status to active status--$25 (7) renewal of license on inactive status--renewal fees as stated in paragraphs (3) and (4) (8) license duplicate or replacement--$25 (c) Late renewal fees for licenses issued under this chapter are prescribed under of this title (relating to Late Renewal Fees). (d) The fee for a dishonored/returned check or payment is the fee prescribed under of this title (relating to Dishonored Payment Device). (e) The fee for a criminal history evaluation letter is the fee prescribed under of this title (relating to Criminal History Evaluation Letters) Basis for Disciplinary Action. (a) This section is authorized under Texas Occupations Code, Chapters 51 and 506. (1) If a person violates any provision of Texas Occupations Code, Chapters 51, 506, or any other applicable provision, this chapter, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules. (2) The enforcement authority granted under Texas Occupations Code, Chapters 51 and 506, and any associated rules may be used to enforce the Texas Occupations Code and this chapter. (b) The department may consult the requirements of the certifying entity, and the BACB Professional and Ethical Compliance Code for Behavior Analysts, in the application and enforcement of this chapter. (c) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary. (d) The department may refer or report to a certifying entity information, including complaints, investigations, and violations of Texas law, rules, or orders that are or may be relevant to the qualifications of any person to obtain or maintain a certification. (e) The commission or the executive director may deny, revoke, suspend, probate, reprimand, or otherwise discipline a license, or impose an administrative penalty, when a person through fraud, misrepresentation, concealment of a material fact, or in violation of the certifying entity's requirements, the Act, or this chapter: (2) practices or offers to practice behavior analysis services. (1) obtains, renews, or maintains a license; or Complaints. (a) The department shall list, with its business telephone number, a toll-free telephone number established to accept complaints relating to a health profession regulated by the department. (b) A license holder shall notify each client of the name, mailing address, address, telephone number, and website of the department for the purpose of directing complaints to the department. A license holder shall display this notification: (1) on a sign prominently displayed in the primary location of practice of each license holder, if any; and PROPOSED RULES February 2, TexReg 507

18 (2) on written documents including a written contract, a bill for service, or information brochure provided by the license holder to a client or third party. (c) A license holder shall display the license certificate with a current license card as issued by the department in the primary location of practice, if any. (d) A license holder shall not make any alteration on official documents issued by the department. (e) All information and materials subpoenaed or compiled by the department in connection with a complaint and investigation under this chapter are confidential in accordance with of the Act. (f) The department may disclose a complaint or investigation and all information and materials compiled by the department in connection with the complaint or investigation to a person's certifying entity in accordance with of the Act. (g) For purposes of this chapter, a health profession is a profession for which the enabling statute is located in Title 3, Occupations Code, or that is determined to be a health profession under other law. 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 145. SANITARIANS 16 TAC The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 145, , regarding the Sanitarians program. JUSTIFICATION AND EXPLANATION OF THE RULES The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. The Commission and Department completed the Phase 1 transition of seven programs on October 3, Under Phase 2, the following six programs were transferred from DSHS to the Commission and the Department: (1) Laser Hair Removal, Texas Health and Safety Code, Chapter 401, ; (2) Massage Therapy, Texas Occupations Code, Chapter 455; (3) Code Enforcement Officers, Texas Occupations Code, Chapter 1952; (4) Sanitarians, Texas Occupations Code, Chapter 1953; (5) Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and (6) Offender Education Programs, Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). The statutory amendments transferring regulation of these six Phase 2 programs from DSHS to the Commission and the Department took effect on September 1, On August 18, 2017, the Commission adopted its own set of rules for the Sanitarians program located at 16 TAC Chapter 119. The Commission's rules were effective November 1, 2017, (42 TexReg 4643). The Department officially commenced all regulatory functions for the Sanitarians program on November 1, The current 16 TAC Chapter 145 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 140, Subchapter C. The proposed repeal is necessary to complete the implementation of S.B SECTION-BY-SECTION SUMMARY The proposed repeal of eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Sanitarians program. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 119 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government costs. Mr. Francis has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 119 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government revenues. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code TAC Chapter 119 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on the local economy. PUBLIC BENEFITS Mr. Francis also has determined that for each year of the first five-year period the proposed repeal is in effect, the public will benefit from the elimination of duplicate, obsolete, and inactive rules and the elimination of confusion that would result from having two sets of rules for the Sanitarians program in Chapter 16 of the Texas Administrative Code. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal. 16 TAC Chapter 119 has been imple- 43 TexReg 508 February 2, 2018 Texas Register

19 mented and therefore the rules in the proposed repeal are obsolete and have no economic costs to persons who are required to comply with the rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. 16 TAC Chapter 119 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on small businesses, micro-businesses, or rural communities. Since the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code (c). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed repeal. For the first five years the proposed repeal will be in effect, the agency has determined the following: (1) The proposed repeal does not create or eliminate a government program. (2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed repeal does not require an increase or decrease in fees paid to the agency. (5) The proposed repeal does not create a new regulation. (6) The proposed repeal does repeal an existing regulation. The transferred rules from DSHS are proposed for repeal because they are duplicative, obsolete, and inactive. (7) The proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability. (8) The proposed repeal does not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The repeal is proposed under Texas Occupations Code, Chapters 51 and 1953, 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 proposal are those set forth in Texas Occupations Code, Chapters 51 and No other statutes, articles, or codes are affected by the proposal Purpose and Scope Definitions Fees Application Procedures Qualifications for Registration as a Sanitarian or a Sanitarian-in-Training Educational Requirements Examinations Application Approval or Disapproval Processing Applications Sanitarian Registration Procedures Sanitarian Registration Renewal Exemption from Renewal and Continuing Education for Retired Professional Sanitarians Continuing Education Requirements Exemptions Registration of Persons with Criminal Backgrounds Grounds for Denial, Suspension or Revocation Advertising Violations, Complaints, Investigations, and Disciplinary Actions Registered Sanitarian Advisory Committee Request for Criminal History Evaluation Letter Registration of Military Service Members, Military Veterans, and Military Spouses. 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 146. CODE ENFORCEMENT OFFICERS PROPOSED RULES February 2, TexReg 509

20 16 TAC The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 146, , regarding the Code Enforcement Officers program. JUSTIFICATION AND EXPLANATION OF THE RULES The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. The Commission and Department completed the Phase 1 transition of seven programs on October 3, Under Phase 2, the following six programs were transferred from DSHS to the Commission and the Department: (1) Laser Hair Removal, Texas Health and Safety Code, Chapter 401, ; (2) Massage Therapy, Texas Occupations Code, Chapter 455; (3) Code Enforcement Officers, Texas Occupations Code, Chapter 1952; (4) Sanitarians, Texas Occupations Code, Chapter 1953; (5) Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and (6) Offender Education Programs, Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). The statutory amendments transferring regulation of these six Phase 2 programs from DSHS to the Commission and the Department took effect on September 1, On August 18, 2017, the Commission adopted its own set of rules for the Code Enforcement Officers program located at 16 TAC Chapter 62. The Commission's rules were effective November 1, 2017, (42 TexReg 4615). The Department officially commenced all regulatory functions for the Code Enforcement Officers program on November 1, The current 16 TAC Chapter 146 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 140, Subchapter D. The proposed repeal is necessary to complete the implementation of S.B SECTION-BY-SECTION SUMMARY The proposed repeal of eliminates possible industry and public confusion by removing duplicate and inactive rules for the Code Enforcement Officers program. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 62 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government costs. Mr. Francis has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 62 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government revenues. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code TAC Chapter 62 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on the local economy. PUBLIC BENEFITS Mr. Francis also has determined that for each year of the first five-year period the proposed repeal is in effect, the public will benefit from the elimination of duplicate, obsolete, and inactive rules and the elimination of confusion that would result from having two sets of rules for the Code Enforcement Officers program in Chapter 16 of the Texas Administrative Code. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal. 16 TAC Chapter 62 has been implemented and therefore the rules in the proposed repeal are obsolete and have no economic costs to persons who are required to comply with the rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. 16 TAC Chapter 62 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on small businesses, micro-businesses, or rural communities. Since the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code (c). 43 TexReg 510 February 2, 2018 Texas Register

21 GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed repeal. For each year of the first five years the proposed repeal will be in effect, the agency has determined the following: (1) The proposed repeal does not create or eliminate a government program. (2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed repeal does not require an increase or decrease in fees paid to the agency. (5) The proposed repeal does not create a new regulation. (6) The proposed repeal does repeal an existing regulation. The transferred rules from DSHS are proposed for repeal because they are duplicative, obsolete, and inactive. (7) The proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability. (8) The proposed repeal does not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The repeal is proposed under Texas Occupations Code, Chapters 51 and 1952, 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 proposal are those set forth in Texas Occupations Code, Chapters 51 and No other statutes, articles, or codes are affected by the proposal Purpose and Scope Definitions Fees Application Procedures Registration Qualification Requirements Educational Requirements Examinations Determination of Eligibility Code Enforcement Officer in Training Code Enforcement Officer Registration Code Enforcement Registration Renewal Grounds for Suspension or Revocation Registration of Persons with Criminal Backgrounds Violations, Complaints, Investigations, and Disciplinary Actions Processing Applications Exemptions Advertising Continuing Education Request for Criminal History Evaluation Letter Registration of Military Service Members, Military Veterans, and Military Spouses. 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 147. MASSAGE THERAPISTS 16 TAC The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 147, , regarding the Massage Therapy program. JUSTIFICATION AND EXPLANATION OF THE RULES The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. The Commission and Department completed the Phase 1 transition of seven programs on October 3, Under Phase 2, the following six programs were transferred from DSHS to the Commission and the Department: (1) Laser Hair Removal, Texas Health and Safety Code, Chapter 401, ; (2) Massage Therapy, Texas Occupations Code, Chapter 455; (3) Code Enforcement Officers, Texas Occupations Code, Chapter 1952; (4) Sanitarians, Texas Occupations Code, Chapter 1953; (5) Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and (6) Offender Education Programs, Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). The statutory amendments transferring regulation of these six Phase 2 programs from DSHS to the Commission and the Department took effect on September 1, On August 18, 2017, the Commission adopted its own set of rules for the Massage Therapy program located at 16 TAC Chapter 117. The Commission's rules were effective November 1, 2017, (42 TexReg 4991). The Department officially commenced PROPOSED RULES February 2, TexReg 511

22 all regulatory functions for the Massage Therapy program on November 1, The current 16 TAC Chapter 147 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 140, Subchapter H. The proposed repeal is necessary to complete the implementation of S.B SECTION-BY-SECTION SUMMARY The proposed repeal of eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Massage Therapy program. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 117 has been implemented and, therefore, the rules in the proposed repeal are obsolete and have no effect on state or local government costs. Mr. Francis has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 117 has been implemented and, therefore, the rules in the proposed repeal are obsolete and have no effect on state or local government revenues. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code TAC Chapter 117 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on the local economy. PUBLIC BENEFITS Mr. Francis also has determined that for each year of the first five-year period the proposed repeal is in effect, the public will benefit from the elimination of duplicate, obsolete, and inactive rules and the elimination of confusion that would result from having two sets of rules for the Massage Therapy program in Chapter 16 of the Texas Administrative Code. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal. 16 TAC Chapter 117 has been implemented and, therefore, the rules in the proposed repeal are obsolete and have no economic costs to persons required to comply with the rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. 16 TAC Chapter 117 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on small businesses, micro-businesses, or rural communities. Since the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code (c). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed repeal. For the first five years the proposed repeal will be in effect, the agency has determined the following: (1) The proposed repeal does not create or eliminate a government program. (2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed repeal does not require an increase or decrease in fees paid to the agency. (5) The proposed repeal does not create a new regulation. (6) The proposed repeal does repeal an existing regulation. The transferred rules from DSHS are proposed for repeal because they are duplicative, obsolete, and inactive. (7) The proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability. (8) The proposed repeal does not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY 43 TexReg 512 February 2, 2018 Texas Register

23 The repeal is 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. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the proposal Definitions Fees Processing Applications General Ethical Requirements Consultation Document Sexual Misconduct Advertising Massage Therapy Licenses Qualifications for Licensure as a Massage Therapist Massage Therapist Application Procedures and Documentation Provisional Massage Therapist License Examinations Required for Licensure as a Massage Therapist Massage Therapist License Renewal Hour Requirements for Continuing Education for Massage Therapists Acceptable Continuing Education for Massage Therapists Activities Unacceptable as Continuing Education for Massage Therapists Pre-approved Continuing Education Providers Reporting Continuing Education Massage School General Provisions and Inspections Massage School Application Procedures and Documentation Massage School Administrative Personnel Massage School Instructors Massage School Financial Stability Change of Massage School Ownership Massage School License Renewal Massage School Locations Massage School Curriculum Outline and Internship Advanced Course Work Massage School Admission Requirements Massage School Enrollment Procedures Massage School Tuition and Fees Massage School Conduct Policy Massage School Cancellation and Refund Policy Massage School Minimum Progress Standards Massage School Attendance Standards Massage School Equipment and Facility Requirements Massage School Transcripts and Records Student Grievances Massage School Fire Safety Massage School Sanitation Massage Establishment Application Procedures and Licensure General Requirements for Massage Establishments Sanitation Requirements for Massage Establishments Massage Establishment Renewal Massage Establishment Exemptions Massage Establishment Change of Ownership or Change of Location Filing Complaints Investigation of Complaints Grounds for Denial of License or Disciplinary Action Formal Hearings Suspension of License for Failure to Pay Child Support Informal Disposition Licensing of Persons with Criminal Background Request for Criminal History Evaluation Letter Licensing of Military Service Members, Military Veterans, and Military Spouses. 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 148. LASER HAIR REMOVAL 16 TAC The Texas Department of Licensing and Regulation (Department) proposes the repeal of an existing rule at 16 Texas Administrative Code (TAC), Chapter 148, 148.2, regarding the Laser Hair Removal program. JUSTIFICATION AND EXPLANATION OF THE RULES The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. The Commission and Department completed the Phase 1 transition of seven programs on October 3, Under Phase 2, the following six programs were transferred from DSHS to the Commission and the Department: (1) Laser Hair Removal, Texas Health and Safety Code, Chapter 401, ; (2) Massage Therapy, Texas Occupations Code, Chapter 455; (3) Code Enforcement Officers, Texas Occupations Code, Chapter 1952; (4) Sanitarians, Texas Occupations Code, Chapter 1953; (5) Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and PROPOSED RULES February 2, TexReg 513

24 (6) Offender Education Programs, Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). The statutory amendments transferring regulation of these six Phase 2 programs from DSHS to the Commission and the Department took effect on September 1, On August 18, 2017, the Commission adopted its own set of rules for the Laser Hair Removal program located at 16 TAC Chapter 118. The Commission's rules were effective November 1, 2017, (42 TexReg 4815). The Department officially commenced all regulatory functions for the Laser Hair Removal program on November 1, The current 16 TAC Chapter 148 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 289, Subchapter G. The proposed repeal is necessary to complete the implementation of S.B SECTION-BY-SECTION SUMMARY The proposed repeal of eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Laser Hair Removal program. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 118 has been implemented and therefore the rules in the proposed repeal are obsolete and therefore have no effect on state or local government costs. Mr. Francis has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 118 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government revenues. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code TAC Chapter 118 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on the local economy. PUBLIC BENEFITS Mr. Francis also has determined that for each year of the first five-year period the proposed repeal is in effect, the public will benefit from the elimination of duplicate, obsolete, and inactive rules and the elimination of confusion that would result from having two sets of rules for the Laser Hair Removal program in Chapter 16 of the Texas Administrative Code. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal. 16 TAC Chapter 118 has been implemented and therefore the rules in the proposed repeal are obsolete and have no economic costs to persons who are required to comply with the rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. 16 TAC Chapter 118 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on small businesses, micro-businesses, or rural communities. Since the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code (c). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed repeal. For the first five years the proposed repeal will be in effect, the agency has determined the following: (1) The proposed repeal does not create or eliminate a government program. (2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed repeal does not require an increase or decrease in fees paid to the agency. (5) The proposed repeal does not create a new regulation. 43 TexReg 514 February 2, 2018 Texas Register

25 (6) The proposed repeal does repeal an existing regulation. The transferred rules from DSHS are proposed for repeal because they are duplicative, obsolete, and inactive. (7) The proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability. (8) The proposed repeal does not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The repeal is 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. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 51 and Health and Safety Code, Chapter 401, No other statutes, articles, or codes are affected by the proposal Registration and Radiation Safety Requirements for Use of Laser Hair Removal Devices. 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 149. TEXAS MOLD ASSESSMENT AND REMEDIATION 16 TAC The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 149, , regarding the Mold Assessors and Remediators program. JUSTIFICATION AND EXPLANATION OF THE RULES The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. The Commission and Department completed the Phase 1 transition of seven programs on October 3, Under Phase 2, the following six programs were transferred from DSHS to the Commission and the Department: (1) Laser Hair Removal, Texas Health and Safety Code, Chapter 401, ; (2) Massage Therapy, Texas Occupations Code, Chapter 455; (3) Code Enforcement Officers, Texas Occupations Code, Chapter 1952; (4) Sanitarians, Texas Occupations Code, Chapter 1953; (5) Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and (6) Offender Education Programs, Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). The statutory amendments transferring regulation of these six Phase 2 programs from DSHS to the Commission and the Department took effect on September 1, On August 18, 2017, the Commission adopted its own set of rules for the Mold Assessors and Remediators program located at 16 TAC Chapter 78. The Commission's rules were effective November 1, 2017, (42 TexReg 4619). The Department officially commenced all regulatory functions for the Mold Assessors and Remediators program on November 1, The current 16 TAC Chapter 149 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 295, Subchapter J. The proposed repeal is necessary to complete the implementation of S.B SECTION-BY-SECTION SUMMARY The proposed repeal of eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Mold Assessors and Remediators program. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 78 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government costs. Mr. Francis has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 78 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state and local government revenues. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code TAC Chapter 78 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on the local economy. PUBLIC BENEFITS PROPOSED RULES February 2, TexReg 515

26 Mr. Francis also has determined that for each year of the first five-year period the proposed repeal is in effect, the public will benefit from the elimination of duplicate, obsolete, and inactive rules and the elimination of confusion that would result from having two sets of rules for the Laser Hair Removal program in Chapter 16 of the Texas Administrative Code. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal. 16 TAC Chapter 78 has been implemented and therefore the rules in the proposed repeal are obsolete and have no economic costs to persons who are required to comply with the rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. 16 TAC Chapter 78 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on small businesses, micro-businesses, or rural communities. Since the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code (c). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed repeal. For the first five years the proposed repeal will be in effect, the agency has determined the following: (1) The proposed repeal does not create or eliminate a government program. (2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed repeal does not require an increase or decrease in fees paid to the agency. (5) The proposed repeal does not create a new regulation. (6) The proposed repeal does repeal an existing regulation. The transferred rules from DSHS are proposed for repeal because they are duplicative, obsolete, and inactive. (7) The proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability. (8) The proposed repeal does not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The repeal is 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. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and No other statutes, articles, or codes are affected by the proposal General Provisions Definitions Exceptions and Exemptions Code of Ethics Credentials: General Conditions Credentials: General Responsibilities Conflict of Interest and Disclosure Requirement Credentials: Applications and Renewals Licensing: Insurance Requirements Licensing: State Licensing Examination Mold Assessment Technician: Licensing Requirements Mold Assessment Consultant: Licensing Requirements Mold Assessment Company: Licensing Requirements Mold Remediation Worker: Registration Requirements Mold Remediation Contractor: Licensing Requirements Mold Remediation Company: Licensing Requirements Mold Analysis Laboratory: Licensing Requirements Mold Training Provider: Accreditation Training: Approval of Training Courses and Instructors Training: Required Mold Training Courses Minimum Work Practices and Procedures for Mold Assessment Minimum Work Practices and Procedures for Mold Remediation Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems Post-Remediation Assessment and Clearance Notifications Recordkeeping. 43 TexReg 516 February 2, 2018 Texas Register

27 Photographs; Certificate of Mold Damage Remediation; Duty of Property Owner Complaints Compliance: Inspections and Investigations Compliance: Reprimand, Suspension, Revocation, Probation Compliance: Administrative Penalty Compliance: Exception to the Administrative Penalty Compliance: Notice; Opportunity for Hearing; Order Compliance: Options Following Administrative Order Compliance: Collection of Administrative Penalty; Judicial Review Compliance: Civil Penalty Compliance: Injunctive Relief Civil Liability Exemption for Certain Property Owners or Governmental Entities. 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 150. OFFENDER EDUCATION PROGRAMS (FOR ALCOHOL AND DRUG-RELATED OFFENSES) 16 TAC The Texas Department of Licensing and Regulation (Department) proposes the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 150, , regarding the Offender Education Programs for Alcohol and Drug-Related Offenses. JUSTIFICATION AND EXPLANATION OF THE RULES The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. The Commission and Department completed the Phase 1 transition of seven programs on October 3, Under Phase 2, the following six programs were transferred from DSHS to the Commission and the Department: (1) Laser Hair Removal, Texas Health and Safety Code, Chapter 401, ; (2) Massage Therapy, Texas Occupations Code, Chapter 455; (3) Code Enforcement Officers, Texas Occupations Code, Chapter 1952; (4) Sanitarians, Texas Occupations Code, Chapter 1953; (5) Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and (6) Offender Education Programs, Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). The statutory amendments transferring regulation of these six Phase 2 programs from DSHS to the Commission and the Department took effect on September 1, On August 18, 2017, the Commission adopted its own set of rules for the Offender Education Programs for Alcohol and Drug- Related Offenses located at 16 TAC Chapter 90. The Commission's rules were effective November 1, 2017, (42 TexReg 4632). The Department officially commenced all regulatory functions for the Offender Education Programs for Alcohol and Drug-Related Offenses on November 1, The current 16 TAC Chapter 150 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 453. The proposed repeal is necessary to complete the implementation of S.B SECTION-BY-SECTION SUMMARY The proposed repeal of eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Offender Education Programs for Alcohol and Drug-Related Offenses. FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed repeal is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 90 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government costs. Mr. Francis has determined that for each year of the first five years the proposed repeal is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed repeal. 16 TAC Chapter 78 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on state or local government revenues. LOCAL EMPLOYMENT IMPACT STATEMENT Mr. Francis has determined that the proposed repeal will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code TAC Chapter 90 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on the local economy. PUBLIC BENEFITS Mr. Francis also has determined that for each year of the first five-year period the proposed repeal is in effect, the public will benefit from the elimination of duplicate, obsolete, and inactive rules and the elimination of confusion that would result from having two sets of rules for the Offender Education Programs for Alcohol and Drug-Related Offenses in Chapter 16 of the Texas Administrative Code. PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL PROPOSED RULES February 2, TexReg 517

28 Mr. Francis has determined that for each year of the first fiveyear period the proposed repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal. 16 TAC Chapter 90 has been implemented and therefore the rules in the proposed repeal are obsolete and have no economic costs to persons who are required to comply with the rules. FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI- NESSES, AND RURAL COMMUNITIES There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. 16 TAC Chapter 90 has been implemented and therefore the rules in the proposed repeal are obsolete and have no effect on small businesses, micro-businesses, or rural communities. Since the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code , are not required. ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT Under Government Code , a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under (c). The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code (c). GOVERNMENT GROWTH IMPACT STATEMENT Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed repeal. For the first five years the proposed repeal will be in effect, the agency has determined the following: (1) The proposed repeal does not create or eliminate a government program. (2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the agency. (4) The proposed repeal does not require an increase or decrease in fees paid to the agency. (5) The proposed repeal does not create a new regulation. (6) The proposed repeal does repeal an existing regulation. The transferred rules from DSHS are proposed for repeal because they are duplicative, obsolete, and inactive. (7) The proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability. (8) The proposed repeal does not positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) , or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register. STATUTORY AUTHORITY The repeal is 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. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51; Alcoholic Beverage Code, Chapter 106, (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, 13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, 13(j)) (DWI Intervention Program). No other statutes, articles, or codes are affected by the proposal Definitions Requirement of Program and Instructor Certification and Scope of Rules Fees Program Instructor Certification Instructor Certification Renewals Program Application and Certification Program Expiration and Renewal Program Content and Materials Uniform Certificates of Course Completion Classroom Facilities and Equipment Program Administration Recordkeeping and Reporting General Program Operation Requirements Additional Program Requirements for Drug Offender Education Programs Additional Requirements for Alcohol Education Program for Minors Requirements for DWI Education Programs Additional Requirements for DWI Intervention Programs Confidentiality Discrimination Prohibited Participant Complaints Exceptions Action Against an Applicant or Certification Holder Criminal History Standards Procedures for Adverse Action Against a Program or Instructor Certificate. 43 TexReg 518 February 2, 2018 Texas Register

29 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 January 18, TRD Brian E. Francis Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TITLE 19. EDUCATION PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD CHAPTER 5. RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS SUBCHAPTER C. APPROVAL OF NEW ACADEMIC PROGRAMS AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND REVIEW OF EXISTING DEGREE PROGRAMS 19 TAC , 5.45, 5.46, 5.48, , 5.54 The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to , 5.45, 5.46, 5.48, , 5.54, concerning Approval of New Academic Programs at Public Universities, Health-Related Institutions, and Review of Existing Degree Programs. The proposed amendments update the criteria for the approval of new degree and certificate programs to better reflect the priorities of the state strategic plan for higher education, streamline the review of existing graduate programs, and delete an outdated section of criteria regarding the approval of baccalaureate programs at selected community colleges. Dr. Rex C. Peebles, Assistant Commissioner for Academic Quality and Workforce, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules. Dr. Peebles has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be improved alignment between the criteria of new program proposals and the review of such proposals and existing programs. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment. Government Growth Impact Statement (1) the rules will not create or eliminate a government program; (2) implementation of the rules will not require the creation or elimination of employee positions; (3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency; (4) the rules will not require an increase or decrease in fees paid to the agency; (5) the rules will not create a new rule; (6) the rules will not limit an existing rule; and (7) the rules will not change the number of individuals subject to the rule. Comments on the proposed amendments may be submitted to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas or via at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register. The amendments are proposed under the Texas Education Code, , which provides the Coordinating Board with the authority to approve new certificate and degree programs at public institutions of higher education. The amendments affect Texas Education Code, Purpose. The purpose of this subchapter is to describe the criteria and approval processes for degree and certificate programs. Criteria in 5.45 of this title (relating to Criteria for New Baccalaureate and Master's Degree Programs) apply to [selected] public colleges, universities, and healthrelated institutions Authority. Texas Education Code, provides that no new [department, school,] degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Texas Education Code, and [ ] applies to public junior colleges Definitions. The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: (1) Academic administrative unit--a department, college, school, or other unit at a university or health-related institution, which has administrative authority over degree or certificate programs. Board. (2) Board--The Texas Higher Education Coordinating (3) Certificate Program--Any grouping of subject-matter courses which, when satisfactorily completed by a student, shall entitle him or her to a certificate or documentary evidence, other than a degree, of completion of a post-secondary course of study at a university or health-related institution. (4) Commissioner--The Commissioner of Higher Education. (5) Compelling Academic Reason--A justification for an undergraduate degree program consisting of more than 120 semester credit hours. Acceptable justifications are programmatic accreditation requirements, statutory requirements, and requirements for licensure/certification of graduates. PROPOSED RULES February 2, TexReg 519

30 (6) Degree program--any grouping of subject matter courses which, when satisfactorily completed by a student, shall entitle him or her to a degree from a public university or health-related institution. (7) Doctoral Graduation Rate--The Doctoral Graduation Rate is the percent of students in an entering fall cohort for a specific degree program who graduate within 10 years. Doctoral graduation rates do not include students who received a master's degree. (8) Faculty publications--discipline-related refereed publications, books or book chapters, juried creative or performance accomplishments, and notices of discoveries filed and patents issued. (9) Faculty teaching load--total number of semester credit hours taught per academic year by faculty divided by the number of faculty. (10) Graduate-level certificate program--a certificate program at a university or health-related institution that consists primarily of graduate-level courses. (11) Graduate placement--the number and percent of graduates employed or engaged in further education or training, those still seeking employment, and unknown. (12) Lower-division degree or certificate program--a degree or certificate program offered at a university or health-related institution that consists of lower-division courses and is equivalent to a program offered at a community or technical college. (13) Master's Graduation Rate--The Master's Graduation Rate is the percent of students in an entering fall and spring cohort for a specific degree program who graduate within 5 years. (14) New Doctoral Degree Program--A doctoral degree program that has been approved by the Coordinating Board for a period of less than five years. [(15) Selected Public Colleges--Those public colleges authorized to offer baccalaureate degrees in Texas.] (15) [(16)] Student time-to-degree--the average of the number of semesters taken by program graduates from the time of enrollment in the program until graduation. (16) [(17)] Upper-division certificate program--a certificate program at a university or health-related institution that consists primarily of upper-division undergraduate courses Criteria for New Baccalaureate and Master's Degree Programs. Requests for new baccalaureate and master's degree programs must provide information and documentation demonstrating that the proposed degree programs meet all of the following criteria: (1) Role and mission. The proposed program must be within the existing role and mission of the institution as indicated by its Program Inventory [table of programs] or the Board must make the determination that the program is appropriate for the mission of the institution. (2) Unnecessary duplication. The proposed program must not unnecessarily duplicate an [a] existing program at another institution serving the same regional population. The offering of basic liberal arts and sciences courses and degree programs in public senior institutions is not considered unnecessary duplication. A proposed program to be offered through distance education must demonstrate that there is unmet workforce need and student demand for the program that cannot be met by existing online programs offered by Texas public institutions. (3) Faculty resources. (A) Faculty resources must be adequate to provide high program quality. With few exceptions, the master's degree should be the minimum educational attainment for faculty teaching in baccalaureate programs. In most disciplines, the doctorate should be the minimum educational attainment for faculty teaching in graduate programs. Faculty should meet the qualitative and quantitative criteria of the Southern Association of Colleges and Schools Commission on Colleges, and the appropriate accrediting body[, if a professional program]. There should be sufficient numbers of qualified faculty dedicated to a new program. This number shall vary depending on the discipline, the nature of the program, and the anticipated number of students; however, there must be at least one full time equivalent faculty already in place in order for the program to begin enrolling students. (B) In evaluating faculty resources for proposed degree programs, the Board shall consider only those degrees held by faculty that were issued by: (i) United States institutions accredited by accrediting agencies recognized by the Board or, (ii) institutions located outside the United States that have demonstrated that their degrees are equivalent to degrees issued from an institution in the United States accredited by accrediting agencies recognized by the Board. The procedures for establishing that equivalency shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials, or its successor. (4) Library and IT resources. Library and information technology resources must be adequate for the proposed program and meet the standards of the appropriate accrediting agencies. (5) Facilities, equipment, and clinical placements. Facilities and clinical placements must be adequate to initiate the program. Adequate classroom and laboratory space, equipment, and office space should be available for the proposed program. Arrangements for any essential clinical placements should be made before program approval. (6) Curriculum design. The curriculum should be up-to-date and consistent with current educational theory. Professional programs and those resulting in licensure must be designed to meet the standards of appropriate regulatory bodies. Student time-to-degree must be considered in the curricular structure and policy of the proposed program, including but not limited to policies for transfer of credit, course credit by examination, credit for professional experience, placing out of courses, and any alternative learning strategies, such as competency-based education, that may increase efficiency in student progress in the proposed program. (7) Program administration. Administration of the proposed program should not be unduly cumbersome or costly. Ideally, the proposed program should fit into the current administrative structure of the institution. If administrative changes are required, they should be consonant with the organization of the institution as a whole and should necessitate a minimum of additional expense in terms of personnel and office space. (8) Workforce need. There should be a demonstrated or well-documented need for the program in terms of meeting present and future workforce needs of the state and nation. There should be a ready job market for graduates of the program, or alternatively, it should produce students for master's or doctoral-level programs in fields in which there is a demonstrated need for professionals. (9) Critical mass of students. In addition to a demonstrated workforce need, a critical mass of qualified students must be available to enter the proposed program and there must be evidence that the program is likely to have sufficient enrollments to support the program into 43 TexReg 520 February 2, 2018 Texas Register

31 the future. The size of an institution, the characteristics of its existing student body, and enrollments in existing programs should be taken into account when determining whether a critical mass of students shall be available for a proposed new program. (10) Adequate financing. There should be adequate financing available to initiate the proposed program without reducing funds for existing programs or weakening them in any way. After the start-up period, the program must be able to generate sufficient semester credit hours under funding formulas and student tuition and fees to pay faculty salaries, departmental operating costs, and instructional administration costs for the program. Five years should be sufficient time for the program to meet these costs through semester credit hour production. If the state funding formulas and student tuition and fees are not meeting these costs for the program after five years, the institution and the Board should review the program with a view to discontinuance. (11) Marketable Skills. There must be a list of the marketable skills associated with the proposed program in keeping with the state strategic plan, 60x30TX, and a plan for how students will be informed of the marketable skills. (12) Strong Related Programs. There must be high-quality programs in other related and supporting disciplines at the bachelor's and master's levels, as evidenced by enrollments, numbers of graduates, and completion rates in those related and supporting programs, as appropriate Criteria for New Doctoral Programs. Requests for new doctoral programs must provide information and documentation demonstrating that the proposed programs meet all of the following criteria: (1) Design of the Program. A doctoral-level program is designed to prepare a graduate student for a lifetime of teaching, creative activity, research, or other professional activity. The administration and the faculty of institutions initiating doctoral-level programs should exhibit an understanding of and commitment to the long tradition of excellence associated with the awarding of the traditional research doctorate degrees and of the various doctoral-level professional degrees. (2) Freedom of Inquiry and Expression. Doctoral programs must be characterized by complete freedom of inquiry and expression. (3) Programs at the Undergraduate and Master's Levels. Doctoral programs, in most instances, should be undergirded by quality programs in a wide number of disciplines at the undergraduate and master's levels. Quality programs in other related and supporting doctoral areas must also be available. (4) Need for the Program. There should be a demonstrated and well-documented need for doctoral level [doctorally] prepared professionals in the discipline of the proposed program both in Texas and in the nation. It is the responsibility of the institution requesting a doctoral program to demonstrate that such a need exists, preferably through an analysis of national data showing the number of doctoral degrees [PhDs] being produced annually in the area and comparing that to the numbers of professional job openings for doctoral degrees [PhDs] in the discipline [in question] as indicated by sources such as the main professional journal(s) of the discipline. The institution must also provide data on [regarding] the enrollments, number of graduates, and capacity to accept additional students of other similar doctoral programs in Texas, demonstrating that current production levels of graduates are insufficient to meet projected workforce needs. The institution should also provide evidence of student demand for a doctoral program in the discipline, such as potential student survey results and [or] documentation that qualified students are not gaining admission to existing programs in Texas. (5) Faculty Resources. (A) There must be a strong core of doctoral faculty, [at least four,] holding the doctor of philosophy degree or its equivalent from a variety of graduate schools of recognized reputation. Professors and associate professors must be mature persons who have achieved national or regional professional recognition. All core faculty must be currently engaged in productive research, and preferably have published the results of such research in the main professional journals of their discipline. They should come from a variety of academic backgrounds and have complementary areas of specialization within their field. Some should have experience directing doctoral dissertations. Collectively, the core of doctoral faculty should guarantee a high quality doctoral program with the potential to attain national prominence. The core faculty members should already be in the employ of the institution. If an institution is required to hire additional faculty prior to opening the proposed program and enrolling students, the institution will provide documentation on a schedule determined by the Coordinating Board of the faculty hires through submission of a letter of intent, curriculum vitae, and a list of courses to be taught. Proposed recruitment of such faculty shall not meet this criterion. No authorized doctoral program shall be initiated until qualified faculty are active members of the department through which the program is offered. (B) In evaluating faculty resources for proposed degree programs, the Board shall consider only those degrees held by the faculty that were issued by: (i) United States institutions accredited by accrediting agencies recognized by the Board; or (ii) institutions located outside the United States that have demonstrated that their degrees are equivalent to degrees issued from an institution in the United States accredited by accrediting agencies recognized by the Board. The procedures for establishing that equivalency shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials, or its successor. (6) Teaching Loads of Faculty. Teaching loads of faculty in the doctoral program should not exceed two or three courses per term, and it must be recognized that some of these shall be advanced courses and seminars with low enrollments. Adequate funds should be available for attendance and participation in professional meetings and for travel and research necessary for continuing professional development. (7) Critical Mass of Superior Students. Admission standards, student recruitment plans, and enrollment expectations must guarantee a critical mass of superior students. The program must not result in such a high ratio of doctoral students to faculty as to make individual guidance prohibitive. (8) On-Campus Residency Expectations. (A) Institutions which offer doctoral degrees must provide through each doctoral program: (i) significant, sustained, and regular interaction between faculty and students and among students themselves; (ii) opportunities to access and engage in depth a wide variety of educational resources related to the degree program and associated fields; (iii) opportunities for significant exchange of knowledge with the academic community; PROPOSED RULES February 2, TexReg 521

32 (iv) opportunities to broaden educational and cultural perspectives; and depth. (v) opportunities to mentor and evaluate students in (B) Institutions are traditionally expected to meet these provisions through substantial on-campus residency requirements. Proposals to meet them in other, non-traditional ways (e.g., to enable distant delivery of a doctoral program) must provide persuasive and thorough documentation as to how each provision would be met and evaluated for the particular program and its students. Delivery of doctoral programs through distance education and/or off-campus instruction requires prior approval of the Board as specified in 4.261(3) of this title (relating to Standards and Criteria for Distance Education Programs). (9) Adequate Financial Assistance for Doctoral Students. There should be adequate financial assistance for doctoral students so as to assure that most of them can be engaged in full-time study. Initially, funds for financial assistance to the doctoral students usually [must] come from institutional sources. As the program develops and achieves distinction, it increasingly shall attract support from government, industry, foundations, and other sources. (10) Carefully Planned Program [of Study]. The proposed program [There] should be a carefully planned and systematic program with [of study and] a degree plan which is clear, comprehensive, and generally uniform but which permits sufficient flexibility to meet the legitimate professional interests and special needs of doctoral-level degree students [candidates]. There should be a logical sequence [of stages] by which degree requirements shall be fulfilled. Consideration must also be given to alternative methods of determining mastery of program content, such as competency-based education, prior learning assessment, and other options for reducing student time to degree. The proposed degree plan should require both specialization and breadth of education, with rules for the distribution of study to achieve both, including interdisciplinary programs if indicated. The plan should include a research dissertation or equivalent requirements to be judged by the doctoral faculty on the basis of quality rather than length. (11) External Learning Experiences. There must be a plan for providing external learning experiences for students, such as internships, clerkships, or clinical experiences, in disciplines that require them. The plan should include provisions for increasing the number of opportunities for such experiences if the number of students in existing programs equals or exceeds the available number of opportunities in Texas. (12) Support Staff. There should be an adequate number of support staff to provide sufficient services for both existing programs and any proposed increases in students and faculty that would result from the implementation of the proposed program. (13) Physical Facilities. There should be an adequate physical plant for the program. An adequate plant would include reasonably located office space for the faculty, teaching assistants, and administrative and technical support staff; seminar rooms; laboratories, computer and electronic resources; and other appropriate facilities. (14) Library and IT Resources. Library and information technology resources must be adequate for the proposed program and meet the standards of the appropriate accrediting agencies. [There should be an adequate library for the proposed program.] Library resources should be strong [not only] in the proposed doctoral program field and [but also] in related and supporting fields. (15) Costs and Funding. The institution should have a budgetary plan for the proposed program that clearly delineates the anticipated costs and the sources of funding. Costs for new personnel and physical resources should be adequate and reasonable, existing programs should not be negatively affected by the reallocation of funds, state funding income should be calculated correctly, and total revenues should exceed total costs by the fifth year of projected program operation. (16) Program Evaluation Standards. The proposed program [Proposed programs] should meet the standards of the Southern Association of Colleges and Schools Commission on Colleges, and the accrediting standards and doctoral program criteria of appropriate professional groups and organizations, such as the Council of Graduate Schools [in the United States], the Modern Language Association, the American Historical Association, the Accreditation Board for Engineering and Technology or other bodies relevant to the particular discipline. Out-of-state consultants shall be used by the institution and the Board to assist in evaluating the quality of a proposed doctoral level program. The institution submitting the proposal is responsible for reimbursing the Coordinating Board for the costs associated with the external review by out-of-state consultants. (17) Strategic Plan. The proposed program [Proposed programs] should build on existing strengths at the institution as indicated by its Program Inventory, should fit into the institution's strategic plan, and should align with the state's [state] strategic plan. (18) Marketable Skills. There must be a list of the marketable skills associated with the proposed program in keeping with the state strategic plan, 60x30TX, and a plan for how students will be informed of the marketable skills. (19) [(18)] First Doctoral Program. When an institution has not previously offered doctoral level work, notification to the executive secretary of the Southern Association of Colleges and Schools, Commission on Colleges, [Southern Association of Colleges and Schools,] is required at least one year in advance of program implementation Criteria for Certificate Programs at Universities and Health- Related Institutions. (a) Universities and health-related institutions are encouraged to develop upper-division and graduate certificate programs of less than degree length to meet the needs of students and the workforce. These rules are intended to provide a streamlined process for approval of those programs. (b) Certificate programs for which no academic credit is granted are exempt from the provisions of this section. (c) Certificate programs for which academic credit is granted at universities and health-related institutions must meet the following criteria: (1) They must meet identified workforce needs or provide the student with skills and/or knowledge that shall be useful for their lives or careers. (2) They must be consistent with the standards of the Commission on Colleges of the Southern Association of Colleges and Schools. (3) They must meet the standards of all relevant state agencies or licensing bodies which have oversight over the certificate program or graduate. (4) Adequate financing must be available to cover all new costs to the institution five years after the implementation of the program. 43 TexReg 522 February 2, 2018 Texas Register

33 (d) The following certificate programs do not require Board approval or notification: (1) certificate programs for which no collegiate academic credit is given, (2) certificate programs in areas and at levels authorized by the Program Inventory [table of programs] of the institution with curricula of the following length: (A) at the undergraduate level of 20 semester credit hours or less, (B) at the graduate and professional level of 15 semester credit hours or less. (e) The following certificate programs require Board approval and shall be approved if the following conditions are met: (1) the proposed certificate is an upper-level undergraduate certificate of hours in a disciplinary area [areas] where the institution already offers an undergraduate degree program. (2) the proposed certificate is a graduate-level and professional certificate of semester credit hours in disciplinary areas where the institution already offers a graduate program at the same level as the certificate. (f) Lower-division certificate programs. (1) One and two-year, post-secondary career technical/workforce education programs should be delivered primarily by community, state, and technical colleges. These institutions are uniquely suited by virtue of their specialized mission, local governance, and student support services to provide such opportunities in an efficient and economical manner. For that reason, new lower-division career technical/workforce certificate programs shall not generally be approved at public universities and health-related institutions. (2) Universities and health-related institutions should not develop certificate programs at the upper or graduate level that are equivalent to lower-division certificate programs offered at community, state, and technical colleges Approvals by the Commissioner. (a) The Commissioner may approve proposals from the public universities and health-related institutions for new baccalaureate or master's degree programs and, in very limited circumstances, new doctoral programs, on behalf of the Board in accordance with the procedures and criteria specified in this section. (b) To be approved by the Commissioner, a proposal for a new degree program must include certification in writing from the Board of Regents of a proposing institution, in a form prescribed by the Commissioner, that the following criteria have been met: (1) The curriculum, faculty, resources, support services, and other components of a proposed degree program are comparable to those of high quality programs in the same or similar disciplines offered by other institutions. (2) Clinical or in-service placements, if applicable, have been identified in sufficient number and breadth to support the proposed program. (3) The program is designed to be consistent with the standards of the Southern Association of Colleges and Schools Commission on Colleges [of the Southern Association of Colleges and Schools], and with the standards of other applicable accrediting agencies; and is in compliance with appropriate licensing authority requirements. (4) The institution has provided credible evidence of longterm student interest and job-market needs for graduates; or, if proposed by a university, the program is appropriate for the development of a well-rounded array of basic baccalaureate degree programs at the institution where the principal faculty and other resources are already in place to support other approved programs and/or the general core curriculum requirements for all undergraduate students. (5) The program would not be unnecessarily duplicative of existing programs at other institutions. (6) Implementation and operation of the program would not be dependent on future Special Item funding. (7) New costs to the institution over the first five years after implementation of the program would not exceed $2,000,000. (c) In addition to the requirements listed in subsection (a) and (b) of this section, a new doctoral program may only be approved by the Commissioner if: (1) the institution already offers a doctoral program or programs in a closely related disciplinary area, (2) those existing doctoral programs are productive and offered at a high level of quality, (3) the core faculty for the proposed program are already active and productive faculty in an existing doctoral program at the institution, (4) the institution has notified Texas public institutions that offer the proposed program or a related program and resolved any objections; and (5) there is a very strong link between the program and workforce needs or the economic development of the state. (d) A proposal for a new degree program must include a statement from the institution's chief executive officer certifying adequate financing and explaining the sources of funding to support the first five years of operation of the program. (e) If a proposal meets the criteria specified in this section, the Commissioner may either approve it or forward it to the Board for consideration at an appropriate quarterly meeting. (f) If a proposal does not meet the criteria specified in this section, the Commissioner may deny approval or forward it to the Board for consideration at an appropriate quarterly meeting. Institutions may appeal the decision to deny approval to the Board. (g) If a proposed program is the subject of an unresolved grievance or dispute between institutions, the Commissioner must forward it to the Board for consideration at an appropriate quarterly meeting. (h) The Commissioner shall make available to the public universities, health-related institutions, community/technical colleges, and Independent Colleges of Texas, Inc. a list of all pending proposals for new degree programs. If an institution wishes to provide the Commissioner information supporting a concern it has about the approval of a pending proposal for a new degree program at another institution, it must do so within 14 days of the initial listing of the proposal, and it must also forward the information to the proposing institution. (i) The authority given to the Commissioner to approve proposals from public universities and health-related institutions for new degree programs (and other related duties given under this section) may be delegated by the Commissioner to the Assistant Commissioner for Academic Quality and Workforce [Workforce, Academic Affairs and Research]. PROPOSED RULES February 2, TexReg 523

34 (j) Each quarter, the Commissioner shall send a list of his approvals and disapprovals under this section to Board members. A list of the approvals and disapprovals shall also be attached to the minutes of the next quarterly Board meeting Publishing of Doctoral Program Data. Each public university and health-related institution with one or more doctoral programs on its program inventory shall collect and publish information on its website regarding the "[18] Characteristics of Texas Public Doctoral Programs [Education]" as approved by the Board, on a schedule determined by the Commissioner. Each institution must develop and implement a plan for using the [18] Characteristics of Texas Public Doctoral Programs for ongoing evaluation and quality improvement of each doctoral program Review of Existing Degree Programs. (a) In accordance with the requirements of the Southern Association of Colleges and Schools, Commission on Colleges, each public institution of higher education shall have a process to review the quality and effectiveness of existing degree programs and for continuous improvement. (b) The Coordinating Board staff shall develop a process for conducting a periodic audit of the quality, productivity, and effectiveness of existing bachelor's, master's, and doctoral degree programs at public institutions of higher education and health-related institutions. (c) Each public university and health-related institution shall review all doctoral programs at least once every ten [seven] years. (1) On a schedule to be determined by the Commissioner, institutions shall submit a schedule of review for all doctoral programs to the Assistant Commissioner of Academic Quality and Workforce [Workforce, Academic Affairs and Research]. (2) Institutions shall begin each review of a doctoral program with a rigorous self-study. (3) As part of the required review process, institutions shall use at least two external reviewers with subject-matter expertise who are employed by institutions of higher education outside of Texas. (4) External reviewers must be provided with the materials and products of the self-study and must be brought to the campus for an on-site review. (5) External reviewers must be part of a program that is nationally recognized for excellence in the discipline. (6) External reviewers must affirm that they have no conflict of interest related to the program under review. (7) Closely-related programs, defined as sharing the same 4-digit Classification of Instructional Programs code, may be reviewed in a consolidated manner at the discretion of the institution. (8) Institutions shall review master's and doctoral programs in the same discipline simultaneously, using the same self-study materials and reviewers. Institutions may also, at their discretion, review bachelor's programs in the same discipline as master's and doctoral programs simultaneously. (9) Criteria for the review of doctoral programs must include, but are not limited to: (A) The [18] Characteristics of Texas Public Doctoral Programs; (B) Student retention rates; (C) Student enrollment; (D) Graduate licensure rates (if applicable); (E) Alignment of program with stated program and institutional goals and purposes; (F) Program curriculum and duration in comparison to peer programs; (G) (H) (I) Program facilities and equipment; Program finance and resources; Program administration; and (J) Faculty Qualifications. (10) Institutions shall submit a report on the outcomes of each review, including the evaluation of the external reviewers and actions the institution has taken or will take to improve the program, and shall deliver these reports to the Academic Quality and Workforce [Workforce, Academic Affairs and Research] Division no later than 180 days after the reviewers have submitted their findings to the institution. (11) Institutions may submit reviews of graduate programs performed for reasons of programmatic licensure or accreditation in satisfaction of the review and reporting requirements in this subsection. (d) Each public university and health-related institution shall review all stand-alone master's programs at least once every ten [seven] years. (1) On a schedule to be determined by the Commissioner, institutions shall submit a schedule of review for all master's programs to the Assistant Commissioner of Academic Quality and Workforce [Workforce, Academic Affairs and Research]. (2) Institutions shall begin each review of a master's program with a rigorous self-study. (3) As part of the required review process, institutions shall use at least one external reviewer with subject-matter expertise who is employed by an institution of higher education outside of Texas. (4) External reviewers shall be provided with the materials and products of the self-study. External reviewers may be brought to the campus for an on-site review or may be asked to conduct a remote desk review. (5) External reviewers must be part of a program that is nationally recognized for excellence in the discipline. (6) External reviewers must affirm that they have no conflict of interest related to the program under review. (7) Closely-related programs, defined as sharing the same 4-digit Classification of Instructional Programs code, may be reviewed in a consolidated manner at the discretion of the institution. (8) Master's programs in the same 6-digit Classification of Instructional Programs code as doctoral programs shall be reviewed simultaneously with their related doctoral programs. (9) Criteria for the review of master's programs must include, but are not limited to: (A) Faculty qualifications; (B) Faculty publications; (C) Faculty external grants; (D) (E) (F) Faculty teaching load; Faculty/student ratio; Student demographics; 43 TexReg 524 February 2, 2018 Texas Register

35 (G) Student time-to-degree; (H) Student publication and awards; (I) Student retention rates; (J) Student graduation rates; (K) Student enrollment; (L) Graduate licensure rates (if applicable); (M) Graduate placement (i.e. employment or further education/training); (N) Number of degrees conferred annually; (O) Alignment of program with stated program and institutional goals and purposes; (P) Program curriculum and duration in comparison to peer programs; (Q) Program facilities and equipment; (R) Program finance and resources; and (S) Program administration. (10) Institutions shall submit a report of the outcomes of each review, including the evaluation of the external reviewer(s) and actions the institution has taken or will take to improve the program, and shall deliver these reports to the Academic Quality and Workforce [Workforce, Academic Affairs and Research] Division no later than 180 days after the reviewer(s) have submitted their findings to the institution. (11) Institutions may submit reviews of graduate programs performed for reasons of programmatic licensure or accreditation in satisfaction of the review and reporting requirements in this subsection. (e) The Coordinating Board shall review all reports submitted for master's and doctoral programs and shall conduct analysis as necessary to ensure high quality. Institutions may be required to take additional actions to improve their programs as a result of Coordinating Board review Noncompliance with Conditions of Approval for New Doctoral Degree Programs. (a) A new doctoral degree program that fails to satisfy all contingencies and conditions of approval by the end of the first five years following program implementation shall be notified in writing of said failure by the Board staff. Within sixty (60) days of receipt of notification, the program shall: (1) provide to the Board staff a written report containing the institution's findings as to why all conditions of approval were not met; (2) submit a written plan describing how the program will fulfill all unsatisfied conditions of approval within one year; and (3) at the end of the one-year period provide a report to the Board staff on whether or not all unsatisfied conditions of approval have been fulfilled. (b) A new doctoral degree program that fails to satisfy all remaining conditions of approval during the one-year period referenced in subsection (a)(2) of this section shall be required to show cause why the program should not be closed. (c) Program Closure. If it is determined that a new doctoral degree program is in jeopardy of noncompliance with the conditions of its approval, Coordinating Board staff may notify the institution in writing with a recommendation. If the institution where the program is located wishes to close the program, the institution shall: (1) give appropriate notification to the Southern Association of Colleges and Schools Commission on Colleges; (2) cease to admit new students to the program and provide Board staff with the names, dates of admission, and projected graduation dates of all students currently enrolled in the program; (3) teach-out students currently enrolled in the program over a period of time not to exceed one and one-half times the normal program length. The Commissioner may extend the duration of the teach-out period if the institution presents compelling evidence that an extension is appropriate and necessary; (4) ensure that all courses necessary to complete the program are offered on a timely basis; (5) close the program when the last student enrolled in the program has graduated or the teach-out period has lapsed; and (6) notify the Coordinating Board when the program is finally closed. (d) If the institution chooses not to follow the recommendation, Coordinating Board staff may send the recommendation to the governing board of the institution. If the governing board does not accept the recommendation to eliminate the program, then the university system or, where a system does not exist, the institution must identify the programs recommended for closure by the Coordinating Board on the next legislative appropriations request submitted by the system or institution. 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 January 22, TRD Bill Franz General Counsel Texas Higher Education Coordinating Board Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC 5.56 The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of 5.56 concerning approval of baccalaureate degree programs for selected community colleges. The proposed repeal deletes an outdated section of criteria regarding the approval of baccalaureate programs at selected community colleges. Dr. Rex C. Peebles, Assistant Commissioner for Academic Quality and Workforce, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules. Dr. Peebles has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be improved alignment between the criteria of new program proposals and the review of such proposals and existing programs. There is no effect PROPOSED RULES February 2, TexReg 525

36 on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment. Comments on the repeal may be submitted to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas or via at Comments will be accepted for 30 days following publication of the proposal in the Texas Register. Government Growth Impact Statement (1) the rules will not create or eliminate a government program; (2) implementation of the rules will not require the creation or elimination of employee positions; (3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency; (4) the rules will not require an increase or decrease in fees paid to the agency; (5) the rules will not create a new rule; (6) the rules will not limit an existing rule; and (7) the rules will not change the number of individuals subject to the rule. The repeal is proposed under the Texas Education Code, , which provides the Coordinating Board with the authority to approve new certificate and degree programs at public institutions of higher education. The repeal affects Texas Education Code, Approval of Baccalaureate Degree Programs for Selected Community Colleges. 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 January 22, TRD Bill Franz General Counsel Texas Higher Education Coordinating Board Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) PART 2. TEXAS EDUCATION AGENCY CHAPTER 152. COMMISSIONER'S RULES CONCERNING EXAMINATION REQUIREMENTS 19 TAC The Texas Education Agency (TEA) proposes new , concerning examination requirements. The proposed new section would implement the requirements of the Texas Education Code (TEC), (a-1), for the commissioner to adopt rules establishing exceptions to the examination requirements prescribed by TEC, (a)(3), for an educator from outside the state to obtain a certificate in Texas. SB 1839, 85th Texas Legislature, Regular Session, 2017, changed TEC, , to permit the commissioner of education to adopt rules establishing exceptions to the examination requirements prescribed by TEC, (a)(3), for an educator from outside the state to obtain a certificate in this state. Proposed new 19 TAC , Exceptions to Examination Requirements for Individuals Certified Outside the State, would outline the requirements that individuals certified outside the state must follow for consideration of an exception to the state-mandated examination requirements for certification. Commissioner authority to exempt individuals already certified in other states from Texas examination requirements supports the mobility of teachers transferring from state to state; reduces the burden of repetitive testing on educators that completed an educator preparation program, including student teaching or a teaching practicum; acknowledges demonstration of content knowledge and skills in their original state of licensure through successful completion of state-mandated examinations; and recognizes and respects the professionalism of the credential issued by the other state department of education or country of licensure. Following is a description of the proposed new 19 TAC , Exceptions to Examination Requirements for Individuals Certified Outside the State. Subsection (a), General provisions. Language is proposed to clarify the new authority provided by SB 1839 to permit the commissioner of education to establish exceptions to examination requirements for individuals certified outside the state. Subsection (b), Definitions. Language is proposed to provide definitions for the following five key terms: standard certificate, professional class, Texas review of credentials, examination, and teacher service record. These terms are related to the Texas review of credentials process required of individuals certified outside the state. Establishing these key terms into rule clarifies the purpose and role of the processes and procedures already established for educators certified outside the state as related to their qualifications to be considered for an exception to the examination requirements for issuance of a Texas certificate. Subsection (c), Minimum requirements. Language is proposed in subsection (c)(1)(a) - (F) that identifies the six proposed requirements candidates must meet to be considered for an exception to the required examinations for issuance of a Texas certificate. TEA has determined that the required degree, completion of a state-approved educator program or program for licensure in another country, successful completion of examinations required for issuance of the standard certificate in the other state or country, one year of required experience serving as a classroom teacher, and two years of required experience serving in a role other than classroom teacher when the applicant does not also hold a classroom teaching certificate would ensure that individuals certified outside the state have sufficient training and experience qualifying them to teach Texas students. TEA has also determined that establishing these minimum requirements aligns certification candidates outside the state with the general requirements and level of preparation expected of in-state candidates for certification. 43 TexReg 526 February 2, 2018 Texas Register

37 Language is proposed in subsection (c)(2) that clarifies that all applicants from outside the state that meet all the requirements specified in subsection (c)(1) must take the next step in the certification process by submitting the Texas online application and fee for a review of credentials and sending the required documents identified in subsection (c)(2)(a) for candidates certified in another state and the documents identified in subsection (c)(2)(b) for candidates licensed to teach in another country. All applicants for certification will be using the online application already established for issuance of Texas certification. To qualify for an exception from examination requirements in Texas, applicants must have taken and passed required examinations in their issuing state or country. An official score report confirming passing results on those required examinations must be submitted to TEA as part of the review process. Subsection (d), Approval process. Language is proposed in subsection (d)(1) - (5) that explains the process TEA will utilize to review and approve exceptions to examination requirements. This proposed process for the application, review, and approval of exceptions to examination requirements mirrors the steps already in place for the review of credentials for educators certified in other states and/or licensed to teach in other countries. By utilizing the online application for certification already in place and by aligning established procedures with requirements established in rule for educators certified in other states (19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States), and educators certified in other countries (19 TAC Chapter 245, Certification of Educators from Other Countries), TEA anticipates applicants seeking an exception to examination requirements will complete the review process and obtain certification in a timely manner. The proposed new section would have no procedural and reporting implications. The proposed new section would have no locally maintained paperwork requirements. FISCAL NOTE. Martin Winchester, deputy commissioner for educator support, has determined that for the first five-year period the new section is in effect, there will be fiscal implications for state government as a result of enforcing or administering the new section. The state will no longer receive the $11 fee from each certification test administered to an individual certified outside the state and working to meet requirements for Texas certificate issuance. During the test administration year, a total of 10,515 tests were administered to educators outside the state, generating an estimated year revenue of $115,665 ($11 per test administered) for TEA. Using the test administration numbers as a baseline, TEA estimates the agency would lose at minimum a total of $115,665 in testing fees for the next five fiscal years (FY FY 2023) with the adoption of the proposed rule. The TEA has determined that there are no fiscal implications to local government, including local school districts and open-enrollment charter schools, required to comply with the proposed rule action. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, The proposed new section does not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, The rule is being proposed to reduce the burden or responsibilities imposed on regulated persons and to decrease the persons' cost by compliance with the rule. The rule is necessary to implement SB 1839, 85th Texas Legislature, Regular Session, GOVERNMENT GROWTH IMPACT. The TEA has determined that the proposed new section does have a government growth impact pursuant to Texas Government Code, The proposed rule would result in a decrease of fees paid to the agency and would expand an existing regulation relating to the requirements for individuals outside the state to obtain Texas certification. SB 1839, 85th Texas Legislature, Regular Session, 2017, changed TEC, (a), Certification of Educators from Outside the State, to permit the commissioner of education to adopt rules establishing exceptions to the examination requirements prescribed in TEC, (a)(3), for a certified educator from outside the state to receive a Texas certificate. The agency currently received $11 of the $131 total registration fee for each test administered. During the test administration year, a total of 10,515 tests were administered to educators outside the state, generating an estimated year revenue of $115,665 ($11 per test administered) for TEA. TEA estimates the agency would lose at minimum a total of $115,665 in testing fees per year for the next five fiscal years with the adoption of the proposed rule. While the fiscal note completed for this legislation stated this would not be a significant loss in fees paid to the state, there will be a decrease in revenue received for tests administered to individuals outside the state. PUBLIC BENEFIT/COST NOTE. Mr. Winchester has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the proposed new section would be clarifying the certification process for educators certified outside the state and others regarding the required examinations for Texas certificate issuance. Implementation of the proposed rule would accelerate the certification process for applicants moving to Texas and provide support to districts recruiting certified educators from other states moving to Texas for employment purposes. There are fiscal implications to persons who are required to comply with the proposed new section, as each individual approved for exemptions from examination requirements will save $131 for each test he or she would no longer be required to take for issuance of a Texas standard certificate. During the test administration year, TEA completed credential reviews for a total of 5,224 individuals certified outside the state. If every individual would need a minimum of two tests to meet requirements for Texas certificate issuance, each educator pursuing certification in Texas would save a total of $262 in testing fees. TEA estimates a minimum total cost savings of $1,368,688 in test registration fees for individuals certified outside the state for the next five fiscal years (FY FY 2023) with the adoption of the proposed rule. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEX- IBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSI- NESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, , is required. REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins February 2, 2018, and ends March 5, Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas Comments PROPOSED RULES February 2, TexReg 527

38 may also be submitted electronically to A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on February 2, STATUTORY AUTHORITY. The new section is proposed under Texas Education Code, (a-1), as added by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017, which permits the commissioner to adopt rules establishing exceptions to the examination requirements prescribed by TEC, (a)(3), for an educator from outside the state to obtain a certificate in this state. CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, (a-1), as added by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, Exceptions to Examination Requirements for Individuals Certified Outside the State. (a) General provisions. Texas Education Code (TEC), (a-1), permits the commissioner of education to adopt rules establishing exceptions to the examination requirements prescribed by TEC, (a)(3), for an educator from outside the state to obtain a certificate in Texas. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Standard certificate--a type of certificate issued to an individual who has met all requirements for a given class of certification, as specified in of this title (relating to Classes of Certificates). (2) Professional class--a term that refers to certificates for duties other than classroom teacher (e.g., superintendent, principal, school counselor, school librarian, educational diagnostician, reading specialist, and master teacher). (3) Texas review of credentials--an internal process completed by Texas Education Agency (TEA) to determine the certificate areas an applicant is eligible to pursue in Texas based on certificates issued by another state department of education or another country. Applicants must submit an online application for a review of credentials, application fee, and required documents specified in the application and on the TEA website, based on certificates issued in another state or country. (4) Examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program, certification as an educator, continuation as an educator, or advancement as an educator. (5) Teacher service record--the basic document (form FIN-115) or a similar form completed in support of the number of years of professional service claimed for salary increment purposes and both the state's sick and personal leave program data for all personnel. It is the responsibility of the issuing school district or charter school to ensure that service records are true and correct and that all service recorded on the service record was performed. (c) Minimum requirements. (1) Applicants must meet the following general requirements for certification to be considered for an exception to the required examinations for issuance of state licensure: (A) obtain a bachelor's degree from an institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; (B) complete a state-approved educator preparation program, including student teaching or a teaching practicum, in the state where the standard certificate was issued; (C) pass the examinations required by the state department of education or country of licensure for issuance of the standard certificate; (D) hold a standard certificate issued by the state department of education or country of licensure that is equivalent to a Texas standard classroom or professional class certificate; (E) for an applicant certified as a classroom teacher, have one academic year of verifiable, full-time experience serving in the role and documented on a service record; and (F) for an applicant certified in a professional class area only, have two academic years of verifiable, full-time experience serving in the role and documented on a service record. (2) Applicants from outside the state that meet requirements specified in subsection (c)(1) of this section must apply online for a review of credentials by the TEA and submit the following documents prior to being considered for an exception to the examination requirements for state licensure. (A) For candidates certified in another state, each applicant must submit the following: and date(s); (i) official transcript(s) showing degree(s) conferred (ii) official score report(s) for required examinations passed for issuance of the state certificate; and (iii) copy of standard certificate(s) issued by the state department(s) of education that clearly indicates the subject area(s) and grade levels of certification. (B) For candidates licensed to teach in another country, each applicant must submit the following, and all documentation must be written in the English language or must be accompanied by a translation in the English language from a foreign credential evaluation service recognized by the TEA or an accredited translation service: (i) original detailed report or course-by-course evaluation for professional licensing of all college-level credits prepared by a foreign credential evaluation service recognized by the TEA. The evaluation must verify that the individual: (I) holds, at a minimum, the equivalent of a baccalaureate degree issued by an accredited institution in the United States as specified in 245.1(b) of this title (relating to General Provisions), including the date that the degree was conferred; and (II) has completed an educator preparation program, including a teaching practicum; (ii) demonstration of English language proficiency as specified in (b)(5) of this title (relating to General Requirements); (iii) letter of professional standing from the country that issued licensure to teach that confirms the educator certificate(s) or other credential(s) are currently in good standing and have not been revoked, suspended, or sanctioned for misconduct and are not pending disciplinary or adverse action; 43 TexReg 528 February 2, 2018 Texas Register

39 (iv) official transcripts of any additional college credits and/or degrees earned in the United States; (v) copies of any standard certificates issued by the country of licensure or another state department of education; and (vi) official score report(s) for required examinations passed for issuance of the standard certificate in the country of licensure or another state. (d) Approval process. (1) TEA will review and verify all required documentation submitted as part of the Texas review of credentials. An individual who does not submit all required documents for the review at the time of the application will have one year from the original date of application to submit all required documents, or the individual will be required to reapply online and resubmit the application fee for a Texas review of credentials. (2) Applicants certified in a professional class other than classroom teacher (e.g., principal, superintendent, school counselor, school librarian, educational diagnostician, and master teacher) are required to provide a completed teacher service record that verifies and documents two years of experience in the role aligned with the professional class certificate area. (3) Once all required documentation has been submitted, reviewed, and verified to meet the Texas certification criteria, the applicant will be issued an exemption from state examination requirements by TEA in accordance with minimum requirements established by the commissioner of education as specified in this section. (4) Upon completion of the Texas review of credentials, TEA will notify applicants of the Texas certificate areas for which they qualify and examination requirements from which they have been exempted (if applicable) and will specify final actions the applicants must complete to obtain their licensures in this state. (5) If the required documentation does not meet the Texas certification requirements, the applicant will be denied exemption from the state examination requirements and will be required to successfully complete the applicable examination(s) for issuance of the Texas standard certificate(s). 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 January 22, TRD Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TITLE 22. EXAMINING BOARDS PART 5. STATE BOARD OF DENTAL EXAMINERS CHAPTER 101. DENTAL LICENSURE 22 TAC The State Board of Dental Examiners (Board) proposes an amendment to rule 101.2, concerning Licensure by Examination. This amendment will require all dental applicants after January 1, 2019, to successfully complete the periodontics and prosthodontics sections of whichever national exam they take. Kelly Parker, Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of administering this section will be to increase safety to patients by ensuring dentists are adequately prepared to perform acts they are legally able to perform. Ms. Parker has determined that for the first five-year period the proposed rule is in effect, costs to persons or small businesses will be minimal. There is no foreseeable impact on employment in any regional area where the rule is enforced or administered. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: the rule does not create or eliminate a government program; implementation of the proposed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule does not require an increase or decrease in future appropriations; the proposed rule does not require an increase or decrease in fees paid to the agency; the proposed rule creates a new regulation; the proposed rule expands an existing regulation; the proposed rule increases the number of individuals subject to it; the proposed rule does not adversely affect the state's economy. Comments on the proposed new rule may be submitted to Tyler Vance, General Counsel, 333 Guadalupe, Suite 3-800, Austin, Texas 78732, Fax (512) , tvance@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register. This amendment is proposed 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. No statutes are affected by this proposal Licensure by Examination. (a) In addition to the general qualifications for licensure contained in of this chapter (relating to General Qualifications for Licensure), an applicant for licensure by examination who is a graduate of an accredited school must present proof that the applicant: (1) Has graduated and received either the "DDS" or "DMD" degree from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA); (2) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations; and (3) Has taken and passed the appropriate general dentistry clinical examination administered by a regional examining board designated by the Board. (b) In addition to the general qualifications for licensure contained in of this chapter, an applicant for licensure by examination who is a graduate of a non-accredited school must present proof that the applicant: PROPOSED RULES February 2, TexReg 529

40 (1) Has graduated from a dental school that is not CODAaccredited; (2) Has successfully completed training in an American Dental Association-approved specialty in a CODA-accredited education program that consists of at least two years of training as specified by the Council on Dental Education; (3) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations; and (4) Has taken and passed the appropriate general dentistry clinical examination administered by a regional examining board designated by the Board. Many regional examining boards require prior written approval by the participating member state in order for graduates of non-accredited schools to be tested. Prior to submitting an application for regional examination, graduates of non-accredited schools must obtain such permission from the Board. (c) Designated regional examining boards. (1) The following regional examining boards have been designated as acceptable by the Board as of the effective dates shown: 1994; 2002; 2005; and (A) Western Regional Examining Board, January 1, (B) Central Regional Dental Testing Service, January 1, (C) Northeast Regional Board, January 1, 2005; (D) Southern Regional Testing Agency, January 1, (E) Council of Interstate Testing Agencies (CITA), January 1, (2) Examination results will be accepted for five years from the date of the examination. (d) [(e)] Remediation. (1) If an applicant for Texas dental licensure fails three general dentistry clinical examination attempts, the applicant must complete 80 hours of clinical remediation through a CODA-accredited dental school before approval will be issued to take another clinical examination. (2) If an applicant fails four or more general dentistry clinical examination attempts, the applicant must complete one of the following before approval will be issued to take another clinical examination: (A) the repetition of the final year of a graduate dental program from a CODA-accredited dental school; or (B) a clinical remediation course offered by a CODAaccredited dental school, consisting of no less than 1,000 clinical hours. (3) All programs of clinical remediation require prior approval by the Board. Applicants will be responsible for locating, identifying and obtaining approval from the Board prior to registration for any program. (4) Re-examination must be accomplished within 18 months following the date the Board approves a remediation program for the applicant. (e) An applicant who takes an examination after January 1, 2019, must also successfully complete the periodontics and prosthodontics sections of an exam approved under subsection (c)(1) of this section. 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 January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 110. SEDATION AND ANESTHESIA 22 TAC The State Board of Dental Examiners (Board) proposes new rule , concerning Sedation and Anesthesia checklist. This new rule will establish the requirements of a preoperative checklist for all levels of sedation/anesthesia as required by SB313. Kelly Parker, Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of administering this section will be to increase safety to patients receiving sedation/anesthesia. Ms. Parker has determined that for the first five-year period the proposed rule is in effect, costs to persons or small businesses will be minimal. There is no foreseeable impact on employment in any regional area where the rule is enforced or administered. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: the rule does not create or eliminate a government program; implementation of the proposed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule does not require an increase or decrease in future appropriations; the proposed rule does not require an increase or decrease in fees paid to the agency; the proposed rule creates a new regulation; the proposed rule expands an existing regulation; the proposed rule increases the number of individuals subject to it; the proposed rule does not adversely affect the state's economy. Comments on the proposed new rule may be submitted to Tyler Vance, General Counsel, 333 Guadalupe, Suite 3-800, Austin, Texas 78732, Fax (512) , tvance@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register. This new rule is proposed 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. No statutes are affected by this proposed rule Required Preoperative Checklist for Administration of Nitrous Oxide and Levels 1, 2, 3, and 4 Sedation/Anesthesia. 43 TexReg 530 February 2, 2018 Texas Register

41 (a) A dentist administering nitrous oxide or Level 1, 2, 3, or 4 sedation/anesthesia must create and maintain in the patient's dental records required by rule 108.8, a document titled "preoperative sedation/anesthesia checklist" that is completed by the dentist prior to commencing a procedure for which the dentist will administer nitrous oxide or Level 1, 2, 3, or 4 sedation/anesthesia. (b) A dentist delegating the administration of sedation/anesthesia to another provider in accordance with Section (4) of the Act, must maintain in the patient's dental records required by rule 108.8, a document titled "preoperative sedation/anesthesia checklist" that is completed by the sedation/anesthesia provider prior to commencing a procedure for which the dentist has delegated another provider to administer the sedation/anesthesia. (c) At a minimum, the preoperative checklist must include documentation of the following for each level of sedation/anesthesia: (1) Medical history, including documentation of the following: and (E) review of patient medications and any modifications. (A) review of patient medical history; (B) review of patient allergies; (C) review of patient surgical and/or anesthesia history; (D) review of family surgical and/or anesthesia history; (2) Confirmation that written and verbal preoperative and post-operative instructions were delivered to the patient, parent, legal guardian, or care-giver; (3) Medical consults, as needed; (4) Physical examination, including documentation of the following: (A) American Society of Anesthesiologists Physical Status Classification (ASA) classification; (B) NPO status; and (C) Preoperative vitals, including height, weight, blood pressure, pulse rate, and respiration rate; (5) Anesthesia-specific physical examination including documentation of the following: (A) Airway assessment, including Mallampati score and/or Brodsky score; and check; (B) Auscultation; (6) Confirmation of pre-procedure equipment readiness (7) Confirmation of pre-procedure treatment review (correct patient and procedure); (8) Special preoperative considerations as indicated for sedation/anesthesia administered to pediatric or high risk patients; and (9) Documentation of reason for omission of any item required by subsection (c) of this section. (d) The information required above may be gathered at any time, but the dentist administering the sedation/anesthesia must verify that the information is current and correct prior to the administration of sedation/anesthesia. 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 January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The State Board of Dental Examiners (Board) proposes new rule , concerning Emergency Preparedness Policies and Procedures. This new rule will establish the requirements of emergency preparedness for all levels of sedation/anesthesia as required by SB 313. Kelly Parker, Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of administering this section will be to increase safety to patients receiving sedation/anesthesia. Ms. Parker has determined that for the first five-year period the proposed rule is in effect, costs to persons or small businesses will be minimal. There is no foreseeable impact on employment in any regional area where the rule is enforced or administered. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: the rule does not create or eliminate a government program; implementation of the proposed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule does not require an increase or decrease in future appropriations; the proposed rule does not require an increase or decrease in fees paid to the agency; the proposed rule creates a new regulation; the proposed rule expands an existing regulation; the proposed rule increases the number of individuals subject to it; the proposed rule does not adversely affect the state's economy. Comments on the proposed new rule may be submitted to Tyler Vance, General Counsel, 333 Guadalupe, Suite 3-800, Austin, Texas 78732, Fax (512) , tvance@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register. This new rule is proposed 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. No statutes are affected by this proposed rule Emergency Preparedness Policies and Procedures. (a) Pursuant to of the Act, all permit holders, including nitrous oxide, must develop written emergency preparedness policies and procedures specific to the permit holder's practice setting PROPOSED RULES February 2, TexReg 531

42 that establish a plan for the management of medical emergencies in each practice setting in which the dentist administers sedation/anesthesia. (b) The emergency preparedness policies and procedures must include written protocols, policies, procedures, and training requirements specific to the permit holder's equipment and drugs for responding to emergency situations involving sedation/anesthesia, including information specific to respiratory emergencies. (c) The permit holder must annually review the emergency preparedness policies and procedures to determine whether an update is necessary. The permit holder must maintain documentation of the dates of the emergency preparedness policies and procedures' creation, the most recent update, and the most recent annual review. (d) Policies and procedures developed by all permit holders must include basic life support protocols, advanced cardiac life support rescue protocols, and/or pediatric advanced cardiac life support rescue protocols if treating pediatric patients, consistent with the requirements of of this chapter, as applied to the permit holder. (e) Policies and procedures developed by all permit holders must include, at a minimum, the following documents: (1) Specific protocols for response to a sedation/anesthesia emergency, including specific protocols for advanced airway management techniques; (2) Staff training log, documenting staff training in emergency prevention, recognition, and response on at least an annual basis; (3) Emergency drug log documenting annual reviews for assurance of unexpired supply; (4) Equipment readiness log indicating annual reviews for assurance of function of the equipment required by of this chapter; and (5) Individual office staff roles and responsibilities in response to an emergency, including roles and responsibilities specific to a response to a respiratory emergency. 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 January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The State Board of Dental Examiners (Board) proposes new rule , concerning Prevention of and Response to Sedation/Anesthesia Emergencies. This new rule will establish the requirements of emergency preparedness for all levels of sedation/anesthesia as required by SB313. Kelly Parker, Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the rule. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of administering this section will be to increase safety to patients receiving sedation/anesthesia. Ms. Parker has determined that for the first five-year period the proposed rule is in effect, costs to persons or small businesses will be minimal. There is no foreseeable impact on employment in any regional area where the rule is enforced or administered. Ms. Parker has also determined that for the first five-year period the proposed rule is in effect, the following government growth effects apply: the rule does not create or eliminate a government program; implementation of the proposed rule does not require the creation or elimination of employee positions; the implementation of the proposed rule does not require an increase or decrease in future appropriations; the proposed rule does not require an increase or decrease in fees paid to the agency; the proposed rule creates a new regulation; the proposed rule expands an existing regulation; the proposed rule increases the number of individuals subject to it; the proposed rule does not adversely affect the state's economy. Comments on the proposed new rule may be submitted to Tyler Vance, General Counsel, 333 Guadalupe, Suite 3-800, Austin, Texas 78732, Fax (512) , tvance@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register. This new rule is proposed 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. No statutes are affected by this proposed rule Prevention of and Response to Sedation/Anesthesia Emergencies. (a) Pursuant to Section of the Act, the Board establishes minimum emergency preparedness standards and requirements for the administration of sedation/anesthesia. (b) At any time a permit holder administers sedation/anesthesia, the permit holder must have immediately available: (1) an adequate and unexpired supply of drugs and anesthetic agents, including but not limited to pharmacologic antagonists and resuscitative drugs appropriate for the sedation/anesthesia drugs used. (2) an automated external defibrillator, as defined by Section of the Texas Health and Safety Code; (3) a positive pressure ventilation device (4) supplemental oxygen (5) appropriate monitors and equipment, including but not limited to: monitor (A) stethoscope (B) sphygmomanometer or automatic blood pressure (C) pulse oximeter (D) an oxygen delivery system with adequate full face masks and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system 43 TexReg 532 February 2, 2018 Texas Register

43 (E) suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure (F) a lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure. (G) precordial/pretracheal stethoscope, size-and-shape appropriate advanced airway device, intravenous fluid administration equipment, and /or electrocardiogram, consistent with the requirements of 110.3, 110.4, and 110.6, as applied to the permit holder. (c) A permit holder who is administering sedation/anesthesia for which a Level 4 permit is required must use capnography during the administration of the sedation/anesthesia, as required by Section of the Act. (d) Each permit holder must conduct an emergency drug inspection for assurance of unexpired supply at least annually. Documentation of emergency drug inspections must be maintained in the permit holder's emergency drug log, required by (e) Each permit holder must conduct an equipment inspection for assurance of function at least annually. Documentation of equipment inspections must be maintained in the permit holder's equipment readiness log, required by 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 January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) PART 9. TEXAS MEDICAL BOARD CHAPTER 185. PHYSICIAN ASSISTANTS 22 TAC 185.4, 185.6, 185.8, , , , The Texas Medical Board, on behalf of the Texas Physician Assistant Board (Board) proposes amendments to 185.4, 185.6, 185.8, , , , and new , concerning Physician Assistants,. The amendment to 185.4, concerning Procedural Rules for Licensure Applicants, eliminates the requirement for applicants to have good moral character and adds language requiring applicants to submit to a criminal background check. These changes are based on the passage of SB 1625 (85th Regular Session), which amended and of the Physician Assistant Licensing Act. The proposed amendment also eliminates obsolete language referring to "surgeon assistants." The amendment to 185.6, concerning Annual Renewal of License, changes registration of physician assistants to biennial instead of annual. The proposed change also adds language to require applicants to submit to a criminal background check. Finally, the proposed rule change includes new language providing that the Board may refuse to renew a license if the licensee is not in compliance with a Board Order. These changes are based on the passage of SB 1625 (85th Regular Session), which amended , and of the Physician Assistant Licensing Act. The amendment to 185.8, concerning Inactive License, changes the reference to "annual" registration to "biennial" registration. This change is based on the passage of SB 1625(85th Regular Session), which amended of the Physician Assistant Licensing Act. The amendment to , concerning Physician Supervision, changes the reference to "annual" registration to "biennial" registration. This change is based on the passage of SB 1625 (85th Regular Session), which amended of the Physician Assistant Licensing Act. The amendment to , concerning Grounds for Denial of Licensure and for Disciplinary Action, adds language that provides the Board may refuse to renew a license if the licensee is not in compliance with a Board Order. This change is based on the passage of SB 1625 (85th Regular Session), which amended of the Physician Assistant Licensing Act. The amendment to , concerning Prescriptive Authority Agreements: Minimum Requirements, deletes language requiring face to face meetings as part of quality assurance and improvement plans. These changes are based on the passage of SB 1625 (85th Regular Session), which amended of the Medical Practice Act. New , concerning Minimum Training and Registration Requirements for Physicians Assistant Performing Radiologic Procedures, creates a new rule requiring physician assistants, who perform radiologic procedures, to have successfully completed an accredited educational program. These changes are based on Texas Occupations Code Scott Freshour, General Counsel for the Board, has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing this proposal will be to have rules that are consistent with statutes and to insure that physician assistants performing radiologic procedures have adequate training. Mr. Freshour has also determined that for the first five-year period the sections are in effect there will be no fiscal impact or effect on government growth as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the rules as proposed. There will be no effect on small or micro businesses or rural communities. Pursuant to Government Code , the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed amendments will be in effect, Mr. Freshour has determined the following: (1) The proposed rules do not create or eliminate a government program. (2) Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions. (3) Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency. PROPOSED RULES February 2, TexReg 533

44 (4) The proposed rules do not require an increase or decrease in fees paid to the agency. (5) The proposed rules do not create new regulations. (6) The proposed rules do not expand existing regulations; however, the proposed rules do limit existing regulations as described above. (7) The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability. (8) The proposed rules do not positively or adversely affect this state's economy. Comments on the proposal may be submitted to Rita Chapin, P.O. Box 2018, Austin, Texas , or comments to: A public hearing will be held at a later date. The amendments and new rule are proposed under the authority of the Texas Occupations Code Annotated, , which provides authority for the Board to recommend adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; enforce this subtitle; and establish rules related to licensure. The amendments are further proposed under the authority of Texas Occupations Code No other statutes, articles or codes are affected by this proposal Procedural Rules for Licensure Applicants. (a) Except as otherwise provided in this section, an individual shall be licensed by the board before the individual may function as a physician assistant. A license shall be granted to an applicant who: board; (1) submits an application on forms approved by the board; (2) pays the appropriate application fee as prescribed by the (3) has successfully completed an educational program for physician assistants [or surgeon assistants] accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. (ARC-PA), or by that committee's predecessor or successor entities, and holds a valid and current certificate issued by the National Commission on Certification of Physician Assistants ("NCCPA"); (4) certifies that the applicant is mentally and physically able to function safely as a physician assistant; (5) does not have a license, certification, or registration as a physician assistant in this state or from any other licensing authority that is currently revoked or on suspension or the applicant is not subject to probation or other disciplinary action for cause resulting from the applicant's acts as a physician assistant, unless the board takes that fact into consideration in determining whether to issue the license; [(6) is of good moral character;] (6) [(7)] is of good professional character as defined under 185.2(8) of this title (relating to Definitions). (7) [(8)] submits to the board any other information the board considers necessary to evaluate the applicant's qualifications; (8) [(9)] meets any other requirement established by rules adopted by the board; and (9) [(10)] must pass the national licensing examination required for NCCPA certification within no more than six attempts; and (10) [(11)] must pass the jurisprudence examination ("JP exam"), which shall be conducted on the licensing requirements and other laws, rules, or regulations applicable to the physician assistant profession in this state. The jurisprudence examination shall be developed and administered as follows: (A) The staff of the Medical Board shall prepare questions for the JP exam and provide a facility by which applicants can take the examination. (B) Applicants must pass the JP exam with a score of 75 or better within three attempts. (C) An examinee shall not be permitted to bring medical books, compends, notes, medical journals, calculators or other help into the examination room, nor be allowed to communicate by word or sign with another examinee while the examination is in progress without permission of the presiding examiner, nor be allowed to leave the examination room except when so permitted by the presiding examiner. (D) Irregularities during an examination such as giving or obtaining unauthorized information or aid as evidenced by observation or subsequent statistical analysis of answer sheets, shall be sufficient cause to terminate an applicant's participation in an examination, invalidate the applicant's examination results, or take other appropriate action. (E) An applicant who is unable to pass the JP exam within three attempts must appear before a committee of the board to address the applicant's inability to pass the examination and to re-evaluate the applicant's eligibility for licensure. It is at the discretion of the committee to allow an applicant additional attempts to take the JP exam. (F) A person who has passed the JP Exam shall not be required to retake the Exam for relicensure, except as a specific requirement of the board as part of an agreed order. (b) The following documentation shall be submitted as a part of the licensure process: (1) Name Change. Any applicant who submits documentation showing a name other than the name under which the applicant has applied must present certified copies of marriage licenses, divorce decrees, or court orders stating the name change. In cases where the applicant's name has been changed by naturalization the applicant should send the original naturalization certificate by certified mail to the board for inspection. (2) Certification. Each applicant for licensure must submit: (A) a letter of verification of current NCCPA certification sent directly from NCCPA, and (B) a certificate of successful completion of an educational program submitted directly from the program on a form provided by the board. (3) Examination Scores. Each applicant for licensure must have a certified transcript of grades submitted directly from the appropriate testing service to the board for all examinations accepted by the board for licensure. (4) Verification from other states. On request of board staff, an applicant must have any state, in which he or she has ever been licensed as any type of healthcare provider regardless of the current status of the license, submit to the board a letter verifying the status of the license and a description of any sanctions or pending disciplinary matters. The information must be sent directly from the state licensing entities. (5) Arrest Records. If an applicant has ever been arrested, a copy of the arrest and arrest disposition needs to be requested from 43 TexReg 534 February 2, 2018 Texas Register

45 the arresting authority and that authority must submit copies directly to the board. (6) Malpractice. If an applicant has ever been named in a malpractice claim filed with any liability carrier or if an applicant has ever been named in a malpractice suit, the applicant must: (A) have each liability carrier complete a form furnished by this board regarding each claim filed against the applicant's insurance; (B) for each claim that becomes a malpractice suit, have the attorney representing the applicant in each suit submit a letter directly to the board explaining the allegation, dates of the allegation, and current status of the suit. If the suit has been closed, the attorney must state the disposition of the suit, and if any money was paid, the amount of the settlement. The letter shall be accompanied by supporting documentation including court records if applicable. If such letter is not available, the applicant will be required to furnish a notarized affidavit explaining why this letter cannot be provided; and (C) provide a statement, composed by the applicant, explaining the circumstances pertaining to patient care in defense of the allegations. (7) provide a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation; (8) [(7)] Additional Documentation. Additional documentation as is deemed necessary to facilitate the investigation of any application for licensure must be submitted. (c) All physician assistant applicants shall provide sufficient documentation to the board that the applicant has, on a full-time basis, actively practiced as a physician assistant, has been a student at an acceptable approved physician assistant program, or has been on the active teaching faculty of an acceptable approved physician assistant program, within either of the last two years preceding receipt of an application for licensure. The term "full-time basis," for purposes of this section, shall mean at least 20 hours per week for 40 weeks duration during a given year. Applicants who are unable to demonstrate active practice on a full time basis may, in the discretion of the board, be eligible for an unrestricted license or a restricted license subject to one or more of the following conditions or restrictions as set forth in paragraphs (1) - (4) of this subsection: (1) completion of specified continuing medical education hours approved for Category 1 credits by a CME sponsor approved by the American Academy of Physician Assistants; (2) limitation and/or exclusion of the practice of the applicant to specified activities of the practice as a physician assistant; (3) remedial education; and (4) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as a physician assistant. (d) The executive director shall report to the board the names of all applicants determined to be ineligible for licensure, together with the reasons for each recommendation. An applicant deemed ineligible for licensure by the executive director may within 20 days of receipt of such notice request a review of the executive director's recommendation by a committee of the board, to be conducted in accordance with of this title (relating to Informal Board Proceedings Relating to Licensure Eligibility), and the executive director may refer any application to said committee for a recommendation concerning eligibility. If the committee finds the applicant ineligible for licensure, such recommendation, together with the reasons therefore, shall be submitted to the board. The applicant shall be notified of the panel or committee's determination and given the option to appeal the determination of ineligibility to the State Office of Administrative Hearings (SOAH) or accept the determination of ineligibility. An applicant has 20 days from the date the applicant receives notice of the board's determination of ineligibility to submit a written response to the board indicating one of those two options. If the applicant does not within 20 days of receipt of such notice submit a response either accepting the determination of ineligibility or providing notice of his or her intent to appeal the determination of ineligibility, the lack of such response shall be deemed as the applicant's acceptance of the board's ineligibility determination. If the applicant timely notifies the board of his or her intent to appeal the board's ineligibility determination to SOAH, a contested case before SOAH will be initiated only in accordance with of this title (relating to Pleadings). The applicant shall comply with all other provisions relating to formal proceedings as set out in this title Chapter 187 Subchapter C (relating to Formal Board Proceedings at SOAH). If the applicant does not timely comply with such provisions, or if prior to the initiation of a contested case at SOAH, the applicant withdraws his or her notice of intent to appeal the board's ineligibility determination to SOAH, the applicant's failure to take timely action or withdrawal shall be deemed acceptance of the board's ineligibility determination. The committee may refer any application for determination of eligibility to the full board. All reports received or gathered by the board on each applicant are confidential and are not subject to disclosure under the Public Information Act. The board may disclose such reports to appropriate licensing authorities in other states. (e) Applicants for licensure: (1) whose applications have been filed with the board in excess of one year will be considered expired. Any fee previously submitted with that application shall be forfeited unless otherwise provided by of this title (relating to Payment of Fees or Penalties). Any further request for licensure will require submission of a new application and inclusion of the current licensure fee. An extension to an application may be granted under certain circumstances, including: (A) Delay by board staff in processing an application; (B) Application requires Licensure Committee review after completion of all other processing and will expire prior to the next scheduled meeting; (C) Licensure Committee requires an applicant to meet specific additional requirements for licensure and the application will expire prior to deadline established by the Committee; (D) Applicant requires a reasonable, limited additional period of time to obtain documentation after completing all other requirements and demonstrating diligence in attempting to provide the required documentation; (E) Applicant is delayed due to unanticipated military assignments, medical reasons, or catastrophic events; (2) who in any way falsify the application may be required to appear before the board; (3) on whom adverse information is received by the board may be required to appear before the board; (4) shall be required to comply with the board's rules and regulations which are in effect at the time the completed application form and fee are filed with the board; PROPOSED RULES February 2, TexReg 535

46 (5) may be required to sit for additional oral or written examinations that, in the opinion of the board, are necessary to determine competency of the applicant; (6) must have the application of licensure complete in every detail 20 days prior to the board meeting in which they are considered for licensure. Applicants may qualify for a Temporary License prior to being considered by the board for licensure, as required by of this title (relating to Temporary License); (7) who previously held a Texas health care provider license, certificate, permit, or registration may be required to complete additional forms as required. (f) Alternative License Procedure for Military Service Members, Military Veterans, and Military Spouses. (1) An applicant who is a military service member, military veteran, or military spouse may be eligible for alternative demonstrations of competency for certain licensure requirements. Unless specifically allowed in this subsection, an applicant must meet the requirements for licensure as specified in this chapter. (2) To be eligible, an applicant must be a military service member, military veteran, or military spouse and meet one of the following requirements: (A) holds an active unrestricted physician assistant license issued by another state that has licensing requirements that are substantially equivalent to the requirements for a Texas physician assistant license; or (B) within the five years preceding the application date held a physician assistant license in this state. (3) The executive director may waive any prerequisite to obtaining a license for an applicant described in this subsection after reviewing the applicant's credentials. (4) Applications for licensure from applicants qualifying under paragraphs (1) and (2) of this subsection shall be expedited by the board's licensure division. Such applicants shall be notified, in writing or by electronic means, as soon as practicable, of the requirements and process for renewal of the license. (5) Alternative Demonstrations of Competency Allowed. Applicants qualifying under paragraphs (1) and (2) of this subsection: (A) in demonstrating compliance with subsection (d) of this section must only provide sufficient documentation to the board that the applicant has, on a full-time basis, actively practiced as a physician assistant, has been a student at an acceptable approved physician assistant program, or has been on the active teaching faculty of an acceptable approved physician assistant program, within one of the last three years preceding receipt of an Application for licensure; (B) notwithstanding the one year expiration in subsection (e)(1) of this section, are allowed an additional 6 months to complete the application prior to it becoming inactive; and (C) notwithstanding the 20 day deadline in subsection (e)(6) of this section, may be considered for permanent licensure up to 5 days prior to the board meeting. (g) Applicants with Military Experience. (1) For applications filed on or after March 1, 2014, the Board shall, with respect to an applicant who is a military service member or military veteran as defined in of this title (relating to Definitions), credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the Board. (2) This section does not apply to an applicant who: (A) has had a physician assistant license suspended or revoked by another state or a Canadian province; (B) holds a physician assistant license issued by another state or a Canadian province that is subject to a restriction, disciplinary order, or probationary order; or (C) has an unacceptable criminal history. (h) Re-Application for Licensure Prohibited. A person who has been determined ineligible for a license by the Licensure Committee may not reapply for a license prior to the expiration of one year from the date of the Board's ratification of the Licensure Committee's determination of ineligibility and denial of licensure Biennial [Annual] Renewal of License. (a) Physician assistants licensed under the Physician Assistant Licensing Act shall register biennially [annually] and pay a fee. A physician assistant may, on notification from the board, renew an unexpired license by submitting the required form and documents and by paying the required renewal fee to the board on or before the expiration date of the permit. The fee shall accompany the required form which legibly sets forth the licensee's name, mailing address, business address, and other necessary information prescribed by the board. (b) The following documentation shall be submitted as part of the renewal process: (1) Continuing Medical Education. As a prerequisite to the biennial [annual] registration of a physician assistant's license, 40 hours of continuing medical education (CME) are required to be completed in the following categories: courses: (A) at least one-half of the hours are to be from formal (i) that are designated for Category I credit by a CME sponsor approved by the American Academy of Physician Assistants; or (ii) approved by the board for course credit. (B) The remaining hours may be from Category II composed of informal self-study, attendance at hospital lectures, grand rounds, case conferences, or by providing volunteer medical services at a site serving a medically underserved population, other than at a site that is the primary practice site of the license holder, and shall be recorded in a manner that can be easily transmitted to the board upon request. (C) A physician assistant shall receive one credit of continuing medical education for each hour of time spent up to 6 hours per year, as required by subparagraph (A) of this paragraph based on participation in a program sponsored by the board and approved for CME credit for the evaluation of a physician assistant's competency or practice monitoring. (2) A physician assistant must report on the biennial [annual] registration form if she or he has completed the required continuing medical education during the previous year. A licensee may carry forward CME credit hours earned prior to [annual] registration which are in excess of the 40 hour biennial [annual] requirement and such excess hours may be applied to the following years' requirements. A maximum of 80 total excess credit hours may be carried forward and shall be reported according to whether the hours are Category I and/or Category II. Excess CME credit hours of any type may not be carried forward or applied to a [an annual] report of CME more than two years beyond the date of the biennial [annual] registration following the period during which the hours were earned. 43 TexReg 536 February 2, 2018 Texas Register

47 (3) A physician assistant may request in writing an exemption for the following reasons: (A) catastrophic illness; (B) military service of longer than one year's duration outside the United States; (C) residence of longer than one year's duration outside the United States; or (D) good cause shown on written application of the licensee that gives satisfactory evidence to the board that the licensee is unable to comply with the requirement for continuing medical education. (4) Exemptions are subject to the approval of the licensure committee of the board. (5) A temporary exception under paragraph (4) [(3)] of this subsection may not exceed two years [one year] but may be renewed biennially [annually], subject to the approval of the board. (6) This section does not prevent the board from taking disciplinary action with respect to a licensee or an applicant for a license by requiring additional hours of continuing medical education or of specific course subjects. (7) The board may require written verification of both formal and informal credits from any licensee within 30 days of request. Failure to provide such verification may result in disciplinary action by the board. (8) Unless exempted under the terms of this section, a physician assistant licensee's apparent failure to obtain and timely report the 40 hours of CME as required and provided for in this section shall result in nonrenewal of the license until such time as the physician assistant obtains and reports the required CME hours; however, the executive director of the board may issue to such a physician assistant a temporary license numbered so as to correspond to the nonrenewed license. Such a temporary license shall be issued at the direction of the executive director for a period of no longer than 90 days. A temporary license issued pursuant to this subsection may be issued to allow the physician assistant who has not obtained or timely reported the required number of hours an opportunity to correct any deficiency so as not to require termination of ongoing patient care. (9) A physician assistant, who is a military service member, may request an extension of time, not to exceed two years, to complete any CME requirements. (10) A physician assistant must provide a complete and legible set of fingerprints to the board, unless fingerprints were already submitted with their initial license application or a previous renewal request. (c) Falsification of an affidavit or submission of false information to obtain renewal of a license shall subject a physician assistant to denial of the renewal and/or to discipline pursuant to the Act, (d) If the renewal fee and completed application form are not received on or before the expiration date of the permit, the fees set forth in Chapter 175 of this title (relating to Fees and Penalties) shall apply. (e) The board shall not waive fees or penalties. (f) The board shall stagger biennial [annual] registration of physician assistants proportionally on a periodic basis. (g) Practicing as a physician assistant as defined in the Act without a biennial [an annual] registration permit for the current year as provided for in the board rules has the same force and effect as and is subject to all penalties of practicing as a physician assistant without a license. (h) Physician assistants shall inform the board of address changes within two weeks of the effective date of the address change. (i) Expired Biennial [Annual] Registration Permits. (1) If a physician assistant's registration permit has been expired for less than one year, the physician assistant may obtain a new permit by submitting to the board a completed permit application, the registration fee, as defined in 175.2(2) of this title (relating to Registration and Renewal Fees) and the penalty fee, as defined in 175.3(2) of this title (relating to Penalties). (2) If a physician assistant's registration permit has been expired for one year or longer, the physician assistant's license is automatically canceled, unless an investigation is pending, and the physician assistant may not obtain a new permit. (3) A person whose license has expired may not engage in activities that require a license until the licensed has been renewed. Practicing as a physician assistant after a physician assistant's permit has expired under subsection (a) of this section without obtaining a new registration permit for the current registration period has the same effect as, and is subject to all penalties of, practicing as a physician assistant without a license. The Board interprets of the Act to provide the exclusive sanction that may be imposed by the board for practicing medicine after the expiration of the permit. (j) A military service member who holds a physician assistant license in Texas is entitled to two years of additional time to complete any other requirement related to the renewal of the military service member's license. (k) The physician assistant board may refuse to renew a license if the licensee is in violation of a physician assistant board order Inactive License. (a) A license holder may have the license holder's license placed on inactive status by applying to the board. A physician assistant with an inactive license is excused from paying renewal fees on the license and may not practice as a physician assistant in Texas. (b) In order for a license holder to be placed on inactive status, the license holder must have a current [annual] registration permit and have a license in good standing. (c) A license holder who practices as a physician assistant in Texas while on inactive status is considered to be practicing without a license. (d) A physician assistant may return to active status by: (1) applying to the board, paying an application fee equal to an application fee for a physician assistant license; (2) complying with the requirements for license renewal under the Act; (3) providing current verifications from each state in which the physician assistant holds a license; (4) demonstrating current certification by NCCPA; (5) completing a fingerprint card and returning the card to the board as part of the application; (6) submitting a report from the National Practitioner Data Bank/Health Integrity and Protection Data Bank (NPDB-HIPDB) by contacting the NPDB-HIPDB and having a report of action submitted directly to the board on the applicant's behalf; and PROPOSED RULES February 2, TexReg 537

48 (7) submitting professional evaluations from each employment held after the license was placed on inactive status, and complying with subsection (e) of this section. (e) A physician assistant applicant applying to return to active status shall provide sufficient documentation to the board that the applicant has, on a full-time basis as defined in 185.4(d) of this title (relating to Procedural Rules for Licensure Applicants), actively practiced as a physician assistant or has been on the active teaching faculty of an acceptable approved physician assistant program, within either of the two years preceding receipt of an application for reactivation. Applicants who do not meet this requirement may, in the discretion of the board, be eligible for the reactivation of a license subject to one or more of the following conditions or restrictions as set forth in paragraphs (1) - (5) of this subsection: (1) current certification by the National Commission on the Certification of Physician Assistants; (2) completion of specified continuing medical education hours approved for Category 1 credits by a CME sponsor approved by the American Academy of Physician Assistants; (3) limitation and/or exclusion of the practice of the applicant to specified activities of the practice as a physician assistant; (4) remedial education; and/or (5) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as a physician assistant. (f) After five years on inactive status, the license shall be canceled as if by request. The physician assistant may obtain a new license by complying with the requirements and procedures for obtaining an original license Physician Supervision. (a) Supervision shall be continuous, but shall not be construed as necessarily requiring the constant physical presence of the supervising physician at a place where physician assistant services are performed while the services are performed. Telecommunication shall always be available. (b) It is the obligation of each physician and physician assistant to ensure that: (1) the physician assistant's scope of practice is identified; (2) delegation of medical tasks is appropriate to the physician assistant's level of competence; (3) the methods of access to and communicating with the supervising physician is defined; (4) a process for evaluation of the physician assistant's performance is established; and (5) the physician assistant is licensed to practice and has a current [annual] registration permit. The physician assistant must immediately notify his or her supervising physician(s) of any change in licensure status, including, but not limited to: permit expiration, license cancellation, or entry of a disciplinary order. (c) A physician assistant may have more than one supervising physician. (d) Physician assistants must utilize mechanisms which provide medical authority when such mechanisms are indicated, including, but not limited to, prescriptive authority agreements, standing delegation orders, standing medical orders, protocols, or practice guidelines Grounds for Denial of Licensure and for Disciplinary Action. The board may refuse to issue a license to any person and may, following notice of hearing and a hearing as provided for in the APA, take disciplinary action against any physician assistant who: (1) fraudulently or deceptively obtains or attempts to obtain a license; (2) fraudulently or deceptively uses a license; (3) violates the Act, or any rules relating to the practice of a physician assistant; (4) is convicted of a felony, or has imposition of deferred adjudication or pre-trial diversion; (5) habitually uses drugs or intoxicating liqueurs to the extent that, in the opinion of the board, the person cannot safely perform as a physician assistant; (6) has been adjudicated as mentally incompetent or has a mental or physical condition that renders the person unable to safely perform as a physician assistant; (7) has committed an act of moral turpitude. An act involving moral turpitude shall be defined as an act involving baseness, vileness, or depravity in the private and social duties one owes to others or to society in general, or an act committed with knowing disregard for justice, honesty, principles, or good morals; (8) represents that the person is a physician; (9) has acted in an unprofessional or dishonorable manner which is likely to deceive, defraud, or injure any member of the public; (10) has failed to practice as a physician assistant in an acceptable manner consistent with public health and welfare; (11) has committed any act that is in violation of the laws of the State of Texas if the act is connected with practice as a physician assistant; a complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this provision; proof of the commission of the act while in practice as a physician assistant or under the guise of practice as a physician assistant is sufficient for action by the board under this section; (12) has had the person's license or other authorization to practice as a physician assistant suspended, revoked, or restricted or who has had other disciplinary action taken by another state regarding practice as a physician assistant or had disciplinary action taken by the uniformed services of the United States. A certified copy of the record of the state or uniformed services of the United States taking the action is conclusive evidence of it; (13) fails to keep complete and accurate records of purchases and disposal of drugs listed in Chapter 483, Health and Safety Code, as required by Chapter 483, Health and Safety Code, or any subsequent rules. A failure to keep the records for a reasonable time is grounds for disciplinary action against the license of a physician assistant. The board or its representative may enter and inspect a physician assistant's place of practice during reasonable business hours for the purpose of verifying the correctness of these records and of taking inventory of the drugs on hand; (14) writes a false or fictitious prescription for a scheduled or a dangerous drug as defined by Chapters 481 and 483, Health and Safety Code; (15) prescribes, dispenses, or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is prescribed, dispensed, or administered; 43 TexReg 538 February 2, 2018 Texas Register

49 (16) unlawfully advertises in a false, misleading, or deceptive manner. Advertisements shall be defined as false, misleading, or deceptive consistent with of the Texas Occupations Code; (17) alters, with fraudulent intent, any physician assistant license, certificate, or diploma; (18) uses any physician assistant license, certificate, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered; (19) aids or abets, directly or indirectly, the practice as a physician assistant by any person not duly licensed to practice as a physician assistant by the board; (20) is removed or suspended or has disciplinary action taken by his peers in any professional association or society, whether the association or society is local, regional, state, or national in scope, or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if that action, in the opinion of the board, was based on unprofessional conduct or professional incompetence that was likely to harm the public. This action does not constitute state action on the part of the association, society, or hospital medical staff; (21) has repeated or recurring meritorious health care liability claims that in the opinion of the board evidence professional incompetence likely to harm the public; [or] (22) through his practice as a physician assistant sexually abuses or exploits another person; or[.] (23) is in violation of an active board order Prescriptive Authority Agreements: Minimum Requirements. Prescriptive authority agreements must, at a minimum: (1) be in writing and signed and dated by the parties to the agreement; (2) state the name, address, and all professional license numbers of the parties to the agreement; (3) state the nature of the practice, practice locations, or practice settings; (4) identify the types or categories of drugs or devices that may be prescribed or the types or categories of drugs or devices that may not be prescribed; (5) provide a general plan for addressing consultation and referral; (6) provide a plan for addressing patient emergencies; (7) state the general process for communication and the sharing of information between the physician and physician assistant to whom the physician has delegated prescriptive authority related to the care and treatment of patients; (8) if alternate physician supervision is to be utilized, designate one or more alternate physicians who may: (A) provide appropriate supervision on a temporary basis in accordance with the requirements established by the prescriptive authority agreement and the requirements of Chapter 157 of the Medical Practice Act and Chapter 193 of this title (relating to Standing Delegation Orders); and (B) participate in the prescriptive authority quality assurance and improvement plan meetings required under this section; and (9) describe a prescriptive authority quality assurance and improvement plan and specify methods for documenting the implementation of the plan that includes the following: (A) chart review, with the number of charts to be reviewed determined by the physician and physician assistant; and (B) periodic [face-to-face] meetings between the physician assistant and the physician at a location determined by the physician and the physician assistant. (10) The periodic [face-to-face] meetings described by paragraph (9)(B) of this section must include: (A) the sharing of information relating to patient treatment and care, needed changes in patient care plans, and issues relating to referrals; (C) documentation of the periodic [face-to-face] meetings. (B) discussion of patient care improvement; and (11) The periodic [face-to-face] meetings shall take place at least once a month in a manner determined by the physician and physician assistant. [occur as follows:] [(A) If during the seven years preceding the date the agreement is executed, the physician assistant was not in a practice that included the exercise of prescriptive authority with required physician supervision for at least five years: ] [(i) at least monthly until the third anniversary of the date the agreement is executed; and] [(ii) at least quarterly after the third anniversary of the date the agreement is executed, with monthly meetings held between the quarterly meetings by means of a remote electronic communications system, including videoconferencing technology or the Internet; or] [(B) if during five of the last seven years preceding the date the agreement is executed, the physician assistant was in a practice that included the exercise of prescriptive authority with required physician supervision, but the agreement is not being entered into with the same supervising physician who delegated and supervised during the five year period:] [(i) at least monthly until the first anniversary of the date the agreement is executed; and] [(ii) at least quarterly after the first anniversary of the date the agreement is executed, with monthly meetings held between the quarterly meetings by means of a remote electronic communications system, including videoconferencing technology or the Internet; or] [(C) if during five of the last seven years preceding the date the agreement is executed, the physician assistant was in a practice that included the exercise of prescriptive authority with required physician supervision, and the agreement is being entered into with the same supervising physician who delegated and supervised during the five year period:] [(i) at least quarterly; and] [(ii) monthly meetings held between the quarterly meetings by means of a remote electronic communications system, including videoconferencing technology or the Internet.] (12) The prescriptive authority agreement may include other provisions agreed to by the physician and the physician assistant. PROPOSED RULES February 2, TexReg 539

50 (13) If the parties to the prescriptive authority agreement practice in a physician group practice, the physician may appoint one or more alternate supervising physicians designated, if any, to conduct and document the quality assurance meetings in accordance with the requirements of Chapter 157 of the Medical Practice Act and Chapter 193 of this title. (14) The prescriptive authority agreement need not describe the exact steps that a physician assistant must take with respect to each specific condition, disease, or symptom. (15) A physician or physician assistant who is a party to a prescriptive authority agreement must retain a copy of the agreement until the second anniversary of the date the agreement is terminated. (16) A party to a prescriptive authority agreement may not by contract waive, void, or nullify any provision of this section or requirements for prescriptive authority agreements set forth by Chapter 157 of the Medical Practice Act and Chapter 193 of this title. (17) In the event that a party to a prescriptive authority agreement is notified that the individual has become the subject of an investigation by the board or the Texas Medical Board, the individual shall immediately notify the other party to the prescriptive authority agreement. (18) The prescriptive authority agreement and any amendments must be reviewed at least annually, dated, and signed by the parties to the agreement. The prescriptive authority agreement and any amendments must be made available to the board, the Texas Board of Nursing, or the Texas Medical Board not later than the third business day after the date of receipt of request, if any. (19) The prescriptive authority agreement should promote the exercise of professional judgment by the physician assistant commensurate with the physician assistant's education and experience and the relationship between the physician assistant and the physician. (20) This section shall be liberally construed to allow the use of prescriptive authority agreements to safely and effectively utilize the skills and services of physician assistants Minimum Training and Registration Requirements for Physicians Assistant Performing Radiologic Procedures. In order to perform radiologic procedures a licensed physician assistant must have successfully completed an educational program for physician assistants accredited by the Committee on Allied Health Education and Accreditation or by that committee's predecessor or successor entities, and must be registered with the Texas Physician Assistant Board. 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 January 22, TRD Scott Freshour Interim Executive Director Texas Medical Board Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS CHAPTER 575. PRACTICE AND PROCEDURE 22 TAC The Texas Board of Veterinary Medical Examiners (Board) proposes the repeal of , concerning Complaints--Receipt. This repeal is necessary because the Board is simultaneously proposing a new section for adoption that complies with recent legislative changes and streamlines the complaint process for more efficient and fair processing of complaints. The proposed repeal removes a provision that permitted the acceptance of anonymous complaints, which is now prohibited by the Occupations Code. The proposed repeal also removes procedural provisions which may be set by internal procedures to give staff greater flexibility. The proposed new is being published elsewhere in this issue of the Texas Register. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the proposed repeal is in effect, there are no anticipated increases or reductions in costs to the state and local governments as a result of the proposed repeal. Mr. Helenberg has also determined that for each year of the first five years that the proposed repeal is in effect, there is no anticipated impact in revenue to state government as a result of the proposed repeal. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be that the rule complies with recent legislative changes and streamlines the complaint process for more efficient and fair processing of complaints. There are no anticipated economic costs to persons required to comply with the proposed repeal. Local Employment Impact Statement Mr. Helenberg has determined that the proposed repeal will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the proposed repeal. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the repeal of the rule would be in effect, it is estimated that; the proposed repeal would not create or eliminate a government program; implementation of the proposed repeal would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed repeal would not require an increase or decrease in future legislative appropriations to the agency; the proposed repeal would not require an increase in the fees paid 43 TexReg 540 February 2, 2018 Texas Register

51 to the agency; the proposed repeal would not create a new regulation; the proposed repeal would not expand, limit, or repeal an existing regulation; the proposed repeal would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed repeal would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed repeal of the rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The repeal is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, (a), which states that the Board may adopt rules necessary to administer the chapter. No other statutes, articles, or codes are affected by the proposal Complaints--Receipt. 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 January 22, TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The Texas Board of Veterinary Medical Examiners (Board) proposes new , concerning Complaints, simultaneously with the proposed repeal of current The proposed repeal of current is being published elsewhere in this issue of the Texas Register. Overview The purpose of the proposed new rule is to comply with recent legislative changes and streamline the complaint process for more efficient and fair processing of complaints. The proposed new rule sets out the method for filing a complaint and minimum required information, as mandated by , Occupations Code. The required information is necessary for Board staff to initiate an investigation. The proposed new rule also establishes a preliminary investigation procedure that may be used to determine whether the Board should proceed with an official investigation of a complaint. This process allows the Board to efficiently dispose of complaints over which it has no jurisdiction, or which have previously been resolved by the Board. The proposed new rule permits the agency to combine or divide complaints as needed for fair and efficient investigations. Finally, the proposed new rule permits a complainant to withdraw a complaint. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments as a result of enforcing or administering the rule. Mr. Helenberg has also determined that for each year of the first five years that the rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be that the rule complies with recent legislative changes and streamlines the complaint process for more efficient and fair processing of complaints. There are no anticipated economic costs to persons required to comply with the rule. Local Employment Impact Statement Mr. Helenberg has determined that the rule will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the rule. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed new rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by PROPOSED RULES February 2, TexReg 541

52 to Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The new rule is proposed under the authority of (a), Occupations Code, which states that the Board may adopt rules necessary to administer the chapter, the authority of , Occupations Code, which states that the Board shall maintain a system to promptly and efficiently act on complaints filed with the Board, and the authority of , Occupations Code, which states that the Board by rule shall adopt a form to standardize information relating to complaints filed with the Board. No other statutes, articles, or codes are affected by the proposal Complaints. (a) Initiation. (1) Complaints submitted to the Board by the public shall be in writing on the complaint form provided by the Board. Complaints shall contain at least the following information: (A) the complainant's name and contact information; (B) the name of the person against whom the complaint is submitted; (C) the date and place of the alleged violation; and (D) a description of the facts or conduct alleged to violate the Act or Board rules. (2) The Board may investigate violations on its own initiative. (1) A preliminary investigation may be conducted to determine: (A) whether the Board has jurisdiction over the complaint; and (b) Preliminary Investigation. (B) whether the matter has been resolved as part of a previous complaint. (2) The Board has jurisdiction over a complaint if it alleges conduct that, if true, would constitute a violation of the Act or Board rules. (3) The Board does not have jurisdiction over a complaint that is received after the fourth anniversary of the latest date: (A) the alleged violation occurred; or (B) the earlier of when the complainant discovered, or in the exercise of reasonable diligence should have discovered, the alleged violation. (4) If the preliminary investigation shows that the Board does not have jurisdiction over the complaint, or that the matter has been resolved as part of a previous complaint, the Board may decline to initiate an official investigation. The complainant shall be notified of the reason that the Board declined to initiate an official investigation. (c) If the Board receives multiple complaints regarding the same respondent and the same alleged violation, the Board may combine the complaints. If the Board receives a complaint with multiple alleged violations, the Board may divide the complaint as needed. (d) A complainant may withdraw a complaint by submitting a written request to the Board. 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 January 22, TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The Texas Board of Veterinary Medical Examiners (Board) proposes the repeal of , concerning Complaints--Investigations. This repeal is necessary because the Board is simultaneously proposing a new section for adoption that streamlines the investigative process for more efficient and fair processing of complaints. The proposed repeal removes provisions that dictate Board policy regarding prioritization of complaints. The Board is already required by to adopt a formal policy to focus enforcement efforts toward investigating complaints and required by to prioritize complaints to resolve the more serious complaints first. It is unnecessary to reiterate these requirements in Board rules. The proposed repeal also removes detailed procedural provisions that unnecessarily constrain investigations. This is necessary to allow staff greater flexibility and promote timely resolution of complaints. The proposed new is being published elsewhere in this issue of the Texas Register. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the proposed repeal is in effect, there are no anticipated increases in costs to the state and local governments as a result of the proposed repeal. There may be incidental reductions in postage-related costs to the agency. Mr. Helenberg has also determined that for each year of the first five years that the proposed repeal is in effect, there is no anticipated impact in revenue to state government as a result of the proposed repeal. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be that the rule streamlines the investigative process for more efficient and fair processing of complaints. There are no anticipated economic costs to persons required to comply with the proposed repeal. Local Employment Impact Statement Mr. Helenberg has determined that the proposed repeal will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis 43 TexReg 542 February 2, 2018 Texas Register

53 Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the proposed repeal. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the repeal of the rule would be in effect, it is estimated that; the proposed repeal would not create or eliminate a government program; implementation of the proposed repeal would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed repeal would not require an increase or decrease in future legislative appropriations to the agency; the proposed repeal would not require an increase in the fees paid to the agency; the proposed repeal would not create a new regulation; the proposed repeal would not expand, limit, or repeal an existing regulation; the proposed repeal would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed repeal would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed repeal of the rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The repeal is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, (a), which states that the Board may adopt rules necessary to administer the chapter. No other statutes, articles, or codes are affected by the proposal Complaints--Investigations. 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 January TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The Texas Board of Veterinary Medical Examiners (Board) proposes new , concerning Investigations, simultaneously with the proposed repeal of current The proposed repeal of current is being published elsewhere in this issue of the Texas Register. Overview The purpose of the proposed new rule is to comply with statutory mandates and streamline the investigative process for more efficient and fair processing of complaints. The proposed new rule distinguishes between categories of complaints, as required by , Occupations Code. The rule also prescribes information to be provided to a complainant, as required by , Occupations Code, and requires that each party be notified of the projected time requirements of the complaint, as mandated by , Occupations Code. Finally, the proposed new rule prescribes guidelines concerning the use of private investigators, as mandated by (5), Occupations Code. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments as a result of enforcing or administering the rule. Mr. Helenberg has also determined that for each year of the first five years that the rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be that the rule complies with statutory mandates and streamlines the investigative process for more efficient and fair processing of complaints. There are no anticipated economic costs to persons required to comply with the rule. Local Employment Impact Statement Mr. Helenberg has determined that the rule will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the rule. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in PROPOSED RULES February 2, TexReg 543

54 future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed new rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The new rule is proposed under the authority of (a), Occupations Code, which states that the Board may adopt rules necessary to administer the chapter, the authority of (1), which states that the Board shall adopt rules to distinguish between categories of complaints, the authority of , which states that the Board shall adopt rules to prescribe information to be provided to a person when the person files a complaint with the Board, the authority of (b), which states that the Board shall notify each party to a complaint of the projected time requirements for the complaint, and (5) which states that the Board shall adopt rules to prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the Board to obtain the services of a private investigator. No other statutes, articles, or codes are affected by the proposal Investigations. (a) Upon the initiation of an official investigation, complaints shall be classified into one or more of the following complaint categories: (1) Complaints alleging acts or omissions that may constitute a continuing or imminent threat to the public welfare; (3) Complaints that do not require medical expertise to review; or (2) Complaints that require medical expertise to review; (4) Complaints alleging the practice of veterinary medicine or equine dentistry without a license. (b) The complainant and respondent shall be notified of the projected time requirements for the complaint, unless the notice would jeopardize an investigation. (c) The executive director may approve the use of a private investigator to assist in the investigation of a complaint where the use of Board investigators is not feasible or economical or where private investigators could provide valuable assistance to the Board investigators. 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 January 22, TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The Texas Board of Veterinary Medical Examiners (Board) proposes the repeal of , concerning Informal Conferences. This repeal is necessary because the Board is simultaneously proposing a new section for adoption that complies with recent legislative changes and streamlines the informal conference process for more efficient and fair processing of complaints. The proposed repeal removes provisions that require all informal conferences to be conducted before a panel of Board members. Removing this provision is necessary because it has contributed to a backlog of complaints, and is more restrictive than the Occupations Code intends. The proposed repeal also removes detailed procedural provisions that unnecessarily constrain informal conferences. This is necessary to allow greater flexibility to conduct informal conferences. The proposed new is being published elsewhere in this issue of the Texas Register. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the proposed repeal is in effect, there are no anticipated increases in costs to the state and local governments as a result of the proposed repeal. The agency anticipates a reduction of costs associated with Board member travel. Mr. Helenberg has also determined that for each year of the first five years that the proposed repeal is in effect, there is no anticipated impact in revenue to state government as a result of the proposed repeal. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be that the rule complies with recent legislative changes and streamlines the informal conference process for more efficient and fair processing of complaints. There are no anticipated economic costs to persons required to comply with the proposed repeal. Local Employment Impact Statement Mr. Helenberg has determined that the proposed repeal will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. 43 TexReg 544 February 2, 2018 Texas Register

55 Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the proposed repeal. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the repeal of the rule would be in effect, it is estimated that; the proposed repeal would not create or eliminate a government program; implementation of the proposed repeal would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed repeal would not require an increase or decrease in future legislative appropriations to the agency; the proposed repeal would not require an increase in the fees paid to the agency; the proposed repeal would not create a new regulation; the proposed repeal would not expand, limit, or repeal an existing regulation; the proposed repeal would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed repeal would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed repeal of the rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The repeal is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, (a), which states that the Board may adopt rules necessary to administer the chapter. No other statutes, articles, or codes are affected by the proposal Informal Conferences. 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 January 22, TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The Texas Board of Veterinary Medical Examiners (Board) proposes new , concerning Informal Conferences, simultaneously with the proposed repeal of current The proposed repeal of current is being published elsewhere in this issue of the Texas Register. Overview The purpose of the proposed new rule is to comply with recent legislative changes and streamline the informal conference process for more efficient and fair processing of complaints. The proposed new rule requires that parties to the complaint be given reasonable notice and an opportunity to be heard and represented by counsel at an informal conference. The proposed new rule requires that the general counsel or a representative of the attorney general be present during an informal conference, as mandated by (b)(2), Occupations Code. The proposed new rule would permit the agency to conduct informal conferences regarding complaints not requiring medical expertise before a panel comprised of Board staff, as authorized by , Occupations Code. This option allows for the faster processing of complaints and more flexible allocation of agency resources. Informal conferences regarding complaints will be conducted before a panel of Board members, as mandated by , Occupations Code. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases in costs to the state and local governments as a result of enforcing or administering the rule. The agency anticipates a reduction of costs associated with Board member travel. Mr. Helenberg has also determined that for each year of the first five years that the rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be that the rule complies with statutory mandates and streamlines the investigative process for more efficient and fair processing of complaints. There are no anticipated economic costs to persons required to comply with the rule. Local Employment Impact Statement Mr. Helenberg has determined that the rule will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the rule. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the PROPOSED RULES February 2, TexReg 545

56 elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed new rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The new rule is proposed under the authority of (a), Occupations Code, which states that the Board may adopt rules necessary to administer the chapter, and the authority of , which states that the board shall by rule adopt procedures governing informal proceedings. No other statutes, articles, or codes are affected by the proposal Informal Conferences. (a) Reasonable written notice of the time, date, and location of an informal conference shall be provided to the respondent and complainant, if applicable. The notice shall include a statement of the alleged violation(s) to be considered by the informal conference panel. (b) The respondent and complainant shall each be provided with an opportunity to be heard by the informal conference panel, and may be represented by counsel. Deliberations by the informal conference panel are confidential. (c) The general counsel or a representative of the attorney general shall be present during an informal conference to advise the informal conference panel. (d) Informal conferences regarding complaints requiring medical expertise shall be conducted by an informal conference panel comprised of two veterinarian Board members and one public Board member. (e) Informal conferences regarding complaints not requiring medical expertise may be conducted by an informal conference panel comprised of Board staff. The Executive Director may designate the members of this panel. 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 January 22, TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TAC The Texas Board of Veterinary Medical Examiners (Board) proposes the repeal of , concerning Cease and Desist Procedures. This purpose of this repeal is to eliminate provisions which merely duplicate procedures established elsewhere in Board rules and Chapter 801, Occupations Code. Cease and desist procedures do not differ substantially from procedures for complaints against licensees, thus separate rules governing those procedures are unnecessary. Fiscal Note John Helenberg, Executive Director, has determined that for each year of the first five years that the proposed repeal is in effect, there are no anticipated increases in costs to the state and local governments as a result of the proposed repeal. The agency anticipates a reduction costs associated with Board member travel. Mr. Helenberg has also determined that for each year of the first five years that the proposed repeal is in effect, there is no anticipated impact in revenue to state government as a result of the proposed repeal. Public Benefit and Cost Note Mr. Helenberg has also determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be that the Board rules do not contain unnecessary, repetitive provisions. There are no anticipated economic costs to persons required to comply with the proposed repeal. Local Employment Impact Statement Mr. Helenberg has determined that the proposed repeal will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to , Government Code. Economic Impact Statement and Regulatory Flexibility Analysis Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to , Government Code. Takings Impact Assessment Mr. Helenberg has determined that there are no private real property interests affected by the proposed repeal. Thus, the board is not required to prepare a takings impact assessment pursuant to , Government Code. Government Growth Impact Statement For the first five years that the repeal of the rule would be in effect, it is estimated that the proposed repeal would not create or eliminate a government program; implementation of the proposed repeal would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed repeal would not require an increase or decrease in future legislative appropriations to the agency; the 43 TexReg 546 February 2, 2018 Texas Register

57 proposed repeal would not require an increase in the fees paid to the agency; the proposed repeal would not create a new regulation; the proposed repeal would not expand, limit, or repeal an existing regulation; the proposed repeal would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed repeal would not positively or adversely affect the state's economy. Request for Public Comments The Texas Board of Veterinary Medical Examiners invites comments on the proposed repeal of the rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste , Austin, Texas , by facsimile (FAX) to (512) , or by to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered. Statutory Authority The repeal is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, (a), which states that the Board may adopt rules necessary to administer the chapter. No other statutes, articles, or codes are affected by the proposal Cease and Desist Procedures. 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 January 22, TRD Michelle Griffin General Counsel Texas Board of Veterinary Medical Examiners Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TITLE 31. NATURAL RESOURCES AND CONSERVATION PART 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD CHAPTER 530. CARRIZO CANE ERADICATION PROGRAM 31 TAC The Texas State Soil and Water Conservation Board (State Board) proposes new , concerning the implementation of a Carrizo Cane Eradication Program (CCEP) along the Rio Grande River between the State of Texas and the United Mexican States because it is essential to attain effective control of the border by the Department of Public Safety of the State of Texas and the U.S. Border Patrol. Furthermore, removing the cane will also provide benefits to the environment and to freshwater resources. The proposed new rules would implement the statutory requirements of Senate Bill 1734, 84th Texas Legislature, Regular Session, 2015, relating to the eradication of Carrizo cane along the Rio Grande River. The proposed new CCEP rules in Title 31 Texas Administrative Code Chapter 530 are organized as follows: (1) Statutory Authority and Policy Statement; (2) Definitions, (3) Administration of Funds; (4) Activities Eligible for Reimbursement; (5) Applicability; (6) Priority Area Establishment, Allocation of Funds, and Contracting Requirements; and (7) Conservation Plans and Follow-Up Treatment. The following is a description of the proposed new rules Statutory Authority and Policy Statement Senate Bill 1734 provides statutory authorization for the State Board to put in place a voluntary program to control Carrizo cane. Arundo donax (Carrizo cane) is an invasive plant species native to east Asia that grows along the banks of the Rio Grande in the Rio Grande Valley. The cane commonly grows from 9 to 27 feet tall and clusters into large groups. Carrizo cane interferes with the United States Border Patrol's (U.S. Border Patrol) ability to clearly see individuals attempting to illegally cross the border, and it restricts agents' access to these areas. This gives illegal border crossers the ability to evade agents and enter the United States undetected. It also creates an obstruction that puts border patrol agents at risk by potentially making them more vulnerable to attack from lawbreakers. Controlling cane is essential if the Department of Public Safety of the State of Texas and the U.S. Border Patrol are to attain effective control of the border. Additionally, a large swath of trash and debris often accumulates in the cane, damaging the environment. The cane uses massive amounts of freshwater resources and serves no useful ecological purpose. Removing the cane will also provide benefits to the environment and to freshwater resources. The State Board has previously managed three grant funded programs to clear Carrizo cane along the Rio Grande River, and a program to clear invasive brush species from more than 20 watersheds within Texas, working with the consent of landowners. As much of the land along the Texas-Mexico border is privately owned, the removal effort must include both private landowners and local government entities in a voluntary manner. In accordance with Section , Agriculture Code, the State Board may adopt rules as necessary for the performance of its official actions, and may hold public hearings at times and places in this state as determined by the board. The State Board is authorized to implement a Carrizo cane eradication program pursuant to Section , Agriculture Code Definitions This section provides definitions of key terms used within Administration of Funds This section provides information on general fiscal provisions, expected sources of funding, and information on the allocation of funds and reimbursement processes. Eligible Soil and Water Conservation Districts (SWCDs) must comply with any applicable provisions within the Manual of Fiscal Operations for Soil and Water Conservation Districts at all times. Non-governmental contracted service providers must comply with all applicable PROPOSED RULES February 2, TexReg 547

58 federal and state laws and judicial mandates, as well as agreements between the State Board and law enforcement entities regarding priority areas. Sources of funding for this program are expected to be provided through general revenue from the Texas Legislature, and periodically from federal sources when available. This section explains that allocations of available funding will be made by the State Board prior to any contracts or activities being initiated. Allocations will be made to border security priority areas based on information acquired by the State Board from the Texas Department of Public Safety and local law enforcement entities. All payments made to landowners, SWCDs, and private vendors shall be through reimbursement upon submittal of reimbursement requests to the State Board and in accordance with all applicable laws, rules, and regulations Activities Eligible for Reimbursement This section provides information on the specific activities eligible for reimbursement through this program, which include: (1) any form of mechanical control; (2) use of biological methods approved by the State Board; and (3) the use of herbicides from land, water, and aerial platforms, in accordance with all required laws, rules and regulations. The State Board is aware that not all methods are appropriate, most effective, nor practical or economically most efficient in all areas; therefore the agency will coordinate with the program's participants on a case-by-case basis to determine the best method for any particular site for program activity. In situations where herbicides are administered, the rule specifies that all use of herbicides will be done in accordance with the specific product's label Applicability This section provides information on the specific geographic areas where the State Board would allow reimbursement regarding this program. When appropriate and beneficial, methods that control other noxious species of brush may be used in conjunction with methods that control Carrizo cane, so long as there is a water conservation and border security benefit. This rule would specify that no landowner is required to participate in this program, and that treatment costs financed through this program would be reimbursed at a 100-percent basis, unless an exception is approved by the State Board for a cost-sharing requirement between the State Board and another party Priority Area Establishment, Allocation of Funds, and Contracting Requirements This section addresses how the State Board would allocate funding to specific border security priority areas. The proposed rule specifies that within a fiscal year, if adjustments are required, the State Board may approve such adjustments or provide the State Board staff the authority to make adjustments when the State Board has adopted such a policy for a specific fiscal year. Additionally, this section would establish that the State Board will consider recommendations from the Texas Department of Public Safety and local law enforcement entities regarding prioritization of activities. This section also addresses the contracting procedures for the CCEP. Finally, this section allows for the State Board to make emergency allocations to redirect funding from one project area to another when notified of changing priorities by the Texas Department of Public Safety or local law enforcement entities within a fiscal year Conservation Plans and Follow-Up Treatment This section would specify that all private lands treated through this program would be required to agree to a conservation plan for mitigating after-effects of treatment to address soil and water conservation issues. Soil erosion, water quality, and water quantity would all be addressed. The State Board is the lead agency in Texas responsible for abating, managing, and preventing nonpoint source pollution from agricultural and silvicultural activities. Each of these conservation plans would be considered confidential in accordance with Section , Agriculture Code. Additionally, this section would provide for follow-up treatment at the discretion of the State Board, the local SWCD, and in coordination with the Texas Department of Public Safety and local law enforcement entities on an as needed basis. FISCAL NOTE. Kenny Zajicek, Fiscal Officer for the State Board, has determined that for the first five-year period the new rules are in effect, there are no anticipated fiscal implications for state and local governments and there are no anticipated costs to entities required to comply with the proposed rules. There is no anticipated effect on local economy for the first five years that the proposed new rules are in effect; therefore, no local employment impact statement is required under Texas Government Code, The proposed new rules do not impose a cost on regulated persons, another state agency, a special district, or local government and, therefore, is not subject to Texas Government Code, PUBLIC BENEFIT/COST NOTE. Mr. Zajicek has determined that for each year of the first five years the new rules are in effect the public benefit anticipated as a result of implementing the new rules would be increased visibility for law enforcement for border security purposes and benefits to the environment and freshwater sources. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEX- IBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSI- NESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact to small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, , is required. GOVERNMENT GROWTH IMPACT: The State Board's staff has determined that the proposed new rule does have a slight government growth impact pursuant to Texas Government Code, However, this is minimal in the form of two additional state employees, provided specifically for this Program, which are financed through existing CCEP appropriations. The proposed rule does not create or eliminate a government program. Implementation of the proposed rule does not require the elimination of existing employee positions. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency. The proposed rule does not require an increase or decrease in fees paid to the agency. The proposed rule does not create a new regulation. The proposed rule does not expand, limit, or repeal an existing regulation. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability as it pertains to a voluntary program, therefore it does not positively or adversely affect this state's economy. REQUEST FOR PUBLIC COMMENT. The State Board requests public comment on these proposed new rules for a period of time beginning February 2, 2018, and ending March 5, 2018, at 5:00 p.m. CST (30 days). Only written comments will be 43 TexReg 548 February 2, 2018 Texas Register

59 accepted. Written comments must be addressed to TSSWCB, ATTN: John Foster, Programs Officer, 1497 Country View Lane, Temple, Texas Written comments may be delivered in person to the same address during the same period of time. In accordance with Section , Agriculture Code, the State Board may adopt rules as necessary for the performance of its official actions, and may hold public hearings at times and places in this state as determined by the board. The State Board is authorized to implement a Carrizo cane eradication program pursuant to the Agriculture Code, Statutory Authority and Policy Statement. Pursuant to Section , Agriculture Code, the Texas State Soil and Water Conservation Board (State Board) shall develop and implement a program to eradicate Carrizo cane along the Rio Grande River, added by Acts 2015, 84th Leg., R.S., Ch. 431 (S.B. 1734), Sec. 1, effective June 10, Within this context, and with the understanding based on legislative committee discussion that the purpose of the Carrizo Cane Eradication Program is to take steps to control this non-native invasive species because it poses an ecological threat and provides cover for individuals seeking to cross the border illegally into the United States, it is the policy of the State Board to administer a voluntary program in cooperation with local soil and water conservation districts (SWCDs) that provides technical and financial assistance to landowners for supporting those purposes. In accordance with this purpose, of this subchapter are adopted Definitions. The following words and terms, when used in this chapter, have the following meanings: (1) Biological control--the use of specialized insects from the native home of Carrizo cane biomass above ground. (2) Border security priority area--a geographic area delineated by the State Board that may receive an allocation of funding under the Carrizo Cane Eradication Program. (3) Carrizo cane--arundo donax, giant cane, is a tall perennial cane, one of several so-called reed species. Its other common names include Carrizo, Arundo, Spanish cane, Colorado river reed, wild cane, and giant reed. (4) Carrizo Cane Eradication Program--The Program codified in Section , Agriculture Code, directing the State Board to develop and implement a program to eradicate Carrizo cane along the Rio Grande River, added by Acts 2015, 84th Leg., R.S., Ch. 431 (S.B. 1734), Sec. 1, effective June 10, (5) Conservation plan--a combination of conservation land improvement measure(s) approved by the State Board and applied to the land to control soil erosion or improve the quality and/or quantity of water. (6) Fiscal year--the 12-month period of time beginning September 1 of a year and ending on August 31 of the following year. (7) Follow-up treatment--the act of repeating a previously used treatment method, or additional approved methods, on the same lands in order maintain or improve Carrizo cane control in a priority area. (8) Herbicides--Chemical substances, also commonly known as weed killers, that are used to control unwanted plants. (9) Label--A label attached to the packaging of an herbicide product that provides instructions for storage and disposal, use of the product, and precautions for the user and the environment. (10) Mechanical control--any method not defined as biological or through the use of herbicides to control Carrizo cane, to include mowing, shredding, hand cutting, or any similar means. (11) Rio Grande River--The river that delineates the international boundary between the United States and the United Mexican States (Mexico) within the jurisdiction of the State of Texas. (12) Soil and water conservation district (SWCD)--A governmental subdivision of this state and a public body corporate and politic, organized pursuant to Chapter 201 of the Agriculture Code. (13) Texas Department of Public Safety--A department of the government of the State of Texas responsible for statewide law enforcement and vehicle regulation. (14) Texas State Soil and Water Conservation Board (State Board)--The state agency organized pursuant to Chapter 201 of the Agriculture Code Administration of Funds. (a) General Fiscal Provisions. Eligible Soil and Water Conservation Districts (SWCDs) must comply with any applicable provisions within the Manual of Fiscal Operations for Soil and Water Conservation Districts at all times. The Manual of Fiscal Operations for Soil and Water Conservation Districts is approved and periodically amended by the State Board and is available on the State Board's website; hard copies of this manual may be requested from the State Board. Non-governmental contracted service providers must comply with all applicable federal and state laws and judicial mandates, as well as agreements between the State Board and law enforcement entities regarding priority areas. (b) Sources of funding. Funding for this program is provided through general revenue from the Texas Legislature and periodically federal sources when available. (c) Allocation and reimbursement. Allocations of available funding will be made by the State Board prior to any contracts or activities being initiated. All payments made to landowners, SWCDs, and private vendors shall be through reimbursement upon submittal of reimbursement requests on State Board-approved forms and in accordance with all applicable laws, rules, and regulations Activities Eligible for Reimbursement. Activities eligible for reimbursement include any form of mechanical control, use of biological methods approved by the State Board, and the use of herbicides from land, water, and aerial platforms, in accordance with all required laws, rules and regulations. All use of herbicides will be done in accordance with the specific product's label Applicability. (a) All activities shall be for the removal of Carrizo cane on lands along the Rio Grande River on the border between the State of Texas and the United Mexican States, including tributaries and canals associated with border security priority areas. When appropriate, methods that control other noxious species of brush may be used in conjunction with methods that control Carrizo cane, so long as there is a water conservation or border security benefit. (b) No landowner is required to participate in this program. (c) Treatment costs financed through this program shall be reimbursed at a 100-percent basis, unless an exception is approved by the State Board for a cost-sharing requirement between the State Board and another party Priority Area Establishment, Allocation of Funds, and Contracting Requirements. PROPOSED RULES February 2, TexReg 549

60 (a) Allocation criteria. All available funding, regardless of whether the funding is through state appropriations or through federal funding acquired through competitive or non-competitive processes, shall be approved by the State Board. Within a fiscal year, if adjustments are required, the State Board will approve such adjustments or provide the State Board staff the authority to make adjustments when the State Board has adopted such a policy for a specific fiscal year. (b) Prioritization of activities. The State Board will consider recommendations from the Texas Department of Public Safety and local law enforcement entities regarding prioritization of activities. The State Board shall approve all allocations of funding to specific geographic areas based on political subdivision boundaries, watershed boundaries, or boundaries as defined by the State Board based on coordination activities with the above referenced law enforcement entities. (c) Contracting. The State Board may enter into contracts directly with landowners, state agencies, federal agencies, SWCDs, other political subdivisions of state government, municipalities, and private vendors to administer the program. The State Board will comply with applicable law, policies, and procedures in the procurement of audit services, the expenditure of funds under a contract, and all the other aspects of forming and administering a contract. (d) Emergency allocations. The State Board may redirect funding from one project area to another when notified of changing priorities by the Texas Department of Public Safety or local law enforcement entities within a fiscal year Conservation Plans and Follow-Up Treatment. All private lands that are treated through this program shall be required to agree to a conservation plan for mitigating after-effects of treatment to address soil and water conservation issues. Each of these conservation plans shall be considered confidential in accordance with Agriculture Code, All participants in this program shall be eligible for follow-up treatment at the discretion of the State Board, the local SWCD, and in coordination with the Texas Department of Public Safety and local law enforcement entities on an as-needed basis. 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 January 22, TRD Mel Davis Special Projects Coordinator Texas State Soil and Water Conservation Board Earliest possible date of adoption: March 4, 2018 For further information, please call: (254) x253 TITLE 37. PUBLIC SAFETY AND CORREC- TIONS PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT CHAPTER 348. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS The Texas Juvenile Justice Department (TJJD) proposes to repeal , , , , , , , , , , , , , , , , , , , , , , and , relating to Juvenile Justice Alternative Education Programs. SECTION-BY-SECTION SUMMARY The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new Sections , , , , and are proposed for repeal to eliminate redundancy. Chapter 341 of this title addresses requirements for the use of restraints in non-residential settings within juvenile justice programs, which would include juvenile justice alternative education programs. These requirements do not need to be repeated in this chapter. The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished as new The repeal of will allow for the content to be revised and republished within new Section is proposed for repeal because TJJD does not provide an annual evaluation of JJAEPs. TJJD's evaluation of JJAEPs is addressed in , which will be renumbered as The repeal of will allow for the content to be revised and republished within new TexReg 550 February 2, 2018 Texas Register

61 The repeal of will allow for the content to be revised and republished within new FISCAL NOTE Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the repeals are in effect, there will be no significant fiscal impact for the state or for local governments as a result of enforcing or administering the repeals, under the assumption the repealed chapter will be readopted in modified form. PUBLIC BENEFIT/COSTS Marie Welsch, PhD, Lead JJAEP Performance Accountability Specialist, has determined that for each year of the first five years the repeals are in effect, the public benefit anticipated as a result of administering the repeals will be allowing for the adoption of a revised chapter. Mike Meyer, Chief Financial Officer, has also determined that, assuming the repealed chapter will be readopted in modified form, there will be no effect on small businesses, micro-businesses, or rural communities and there will be no anticipated economic cost to persons who are required to comply with the repeals as proposed. No private real property rights are affected by the repeal of these sections. GOVERNMENT GROWTH IMPACT TJJD has determined that, during the first five years the repeals are in effect, the repeals will have the following impacts, provided the repealed chapter is readopted in modified form. (1) The proposed repeals do not create or eliminate a government program. (2) The proposed repeals do not require the creation of new employee positions or the elimination of existing positions at TJJD. (3) Implementation of the proposed repeals does not require an increase or decrease in future legislative appropriations to TJJD. (4) The proposed repeals do not require an increase or decrease in fees paid to TJJD. (5) The proposed repeals do not create a new regulation. (6) The proposed repeals do not expand or limit an existing regulation. The proposed repeals will permanently repeal several existing regulations. Specifically, , , , , and will be repealed and will not be readopted in modified form. However, as mentioned earlier in this notice, these sections are proposed for repeal to eliminate redundancy with Chapter 341, not to eliminate the requirements of the rules. Additionally, will be permanently repealed. The requirements contained in this section, relating to TJJD's obligation to complete an annual evaluation of JJAEPs, will not be readopted. (7) The proposed repeals do not increase or decrease the number of individuals subject to the rules' applicability. (8) The proposed repeals are not anticipated to positively or negatively affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted within 30 days after publication of this notice to Steve Roman, Policy Coordinator, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or to policy.proposals@tjjd.texas.gov. SUBCHAPTER A. PROGRAM OPERATIONS 37 TAC , , , , , , , , , , , , , , , , , , STATUTORY AUTHORITY The repeals are proposed under (a)(5), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for juvenile justice alternative education programs created under Section , Education Code. No other statute, code, or article is affected by this proposal Purpose Interpretation and Applicability Definitions Program Administration and Organization Personnel Administration Management Information System Curriculum Program Requirements Student Attendance Accounting Inter-Local Cooperation Physical Plant Security and Control Personal Restraint Definitions Mechanical Restraint Requirements Prohibitions Documentation Serious Incidents Abuse, Exploitation and Neglect Student Code of Conduct Waiver or Variance to Standards. 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 January 18, TRD Jill Mata General Counsel Texas Juvenile Justice Department Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) SUBCHAPTER B. ACCOUNTABILITY 37 TAC , , , STATUTORY AUTHORITY The repeals are proposed under Section (a)(5), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for juvenile justice alternative education programs created under Section , Education Code. No other statute, code, or article is affected by this proposal Mission of Program. PROPOSED RULES February 2, TexReg 551

62 Annual Performance Evaluation Assessment Reliability and Safeguards Performance Reports. 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 January 18, TRD Jill Mata General Counsel Texas Juvenile Justice Department Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) CHAPTER 348. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS The Texas Juvenile Justice Department (TJJD) proposes new , , , , , , , , , , , , , , , , , , and , relating to Juvenile Justice Alternative Education Programs. SECTION-BY-SECTION SUMMARY New modifies and republishes information currently found in The new section establishes the overall purpose of the chapter. Changes in the new section include only minor, non-substantive wording changes. New modifies and republishes information currently found in The new section provides definitions for terms used in the chapter. Changes in the new section include: (1) adding definitions for Community Activities Officer, JJAEP Administrator, JJAEP Electronic Data Interchange Extract, Juvenile Probation Department, Juvenile Probation Officer, Juvenile Supervision Officer, Sending School District, and TJJD; (2) deleting definitions for Commission and Exit Reason; (3) clarifying that the term Intensive Physical Activity does not include activities required as part of a physical education class; and (4) clarifying that Chapter 37, Education Code, is the sole authorizing source for determining who is eligible to be served by a juvenile justice alternative education program (JJAEP). New modifies and republishes information currently found in The new section establishes which programs are covered by this chapter and general rules for interpreting the chapter. Changes in the new section include: (1) specifying that this chapter applies to all JJAEPs operated under Section , Education Code, regardless of whether the JJAEP receives funds from TJJD for operating the JJAEP; (2) clarifying that the words "including" and "includes" mean that a non-exhaustive list will follow; (3) deleting the paragraph about use of headings; (4) removing redundant information relating to the expectation that a JJAEP must be operated in accordance with its policies and procedures; (5) removing the statement that indicated TJJD may publish a compliance resource manual to establish required guidelines, procedures, and documentation to ensure compliance with this chapter; (6) adding a requirement stating that any JJAEP policies and procedures required by this chapter must be adopted by the juvenile board; (7) adding that any requirement in this chapter to notify a student's parent, guardian, or custodian applies only if the student is under age 18 or if any of several exceptions apply to youth age 18 or older; and (8) adding that any notifications provided to a parent, guardian, or custodian without the written consent of a student who is age 18 or older must also be provided to the student. New modifies and republishes information currently found in The new section addresses applying for a waiver or variance for any standard in this chapter. Changes in the new section include only minor, non-substantive wording changes. New modifies and republishes information currently found in The new section establishes the duties of the JJAEP relating to operational policies, research studies, performance reviews, and staffing. The following paragraphs describe changes in the new section. Changes relating to policies and procedures include: (1) adding a requirement for the JJAEP to submit its policies and procedures to TJJD for review no later than October 1 of each year and also upon request from TJJD; and (2) clarifying that the requirement for policies to be available to all staff applies to all JJAEP policies, not just to personnel-related policies (this provision, relating to policy access, was moved from ). Changes relating to memorandums of understanding include: (1) adding a requirement for the juvenile board to annually enter into an MOU with each participating school district; and (2) adding a requirement to submit the MOU to TJJD annually no later than October 1. Changes relating to truancy and failure to attend include removing the requirement for the JJAEP to have written policies concerning truancy and failure to attend. A new section on reporting absences to the sending school district has been added to Changes relating to research studies include removing specific provisions relating to research programs and adding a requirement for the JJAEP to adhere to 37 TAC as it relates to participation in research studies and experimentation. The provisions relating to research studies and experimentation were moved from Changes relating to performance reviews include: (1) clarifying that the juvenile board and the JJAEP administrator must conduct (rather than participate in) an annual performance review; (2) clarifying that the review must include the number of new arrests or referrals for youth who attended the JJAEP (rather than recidivism rates for students who exit); (3) clarifying that the review must include the number of restraints by type; (4) clarifying that the review must include the number of students eligible for special education services (rather than students with disabilities); (5) adding that the performance review must be documented in a report that includes the data listed in this standard, an analysis of the program's effectiveness, and any changes implemented as a result of the review; and (6) adding that the report must be submitted to TJJD by October 1. Changes relating to management reviews include clarifying that one of the purposes of the JJAEP management review is for the JJAEP administrator to assess certain topics (i.e., safety and security, inter-local cooperation, and student code of conduct) and identify any needed changes. 43 TexReg 552 February 2, 2018 Texas Register

63 Changes relating to the JJAEP administrator include clarifying that the bachelor's degree held by the JJAEP administrator must be from an institution that is accredited by an organization recognized by the Texas Higher Education Coordinating Board. Changes relating to instructional staff include: (1) removing the requirement for instructional staff to hold a bachelor's degree; (2) adding that the only individuals who may count toward the instructional-staff-to-student ratio are teachers (must be certified, be highly qualified, or meet the teaching requirements of the organization providing education services), certified educational aides, and substitute teachers; (3) adding that substitute teachers who are not JJAEP staff members must be provided the JJAEP student code of conduct and policies that directly affect their duties and must sign an acknowledgment of receipt; and (4) removing the preferred ratio for instructional staff. The rule now provides only the required ratio, which is unchanged. Changes relating to caseworkers include: (1) removing the preferred ratios for caseworkers. The rule now provides only the required ratio, which is unchanged; (2) clarifying that the provision allowing any "additional" caseworker to be present for less than a full day applies to only one caseworker (rather than to all caseworkers beyond the first one); and (3) clarifying that a substitute caseworker is required only when a caseworker is absent for more than three consecutive school days. Changes relating to supervision staff include: (1) adding community activities officers and juvenile probation officers to the list of personnel who may be considered supervision staff; (2) removing caseworker aides from the list of personnel who may be considered supervision staff; and (3) adding that community activities officers who have received training in adolescent development and behavior, as well as juvenile probation officers, may participate in the administration of intensive physical activity (this is no longer limited to certified juvenile supervision officers (JSOs)); and (4) removing the provision that allowed optional JSO certification for county-employed staff who primarily supervise students. To correspond with recent changes in 37 TAC Chapter 341, the section now requires all JJAEP staff who may be required to supervise or transport students, whether employed by the county or not, to be certified by TJJD as a community activities officer unless the person holds another TJJD certification or is defined as a professional (e.g., teacher or educational aide). Changes relating to operational staff include removing the preferred ratios. The rule now provides only the required ratio for operational staff, which is unchanged. General changes to include: (1) clarifying that electronic records are acceptable for documenting whether staff members are present or absent; (2) adding a reference to 37 TAC Chapter 355 for the definition of a mental health provider; and (3) moving certain provisions relating to the mission of the JJAEP from to this section. Clarified that the mission statement must be included in the JJAEP's policies and procedures manual and (rather than and/or) in the student code of conduct. New modifies and republishes information currently found in The new section establishes requirements for personnel records, new employee training, and criminal history checks. Changes in the new section include: (1) clarifying that the JJAEP administrator must have access to personnel files (rather than ensure files are maintained) for each person included in a program ratio; (2) removing all documents listed as required items (i.e., criminal history searches, training records, personnel actions, and education transcripts) in the personnel file, with the exception of documentation verifying that any required certifications are current; (3) adding a requirement for the JJAEP administrator to have access to documentation verifying that each person working at the JJAEP who is included in any program ratio has completed all training required by this chapter; (4) clarifying that the orientation training is required for any staff member who is expected to work at the JJAEP for six weeks or longer; (5) adding that documentation of orientation training must include the staff members' signatures on training sign-in sheets; (6) moving the provision relating to policy access to from this section; removing the requirement for the JJAEP to maintain documentation of staff members' acknowledgment that they received the policies; (7) removing all requirements relating to criminal history searches, disqualifying criminal history, and criminal history records retention; and (8) adding that the criminal history and background check requirements and criminal history standards established by 37 TAC Chapter 344 apply to JJAEPs. Additional changes included in include several revisions to the topics that must be covered in orientation training, such as: (1) adding serious incidents to the topic that addresses identification and reporting of child abuse, neglect, and exploitation; (2) adding procedures for reporting suicidal ideation or behavior to the topic that addresses crisis intervention; and (3) removing the topic relating to sexual harassment. New modifies and republishes information currently found in The new section identifies the types of data and source documentation JJAEPs are required to keep. Changes in the new section include: (1) removing the list of data elements the JJAEP must maintain; (2) adding a requirement that the JJAEP must maintain the data specified on the JJAEP Electronic Data Interchange (EDI) Specifications; (3) adding a requirement for TJJD to discuss with juvenile probation departments any proposed changes to the JJAEP EDI Specifications before any substantive changes are made; (4) adding that the required data must be entered into the juvenile probation department's automated case management system unless an alternate data entry system has been approved by TJJD; (5) specifying that the JJAEP EDI Extract must be submitted to TJJD no later than the 10th calendar day of each month following the reporting period; (6) adding a requirement for JJAEPs to submit the JJAEP Monthly Activity Report to TJJD no later than the 10th calendar day of each month via TJJD's Internet database; and (7) clarifying that the documentation required for each student includes the grade level upon entry to the JJAEP. New modifies and republishes information currently found in The new section establishes the courses and areas of study required at JJAEPs. Changes in the new section include: (1) removing the list of recommended courses; and (2) clarifying that the purpose of the accelerated component of the instructional program is to support credit recovery at the high school level and to regain academic and social skills at the elementary and middle school levels. New modifies and republishes information currently found in The new section establishes requirements for programming not directly related to the curriculum. Changes in the new section include: (1) clarifying that the JJAEP collaborates with the sending school district to ensure that appropriate special education services and English as a second language services are provided to eligible students; (2) adding that the JJAEP must maintain the most recent full and complete ARD PROPOSED RULES February 2, TexReg 553

64 meeting paperwork, the manifestation determination ARD meeting paperwork, and the most recent evaluation of special education eligibility; (3) adding that the JJAEP must maintain documentation of language proficiency assessment committee determinations; (4) adding a section requiring the JJAEP to provide appropriate services to students eligible for services under Section 504 of the Rehabilitation Act and to maintain documentation of Section 504 eligibility determinations; (5) moving the section relating to testing safeguards from to this section; (6) adding that the policies relating to testing safeguards must address confidentiality of test results, a prohibition on making copies (rather than just releasing copies) of the test, and a prohibition on unauthorized persons receiving electronic or hard copy test results; and (7) adding a requirement for the JJAEP to adhere to all standardized testing protocols required by the Texas Education Agency. Additional changes included within include: (1) moving the requirement related to administration of the TJJD-selected pre- and post-tests in reading and math from to this section; (2) changing the pre- and post-test requirement such that it will now apply to students who will be enrolled in the JJAEP for at least 75 days (rather than 90 days); (3) specifying that the post-test must be administered no sooner than 60 days after enrollment; (4) removing the requirement for scores on each section of the GED exam to be certified by a GED examiner; (5) adding that if a parent refuses to sign the authorization to consent to medical treatment, the JJAEP must maintain documentation indicating the refusal; (6) adding that the policies addressing extreme weather at JJAEPs with intensive physical activity programs must be written and must address humidity level, along with temperature, in determining when outside activity is not allowed; (7) changing "registered nurse" to "advanced practice nurse" in the list of medical professionals who are authorized to conduct pre-participation physical evaluations; and (8) clarifying that pre-participation exam documentation may indicate that a student has a condition that limits, but does not prohibit, participation in intensive physical activity and that the JJAEP must adhere to any such limitations. New modifies and republishes information currently found in The new section establishes requirements relating to a student's status as present or absent. Changes in the new section include: (1) clarifying that a student's withdrawal date cannot be a date on which the student was present; (2) clarifying that the requirement for a student to be present for at least four hours to qualify as an attendance day applies during the regular school year; (3) clarifying that a student must be placed on inactive status when admitted to juvenile detention but only if the student is not permitted to attend the JJAEP; (4) clarifying that absences due to an illness or other medical reason are to be counted as inactive status if the student is absent for four consecutive school days, although the date the inactive status begins is the first date the student was absent, if supported by verification documentation; (5) adding that documentation verifying an absence due to illness or other medical reasons may be provided by an advanced practice registered nurse (in addition to physicians and physician assistants); (6) clarifying that when a student is absent for at least 10 consecutive school days, the student is placed on inactive status even if the 10 days roll over to the start of the next semester attended by the student; (7) clarifying that if documentation showing the start date of an event that qualifies as inactive status is not provided, inactive status may not begin until the 11th consecutive school day of absence; (8) clarifying that the requirement to withdraw a student after 30 consecutive days on inactive status applies even if the 30 days roll over to the start of the next semester attended by the student; and (9) adding a requirement for the JJAEP to have written policies that specify which staff member is responsible for reporting student absences to the home school, which must occur at least once per week. New modifies and republishes information currently found in The new section describes information-sharing and cooperation with the school district, juvenile probation department, and parent/guardian/custodian. Changes in the new section include: (1) removing the requirement for the JJAEP to notify the parent, guardian, or custodian of a student's enrollment in a JJAEP; (2) clarifying that the requirement to notify the parent, guardian, or custodian of a youth's withdrawal from the JJAEP must be made prior to the withdrawal date unless that date is not known and that the requirement does not apply when the parent, guardian, or custodian withdraws his/her child; (3) clarifying that the exit transition plan must include all information regarding courses in progress or completed, current grades for ongoing courses, and number of attendance days and absent days; (4) removing the requirement for the exit transition plan to include academic and behavioral improvements and "information necessary for the student's continued success;" (5) adding a requirement for the JJAEP to maintain written verification that the exit transition plan was sent to the receiving school district; (6) adding a requirement to provide a copy of the exit transition plan to the student; (7) removing the requirement for the JJAEP to provide the receiving school district with "any other records" upon the student's transition back to that district; and (8) clarifying that the JJAEP must have policies that address the delivery of testing materials to and from the JJAEP only if the statewide assessment is administered on-site. New modifies and republishes information currently found in The new section establishes basic requirements for complying with health and fire codes and providing adequate classroom space and fixtures. Changes in the new section include: (1) clarifying that the JJAEP must conform to all applicable federal, state, and (rather than and/or) local codes; and (2) adding that the JJAEP must maintain documentation of the rated capacity for the entire building, in addition to each classroom; (3) adding that all fixtures, including any emergency lighting, must be in working order; (4) adding that repairs must be made promptly to all furniture, equipment, and fixtures currently in use that are not in safe working order; and (5) adding that the classroom space and common areas must provide sufficient seating and desks or tables. New modifies and republishes information currently found in The new section establishes requirements relating to safety/security, transportation, and emergencies. Changes in the new section include: (1) clarifying that policies must require appropriate auto liability insurance when staff members transport students in personal vehicles only if such transportation is allowed; (2) adding active shooter events to the list of emergency situations that must be addressed in the JJAEP's policies and procedures; (3) clarifying that at least two staff members who are certified in CPR and first aid must be in close proximity to the students at all times when students are present at the JJAEP campus (rather than on duty at all times); (4) adding that the JJAEP's policies must prohibit use of a locked room for disciplinary removals from the classroom; (5) adding that, if pat-down searches are used, they must be conducted by a staff member of the same gender (rather than sex) as the 43 TexReg 554 February 2, 2018 Texas Register

65 student unless an exception is approved and documented by the JJAEP administrator; (6) adding that anal and genital body cavity searches are prohibited; (7) clarifying that disciplinary reports must include the discipline imposed, if any (rather than the outcome); (8) specifying that disciplinary reports must be sent to the JJAEP administrator no later than the next school day (rather than within 24 hours or the next working day); and (9) removing the provisions relating to who may possess weapons within the JJAEP, which is primarily addressed by state law. New establishes that requirements relating to restraints as published in 37 TAC Chapter 341 apply to JJAEPs. New modifies and republishes information currently found in The new section requires JJAEPs to follow other TJJD standards relating to serious incidents. Changes in the new section include clarifying that requirements relating to serious incidents are contained in 37 TAC Chapter 358 only (rather than in Chapters 358 and 350). New modifies and republishes information currently found in The new section requires JJAEPs to follow other TJJD standards relating to abuse, neglect, and exploitation and requires JJAEPs to have a zero-tolerance policy regarding sexual abuse. Changes in the new section include: (1) clarifying that requirements relating to abuse, neglect, and exploitation are contained in 37 TAC Chapter 358 only (rather than in Chapters 358 and 350); and (2) specifying that that the zero-tolerance policies and practices of the JJAEP are concerning sexual abuse, as defined in TAC Chapter 358 (rather than in accordance with the Prison Rape Elimination Act of 2003). New modifies and republishes information currently found in The new section establishes a requirement for adoption and annual review of the student code of conduct and lists the topics that must be addressed. Changes in the new section include: (1) adding that the student code of conduct must be adopted annually by the juvenile board; (2) adding that documentation must be sent to TJJD annually by October 1 verifying that the annual review of the student code of conduct was completed; (3) clarifying that the student code of conduct must be readily accessible to every JJAEP staff member (rather than requiring staff to be provided a copy); (4) specifying that JJAEP staff members' annual acknowledgment of having read and understanding the student code of conduct must occur no later than the first day of each school year; (5) removing the requirement for disciplinary procedures to be carried out promptly; (6) specifying that the student code of conduct must describe prohibited conduct as minor or major violations and must list the corresponding consequences available for each violation; (7) specifying that the description of the disciplinary process must include safeguards designed to promote consistent application of the process; (8) clarifying that disciplinary removals from the classroom must be with staff supervision; (9) clarifying that the student code of conduct must include the due-process procedures used to issue discipline; (10) adding physical exercises imposed for intimidation to the list of prohibited sanctions; (11) adding that physical exercise may not be used for discipline unless the JJAEP operates an intensive physical activity program and adheres to certain stated conditions; and (12) specifying that information relating to the JJAEP's policy on sexual abuse must be included in the student code of conduct. This replaces a requirement to have policies and procedures regarding the Prison Rape Elimination Act. Additional changes included within include adding the following as items that must be stated in the student code of conduct: (1) which issues are grievable and not grievable; (2) the method(s) by which students may obtain and submit a grievance without the assistance or permission of staff; (3) retaliation by staff is prohibited; (4) the student will receive a written response within five school days; (5) the parent, guardian, or custodian will be provided a copy of a grievance and the response upon request; (6) the deadline for a student to submit an appeal, which must be no earlier than five school days after receiving the initial response; and (7) the student will receive a response within 10 school days after submitting an appeal. New modifies and republishes information currently found in The new section requires TJJD to complete an assessment of JJAEP performance. Changes in the new section include: (1) clarifying that the performance assessment report is not limited to covering only mandatory JJAEPs (i.e., those who are required by law to operate); (2) adding that the performance assessment report addresses the factors identified in the most recent General Appropriations Act; (3) removing the specific list of factors to be addressed in the report; (4) adding that TJJD provides a copy of the report to each JJAEP administrator and each chief administrative officer; (5) specifying that the administrator of a mandatory JJAEP must provide a copy of the report to the superintendent of each participating school district (rather than choosing between the superintendent and the school board chairman); and (6) removing the requirement for the administrator at a mandatory JJAEP to provide a copy of the report to the regional education service center representing the area served by the JJAEP. New establishes basic requirements for TJJD to provide funding to JJAEPs. FISCAL NOTE Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the new sections are in effect, there will be no significant fiscal impact for the state or for local governments as a result of enforcing or administering the sections. PUBLIC BENEFIT/COSTS Marie Welsch, PhD, Lead JJAEP Performance Accountability Specialist, has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of administering the sections will be the promotion of successful youth outcomes and the availability of clarified and up-to-date rules. Mr. Meyer has also determined that there will be no effect on small businesses, micro-businesses, or rural communities and there will be no anticipated economic cost to persons who are required to comply with the sections as proposed. No private real property rights are affected by adoption of these sections. GOVERNMENT GROWTH IMPACT TJJD has determined that, during the first five years the proposed rules are in effect, the rules will have the following impacts. (1) The proposed rules do not create or eliminate a government program. (2) The proposed rules do not require the creation or elimination of employee positions at TJJD. (3) The proposed rules to do not require an increase or decrease in future legislative appropriations to TJJD. (4) The proposed rules do not require an increase or decrease in fees paid to TJJD. PROPOSED RULES February 2, TexReg 555

66 (5) The proposed rules do not create new regulations. (6) The proposed rules do not repeal an existing regulation. The proposed rules do contain changes that affect the actions required for compliance with the rules. Some changes within the proposed rules will add responsibilities; some will limit or remove responsibilities. All such changes are itemized earlier in this notice in the section-by-section summary. (7) Although these rules may appear to increase the number of individuals required to obtain a certification with TJJD, they do not. Individuals who supervise or transport juveniles in a non-secure setting within a juvenile justice program, which includes a JJAEP, are required to obtain a certification under recently adopted changes to 37 TAC Chapters 341 and 344. The changes in this chapter are designed to ensure consistency with those requirements. The requirement to obtain this certification is based on TJJD's statutory obligation to adopt educational, training, and certification standards for court-supervised community-based program personnel. Section (a)(3), Human Resources Code. Additionally, the change that would make this chapter applicable to a JJAEP that does not receive JJAEP-specific funds from TJJD does not expand the applicability to any new JJAEPs currently in operation. As far as TJJD is aware, all JJAEPs in Texas are receiving JJAEP-specific funds from TJJD. The statutory responsibility of TJJD is to establish minimum standards for all JJAEPs in Texas. Section (a)(5), Education Code. (8) The proposed rules are not anticipated to positively or adversely affect this state's economy. PUBLIC COMMENTS Comments on the proposal may be submitted within 30 days after publication of this notice to Steve Roman, Policy Coordinator, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas or to policy.proposals@tjjd.texas.gov. SUBCHAPTER A. PURPOSE, DEFINITIONS, AND APPLICABILITY 37 TAC , , , STATUTORY AUTHORITY The new sections are proposed under Section (a)(5), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for juvenile justice alternative education programs created under Section , Education Code. No other statute, code, or article is affected by this proposal Purpose. This chapter establishes minimum operational, programmatic, and educational standards for juvenile justice alternative education programs in Texas Definitions. When used in this chapter, the following words and terms have the following meanings unless the context clearly indicates otherwise. (1) Absent Days--The actual number of instructional days a student enrolled in the JJAEP is not in attendance for a minimum of four hours. (2) Attendance Days--The actual number of instructional days a student enrolled in the JJAEP is in attendance for a minimum of four hours. (3) Community Activities Officer--Has the meaning assigned by of this title. (4) Inactive Status--Attendance status assigned to a student in which the student remains enrolled but is not counted as absent or present. (5) Intensive Physical Activity--Rigorous physical activity that involves rhythmic, repetitive physical movement that uses large muscle groups and results in an increase in heart rate and respiration. This term does not include activities required as part of a physical education class. (6) JJAEP Administrator--A juvenile probation department employee designated by the chief administrative officer or governing board of a juvenile probation department as the person responsible for the overall management of the JJAEP. (7) JJAEP Electronic Data Interchange (EDI) Extract--An automated process to extract and submit modified case records from the juvenile probation department's case management system to TJJD. (8) JJAEP Staff Member--Any full-time, part-time, temporary, or seasonal employee or volunteer performing JJAEP-related duties. (9) Juvenile Justice Alternative Education Program (JJAEP)--An educational program operated by the juvenile board designated to serve students pursuant to Chapter 37, Education Code. (10) Juvenile Probation Department (Department)--Has the meaning assigned by of this title. (11) Juvenile Probation Officer--Has the meaning assigned by of this title. (12) Juvenile Supervision Officer--Has the meaning assigned by of this title. (13) Sending School District--The school district that sends the notice of expulsion and/or documentation needed for a student to enroll in a JJAEP. (14) TJJD--Texas Juvenile Justice Department Interpretation and Applicability. (a) Use of the Words "Including" and "Includes." When used in this chapter, the words "including" and "includes" are to be understood as introducing a non-exhaustive list, unless the context clearly indicates otherwise. (b) Applicability. This chapter applies to JJAEPs operated under Section , Education Code. (c) Records Retention. For purposes of this chapter, any standard that requires documentation to be maintained but does not specify the length of the retention period means at least two years past the end of the school year in which the student exited the JJAEP unless the local records retention schedule specifies a longer retention period. (d) Policies and Procedures. Any policy or procedure required by this chapter must be established by the juvenile board that is responsible for the operation of the JJAEP. (e) Parent Notifications. (1) Any requirement in this chapter for the JJAEP to provide a notice to a student's parent, guardian, or custodian applies only if: (A) (B) the student is under 18 years of age; or the student is 18 years of age or older and: 43 TexReg 556 February 2, 2018 Texas Register

67 (i) has provided written consent; (ii) the student has a disability and has authorized the parent, guardian, custodian, or other designated individual to receive the notification under a supported decision-making agreement, as referenced in Chapter 1357, Estates Code; (iii) the student is a dependent student as defined in Section 152 of the Internal Revenue Code and the notice relates to education services; or (iv) the notification is one that the parent would have received under the Individuals with Disabilities Education Act before the student reached 18 years of age. (2) Any notifications provided under paragraph (1)(B) of this subsection to a parent, guardian, or custodian without the written consent of a student who is at least 18 years of age must also be provided to the student Waivers and Variances. Unless expressly prohibited by another TJJD standard, an application for a waiver or variance of any standard in this chapter may be submitted in accordance with of this title. 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 January 18, TRD Jill Mata General Counsel Texas Juvenile Justice Department Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) SUBCHAPTER B. PROGRAM OPERATIONS 37 TAC , , , , , , , , , , , , STATUTORY AUTHORITY The new sections are proposed under Section (a)(5), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for juvenile justice alternative education programs created under Section , Education Code. No other statute, code, or article is affected by this proposal Program Administration and Organization. (a) Mission of the JJAEP. (1) Academically, the mission of the JJAEP shall be to enable students to perform at grade level. (2) The mission statement must be located in the JJAEP's policies and procedures manual and in the student code of conduct. (b) Policies and Procedures. (1) The JJAEP must: (A) have written policies and procedures that govern all aspects of the operation of the program, including personnel, administration, programming, training, and any other program requirement included in this chapter; (B) be operated according to the written policies and procedures; and (C) submit the written policies and procedures to TJJD for review and comment at the following times: (i) no later than October 1 of each year; and (ii) upon request from TJJD. (2) The written policies and procedures must be readily accessible to every JJAEP staff member. (c) Memorandum of Understanding. (1) The juvenile board must annually enter into a memorandum of understanding with each participating school district. The memorandum of understanding must address the items listed in Section (k), Education Code. (2) The memorandum of understanding must be submitted to TJJD annually no later than October 1. (d) Research Studies and Experimentation. The JJAEP must adhere to requirements established by of this title regarding research studies and experimentation involving students in JJAEPs. (e) JJAEP Performance Review. The juvenile board and the JJAEP administrator must conduct an annual performance review of the JJAEP between the conclusion of the school year and the beginning of the next school year to determine the effectiveness of the program. (1) The information reviewed must include: (A) the number of student entries and exits; (B) the reason for student entries and exits; (C) student academic performance; (D) attendance rates; (E) assessment scores for mathematics and reading; (F) the number of new arrests or referrals for students who attended the JJAEP; (G) the number of restraints by type (i.e., mechanical or personal); and (H) the number of students eligible for special education services. (2) A written report must be completed that includes the data listed in paragraph (1) of this subsection, an analysis of the JJAEP's effectiveness, and any changes to be implemented as a result of the review. (3) The report must be submitted to TJJD no later than October 1. (f) JJAEP Management Review. The JJAEP administrator must conduct an annual review of the overall operations of the JJAEP before the beginning of each school year. (1) The review must include an assessment of the following topics and identify any needed changes: (A) safety and security; (B) inter-local cooperation; and (C) the student code of conduct. PROPOSED RULES February 2, TexReg 557

68 (2) Existing policies and procedures must be reviewed and assessed to determine their continued relevance to the mission of the JJAEP. (3) Documentation of the review must be maintained. (g) Required Staff Members. (1) JJAEP Administrator. The juvenile board or chief juvenile probation officer must designate a JJAEP administrator. The JJAEP administrator must: (A) hold a bachelor's degree from a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board; (B) possess juvenile justice experience and/or education experience; (C) ensure compliance with all applicable laws and rules related to JJAEPs; and (D) ensure compliance with provisions of all contracts with TJJD related to JJAEPs. (2) Instructional Staff Members. (A) The JJAEP must maintain a ratio of at least one instructional staff member for every 24 enrolled students. Instructional staff members include only: (i) teachers who are certified, are highly qualified, and/or meet the teaching requirements of the organization providing education services at the JJAEP; (ii) (iii) certified educational aides; and substitute teachers. (B) The instructional staff members for the JJAEP must include at least one teacher certified by the State Board for Education Certification (SBEC). (C) The JJAEP must provide at least the minimum number of special education teachers required by federal law. (D) A special education teacher must be certified as a special education teacher by SBEC or be eligible to work as a special education teacher prior to obtaining certification, as allowed by SBEC. (E) Upon entry into the JJAEP, substitute teachers who are not JJAEP staff members must be provided the JJAEP student code of conduct and JJAEP policies and procedures that directly affect their duties and sign an acknowledgment of receipt. (3) Caseworkers. (A) A caseworker must be a social worker, juvenile probation officer assigned to the JJAEP, counselor, or other mental health provider, as defined in Chapter 355 of this title. (B) Caseworkers must meet the minimum professional requirements and be licensed or certified by the appropriate licensing board in their field. (C) The JJAEP must maintain a ratio of at least one caseworker for every 50 enrolled students. (i) At a JJAEP with 50 or fewer enrolled students, the caseworker must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. (ii) At a JJAEP with enrolled students, one caseworker must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. The second caseworker must be present for at least four of the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of this subparagraph. (iii) At a JJAEP with enrolled students, two caseworkers must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. The third caseworker must be present for at least four of the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of this subparagraph. (iv) At a JJAEP with enrolled students, three caseworkers must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. The fourth caseworker must be present for at least four of the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of this subparagraph. (v) At a JJAEP with more than 200 enrolled students, the number of caseworkers required to be present during all operational hours of the JJAEP follows the same pattern set forth in clauses (i) - (iv) of this subparagraph. (vi) A substitute caseworker is not required when a caseworker is absent for three or fewer consecutive school days. A substitute caseworker is required if an absence is more than three consecutive school days. (vii) A caseworker who must leave the JJAEP site to complete a JJAEP-related duty is considered present for purposes of calculating the ratio. (4) Supervision Staff Members. (A) The JJAEP must ensure an adequate number of supervision staff members are present during all operational hours. (B) Supervision staff members include drill instructors, educational aides, security personnel, juvenile supervision officers, juvenile probation officers, community activities officers, and behavior management staff. (C) Any staff member, excluding a certified physical education teacher, who participates in the administration of intensive physical activity must be a: (i) juvenile supervision officer; (ii) juvenile probation officer; or (iii) community activities officer who has received training in adolescent development and behavior, as required by of this title. (D) Except for professionals as defined in of this title who are providing services in their professional capacity, any staff member whose position may require supervising or transporting JJAEP students must be: (i) certified by TJJD as a juvenile probation officer, juvenile supervision officer, or community activities officer; or (ii) otherwise authorized to perform the duties of a certified juvenile probation officer, community activities officer, or juvenile supervision officer under , , , , or of this title, as applicable. (5) Operational Staff Members. (A) Operational staff members include instructional staff members, supervision staff members, caseworkers, and JJAEP administrators. 43 TexReg 558 February 2, 2018 Texas Register

69 (B) The JJAEP must maintain a ratio of at least one operational staff member for every twelve enrolled students. (h) Verification Documentation. (1) The JJAEP must maintain a daily staff member roster, staff sign-in sheet, or other verification document that identifies each of the operational staff members who are present in the JJAEP each day. (2) The staff member roster, sign-in sheet, or other verification document must include the date, the time of entry and exit, the staff member's full name, and the staff member's position or title. Electronic records are acceptable for documenting whether staff members are present or absent Personnel Administration. (a) Personnel Records. The JJAEP administrator must have access to a personnel file for each employee or person working at the JJAEP who is included in any program ratio. The file must include verification that any required certifications are current. (b) Training Records. For each employee or person working at the JJAEP who is included in any program ratio, the JJAEP program administrator must have access to documentation verifying that the individual has completed all training required by this chapter. (c) New Employee Orientation. All staff members expected to work at the JJAEP for six weeks or longer must receive an orientation training prior to having direct, unsupervised access to students. (1) Orientation training must occur within the first two weeks of the staff member's employment. (2) Documentation of completion of orientation training and agendas must be maintained, including staff signatures on training sign-in sheets. (3) Orientation must include training on: (A) safety and security procedures, including emergency exit drills and the JJAEP's disaster safety plan; (B) identification and reporting of serious incidents and child abuse, neglect, and exploitation as required by Chapter 358 of this title; (C) writing incident reports; (D) student code of conduct; (E) behavior management program; (F) transporting students; (G) crisis intervention, including how to report suicidal ideation or behavior; (H) distribution of medication; (I) restraint policy; (J) student grievance procedures; and (K) job descriptions, including duties and responsibilities of the assigned position. (d) Criminal History and Background Checks. The criminal history and background check requirements and criminal history standards established by Chapter 344, Subchapters C and D, of this title apply to a JJAEP Data Collection and Case File Information. (a) Data Collection and Reporting. (1) JJAEP EDI Extract. (A) Unless an alternate data entry system has been approved by TJJD, the JJAEP administrator or designee must ensure that: (i) statistical and programmatic data for each student, as required by the JJAEP Electronic Data Interchange (EDI) Specifications, are accurately documented and entered into the juvenile probation department's automated case management system; and (ii) the JJAEP EDI Extract is submitted to TJJD no later than the 10th calendar day of each month following the reporting period. (B) TJJD staff must discuss any proposed changes to the JJAEP EDI Specifications with juvenile probation departments' designated representatives before making substantive changes to the specifications. (2) JJAEP Monthly Activity Report. The JJAEP administrator or designee must ensure the JJAEP Monthly Activity Report is submitted in the required format to TJJD no later than the 10th calendar day of each month following the reporting period via TJJD's Internet database. (b) Student Educational Records. The following information must be documented and maintained in the case file for each student in the program: (1) grade level upon entry to the JJAEP; (2) notice of expulsion; (3) court order(s) placing student into the JJAEP; (4) police offense report, if applicable; (5) entry and exit transition plans; (6) education records, to include: (A) (B) special education determination; appropriate special education records; (C) scores on assessments required by the Texas Education Agency; and (D) home-language survey; (7) admission and exit testing data, if applicable; (8) pre-participation physical evaluation, if required under of this title; (9) documentation of regular reviews of academic progress as required by Section (d), Education Code; (10) date of admission; (11) number of attendance days; (12) number of absent days; (13) date of release; (14) emergency notification contacts; (15) special medical needs, if any; (16) immunization records; and (17) medical release form Curriculum. (a) Required Courses and Additional Areas of Study. (1) At a minimum, the JJAEP must provide the following courses at the JJAEP: (A) English language arts; PROPOSED RULES February 2, TexReg 559

70 (B) mathematics; (C) social studies; and (D) science. (2) The JJAEP must provide the following additional areas of study: (A) high school equivalency program; and (B) self-discipline, which may be integrated into the program and may include topics such as drug awareness, anger management, impulse control, and cognitive skills. (b) Curriculum Development. (1) A teacher certified by the State Board for Educator Certification must oversee the development and implementation of the educational curriculum. (2) The JJAEP administrator must ensure that course instruction is consistent with the essential knowledge and skills of each subject of the foundation curriculum as defined by the rules of the State Board of Education. (3) The high school equivalency program curriculum must address the elements required to pass the topics tested: English, mathematics, science, and social studies. High school equivalency program components may be integrated into the regular educational curriculum. (4) The JJAEP must offer an accelerated component for each required area of instruction to support credit recovery at the high school level and to regain academic and social skills at the elementary and middle school levels Program Requirements. (a) Special Education. (1) The JJAEP, in collaboration with the sending school district, must ensure that a student with a disability who receives special education services is provided educational services that will support the student in meeting the goals identified in the individualized education program established by a duly constituted admission, review, and dismissal (ARD) committee, in accordance with Section , Education Code, and federal requirements. (2) The following ARD committee documentation must be maintained for each special education eligible student: the most recent full and complete ARD meeting paperwork; (A) (B) the manifestation determination ARD meeting paperwork; and (C) the most recent evaluation of eligibility for special education services. (b) English as a Second Language (ESL). (1) The JJAEP, in collaboration with the sending school district, must ensure that a student who is non-english speaking or who speaks English as a second language is provided ESL services and instruction appropriate to address his or her needs, as determined by a language proficiency assessment committee (LPAC). (2) Documentation of LPAC determinations must be maintained. (c) Section-504-Eligible Students. (1) The JJAEP must ensure, in collaboration with the sending school district, that a student who is eligible for services under Section 504 of the Rehabilitation Act of 1973 is provided services and instruction appropriate to address his or her needs, as determined by a Section 504 committee. (2) Documentation of Section 504 eligibility determinations must be maintained. (d) Standardized Testing Protocols. (1) JJAEP policies and procedures must describe the safeguards the JJAEP will use to maintain the integrity of the standardized testing process and confidentiality of test results. (2) JJAEP policies and procedures must include the following requirements: (A) tests must be maintained in a secure setting (e.g., a locked file cabinet) so that staff and students do not have access to the test except while the test is being administered; (B) staff are prohibited from making copies of the test; (C) staff are prohibited from teaching the specific questions on the test; and (D) unauthorized persons are prohibited from receiving test results, whether hard copy or electronic. (3) For statewide standardized tests, the JJAEP must adhere to all testing protocols required by the Texas Education Agency. (4) The JJAEP must administer the standardized test selected by TJJD to measure progress in reading and mathematics for students who will be enrolled in the JJAEP for at least 75 school days. (A) The pre-test must be administered within 15 days after the student's enrollment. (B) The post-test must be administered no sooner than 60 days after the student's enrollment. (e) Counseling. Counseling services (individual or group) must be available to all students in attendance at the JJAEP. (f) Meals. (1) Written policies and procedures must require that each student in attendance at the JJAEP is provided a lunch meal on each school day. (2) A student may not be denied a lunch meal as a disciplinary measure. (g) Medical. (1) Authorization to Consent to Treatment. The JJAEP must have on file for each student: (A) an authorization to consent to medical treatment in accordance with Section , Family Code, signed by the student's parent, guardian, or custodian; or (B) documentation indicating the parent, guardian, or custodian has refused to sign. (2) Medication Administration. The JJAEP must have written policies and procedures governing the administration of medication to students. The policies and procedures must: (A) specify which personnel are authorized to dispense medication to students; (B) identify requirements for the storage, use, and distribution of all medication provided to students; (C) require the student's parent, guardian, or custodian to provide a written request for the administration of the medication; 43 TexReg 560 February 2, 2018 Texas Register

71 (D) specify that the JJAEP will not accept medication unless it is in the original, properly labeled container; and (E) require that distribution of all medication be documented, including the date/time administered, name of the person who administered, student's name, type of medication, and dosage. (h) Programs that Include Intensive Physical Activity. (1) Weather-Related Policies. A JJAEP that has an intensive physical activity component must develop written policies and procedures regarding extreme weather conditions. These policies and procedures must address the following: (A) gradual acclimatization to hot weather; (B) student clothing for various weather conditions; (C) specific criteria for temperature and humidity level and other weather conditions that indicate when outside activity is not allowed; and (D) the provision of a water break to students at least once every 30 minutes during the intensive physical activity period. (2) Pre-Participation Physical Evaluation. (A) A student may not participate in intensive physical activity unless the student has received a pre-participation physical evaluation performed by a Texas-licensed: (i) physician; (ii) physician assistant; (iii) advanced practice nurse; or (iv) doctor of chiropractic. (B) The pre-participation physical evaluation must have been completed within one calendar year prior to the student's participation in intensive physical activity. (C) The pre-participation physical evaluation must indicate whether or not the student has any temporary or permanent physical limitations or conditions that would limit or prohibit participation in intensive physical activity. (D) The JJAEP must adhere to the limitations or prohibitions noted in the pre-participation physical evaluation report Student Attendance Accounting. (a) Administrator's Responsibility. The JJAEP administrator must ensure that attendance records for all students enrolled in the JJAEP are accurately documented, maintained, and reported to TJJD. (b) Aggregate Attendance Accounting. (1) The expulsion category of each student enrolled must be recorded on the student attendance records. (2) A specific character on the student attendance record must be used to identify a student's status as present, absent, or inactive. (c) Student Entry and Exit Accounting. (1) The student's recorded entry date is the first day the student is physically present at the JJAEP. (2) A student's recorded withdrawal date is the first school day on which the student is no longer enrolled in the program. The withdrawal date cannot be a date on which the student was present. (3) The JJAEP must maintain daily student sign-in sheets that contain each student's printed name and signature. (4) The time of entry or exit must be noted on the student sign-in or sign-out sheet for a student who arrives late or leaves early on any school day. (5) During the regular school year, a student must be present for at least four hours of the school day for it to qualify as an attendance day. (d) Inactive Status. (1) A student must be placed on inactive status if he or she: (A) is in juvenile detention and is not permitted to attend the JJAEP; (B) is in jail; (C) is a documented runaway; (D) is absent for a minimum of four consecutive school days due to an illness or other medical reason documented by a licensed physician, physician assistant, or advanced practice registered nurse; or (E) is absent for a minimum of 10 consecutive school days, which may roll over to the start of the next semester attended by the student. (2) Inactive status begins on the date the event resulting in placement on inactive status begins, as noted on the verification documentation. The documentation must be maintained in the student's file. If verification documentation is not provided, inactive status may not begin until the 11th consecutive school day of absence. (3) A student who is maintained on inactive status for 30 consecutive school days must be withdrawn on the 31st day of inactive status. A student may not be maintained on inactive status for more than 30 consecutive school days, which may roll over to the start of the next semester attended by the student. (e) Reporting Absences. The JJAEP must have written policies and procedures that specify which staff member is responsible for reporting absences to the sending school district, which must occur at least once per week Inter-local Cooperation. (a) Parent, Guardian, or Custodian. (1) Progress reports must be given to the student and the student's parent, guardian, or custodian a minimum of once every 120 school days. (2) Except in cases where a parent, guardian, or custodian withdraws a student, the JJAEP must notify the student's parent, guardian, or custodian in writing of the student's withdrawal from the JJAEP prior to the withdrawal date unless the date is not known prior to the withdrawal. The JJAEP must maintain this documentation. (b) School District. (1) Student Entry and Exit Transition Plans. (A) For each student, the JJAEP must coordinate with the sending school district to develop a written transition plan for entrance into the JJAEP. (B) For each student, the JJAEP must develop a written exit transition plan, provide the plan to the receiving school district, and maintain written verification that the plan was sent. The exit transition plan must include all information regarding courses in progress or completed, current grades for courses in progress, and number of attendance days and absent days. (C) The JJAEP must provide the student and the parent, guardian, or custodian with a copy of the exit transition plan. PROPOSED RULES February 2, TexReg 561

72 (2) Student Assessment. All students enrolled in the JJAEP must take the statewide assessment as required under Section , Education Code. The JJAEP must have policies and procedures addressing: (A) the delivery of testing materials to and from the JJAEP if the assessment is administered on-site; and (B) the administration of the statewide assessment to the students. (c) Juvenile Probation Departments. (1) The JJAEP and the local juvenile probation department must jointly coordinate the provision of needed social services for the students enrolled in the JJAEP. (2) Local juvenile probation departments must provide to the JJAEP information regarding the probation status of each student and the name of the student's juvenile probation officer. (3) The JJAEP must provide the local juvenile probation department with monthly attendance records of juvenile probationers enrolled in the JJAEP Physical Plant. (a) The JJAEP must conform to all applicable federal, state, and local ordinances and codes. Each JJAEP must have on file the most recent inspections (i.e., health and fire) conducted by the local governmental authority having jurisdiction. (b) The number of occupants in the JJAEP may not exceed the rated capacity as determined by the local fire marshal. The JJAEP must maintain documentation from the appropriate fire authority for the rated capacity of each classroom and for the entire building. (c) The classroom space and common areas must be adequate to meet the programmatic requirements for each student enrolled and in attendance in the JJAEP, including sufficient seating and desks or tables. (d) All fixtures, including any emergency lighting, must be in working order. (e) Repairs must be made promptly to all furniture, equipment, and fixtures currently in use that are not in safe working order Safety, Security, and Emergency Response. (a) Security Plan. The JJAEP must have a written plan that addresses security: (1) within the JJAEP building(s); (2) on the JJAEP campus; (3) at JJAEP-sponsored events that take place off campus property; and (4) during transportation of JJAEP students; if applicable. (b) Transportation. The JJAEP must have written policies and procedures that govern the use of motor vehicles to transport students enrolled in the JJAEP. The policies and procedures must address the following: (1) authorized methods of transportation; (2) security and supervision requirements; (3) authorized transport personnel; (4) procedures for responding to emergencies while transporting students; (5) a requirement to possess appropriate auto liability insurance when transporting students in personal vehicles, if allowed; and (6) circumstances under which a student is allowed to drive a personal vehicle to the JJAEP campus. (c) Emergency Situations. The JJAEP must have written policies and procedures regarding emergency situations. The policies and procedures must address the following: (4) procedures for specific emergency situations, including: (1) emergency evacuation plans; (2) assignment of staff responsibilities; (3) notification of emergency services; and (A) (B) (C) (D) (E) fire; bomb threat; hazardous weather conditions; active shooter event; and riot. (d) Medical Emergencies. The JJAEP must have written policies and procedures addressing medical emergencies. The policies and procedures must address the following: (1) obtaining medical assistance; (2) when emergency medical services must be called; (3) notification to appropriate staff and to the parent, guardian, or custodian of the student involved; and (4) documentation of the incident. (e) Cardiopulmonary Resuscitation (CPR) and First Aid. Each JJAEP must have at least two staff members certified in CPR and first aid on duty and in close proximity to the students at all times when students are present at the JJAEP campus. Proof of current certification must be maintained in personnel or training files. Documentation must reflect the day certification expires. (f) Emergency Exit Drills. The JJAEP must conduct at least two emergency exit drills during the school year unless local fire codes or ordinances require these drills more frequently. At least one drill must be conducted during the first half of the school year (August- December) and at least one drill must be conducted during the second half of the school year (January-June). (1) Written documentation (e.g., fire drill log) of the emergency exit drills must be maintained. Documentation must include the date, time, and staff involved in the emergency drill. (2) The JJAEP must post emergency exit routes in all classrooms and common areas. (g) JJAEP Closure. The JJAEP must have written policies and procedures addressing the cancellation of classes due to an emergency situation. The policies and procedures must: (1) address the cancellation of classes due to inclement weather and/or emergency situations; (2) identify the individual responsible for making the decision to cancel classes; and (3) specify the method(s) by which the closure is to be communicated to the students and their parents, guardians, or custodians. 43 TexReg 562 February 2, 2018 Texas Register

73 (h) Supervision upon Removal from a Classroom. (1) The JJAEP must have written policies and procedures that ensure students removed from the classroom for disciplinary reasons and placed in isolation, administrative segregation, time-out, in-school suspension, or any other location are under continuous visual supervision by a JJAEP staff member. (2) Policies and procedures must prohibit: (A) use of a locked room for disciplinary removals; and (B) the use of electronic monitoring equipment as a substitute for continuous visual supervision. (i) Searches. (1) All students entering the JJAEP must be subjected to a pat-down search or a metal detector screening on a daily basis. (2) Searches must be conducted in accordance with written policies and procedures. The policies must: how pat-down searches will be conducted, if applicable; and (A) (i) address: when a search is appropriate and/or required; (ii) who is authorized to conduct the search; (iii) what types of searches are permissible; (iv) (v) what to do when contraband is found; (B) if pat-down searches are used, require that the staff member conducting a pat-down search is the same gender as the student unless an exception is approved and documented by the JJAEP administrator; and (C) prohibit strip searches and anal and genital body cavity searches. (j) Disciplinary Reports. (1) Written policies and procedures must require JJAEP staff to prepare a written disciplinary report for each incident occurring in the JJAEP that constitutes a major violation of the student code of conduct or of JJAEP rules. The policies must require that the written disciplinary report include: (A) details of the incident; (B) violation(s) that occurred; (C) action(s) taken by the staff member(s); (D) date and time of the incident; and (E) discipline imposed, if any. (2) The disciplinary report must be sent to the JJAEP administrator no later than the next school day. Documentation that shows the date and time the disciplinary report was sent to the JJAEP administrator must be maintained Restraint Requirements. (a) The JJAEP must adhere to the restraint requirements set forth in Chapter 341, Subchapter G, of this title, except as noted in subsection (b) of this section. (b) Personal restraints may be used by any JJAEP staff member trained in the approved personal restraint technique in accordance with training requirements set forth in Chapter 341, Subchapter G, of this title Serious Incidents. The JJAEP must adhere to the requirements related to serious incidents set forth in Chapter 358 of this title Abuse, Neglect, and Exploitation. (a) The JJAEP must adhere to the requirements related to abuse, neglect, and exploitation set forth in Chapter 358 of this title. (b) The JJAEP must have zero-tolerance policies and practices regarding sexual abuse, as defined in Chapter 358 of this title, that provide for administrative and/or criminal disciplinary sanctions Student Code of Conduct. (a) Adoption. (1) The JJAEP student code of conduct must be adopted annually by the juvenile board and must describe and define in writing the JJAEP's behavior management system. (2) The JJAEP administrator must: (A) conduct an annual review of the student code of conduct after the conclusion of each school year and before the beginning of the next school year; and (B) no later than October 1 of each year, submit to TJJD documentation verifying the review was completed. (b) Notice to Students, Parents, and Staff. (1) The JJAEP student code of conduct must be provided to each student and to the student's parent, guardian, or custodian upon the student's entry into the JJAEP. (2) The student code of conduct must be reviewed with each student and the student's parent, guardian, or custodian and must be translated if necessary to ensure understanding of the content by all parties. (3) Acknowledgment of receipt of the student code of conduct signed by the student and by his/her parent, guardian, or custodian must be maintained in each student's file. (4) No later than the first day of each school year, each JJAEP staff member must sign an acknowledgement that he/she has read and understands the student code of conduct. This acknowledgement must be maintained in the staff's personnel file. (5) The student code of conduct must be readily accessible to every JJAEP staff member. (c) Discipline and Sanctions. The student code of conduct must include the following: (1) prohibited conduct described as minor violations and major violations and the corresponding disciplinary consequences available for each violation; (2) a description of the disciplinary process, including safeguards designed to promote consistent application of the process; (3) circumstances that will allow a student's removal from the classroom with staff supervision; (4) circumstances under which a student may be placed into another educational setting; (6) a prohibition on one student sanctioning another student. (d) (5) due-process procedures; and Prohibited Sanctions. PROPOSED RULES February 2, TexReg 563

74 (1) The following sanctions are prohibited in the JJAEP, and their prohibition must be noted in the student code of conduct: (A) corporal punishment, physical abuse, humiliating punishment, and hazing; (B) physical exercises imposed for discipline or intimidation, except as allowed under paragraph (2) of this subsection; program; (C) deprivation of food and water; and (D) expulsion from the JJAEP. (2) Physical exercise may be used for discipline only if: (A) the JJAEP operates an intensive physical activity (B) the JJAEP has established written policies and procedures that include limitations on the types of physical activity that may be used for discipline; and (C) the physical exercise does not cause bodily duress (i.e., physical punishment to the body). (e) Dress Code. The student code of conduct may establish a dress code or require uniforms for students in attendance. state: (f) Grievance Procedures. The student code of conduct must (1) which issues are grievable and not grievable; (2) the process by which a student may submit a grievance; (3) the method(s) by which students may obtain and submit a grievance without the assistance or permission of staff; (4) that retaliation by staff against a student for submitting a grievance is prohibited; (5) that the student will receive a written response within five school days after submitting the grievance; (6) that, upon request, a student's parent, guardian, or custodian will be provided a copy of a grievance submitted by the student, including the response; (7) the deadline for submitting an appeal of the initial response, which must be no earlier than five school days after the student receives the initial response; and (8) that the student will receive a written response within 10 school days after submitting an appeal. (g) Sexual Abuse. The student code of conduct must include information relating to the JJAEP's zero-tolerance policy for sexual abuse. The information provided must address the following: (1) prevention and intervention; (2) methods of minimizing the risk of sexual abuse; (3) reporting sexual abuse and assault; and (4) treatment and counseling. 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 January 18, TRD Jill Mata General Counsel Texas Juvenile Justice Department Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) SUBCHAPTER C. ACCOUNTABILITY 37 TAC STATUTORY AUTHORITY The new section is proposed under Section (a)(5), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for juvenile justice alternative education programs created under Section , Education Code. No other statute, code, or article is affected by this proposal TJJD Performance Reports. (a) TJJD completes a JJAEP performance assessment report as required by the General Appropriations Act (GAA). The report addresses factors identified by the GAA. TJJD provides each JJAEP administrator and each chief administrative officer with a copy of the report. (b) At mandatory JJAEPs (i.e., JJAEPs whose operation is required by law), the JJAEP administrator must provide a copy of the report to the juvenile board and to the superintendent of each school district that participates in the JJAEP. 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 January 18, TRD Jill Mata General Counsel Texas Juvenile Justice Department Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) SUBCHAPTER D. FUNDING 37 TAC STATUTORY AUTHORITY The new section is proposed under Section (a)(5), Human Resources Code, which requires TJJD to adopt reasonable rules that provide minimum standards for juvenile justice alternative education programs created under Section , Education Code. The new section is also proposed under Section (h), Education Code, which requires TJJD to adopt rules for the distribution of funds appropriated under this section to juvenile boards in counties required to establish JJAEPs. No other statute, code, or article is affected by this proposal Funding for JJAEPs. (a) Funding for JJAEPs is provided in accordance with requirements in the General Appropriations Act. 43 TexReg 564 February 2, 2018 Texas Register

75 (b) TJJD will not release funds to a JJAEP until it has received the following: (1) memorandum of understanding with completed signature page(s), as required by of this title; (2) student code of conduct for the current school year; (3) school calendar; and (4) application for a waiver of the required 180 days of operation, if applicable. 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 January 18, TRD Jill Mata General Counsel Texas Juvenile Justice Department Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TITLE 40. SOCIAL SERVICES AND ASSIS- TANCE PART 20. TEXAS WORKFORCE COMMISSION CHAPTER 837. APPRENTICESHIP TRAINING PROGRAM The Texas Workforce Commission (TWC) proposes amendments to the following sections of Chapter 837, relating to the Apprenticeship Training Program: Subchapter A. General Purpose and Definitions, Subchapter B. Funding, , , , , and Subchapter C. Compliance Monitoring, PART I. PURPOSE, BACKGROUND, AND AUTHORITY The purpose of the proposed Chapter 837 rule changes is to align Chapter 837 of TWC's rules with the amendments to Chapter 133 of the Texas Education Code (Chapter 133) enacted by House Bill (HB) 2790, 85th Texas Legislature, Regular Session (2017), relating to funding for certain apprenticeship training programs. HB 2790 expanded the list of eligible applicants to include sponsors that apply through an apprenticeship committee. Before the enactment of HB 2790, grant funds were appropriated to local education agencies, which acted as fiscal agents for registered apprenticeship training programs. With the passage of HB 2790, a registered apprenticeship training program's apprenticeship committee may now apply for Chapter 133 funding directly, without partnering with a public school district or a state postsecondary institution. The changes made to Chapter 133 by HB 2790 directly impact funding distributed pursuant to TWC's Apprenticeship Training Program rules. HB 2790 took effect September 1, The next funding cycle for Chapter 133 begins in June TWC intends to adopt the rule revisions necessitated by HB 2790 amendments to Chapter 133 for the next funding cycle. PART II. EXPLANATION OF INDIVIDUAL PROVISIONS (Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.) SUBCHAPTER A. GENERAL PURPOSE AND DEFINITIONS TWC proposes the following amendments to Subchapter A: Definitions Section 837.2(3) is amended to clarify that each registered apprenticeship program operates independently, under its own registration number issued by the US Department of Labor's (DOL) Office of Apprenticeship. Section 837.2(4) is amended to clarify that apprenticeship training programs may prepare individuals for occupations other than skilled trades and crafts. Section 837.2(6) is amended to replace the term "local education agencies" with the term "grant recipients." New 837.2(7) adds a definition for "grant recipient" to include the apprenticeship committee and local education agency as eligible applicants. Additionally, the definition explains that grant recipients will be required to comply with TWC monitoring activities as set forth in Chapter 802, Subchapter D, Agency Monitoring Activities. New 837.2(8) retains the definition for "local education agency" and is renumbered accordingly. SUBCHAPTER B. FUNDING TWC proposes the following amendments to Subchapter B: Eligible Applicants Section (a) and (b) are amended to replace "local education agencies" with "grant recipients." Section (b)(2), no longer applicable, is removed. Section (b)(3) is renumbered as new (b)(2) and amended to remove "apprenticeship committee" and change "program(s)" to "program." New (c) adds the provision that local education agencies that fund job-related classroom instruction for a registered apprenticeship training program shall contract with the local, independently operated apprenticeship committee. New (d) adds "apprenticeship committees that fund job-related classroom instruction for a registered apprenticeship training program shall contract directly with the Agency." Local Workforce Development Board Review Section is amended to replace "local education agency" with "grant recipient." Funding Qualifications for Apprenticeship Training Programs Section is amended and is now divided into four new subsections. New (a) sets forth the types of apprenticeship training programs that may qualify for funding by adding new paragraph PROPOSED RULES February 2, TexReg 565

76 (1), "conducted by an independently operated apprenticeship committee; or." HB 2790 sets forth that a registered apprenticeship training program's apprenticeship committee may be an eligible recipient for Chapter 133 funding without partnering with a public school district or a state postsecondary institution. Additionally, paragraph (2) retains language from the existing rule regarding apprenticeship training programs sponsored by a local education agency. Existing paragraph (2) is amended to add "The apprenticeship training program must," and relettered as new (b). New (c) adds "Each apprenticeship training program must," and renumbers existing paragraph (3) as new (c)(1). Additionally, new (c)(2) adds the requirement that apprenticeship training programs must "adhere to apprenticeship committee procedures for maintaining individual program standards as approved by DOL's Office of Apprenticeship." Existing paragraph (4) is amended to add "A funded apprenticeship training program must" and is relettered as new (d) Funding Distribution Process Sections (a), (b), and (c) are amended to replace "local education agencies" with "grant recipients." Administrative Costs Limitation Section is amended to replace "local education agencies" with "grant recipients". SUBCHAPTER C. COMPLIANCE MONITORING TWC proposes the following amendments to Subchapter C: Funds Management and Accountability Section is amended to replace "local education agencies" with "grant recipients." PART III. IMPACT STATEMENTS Randy Townsend, Chief Financial Officer, has determined that for each year of the first five years the rules will be in effect, the following statements will apply: There are no additional estimated costs to the state and to local governments expected because of enforcing or administering the rules. There are no estimated cost reductions to the state and to local governments because of enforcing or administering the rules. There are no estimated losses or increases in revenue to the state or to local governments because of enforcing or administering the rules. There are no foreseeable implications relating to costs or revenue of the state or local governments because of enforcing or administering the rules. There are no anticipated economic costs to persons required to comply with the rules. There is no anticipated adverse economic impact on small businesses, microbusinesses, or rural communities as a result of enforcing or administering the rules. Based on the analyses required by Texas Government Code , TWC has determined that the requirement to repeal or amend a rule, as required by Texas Government Code , does not apply to this rulemaking. Additionally, Texas Education Code requires TWC's three-member Commission to adopt rules necessary to implement the provisions in Chapter 133 of the Texas Education Code regarding the apprenticeship training program. Therefore, the exception identified in (c)(9) also applies. Government Growth Impact Statements TWC has determined that during the first five years the amendments will be in effect: the proposed amendments will not create or eliminate a government program; implementation of the proposed amendments will not require the creation or elimination of employee positions; implementation of the proposed amendments will not require an increase or decrease in future legislative appropriations to the Agency; the proposed amendments will not require an increase or decrease in fees paid to the Agency; the proposed amendments will not create a new rule; the proposed amendments will not expand, limit, or repeal an existing rule; the proposed amendments will not change the number of individuals subject to the rule; and the proposed amendments will not positively or adversely affect the state's economy. TWC has insufficient information to determine the proposed amendments' effects on the state's economy. Economic Impact Statement and Regulatory Flexibility Analysis TWC has determined that the proposed rules will not have an adverse economic impact on small businesses or rural communities, as these proposed rules place no requirements on small businesses or rural communities, including child care providers. Doyle Fuchs, Director of Labor Market and Career Information, has determined that there is no significant negative impact upon employment conditions in the state because of the rules. Courtney Arbour, Director, Workforce Development Division, has determined that for each year of the first five years the rules are in effect, the public benefit anticipated because of enforcing the proposed rules will be to allow a registered apprenticeship training program's apprenticeship committee to apply for Chapter 133 funding directly which may result in additional apprenticeship training programs funded by TWC, and ultimately more apprentices trained. PART IV. COORDINATION ACTIVITIES In the development of these rules for publication and public comment, TWC sought the involvement of Texas' 28 Boards. TWC provided the concept paper regarding these rule amendments to the Boards for consideration and review on October 31, TWC also conducted a conference call with Board executive directors and Board staff on November 10, 2017, to discuss the concept paper. During the rulemaking process, TWC considered all information gathered to develop rules that provide clear and concise direction to all parties involved. Comments on the proposed rules may be submitted to TWC Policy Comments, Workforce Policy and Service Delivery, Attn: Workforce Editing, 101 East 15th Street, Room 440T, Austin, Texas 78778; faxed to (512) ; or ed to TWCPolicyComments@twc.state.tx.us. Comments must be received or 43 TexReg 566 February 2, 2018 Texas Register

77 postmarked no later than 30 days from the date this proposal is published in the Texas Register. SUBCHAPTER A. GENERAL PURPOSE AND DEFINITIONS 40 TAC The amendments are proposed under Texas Education Code , which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary to implement Chapter 133 of the Texas Education Code The proposed rules affect Texas Education Code, Chapter Definitions. In addition to the definitions contained in of this title, and the definitions contained in Texas Education Code, and 29 C.F.R relating to apprenticeship training, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrator's Guide--The Administrator's Guide supplements this chapter by providing all required operational details and procedures for planning and submitting an application for apprenticeship training program funding, as well as the annual timeline for submission. The Administrator's Guide may be accessed on the Agency's website [site] at (2) Apprentice--A full-time paid worker, at least 16 years of age except where a higher minimum age standard is otherwise fixed by law, who is employed in the private sector, registered with the US Department of Labor (DOL) [Labor's] Office of Apprenticeship, and receives related instruction training to learn a skill in a certified apprenticeable occupation. (3) Apprenticeship committee--an autonomous local group consisting of members appointed by one or more employers of apprentices, or by one or more bargaining agents representing members of an apprenticeable trade, or by a combination of the two. An apprenticeship committee, approved by the DOL Office of Apprenticeship, operates independently as a [is] designated sponsor for an [each] apprenticeship training program to establish instruction standards and goals for a particular craft or crafts, interview and select applicants, and monitor the program and apprentices as described in Texas Education Code (4) Apprenticeship training program--a training program that provides on-the-job training, preparatory instruction, supplementary instruction, or related instruction in a trade that has been certified as an apprenticeable occupation by the DOL [US Department of Labor,] Office of Apprenticeship. As required by Texas Education Code (c), an apprenticeship training program shall be under the direction of an apprenticeship committee. The program is a structured system of training designed to prepare individuals for occupations, including but not limited to those in skilled trades and crafts, by combining training under the supervision of an experienced journey worker [journeyworker] with job-related classroom instruction. (5) Office of Apprenticeship--The DOL [US Department of Labor,] Office of Apprenticeship. (6) Contact-hour rate--a method used to distribute apprenticeship training funds to grant recipients [local education agencies]. The total available funds are divided by the statewide total number of contact hours of apprenticeship training instruction classes submitted to the Agency. (7) Grant recipient--a recipient of the state-funded Apprenticeship Training Program that is an apprenticeship committee or a local education agency. Grant recipients must cooperate and comply with Agency monitoring activities as required by Chapter 802, Subchapter D, of this title (relating to Agency Monitoring Activities). (8) [(7)] Local education agency--for purposes of Chapter 837, a public school district or state postsecondary institution, under Texas Education Code, Chapter 133, that serves as a sponsor for an apprenticeship training program pursuant to a contract between the local education agency and an apprenticeship committee. 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 January 22, TRD Jason Vaden Director, Workforce Program Policy Texas Workforce Commission Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) SUBCHAPTER B. FUNDING 40 TAC , , The amendments are proposed under Texas Education Code , which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary to implement Chapter 133 of the Texas Education Code The proposed rules affect Texas Education Code, Chapter Eligible Applicants. (a) Grant recipients [Local education agencies] are the entities eligible to apply to the Agency for apprenticeship training funding. (b) Approved grant recipients [local education agencies] shall: (1) be the fiscal agents for the funds and are subject to the audit procedures set forth in Texas Education Code ; [(2) contract with the local apprenticeship committee to fund job-related classroom instruction for a registered apprenticeship training program; and] (2) [(3)] apply for funds for each apprenticeship committee and its apprenticeship training program [program(s)], specifically for related classroom training, supplementary instruction, or preparatory instruction from only one of the following entities: (A) the Commission; or (B) the Texas Higher Education Coordinating Board. (c) Local education agencies that fund job-related classroom instruction for a registered apprenticeship training program shall contract with the local, independently operated apprenticeship committee. (d) Apprenticeship committees that fund job-related classroom instruction for a registered apprenticeship training program shall contract directly with the Agency Local Workforce Development Board Review. The grant recipient [local education agency] shall provide one copy of the application for apprenticeship training program funding to the Local Workforce Development Board (Board) for review and comment PROPOSED RULES February 2, TexReg 567

78 and one copy to the Agency. Boards may submit comments to the Agency and the grant recipient [local education agency] concurrently Funding Qualifications for Apprenticeship Training Programs. (a) To qualify for funding, each apprenticeship training program shall be: (1) conducted by an independently operated apprenticeship committee; or (2) [(1)[be]] sponsored by a local education agency pursuant to a contract between the local education agency and an apprenticeship committee.[;] (b) [(2)] The apprenticeship training program must be certified and registered by the US Department of Labor (DOL) Office of Apprenticeship prior to the applicable fiscal year.[;] (c) Each apprenticeship training program shall: (1) [(3)] provide the local education agency with a validated copy of its written, national standards as approved by the DOL Office of Apprenticeship (or where national standards do not exist, individual program standards approved by the DOL Office of Apprenticeship); or [and] (2) adhere to apprenticeship committee procedures for maintaining individual program standards as approved by the DOL Office of Apprenticeship. (d) [(4)] A funded apprenticeship training program must comply with Commission rules and Texas Education Code, Chapter Funding Distribution Process. (a) Funds are distributed to the eligible grant recipients [local education agencies] by the Commission in a two-step process consisting of planning estimates and final distributions. Details of the annual distribution process, including the timeline, are set forth in the Administrator's Guide located on the Agency's website [Web site] at (b) Planning Estimates. (1) Each grant recipient [local education agency] shall report to the Agency the number of approved class hours, estimated number of registered apprentices, and estimated number of contact hours of job-related instruction classes for the prospective fiscal year. The estimated contact hours are determined by the number of registered apprentices anticipated to enroll in a class, multiplied by the number of approved hours that the class will be conducted during the year. (2) The estimated number of contact hours must be submitted by the grant recipient [local education agency] and received by the Agency on or before the respective due dates as annually prescribed by the Agency. (3) The Agency, after determining the preliminary contacthour rate, shall notify each grant recipient [local education agency] of its planning estimates for the prospective fiscal year. (c) Final Distributions. (1) Each grant recipient [local education agency] shall report to the Agency the number of approved class hours, number of registered apprentices, and number of contact hours of job-related instruction classes for the fiscal year. (2) The approved number of contact hours must be submitted by the grant recipient [local education agency] and received by the Agency on or before the respective due dates as annually prescribed by the Agency. (3) The Agency, after determining the final contact-hour rate, shall notify each grant recipient [local education agency] of its final distribution based on the final contact-hour rate Administrative Costs Limitation. Costs that are allowable, necessary, and reasonably incurred by a grant recipient [local education agency] to properly administer and manage the funds, such as salaries for grant recipient [local education agency] supervisors and administrative supplies, are considered administrative costs. Administrative costs may not exceed 15 percent of the total contract. 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 January 22, TRD Jason Vaden Director, Workforce Program Policy Texas Workforce Commission Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) SUBCHAPTER C. COMPLIANCE MONITORING 40 TAC The rules are proposed under Texas Education Code , which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary to implement Chapter 133 of the Texas Education Code The proposed rules affect Texas Education Code, Chapter Funds Management and Accountability. Grant recipients [Local education agencies] shall comply with the applicable rules in Chapter 802 of this title, relating to [regarding] the Integrity of the Texas Workforce System, specifically: (1) Subchapter D, relating to Agency Monitoring Activities; (2) Subchapter F, relating to Performance and Accountability; (3) Subchapter G, relating to Corrective Actions; and (4) Subchapter H, relating to Remedies. 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 January 22, TRD Jason Vaden Director, Workforce Program Policy Texas Workforce Commission Earliest possible date of adoption: March 4, 2018 For further information, please call: (512) TexReg 568 February 2, 2018 Texas Register

79 TITLE 22. EXAMINING BOARDS PART 5. STATE BOARD OF DENTAL EXAMINERS CHAPTER 110. SEDATION AND ANESTHESIA 22 TAC The State Board of Dental Examiners withdraws the proposed new , which appeared in the October 13, 2017, issue of the Texas Register (42 TexReg 5630). Filed with the Office of the Secretary of State on January 17, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: January 17, 2018 For further information, please call: (512) WITHDRAWN RULES February 2, TexReg 569

80

81 TITLE 1. ADMINISTRATION PART 10. DEPARTMENT OF INFORMATION RESOURCES CHAPTER 203. MANAGEMENT OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS SUBCHAPTER B. STATE AGENCY USE OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS 1 TAC The Texas Department of Information Resources (Department) hereby adopts the repeal of 1 TAC Chapter 203, , concerning Signature Dynamics. The repeal is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4720) and will not be republished. The proposed repeal was submitted to the Information Technology Council for Higher Education (ITCHE) and external state agency stakeholders for review and comment prior to bringing the proposed repeal to the Board. DIR did not receive any comments on the proposed repeal within the comment period. The repeal is adopted under (a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054; (a) and (b), Texas Government Code, which references rules created by the department regarding digital signatures; and et seq., Texas Business and Commerce Code, which allows the department to specify the management of electronic records. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 22, TRD Martin Zelinsky General Counsel Department of Information Resources Effective date: February 11, 2018 Proposal publication date: September 15, 2017 For further information, please call: (512) SUBCHAPTER C. INSTITUTIONS OF HIGHER EDUCATION USE OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS 1 TAC The Texas Department of Information Resources (Department) hereby adopts the repeal of 1 TAC Chapter 203, , concerning Signature Dynamics. The repeal is adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4720) and will not be republished. The proposed repeal was submitted to the Information Technology Council for Higher Education (ITCHE) and external state agency stakeholders for review and comment prior to bringing the proposed repeal to the Board. DIR did not receive any comments on the proposed repeal within the comment period. The repeal is adopted under (a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054; (a) and (b), Texas Government Code, which references rules created by the department regarding digital signatures; and et seq., Texas Business and Commerce Code, which allows the department to specify the management of electronic records. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 22, TRD Martin Zelinsky General Counsel Department of Information Resources Effective date: February 11, 2018 Proposal publication date: September 15, 2017 For further information, please call: (512) TITLE 4. AGRICULTURE PART 1. TEXAS DEPARTMENT OF AGRICULTURE ADOPTED RULES February 2, TexReg 571

82 CHAPTER 27. TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION SUBCHAPTER C. REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY 4 TAC The Texas Department of Agriculture (Department) adopts amendments to Title 4, Part 1, Chapter 27, Subchapter C, , relating to requirements for program participation, without changes to the proposal published in the December 15, 2017, issue of the Texas Register (42 TexReg 7009). The amendments are adopted to correct acreage reporting requirements to align them with assessment notice and due dates. No comments were received on the proposal. The amended rules are adopted under Chapter 80 of the Texas Agriculture Code, which authorizes the Department to adopt rules as necessary for the Texas Citrus Pest and Disease Management Corporation to plan, carry out, and operate suppression programs to manage and control pests and diseases in citrus plants in the state under the supervision of the Department as provided by Chapter 80. The code affected by the adoption is Texas Agriculture Code, Chapter 80. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Jessica Escobar Assistant General Counsel Texas Department of Agriculture Effective date: February 6, 2018 Proposal publication date: December 15, 2017 For further information, please call: (512) TITLE 22. EXAMINING BOARDS PART 5. STATE BOARD OF DENTAL EXAMINERS CHAPTER 100. GENERAL PROVISIONS 22 TAC The State Board of Dental Examiners (Board) adopts an amendment to rule 100.3, concerning the Board's Organization and Structure, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5625). The rule establishes the membership of the Board in accordance with the changes implemented by SB313. No comments were received regarding adoption of the amendment. 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: February 7, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) TAC The State Board of Dental Examiners (Board) adopts an amendment to rule 100.9, concerning the Board's Advisory Committees and Workgroups, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5626). The rule establishes the Board's Anesthesia Advisory Committee in accordance with the changes implemented by SB313. No comments were received regarding adoption of the amendment. 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: February 7, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) TAC The State Board of Dental Examiners (Board) adopts an amendment to rule , concerning the Board's Advisory Committee on Dental Anesthesia, without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5600). The rule establishes the membership of the Advisory Committee in accordance with SB313, specifically the requirement that Advisory Committee member terms be staggered. 43 TexReg 572 February 2, 2018 Texas Register

83 No comments were received regarding adoption of the amendment. 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: February 7, 2018 Proposal publication date: November 3, 2017 For further information, please call: (512) CHAPTER 104. CONTINUING EDUCATION 22 TAC The State Board of Dental Examiners (Board) adopts an amendment to rule 104.1, concerning continuing education requirements, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5627). The rule allows CRDTS examiners to use time spent calibrating exam grading towards their CE requirement. Previously, the rule only allowed the same of WREB examiners. No comments were received regarding adoption of the amendment. 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: February 7, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) CHAPTER 107. DENTAL BOARD PROCEDURES SUBCHAPTER B. COMPLAINTS AND INVESTIGATIONS 22 TAC The State Board of Dental Examiners (Board) adopts an amendment to rule , concerning the Board's Investigation of a Complaint, without changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5628). The rule clarifies the language staff uses in referring to certain complaints and investigations. No comments were received regarding adoption of the amendment. 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: February 7, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) CHAPTER 110. SEDATION AND ANESTHESIA 22 TAC The State Board of Dental Examiners (Board) adopts an amendment to rule 110.7, concerning Portability, with changes to the proposed text as published in the October 13, 2017, issue of the Texas Register (42 TexReg 5629). The rule eliminates the need for a portability permit and requires portable dentists to attest to practicing portable anesthesia on their applications, in accordance with SB313. The proposed rule included a requirement that a portable dentist list which offices they would be administering anesthesia services at. The Board received dozens of comments in opposition to that provision and over 25 requests for a public hearing. Rather than hold a public hearing on the matter, the Board has dropped that requirement. The Board is adopting the rule as modified, without resubmission, because the final rule does not materially alter the issues raised in the proposed rule. The proposed rule fairly apprised affected parties of the pertinent issues and allowed them to comment and participate in the rulemaking process in a meaningful and informed manner. The Board received no objections about the provisions in this adoption - all objections were related to the requirement that has been removed. The rule being adopted mirrors the requirements of Texas Dental Practice Act , which was added by SB313. This amendment is adopted under Texas Occupations Code (a), which gives the Board authority to adopt rules ADOPTED RULES February 2, TexReg 573

84 necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety Portability. (a) A dentist who applies for the issuance or renewal of a sedation/anesthesia permit must include in the application a statement indicating whether the dentist provides or will provide a permitted sedation/anesthesia service in more than one location. (b) A dentist providing sedation/anesthesia services in more than one location remains responsible for providing these services in strict compliance with all applicable laws and rules. The dentist shall ascertain that the location is supplied, equipped, staffed, and maintained in a condition to support provision of sedation/anesthesia services that meet the standard of care. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Kelly Parker Executive Director State Board of Dental Examiners Effective date: February 7, 2018 Proposal publication date: October 13, 2017 For further information, please call: (512) PART 9. TEXAS MEDICAL BOARD CHAPTER 160. MEDICAL PHYSICISTS 22 TAC The Texas Medical Board ("Board") adopts amendments to , concerning Temporary Licensure without changes to the proposed text as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6111) and will not be republished. The Board received extensive input from the Medical Physicist Licensure Advisory Committee, which met on September 15, The comments and input from the Medical Physicist Licensure Advisory Committee were incorporated into the proposed rules as published in the November 3, 2017, issue of the Texas Register (42 TexReg 6111). The Board did not seek stakeholder input outside of the Medical Physicist Licensure Advisory Committee. The amendment to amends the rule by eliminating the term "training license" and substituting the term "temporary license" to be consistent with language in the Medical Physicist Act. The amendment increases the number of additional temporary licenses which an applicant may be granted, from four to 12, with the proviso that after the seventh renewal the Board shall perform an evaluation to determine if an applicant is making progress in a medical physicist training program. The amendment also eliminates the term "renewal," because that term was inaccurate as temporary licenses are not renewed, but rather each temporary license requires a new application. The amendment further adds language authorizing the executive director, at the executive director's discretion, to approve a supervisor of temporary licensees to supervise more than two temporary licensees. Finally, the amendment adds language allowing a supervisor at a CAMPEP approved medical physics training program to supervise more than two temporary licensees without requesting executive director approval. The Board received five written comments on the proposed changes to from 4 individuals and the American Association of Physicists in Medicine (AAPM) and its Southwest Regional Chapter (SWAAPM), but no one appeared to testify at the public hearing held on December 8, Comment No. 1: Commenter states that the language in (c) stating that a temporary licensee may apply for up to 12 temporary licenses was confusing in that it was not clear whether this provides for 12 or 13 total temporary licenses and whether such limitation applied to each specialty. This commenter supported increasing the number of temporary licensee that may be supervised by a supervisor from two, but stated that there should be a limit placed on the number of supervisees at CAMPEP approved programs. Board Response: The Board clarifies that the changes, as proposed, allows for a licensee to potentially hold a total of 13 temporary licenses, since the language of subsection (d) applies to "the holder of a temporary license," who must have applied for and received at least one license. The Board disagrees with this commenter's remaining suggested changes, as the Medical Physicist Advisory committee maintains that CAMPEP approved programs do not pose an issue that requires such limitation. Comment No. 2: This commenter argues that the proposed change allowing 13 temporary licenses would be potentially harmful to patients. This commenter also argues that an evaluation point for further temporary licenses should be placed at four years rather than six years. Board Response: The Board disagrees with this commenter. The Board maintains that the increase in the number of temporary licenses renewals from four to 12, provides greater flexibility to medical physicists who wish to be certified in more than one medical physics specialty. Furthermore, the hard cap of four renewals does not offer adequate time for licensed medical physicists wishing to be certified in multiple areas of medical physics. The Board also disagrees with the commenter's argument that the evaluation point should be placed at four rather than six year. Accordingly, the Board declines to make further amendments to the rule as the Board maintains that and the six-year mark for evaluation is a reasonable point in time to evaluate an applicant's progress. Comment No. 3 was from the American Association of Physicists in Medicine (AAPM) and its Southwest Regional Chapter (SWAAPM). The AAPM and SWAAPM comments that the temporary license structure, as proposed, provides too long a period for an unqualified individual to engage in the practice of medical physics without any demonstration of progress toward certification and/or Qualified Medical Physicist status. The AAPM and SWAAPM further express a concern with the ability of residents and other trainees to maintain a license during the period of his or her training program. Finally, the AAPM and SWAAPM suggest separating temporary training licenses into two specific licenses: Training Category licenses and Temporary licenses. AAPM and SWAAPM further suggest that training category licenses should be: limited to individuals enrolled in CAMPEP accredited residency program, be issued for a two to three-year duration, and 43 TexReg 574 February 2, 2018 Texas Register

85 require annual attestation by the licensee and program director confirming enrollment in the training program. In terms of the temporary license status AAPM and SWAAPM offer detailed recommendations including annual attestation of eligibility and progress toward certification. Board Response: The Board disagrees with AAPM and SWAAPM comments and suggested changes. Specifically, the Board maintains that raising the number of temporary licenses to 12 is not intended to allow candidates who are not able to pass the attempt specialty examinations to have multiple attempts, but rather to allow medical physicists to be licensed in more than one medical physics specialty. The additional suggested changes to the rule are not currently authorized by the medical physicist statute. Accordingly, the Board declines to make further changes to the rule. Comment No. 4: This commenter objects to the number of renewals for a temporary license set out in the rule as also stated by other commenters. Board Response: See Board Response to Comment No. 2. Comment No. 5: This commenter also joins other commenters and asserts that a medical physicist should be able to pass the examination on the first try. Board Response: See Board Response to Comment No. 2. The amendment is adopted under the authority of the Texas Occupations Code Annotated, , which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure. The amendment is also adopted under the authority of and of the Texas Occupations Code. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 22, TRD Scott Freshour Interim Executive Director Texas Medical Board Effective date: February 11, 2018 Proposal publication date: November 3, 2017 For further information, please call: (512) TITLE 25. HEALTH SERVICES PART 1. DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 133. HOSPITAL LICENSING The Texas Health and Human Services Commission (HHSC) adopts amendments to , concerning Hospital Functions and Services, and , concerning Spatial Requirements for New Construction. The amendments are adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6299), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, rules in Title 25, Chapter 133 (relating to Hospital Licensing) that incorporated the Texas Food Establishment rules by reference were not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by licensed hospitals. This lack of authority to enforce food safety rule violations by licensed hospitals presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , emergency rules were adopted to update and to include the references to Chapter 228. Temporary emergency rules were adopted on August 24, A 60-day extension period for the emergency rules was filed and is valid through February 19, Therefore, the amendments to and are for the permanent adoption of the rule reference updates. The purpose of the rule amendments is to update references to the current food safety rules in the hospital licensing rules, thereby allowing HHSC to enforce the hospital licensing rules relating to food safety in order to protect the health, safety, and welfare of the public. COMMENTS The 30-day comment period ended on December 11, During this period, HHSC did not receive any comments regarding the proposed rules. SUBCHAPTER C. REQUIREMENTS 25 TAC OPERATIONAL STATUTORY AUTHORITY Texas Health and Safety Code, , requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of licensed hospitals. Texas Government Code, , authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) ADOPTED RULES February 2, TexReg 575

86 SUBCHAPTER I. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS 25 TAC Texas Health and Safety Code, , requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of licensed hospitals. Texas Government Code, , authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) CHAPTER 134. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS The Texas Health and Human Services Commission (HHSC) adopts amendments to , concerning Facility Functions and Services, and , concerning Spatial Requirements for New Construction. The amendments are adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6301), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, rules in Title 25, Chapter 134 (relating to Private Psychiatric Hospitals and Crisis Stabilization Units) that incorporated the Texas Food Establishment rules by reference were not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by private psychiatric hospitals. This lack of authority to enforce food safety rule violations by private psychiatric hospitals presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , emergency rules were adopted to update and to include the rules references to Chapter 228. Temporary emergency rules were adopted on August 24, A 60-day extension period for the emergency rules was filed and is valid through February 19, Therefore, the amendments to and are for the permanent adoption of the rule reference updates. The purpose of the rule amendments is to update references to the current food safety rules in the private psychiatric hospital rules, thereby allowing HHSC to enforce the private psychiatric hospital rules relating to food safety in order to protect the health, safety, and welfare of the public. COMMENTS The 30-day comment period ended on December 11, During this period, HHSC did not receive any comments regarding the proposed rules. SUBCHAPTER C. REQUIREMENTS 25 TAC OPERATIONAL STATUTORY AUTHORITY Texas Health and Safety Code, , requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of private mental hospitals. Texas Government Code, , authorizes 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) SUBCHAPTER G. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS 25 TAC Texas Health and Safety Code, , requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of private mental hospitals. Texas Government Code, , authorizes 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. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD TexReg 576 February 2, 2018 Texas Register

87 Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) CHAPTER 137. BIRTHING CENTERS SUBCHAPTER D. OPERATIONAL AND CLINICAL STANDARDS FOR THE PROVISION AND COORDINATION OF TREATMENT AND SERVICES 25 TAC The Texas Health and Human Services Commission (HHSC) adopts an amendment to , concerning Physical and Environmental Requirements for Centers. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6303), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 137 (relating to Birthing Centers) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by birthing centers. This lack of authority to enforce food safety rule violations by birthing centers presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , an emergency rule was adopted to update to include the reference to Chapter 228. A temporary emergency rule was adopted on August 24, A 60-day extension period for the emergency rule was filed and is valid through February 19, Therefore, the amendment to is for the permanent adoption of the rule reference update. The purpose of the rule amendment is to update the reference to the current food safety rules in the birthing center rule, thereby allowing HHSC to enforce the birthing center rule relating to food safety in order to protect the health, safety, and welfare of the public. COMMENTS The 30-day comment period ended on December 11, During this period, HHSC did not receive any comments regarding the proposed rule. ADDITIONAL INFORMATION For further information, please call: (512) STATUTORY AUTHORITY Texas Health and Safety Code, , requires HHSC to develop, establish, and enforce standards for birthing centers. Texas Government Code, , authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSING SUBCHAPTER D. MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES 25 TAC The Texas Health and Human Services Commission (HHSC) adopts an amendment to , concerning Physical and Environmental Requirements. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6304), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 139 (relating to Abortion Facility Reporting and Licensing) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by abortion facilities. This lack of authority to enforce food safety rule violations by abortion facilities presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , an emergency rule was adopted to update to include the rule reference to Chapter 228. A temporary emergency rule was adopted on August 24, A 60-day extension period for the emergency rule was filed and is valid through February 19, Therefore, the amendment to is for the permanent adoption of the rule reference update. The purpose of the rule amendment is to update references to the current food safety rules in the abortion facility rule, thereby allowing HHSC to enforce the abortion facility rule relating to food safety in order to protect the health, safety, and welfare of the public. COMMENTS The 30-day comment period ended on December 11, During this period, HHSC did not receive any comments regarding the proposed rule. ADOPTED RULES February 2, TexReg 577

88 STATUTORY AUTHORITY Texas Health and Safety Code, , requires HHSC to develop, establish, and enforce standards for abortion facilities. Texas Government Code, , authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) CHAPTER 229. FOOD AND DRUG The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to Chapter 229 Food and Drug, Subchapter K, Texas Food Establishments, , concerning Certification of Food Managers in Areas Under the Department of State Health Services Permitting Jurisdiction; and , concerning Accreditation of Food Handler Education or Training Programs; Subchapter U, Permitting Retail Food Establishments, concerning Definitions; , concerning Permitting Fees and Procedures; and , concerning Minimum Standards for Permitting and Operation; Subchapter Z, Inspection Fees for Retail Food Establishments, , concerning Definitions; , concerning Minimum Standards for Permitting and Operation; and , concerning Refusal of Inspection Request; Administrative Penalties; Subchapter EE, Cottage Food Production Operation, , concerning Cottage Food Production Operations; and Subchapter FF, Farmers' Markets, , concerning Definitions; and , concerning Temperature Requirements. The amendments are adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6306), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, DSHS updated retail food safety rules by repealing 25 TAC and (relating to Texas Food Establishments) and replacing them with Title 25, Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, rules elsewhere in Title 25, Chapter 229 (relating to Food and Drug) that incorporated the Texas Food Establishment rules by reference were not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by food establishments, cottage food production operations, and farmers' markets. This lack of authority to enforce food safety rule violations by food establishments, cottage food production operations, and farmers' markets presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , emergency rules were adopted to update , , , , , , , , and to include the rules references to Chapter 228. Temporary emergency rules were adopted on August 24, A 60-day extension period for the emergency rules was filed and is valid through February 19, Therefore, amendments to , , , , , , , , and are for the permanent adoption of the rule reference updates. The purpose of the rule amendments is to update references to the current food safety rules in food establishments, cottage food production operations, and farmers' markets, thereby allowing DSHS to enforce rules relating to food safety in order to protect the health, safety, and welfare of the public. The new rules in Chapter 228 are based on the current 2013 United States Food and Drug Administration Model Food Code, which allows the Texas food rules to be in conformity with the rest of the country. COMMENTS The 30-day comment period ended on December 11, During this period, DSHS did not receive any comments regarding the proposed rules. SUBCHAPTER K. TEXAS FOOD ESTABLISHMENTS 25 TAC , STATUTORY AUTHORITY The amendments are authorized by Texas Health and Safety Code, , which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, , which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, , which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, , and Texas Health and Safety Code, , which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) TexReg 578 February 2, 2018 Texas Register

89 SUBCHAPTER U. PERMITTING RETAIL FOOD ESTABLISHMENTS 25 TAC The amendments are authorized by Texas Health and Safety Code, , which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, , which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, , which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, , and Texas Health and Safety Code, , which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) SUBCHAPTER Z. INSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS 25 TAC , , The amendments are authorized by Texas Health and Safety Code, , which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, , which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, , which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, , and Texas Health and Safety Code, , which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) SUBCHAPTER EE. COTTAGE FOOD PRODUCTION OPERATION 25 TAC The amendment is authorized by Texas Health and Safety Code, , which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, , which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, , which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, , and Texas Health and Safety Code, , which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) SUBCHAPTER FF. FARMERS' MARKETS 25 TAC , The amendments are authorized by Texas Health and Safety Code, , which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, , which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, , which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, , and Texas Health and Safety Code, , which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter ADOPTED RULES February 2, TexReg 579

90 The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) CHAPTER 265. GENERAL SANITATION SUBCHAPTER B. TEXAS YOUTH CAMPS SAFETY AND HEALTH 25 TAC The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to , concerning Site and Physical Facilities. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6311), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, DSHS updated retail food safety rules by repealing 25 TAC (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 265, Subchapter B (relating to Texas Youth Camps Safety and Health) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by youth camps. This lack of authority to enforce food safety rule violations by youth camps presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , an emergency rule was adopted to update to include the reference to Chapter 228. A temporary emergency rule was adopted on August 24, A 60-day extension period for the emergency rule was filed and is valid through February 19, Therefore, the amendment to is for the permanent adoption of the rule reference update. The purpose of the rule amendment is to update the reference to the current food safety rules in the youth camp rule, thereby allowing DSHS to enforce the youth camp rule relating to food safety in order to protect the health, safety, and welfare of the public, and to refer to a playground safety handbook that contains updated safety standards. COMMENTS The 30-day comment period ended on December 11, During this period, DSHS did not receive any comments regarding the proposed rule. ADDITIONAL INFORMATION For further information, please call: (512) STATUTORY AUTHORITY Texas Health and Safety Code, , requires DSHS to establish health and safety standards for youth camps. Texas Government Code, , and Texas Health and Safety Code, , authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) CHAPTER 295. OCCUPATIONAL HEALTH SUBCHAPTER G. SANITATION AT TEMPORARY PLACES OF EMPLOYMENT 25 TAC The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to , concerning Standards for Food Service. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6312), and therefore will not be republished. BACKGROUND AND JUSTIFICATION In October 2015, DSHS updated retail food safety rules by repealing 25 TAC (relating to Texas Food Establishments) and replacing them with Title 25, Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 295, Subchapter G (relating to Sanitation at Temporary Places of Employment) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by temporary places of employment. This lack of authority to enforce food safety rule violations by temporary places of employment presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, , an emergency rule was adopted to update to include the rules references to Chapter 228. A temporary emergency rule was adopted on August 24, A 60-day extension period for the emergency rule was filed and is valid through February 19, Therefore, the amendment to is for the permanent adoption of the rule reference update. The purpose of the rule amendment is to update the reference to the current food safety rules in the temporary places of employment rule, thereby allowing DSHS to enforce the temporary 43 TexReg 580 February 2, 2018 Texas Register

91 places of employment rule relating to food safety in order to protect the health, safety, and welfare of the public. COMMENTS The 30-day comment period ended on December 11, During this period, DSHS did not receive any comments regarding the proposed rule. STATUTORY AUTHORITY Texas Health and Safety Code, , authorizes HHSC to establish standards and procedures for the management and control of sanitation and for health protection measures. Texas Government Code, , and Texas Health and Safety Code, , authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 17, TRD Barbara L. Klein Interim General Counsel Department of State Health Services Effective date: February 18, 2018 Proposal publication date: November 10, 2017 For further information, please call: (512) TITLE 34. PUBLIC FINANCE PART 1. COMPTROLLER OF PUBLIC ACCOUNTS CHAPTER 3. TAX ADMINISTRATION SUBCHAPTER F. MOTOR VEHICLE SALES TAX 34 TAC 3.83 The Comptroller of Public Accounts adopts amendments to 3.83, concerning sales and use of motor vehicles purchased or leased by public agencies; and sales and use of motor vehicles purchased by commercial transportation companies, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7094). The section is amended to implement House Bill 897, 85th Legislature, 2017, which amended Tax Code, (Definitions) to include an open-enrollment charter school in the definition of a "public agency." The bill is effective September 1, New subsection (a)(4) is added to define the term "open-enrollment charter school." This term is given the meaning assigned by Education Code, (Definitions). Subsequent paragraphs are renumbered accordingly. Renumbered paragraph (5), defining the term "public agency," is amended to include an open-enrollment charter school in the definition. No comments were received regarding adoption of the amendment. This amendment is adopted under Tax Code, (Comptroller's Rules; Compliance; Forfeiture), which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2. This section implements Tax Code, (Definitions). The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 18, TRD Lita Gonzalez General Counsel Comptroller of Public Accounts Effective date: February 7, 2018 Proposal publication date: December 15, 2017 For further information, please call: (512) SUBCHAPTER O. STATE AND LOCAL SALES AND USE TAXES 34 TAC The Comptroller of Public Accounts adopts amendments to 3.335, concerning property used in a qualifying data center or qualifying large data center project, without changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7096). This section is amended to implement House Bill 4038, 85th Legislature, 2017, which revised the definition of "qualifying job" to give the term the same meaning for qualifying data centers and qualifying large data center projects. Subsection (a)(7) defines the term "qualifying job." Existing subparagraph (B), relating to how the term "qualifying job" applies to a qualifying data center, is deleted. Relettered subparagraph (B) is amended to provide that the term "qualifying job" includes a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, qualifying operator, or qualifying occupant providing that the employment position is permanently assigned to an associated qualifying data center or qualifying large data center project. Subsection (a)(12) defining the term "shared employment responsibilities" is deleted as the term is no longer used in the section. No comments were received regarding adoption of the amendment. This section is adopted under Tax Code, (Comptroller's Rules; Compliance; Forfeiture), which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2. The amendments implement Tax Code, (Property Used In Certain Data Centers; Temporary Exemption). ADOPTED RULES February 2, TexReg 581

92 The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 22, TRD Lita Gonzalez General Counsel Comptroller of Public Accounts Effective date: February 11, 2018 Proposal publication date: December 15, 2017 For further information, please call: (512) SUBCHAPTER T. MANUFACTURED HOUSING SALES AND USE TAX 34 TAC The Comptroller of Public Accounts adopts an amendment to 3.481, concerning the imposition and collection of manufactured housing tax, with changes to the proposed text as published in the December 15, 2017, issue of the Texas Register (42 TexReg 7101). This amendment implements Senate Bill 2076, 85th Legislature, 2017, which amended the definition of "travel trailer" in Transportation Code, Chapter 501 (Certificate of Title Act). This legislation is effective September 1, Subsection (a)(11), defining "park model trailer," is amended to be consistent with changes made in the Transportation Code, (30) with respect to the maximum dimensions of travel trailers, which include park model trailers. Subsection (a)(11)(a) is corrected to include the word "feet" which was omitted in the proposed text. Subsection (e)(5) is amended to update the online address for obtaining copies of the exemption certificate. No comments were received regarding adoption of the amendment. The amendments are adopted under Tax Code, (Comptroller's Rules, Compliance, Forfeiture), which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2. The amendments implement Transportation Code, (Definitions) Imposition and Collection of Manufactured Housing Tax. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Charitable or eleemosynary organization--a nonprofit organization devoting all or substantially all of its activities to the alleviation of poverty, disease, pain, and suffering by providing food, clothing, drugs, treatment, shelter, or psychological counseling directly to indigent or similarly deserving members of society with its funds derived primarily from sources other than fees or charges for its services. If the organization engages in any substantial activity other than the activities described in this section, it will not be considered as having been organized for purely public charity, and therefore, will not qualify for exemption under this section. No part of the net earnings of the organization may inure to the benefit of any private party or individual other than as reasonable compensation for services rendered to the organization. Some examples of organizations that do not meet the requirements for exemption under this definition are fraternal organizations, lodges, fraternities, sororities, service clubs, veterans groups, mutual benefit or social groups, professional groups, trade or business groups, trade associations, medical associations, chambers of commerce, and similar organizations. Even though not organized for profit and performing services which are often charitable in nature, these types of organizations do not meet the requirements for exemption under this section. (2) Educational organization--a nonprofit organization or governmental entity whose activities are devoted solely to systematic instruction, particularly in the commonly accepted arts, sciences, and vocations, and which has a regularly scheduled curriculum, using the commonly accepted methods of teaching, a faculty of qualified instructors, and an enrolled student body or students in attendance at a place where the educational activities are regularly conducted. An organization that has activities consisting solely of presenting discussion groups, forums, panels, lectures, or other similar programs, may qualify for exemption under this section, if the presentations provide instruction in the commonly accepted arts, sciences, and vocations. The organization will not be considered for exemption under this section if the systematic instruction or educational classes are incidental to some other facet of the organization's activities. No part of the net earnings of the organization may inure to the benefit of any private party or individual other than as reasonable compensation for services rendered to the organization. Some examples of organizations that do not meet the requirements for exemption under this definition are professional associations, business leagues, information resource groups, research organizations, support groups, home schools, and organizations that merely disseminate information by distributing printed publications. Entities that are defined in Education Code, , as "institutions of higher education" are recognized for exemption under this section. Included in the definition of "institutions of higher education" are state and private universities and colleges. (3) Exempt use--a use to promote the purpose for which an exempt organization was created. (4) House trailer--a trailer designed for human habitation, including a park model as defined in this section. The term does not include mobile offices as defined in of this title (relating to Sales of Mobile Offices, Oilfield Portable Units, Portable Buildings, Prefabricated Buildings, and Ready-Built Homes); manufactured homes as defined in this section; or portable buildings, prefabricated buildings, and ready-built homes, as defined in of this title. (5) HUD-code manufactured home--a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet; built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and which includes the plumbing, heating, air conditioning, and electrical systems. (6) Industrialized housing--a residential structure that is designed for the occupancy of one or more families; constructed in one or more modules, or one or more modular components built at a location other than the home site; designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system; and that includes the structure's plumbing, heating, air conditioning, and electrical systems. Industrialized hous- 43 TexReg 582 February 2, 2018 Texas Register

93 ing does not include a residential structure that exceeds three stories or 49 feet in height; housing constructed of a sectional or panelized system that does not use a modular component; or a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location. (7) Manufactured home--a HUD-code manufactured home that has a label or decal issued by the U.S. Department of Housing and Urban Development and the Texas Department of Housing and Community Affairs permanently affixed to each section, industrialized housing that has a label or decal issued by the Texas Department of Licensing and Regulations permanently affixed to each module or modular component, or a mobile home. A manufactured home does not include a recreational vehicle, park model, or house trailer, as those terms are defined in this section. Further, the term does not include a structure designed as a residence and constructed since June 15, 1976, that lacks a label or decal issued by the U.S. Department of Housing and Urban Development and the Texas Department of Housing and Community Affairs or by the Texas Department of Licensing and Regulations permanently affixed to each section, module, or modular component. (8) Manufacturer--Any person who constructs or assembles manufactured housing for sale, exchange, or lease-purchase within this state. (9) Mobile home--a structure constructed before June 15, 1976; transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet; built on a permanent chassis; designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and that includes the plumbing, heating, air conditioning, and electrical systems. (10) New manufactured home--one that has not been subject to a retail sale. (11) Park model--a trailer designed to be used for human habitation, with or without a permanent foundation, when connected to the required utilities, and that: (A) is less than eight feet six inches in width and 45 feet in length in the traveling mode; (B) includes the plumbing, heating, air conditioning and electrical systems; and (C) is not required to be affixed with a label or decal issued by the U.S. Department of Housing and Urban Development and by the Texas Department of Housing and Community Affairs. (12) Person--An individual, partnership, company, corporation, association, or other group, however organized. (13) Recreational vehicle--a vehicle which is self-propelled or designed to be towed by a motor vehicle, but is not designed to be used as a permanent dwelling, and which contains plumbing, heating, and electrical systems that may be operated without connection to outside utilities. Examples include, but are not limited, to travel trailers, camper trailers, and motor homes. For information on the taxability of recreational vehicles, see 3.72 of this title (relating to Trailers, Farm Machines, and Timber Machines). (14) Religious organization--a nonprofit organization that is an organized group of people regularly meeting for the primary purpose of holding, conducting and sponsoring religious worship services, according to the rites of their sect. The organization must be able to provide evidence of an established congregation showing that there is an organized group of people regularly attending these services. An organization that supports and encourages religion as an incidental part of its overall purpose, or one whose general purpose is furthering religious work or instilling its membership with a religious understanding, will not qualify for exemption under this section. No part of the net earnings of the organization may inure to the benefit of any private party or individual other than as reasonable compensation for services rendered to the organization. Some examples of organizations that do not meet the requirements for exemption under this definition are conventions or associations of churches, evangelistic associations, churches with membership consisting of family members only, missionary organizations, and groups who meet for the purpose of holding prayer meetings, bible study, or revivals. (15) Retail sale--sale to a consumer as opposed to a sale to a retailer for resale or for further processing and resale. (16) Retailer--Any person engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering them for sale, exchange, or lease-purchase to consumers, including a person who maintains a location for the display of manufactured homes. No person will be considered a retailer unless engaged in the sale, exchange, or lease-purchase of two or more manufactured homes to consumers in any consecutive 12-month period. (17) Sales price--the total amount to be paid, as set forth in the invoice or bill of sale, excluding any separately stated shipping, freight, or delivery charges from the manufacturer to the retailer or other person. (18) Use--The exercise of any right or power over a manufactured home incident to its ownership, including the sale, lease, or rental, or the incorporation of any manufactured home into real estate or into improvements on real estate. (19) Used manufactured home--one that has been subject to a retail sale. (b) Imposition of tax. (1) The manufactured housing sales tax is due on all new manufactured homes sold or consigned by a manufacturer to a retailer or other person in this state. (A) Invoices for all new manufactured homes sold by manufacturers must set forth the amount of tax imposed at the rate of 5.0% of 65% of the sales price (equivalent to 3.25% of the sales price). (B) The manufacturer must report and pay the tax to the comptroller on or before the last day of the month following the month in which the manufactured home was sold. (C) A manufactured home is presumed to be "sold" at the time the home is sold or consigned by the manufacturer to a retailer or other person in this state or is shipped to any point in this state for the use and benefit of any person. (2) Parts and accessories added to a manufactured home by the retailer. Limited sales or use tax is due on parts or accessories installed by a retailer in or on a manufactured home, pursuant to Tax Code, Chapter 151. For information on the taxability of parts and accessories added to a manufactured home, see 3.306(c) of this title. (3) Repair, remodeling, restoration, and maintenance of a manufactured home. The labor to repair, remodel, restore, or maintain a manufactured home may be subject to the limited sales and use tax, pursuant to Tax Code, Chapter 151. For more information, see 3.306(c) of this title. (c) Use tax. ADOPTED RULES February 2, TexReg 583

94 (1) Manufactured homes purchased outside Texas. (A) New manufactured homes. A use tax of 5.0% of 65% of the purchase price (equivalent to 3.25% of the purchase price) is due on a manufactured home that was purchased new outside of this state for use, occupancy, resale, or exchange in this state. The tax is to be paid by the person to whom or for whom the home was sold, shipped, or consigned. It is presumed that a manufactured home was not purchased for use or occupancy in this state if the purchaser has purchased the home at a retail sale at least one year prior to its being brought or shipped to this state. (B) Used manufactured homes. The use tax does not apply to a manufactured home that was purchased used at a retail sale outside of this state. (2) Manufactured homes purchased in this state. (A) New manufactured homes. (i) A use tax of 5.0% of 65% of the purchase price (equivalent to 3.25% of the purchase price) is imposed on a manufactured home that was purchased new in this state. (ii) The use tax is not due if the manufacturer has paid the sales tax on the home to this state. It will be presumed that the sales tax has been paid on a manufactured home sold, shipped, or consigned by the manufacturer to a retailer or other person in this state. The comptroller, the manufacturer, the retailer, and the user of the home may introduce evidence to establish whether or not the sales tax has been paid. (B) Used manufactured homes. The use tax does not apply to a manufactured home purchased used at retail in this state. (3) A credit equal to the amount of any legally imposed sales or use tax paid to another state on a manufactured home may be taken against the use tax imposed in this state. (4) The use tax imposed is to be paid directly to the comptroller by the person to whom or for whom the home was sold, shipped, or consigned. The use tax is due and payable by the last day of the month following the month after the home is sold, shipped, or consigned to a person in this state. (d) Interstate sales of manufactured housing. (1) A manufacturer engaged in business in this state but located outside this state must collect and remit to the comptroller the manufactured housing sales tax on the initial sale, shipment, or consignment of a manufactured home to a retailer or other person in this state. (2) The sales tax is not imposed on a manufactured home that is sold, shipped, or consigned to a retailer or other person when a manufacturer located in this state ships the home to a point outside this state by means of: (A) the facilities of the manufacturer; or (B) delivery by the manufacturer to a carrier for shipment under a bill of lading to a consignee at a location outside this state. (3) The sales tax is not imposed on a manufactured home that is sold to a retailer in this state for resale at retail to a resident of another state if the home is transported to and installed for occupancy on a home site located in another state. (A) This exemption does not apply if the home is titled or registered in this state or if the home is used for any purpose other than display prior to being transported outside of the state. (B) The manufacturer may accept an exemption certificate which has been properly completed and signed by the retailer and the consumer in compliance with subsection (e) of this section. (C) A retailer who has previously paid the sales tax imposed by this chapter to the manufacturer on a transaction exempt under this section may claim a credit or a refund from the manufacturer. (e) Exemption Certificates. (1) An exemption certificate may be issued by: (A) the United States; (B) any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States; (C) federal credit unions organized under 12 United States Code, 1768, federal land bank associations organized under 12 United States Code, 2098, or farm credit banks organized under 12 United States Code, 2023; (D) instrumentalities; the State of Texas, its unincorporated agencies and (E) any county, city, special district, or other political subdivision of the State of Texas, and any college or university created or authorized by the State of Texas; (F) nonprofit corporations formed under Local Government Code, Chapter 501, Provisions Governing Development Corporations or Health and Safety Code, Chapter 221, Health Facilities Development Act when purchasing items for their exclusive use and benefit. The exemption does not apply to items purchased by the corporation to be lent, sold, leased, or rented; (G) any organization created for religious, educational, charitable, or eleemosynary purposes, provided that such organization must have requested and been granted exempt status by the comptroller. In order to qualify for exempt status the organization must meet all of the following requirements: (i) An organization must be organized or formed solely to conduct one or more exempt activities. All documents necessary to prove the purpose for which an organization is formed will be considered when exempt status is sought. (ii) An organization must devote its operations exclusively to one or more exempt activities. (iii) An organization must dedicate its assets in perpetuity to one or more exempt activities. (iv) No profit or gain may pass directly or indirectly to any private shareholder or individual. All salaries or other benefits furnished officers and employees must be commensurate with the services actually rendered. (H) A resident of another state who purchases a new manufactured home from a retailer in this state for immediate transport, installation, and occupancy at a home site located outside of this state, provided the home: (i) has not been used by the retailer for any purpose other than display; and (ii) is not titled or registered in this state. (2) A manufacturer who accepts an exemption certificate in good faith is relieved of the responsibility for collecting the tax as required by Tax Code, A retailer must submit to the manu- 43 TexReg 584 February 2, 2018 Texas Register

95 facturer an exemption certificate which has been signed and completed by itself and the purchaser. (A) A retailer must keep a copy of the exemption certificate attached to the invoice or bill of sale transferring title to the purchaser. (B) The manufacturer must retain the original of the exemption certificate attached to the invoice or bill of sale. (3) Any person who issues an exemption certificate for a manufactured home and then uses the home for other than exempt use will be liable for the tax. The tax will be based on the selling price of the manufactured home to the person who issued the exemption certificate. (4) The exemption certificate must include: (A) names and addresses of the manufacturer, retailer, and purchaser; (B) a description of the manufactured home; (C) the address where the manufactured home will be installed; (D) reason for exemption; and (E) signatures of both the retailer and purchaser. (5) Form of an exemption certificate. An exemption certificate must be in substantially the form of a Texas Manufactured Housing Sales and Use Tax Exemption Certificate (Form ). Copies of the exemption certificate are available at: The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on January 22, TRD Don Neal Chief Deputy General Counsel Comptroller of Public Accounts Effective date: February 11, 2018 Proposal publication date: December 15, 2017 For further information, please call: (512) ADOPTED RULES February 2, TexReg 585

96

97 Proposed Rule Reviews Texas Board of Professional Geoscientists Title 22, Part 39 In accordance with Texas Government Code , the Texas Board of Professional Geoscientists (TBPG) files this notice of intent to review and consider for readoption, amendment, or repeal of 22 TAC Chapters 850 and 851, as follows: Chapter 850 Subchapter A (Authority and Definitions) Subchapter B (Organization and Responsibilities) Subchapter C (Fees) Subchapter D (Advisory Opinions) Chapter 851 Subchapter A (Definitions) Subchapter B (P.G. Licensing, Firm Registration, and GIT Certification) Subchapter C (Code of Professional Conduct) Subchapter D (Compliance and Enforcement) Subchapter E (Hearings--Contested Cases and Judicial Review) The Texas Board of Professional Geoscientists will determine whether the reasons for adopting the sections under review continue to exist. Any interested person may submit comments regarding these chapters and subchapters. In order to give the Board adequate time to consider your input, please submit comments regarding the rule review to TBPG by March 16, Comments should be directed to Charles Horton, Executive Director, Texas Board of Professional Geoscientists, P.O. Box 13225, Austin, Texas 78711, or by to chorton@tbpg.texas.gov. Any proposed changes to these chapters as a result of this review will be published in the Proposed Rules section of a future edition of the Texas Register. The proposed rules will be open for a standard 30-day public comment period prior to adoption by TBPG. TRD Charles Horton Executive Director Texas Board of Professional Geoscientists Filed: January 18, 2018 Adopted Rule Reviews Texas Alcoholic Beverage Commission Title 16, Part 3 The Texas Alcoholic Beverage Commission readopts without change 16 Texas Administrative Code , Advertising Signs at Charitable or Civic Events. Notice of the proposed review of the rule was published in the December 8, 2017, issue of the Texas Register (42 TexReg 6945) and a public hearing was held on January 4, No comments were received. The rule review was conducted pursuant to Government Code The agency finds that the reasons for adopting the rule continue to exist. The rule reflects current legal and policy considerations, and reflects current procedures of the Commission, and is not obsolete. TRD Martin Wilson Assistant General Counsel Texas Alcoholic Beverage Commission Filed: January 23, 2018 RULE REVIEW February 2, TexReg 587

98

99 Texas Department of Agriculture 2018 Specialty Crop Block Grant Program Request for Applications The Texas Department of Agriculture (TDA) is accepting applications for the Specialty Crop Block Grant Program (Program). The Program is designed to solely enhance the competitiveness of specialty crops. Projects must demonstrate a positive measurable impact on the specialty crop industry. The Program is authorized under section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C note) and amended under section of the Agricultural Act of 2014, Public Law (the Farm Bill). The Program is currently implemented under 7 CFR part 1291 (published March 27, 2009; 74 FR 13313). Eligibility Responses will be accepted from state agencies, universities, institutions, and producer-, industry-, or community-based organizations involved with, or that promote specialty crops. Grant applications must demonstrate that they will enhance the competitiveness of a Texas specialty crop industry. Grant funds may only be used for activities benefiting specialty crops. Grant funds must benefit more than one individual, institution or organization. Grant funds will not be awarded for projects that solely benefit a particular commercial product or provide a profit to a single organization, institution or individual. Funding Parameters, Award Information and Notification Selected projects will receive funding on a cost reimbursement basis. Funds will not be advanced to grantees. Selected applicants must have the financial capacity to pay all costs up-front. Projects may be funded at varying levels depending on the nature of the project. Projects must demonstrate strong justification for the requested budget, as well as, the potential for providing significant demonstrable benefits to Texas specialty crops. Where more than one (1) proposal on an eligible research topic is acceptable for funding, TDA may request cooperation between grantees or revision/adjustment to a proposal in order to avoid duplication and to realize the maximum benefit to the state. TDA reserves the right to accept or reject any or all proposals submitted. TDA is under no legal or other obligation to execute a grant on the basis of a response submitted to this RFA. TDA shall not pay for any costs incurred by any entity in responding to this RFA. The public announcements and written notifications will be made to all applicants and their affiliated agencies, organizations, or institutions. Favorable decisions will indicate the amount of award, duration of the grant, and any special conditions associated with the project. Submitting an Application Applications are currently being accepted, and must be submitted on the form provided by TDA by the submission deadline. Application form is available on TDA's website at Additionally, the application form link may be accessed at: Applications must be complete and have all required documentation to be considered. Applications without required documentation will be returned. TDA reserves the right to request additional information or documentation to determine eligibility. Applications must be signed by the applicant, and include all required supporting documentation. Deadline for Submission of Responses The complete application package including the project profile and financial capability questionnaire must be RECEIVED by 5:00 p.m. (Central Time) on Wednesday, February 21, It is the applicant's responsibility to submit all materials necessary for evaluation early enough to ensure timely delivery. Late or incomplete proposals will not be accepted. Applicants may not supplement or amend the application after the deadline. Contact Information Physical Address: Texas Department of Agriculture Trade & Business Development - Grants Office 1700 North Congress Avenue Austin, Texas Mailing Address: Texas Department of Agriculture Trade & Business Development - Grants Office P.O. Box Austin, Texas For questions regarding submission of the proposal and TDA documentation requirements, please contact Mr. Sean Hilbe, Grant Coordinator, at (512) or by at Grants@TexasAgriculture.gov. Texas Public Information Act. Once submitted, all applications shall be deemed to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552. TRD Jessica Escobar Assistant General Counsel Texas Department of Agriculture Filed: January 22, 2018 Office of the Attorney General Fiscal Year 2018 Exemptions Granted Government Code (a) authorizes the attorney general to adopt cost rules for governmental bodies to use in determining charges for IN ADDITION February 2, TexReg 589

100 providing public information under the Public Information Act, chapter 552 of the Government Code. The attorney general's cost rules are found at 1 TAC Government Code (c) permits a governmental body to request that it be exempt from all or part of the attorney general's cost rules. Government Code (d) requires the attorney general to publish annually a list of the governmental bodies that are granted exemptions from the attorney general's cost rules and authorized to adopt modified rules for determining charges for providing public information. Therefore, the attorney general publishes the following table of exemptions granted to date for Fiscal Year 2018 (September 1, 2017 through August 31, 2018): TRD Amanda Crawford General Counsel Office of the Attorney General Filed: January 22, 2018 Texas Department of Banking Correction of Error The Finance Commission of Texas, on behalf of the Texas Department of Banking, adopted amendments to 7 TAC 33.74, concerning depository agent receipts. The adopted rule was published in the December 29, 2017, issue of the Texas Register (42 TexReg 7581) to be effective January 4, Section 33.74(b)(2)(A) incorrectly references 33.73(c)(3) and should read as follows: "(A) can be linked to the transaction records required under 33.73(c) of this title (relating to What Records Must I Keep Related to Depository Agent Services Transactions?); and" TRD Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in and , Texas Finance Code. The weekly ceiling as prescribed by and for the period of 01/29/18-02/04/18 is 18% for Consumer 1 /Agricultural/Commercial 2 credit through $250,000. The weekly ceiling as prescribed by and for the period of 01/29/18-02/04/18 is 18% for Commercial over $250, Credit for personal, family or household use. 2 Credit for business, commercial, investment or other similar purpose. TRD Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: January 23, 2018 Texas Education Agency Request for Applications Concerning the Texas Education for Homeless Children and Youth (TEHCY) Grant Program Filing Authority. The availability of grant funds under Request for Application (RFA) # is authorized by the McKinney-Vento Homeless Assistance Act, Subtitle VII-B, reauthorized by Title IX, Part A, of the Every Student Succeeds Act. Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA # from eligible applicants, which include all local educational agencies (LEAs) and education service centers (ESCs). Description. The purpose of the TEHCY grant program is to facilitate the identification, enrollment, attendance, and academic success of homeless children and youth by removing barriers and promoting school stability for students experiencing homelessness. Dates of Project. The TEHCY grant program will be implemented during the school year. Applicants should plan for a starting date of no earlier than September 1, 2018, and an ending date of no later than August 31, Continuation funding may be available. Project Amount. Approximately $5.8 million is available for funding the TEHCY grant program. It is anticipated that approximately 80 grants will be awarded ranging in amounts from $5,000 to $250,000. This project is funded 100 percent with federal funds. Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA. 43 TexReg 590 February 2, 2018 Texas Register

101 TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response. Requesting the Application. The complete RFA will be posted on the TEA Grant Opportunities web page at ProgramSearch.aspx for viewing and downloading. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA. Further Information. In order to make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to cal.lopez@tea.texas.gov, the TEA address identified in the program guidelines of the RFA, no later than February 16, All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by March 5, In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA. Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, April 3, 2018, to be eligible to be considered for funding. TEA will not accept applications by . Applications may be delivered to the TEA visitors' reception area on the second floor of the William B. Travis Building, 1701 North Congress Avenue (at 17th Street and North Congress, two blocks north of the Capitol), Austin, Texas or mailed to Document Control Center, Grants Administration Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas Filing Date. January 24, 2018 TRD Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: January 24, 2018 Texas Commission on Environmental Quality Agreed Orders 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), TWC, 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, 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 March 2, TWC, 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 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 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 and must be received by 5:00 p.m. on March 2, Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, provides that comments on the AOs shall be submitted to the commission in writing. COMPANY: Bruni Rural Water Supply Corporation; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LO- CATION: Bruni, Webb County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (c)(2)(A) and (f), by failing to provide public notification and submit a copy of each public notification to the executive director (ED) regarding the failure to collect a routine distribution water sample for coliform analysis, regarding the failure to provide the results of volatile organic chemical contaminants sampling to the ED, and regarding the failure to collect lead and copper tap samples; and 30 TAC (b)(3)(A) and (f), by failing to provide public notification and submit a copy of each public notification to the ED regarding the failure to comply with the maximum contaminant level for arsenic; PENALTY: $392; ENFORCEMENT COORDINATOR: Jason Fraley, (512) ; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas , (956) COMPANY: Choice Stores Incorporated dba Gold Buckle; DOCKET NUMBER: PST-E; IDENTIFIER: RN ; LOCA- TION: Mabank, Kaufman County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC (b)(1)(A) and TWC, (c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINA- TOR: Claudia Corrales, (432) ; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas , (817) COMPANY: City of Austin; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Del Valle, Travis County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, (a)(1), 30 TAC (1), and Texas Pollutant Discharge Elimination System Permit Number WQ , Permit Conditions Number 2.g, by failing to prevent the discharge of wastewater into or adjacent to water in the state; PENALTY: $11,625; Supplemental Environmental Project offset amount of $11,625; ENFORCEMENT COORDINATOR: Melissa Castro, (512) ; REGIONAL OFFICE: Park 35 Circle, Building A, Austin, Texas 78753, (512) COMPANY: City of Ore City; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Ore City, Upshur County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC (1), TWC, (a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ , Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $4,675; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) ; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas , (903) IN ADDITION February 2, TexReg 591

102 COMPANY: City of White Oak; DOCKET NUMBER: WQ-E; IDENTIFIER: RN ; LOCATION: White Oak, Gregg County; TYPE OF FACILITY: small municipal separate storm sewer system (MS4); RULES VIOLATED: 30 TAC (a)(4) and 40 Code of Federal Regulations (a)(9)(i)(A), by failing to maintain authorization to discharge stormwater under a Texas Pollutant Discharge Elimination System General Permit for small MS4s; PENALTY: $15,750; ENFORCEMENT COORDINATOR: Austin Henck, (512) ; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas , (903) COMPANY: DEEP ROOTS RECYCLING, INCORPORATED; DOCKET NUMBER: WQ-E; IDENTIFIER: RN ; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: sludge transportation; RULE VIOLATED: TWC, (a)(1), by failing to prevent an unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $876; ENFORCEMENT COORDINATOR: Austin Henck, (512) ; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas , (903) COMPANY: DOBBIN-PLANTERSVILLE WATER SUPPLY CORPORATION, (A NON-PROFIT CORPORATION); DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LO- CATION: Planntersville, Grimes County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (f)(1) and (c)(2)(A) and (f), and Texas Health and Safety Code, (c), by failing to comply with the maximum contaminant level (MCL) of 15 picocuries per liter for gross alpha particle activity, based on the running annual average for the fourth quarter of 2016 and the first quarter of 2017, and failing to provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to comply with the MCL for gross alpha particle activity for the first quarter of 2017; and 30 TAC (c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit Disinfectant Level Quarterly Operating Reports to the ED each quarter by the tenth day of the month following the end of the first and second quarter of 2013; PENALTY: $287; ENFORCEMENT CO- ORDINATOR: James Boyle, (512) ; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas , (254) COMPANY: GRATER ALLIANCE, INCORPORATED dba One Stop Shop; DOCKET NUMBER: PST-E; IDENTIFIER: RN ; LOCATION: Garland, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC (a)(1) and TWC, (d), by failing to provide corrosion protection for the underground storage tank system; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Caleb Olson, (512) ; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas , (817) COMPANY: Hills of Westlake, Limited; DOCKET NUMBER: WQ-E; IDENTIFIER: RN ; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: residential home building site; RULES VIOLATED: TWC, (a)(2), 30 TAC (a)(4), and Texas Pollution Discharge Elimination System (TPDES) General Permit (GP) Number TXR , Part III, Sections F.6(d) and G.1, and Part VII, Numbers 1 and 8, by failing to design, install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants which resulted in the discharge of excessive amounts of sediment into or adjacent to water in the state; and 30 TAC (a)(4) and TPDES GP Number TXR , Part III, Section F(7)(d) and (e), by failing to modify the stormwater pollution prevention plan based on the results of inspections within seven calendar days following inspections; PENALTY: $7,593; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) COMPANY: Jim Hogg County Water Control and Improvement District Number 2; DOCKET NUMBER: MWD-E; IDENTI- FIER: RN ; LOCATION: Hebbronville, Jim Hogg County; TYPE OF FACILITY: wastewater treatment facility; RULES VIO- LATED: 30 TAC (1), TWC, (a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ , Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $2,150; ENFORCEMENT COORDINATOR: Melissa Castro, (512) ; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas , (956) COMPANY: John Muhich; DOCKET NUMBER: MLM-E; IDENTIFIER: RN ; LOCATION: Dripping Springs, Hays County; TYPE OF FACILITY: a construction site; RULES VIOLATED: 30 TAC (a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Contributing Zone; 30 TAC (a)(4) and 40 Code of Federal Regulations (c), by failing to obtain authorization under Texas Pollutant Discharge Elimination System General Permit Number TXR to discharge stormwater associated with construction activities; PENALTY: $13,316; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) ; REGIONAL OFFICE: Park 35 Circle, Building A, Austin, Texas 78753, (512) COMPANY: Juan Galindo dba Tepatitlan Mobile Home Park; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (f)(4), (e), (e), and (c)(2)(A) and (f), by failing to provide the results for nitrate and volatile organic chemical (VOC) contaminants sampling to the executive director (ED) for the January 1, December 31, 2015 and January 1, December 31, 2016, monitoring periods, and failing to provide public notification and submit a copy of the notification regarding the failure to provide the results for nitrate and VOC contaminants sampling to the ED for the January 1, December 31, 2015, monitoring period; 30 TAC (f)(4) and (e), by failing to provide the results of Stage 2 Disinfection Byproducts sampling to the ED for the January 1, December 31, 2016, monitoring period; and 30 TAC (c)(2)(A) and (f), by failing to provide public notification and submit a copy of the notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, December 31, 2015, monitoring period; PENALTY: $570; ENFORCEMENT COORDINATOR: Steven Hall, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) COMPANY: Kevin Copeland dba Kevin Copeland Sand and Gravel; DOCKET NUMBER: MLM-E; IDENTIFIER: RN ; LOCATION: Hutto, Williamson County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: 30 TAC (a) and Texas Health and Safety Code, (a) and (b), by failing to obtain authorization prior to construction and operation of a source of air emissions; 30 TAC (a)(4) and Texas Pollutant Discharge Elimination System General Permit Number TXR05CZ42, Part III, Sections B.3, by failing to conduct quarterly visual monitoring inspections at the facility to determine the effectiveness of the Pollution Prevention Measures and Controls; and TWC, (a) and 30 TAC (a)(1) and (c), by failing to 43 TexReg 592 February 2, 2018 Texas Register

103 register an aboveground storage tank within 30 days from the date any petroleum product is first placed into the tank; PENALTY: $6,063; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) ; REGIONAL OFFICE: Park 35 Circle, Building A, Austin, Texas 78753, (512) COMPANY: Nerro Supply, LLC; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Porter, Montgomery County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC (d)(4)(B) (formerly (c)(4)(B)), by failing to collect one raw groundwater source Escherichia coli sample from the facility's active source within 24 hours of being notified of a distribution total coliform-positive result on a routine sample during the month of May 2016; 30 TAC (e)(2), (h), and (i)(3) and (c)(2)(A) and (f), and 40 Code of Federal Regulations and (a), by failing to conduct water quality parameter sampling at the facility's entry points and the required distribution sample site for the July 1, December 31, 2016, monitoring period following the January 1, December 31, 2014, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct water quality parameter sampling during the July 1, December 31, 2016, monitoring period; and 30 TAC (c)(2)(A) and (f), by failing to provide 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 July 1, December 31, 2015, monitoring period; PENALTY: $918; ENFORCEMENT COORDINATOR: James Boyle, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) COMPANY: PJ and MGR LLC dba Big Sandy Food Mart; DOCKET NUMBER: PST-E; IDENTIFIER: RN ; LOCA- TION: Big Sandy, Upshur County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC (b)(1)(A) and TWC, (c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COOR- DINATOR: Steven Van Landingham, (512) ; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas , (903) COMPANY: RODELL WATER SYSTEM, INCORPORATED; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Buffalo, Leon County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (e)(5), by failing to house hypochlorination solution containers in a secure enclosure to protect them from adverse weather conditions and vandalism; 30 TAC (d)(2) and TCEQ Agreed Order Docket Number PWS-E, Ordering Provision Number 2.e, by failing to provide increased pressure by means of booster pumps taking suction from ground storage tanks or obtain an exception by acquiring plan approval from the executive director (ED) for a booster pump taking suction from the distribution lines; 30 TAC (f)(4) and (5), and Texas Health and Safety Code (THSC), (c), by failing to provide a water purchase contract that authorizes a maximum daily purchase rate, or a uniform purchase rate in the absence of a specified daily purchase rate of at least 0.6 gallons per minute (gpm) per connection, and failing to provide a water purchase contract that authorizes a maximum hourly purchase rate plus the actual service pump capacity of at least 2.0 gpm per connection or at least 1,000 gpm and be able to meet peak hourly demands; 30 TAC (f)(3)(A)(ii)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the ED upon request; 30 TAC (s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzers at least once every 90 days using chlorine solutions of known concentrations; and 30 TAC (a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; PENALTY: $6,708; ENFORCEMENT COORDINATOR: Jason Fraley, (512) ; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas , (254) COMPANY: Sage-Monterey Oaks, Limited; DOCKET NUMBER: EAQ-E; IDENTIFIER: RN ; LOCATION: Austin, Travis County; TYPE OF FACILITY: business park; RULES VIOLATED: 30 TAC 213.5(c)(3)(E)(i) and Edwards Aquifer Protection Program ID Number , Standard Conditions Number 10, by failing to conduct the required five year testing on the existing sewage collection system; and 30 TAC 213.4(a)(1) and 213.5(a)(4), by failing to obtain approval of an Edwards Aquifed Protection Plan prior to commencing regulated activities over the Edwards Aquifer Recharge Zone; PENALTY: $14,407; ENFORCEMENT COOR- DINATOR: Farhaud Abbaszadeh, (512) ; REGIONAL OFFICE: Park 35 Circle, Building A, Austin, Texas 78753, (512) COMPANY: SAM'S $1.25 CLEANERS, INCORPORATED dba Sam's Cleaners; DOCKET NUMBER: DCL-E; IDEN- TIFIER: RN ; LOCATION: Lake Worth, Tarrant County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC (e)(3)(A), by failing to install a dike or other secondary containment structure around each storage area for dry cleaning waste, dry cleaning solvent, and dry cleaning wastewater; 30 TAC (a) and (b) and (1) and (2), by failing to maintain dry cleaner records for a minimum of five years and make them available for examination; and 30 TAC (e)(6)(B), by failing to maintain weekly visible inspection logs of each installed secondary containment structure; PENALTY: $1,475; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) ; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas , (817) COMPANY: TERRA SOUTHWEST, INCORPORATED; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LO- CATION: Ponder, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (e)(2), (h), and (i)(3) and (c)(2)(A) and (f), and 40 Code of Federal Regulations (CFR) and (a), by failing to conduct water quality parameter sampling at the facility's entry point and the required distribution sample site for the January 1, June 30, 2016 and July 1, December 31, 2016, monitoring periods following the January 1, December 31, 2015, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of each public notification to the ED regarding the failure to conduct all required water quality parameter sampling during the January 1, June 30, 2016 and July 1, December 31, 2016, monitoring periods; 30 TAC (f)(1)(A)(ii) and (i)(7) and (b)(2)(A) and (f), and 40 CFR (e)(2) and (3) and (b) and (c), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system within 12 months after the end of the January 1, December 31, 2015, monitoring period in which the system first exceeded the lead action level, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to perform and submit a corrosion control study; 30 TAC (b)(2)(A) and (f), by IN ADDITION February 2, TexReg 593

104 failing to provide public notification and submit a copy of each public notification to the ED regarding the failure to submit the source water treatment recommendation following a lead action level exceedence during the January 1, December 31, 2015, monitoring period, regarding the failure to provide public education materials following a lead action level exceedence during the January 1, December 31, 2015, monitoring period, and regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, December 31, 2015, monitoring period during which the lead action level was exceeded; and 30 TAC (c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from the facility's entry point no later than 180 days after the end of the January 1, December 31, 2015, monitoring period; PENALTY: $1,019; ENFORCEMENT COORDINATOR: Jason Fraley, (512) ; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas , (817) COMPANY: TEXAS BARGE and BOAT, INCORPORATED; DOCKET NUMBER: IWD-E; IDENTIFIER: RN ; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: barge cleaning and marine vessel repair facility; RULES VIOLATED: 30 TAC (1), TWC, (a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ , Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 005, by failing to comply with permitted effluent limitations; PENALTY: $20,700; ENFORCEMENT CO- ORDINATOR: Farhaud Abbaszadeh, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) TRD Charmaine Backens Director, Litigation Division Texas Commission on Environmental Quality Filed: January 23, 2018 Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit Proposed Permit Number: L001 APPLICATION AND PRELIMINARY DECISION. Vulcan Construction Materials, LLC, PO Box , San Antonio, Texas , has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number L001, which would authorize construction of a Portable Crushing Plant located on property whose northeast corner is the southwest corner of the intersection of Highway 46 and Farm-to-Market Road 3009, Bulverde, Comal County, Texas This application was processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This application was submitted to the TCEQ on June 27, The proposed facility will emit the following contaminants: particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less, carbon monoxide, nitrogen oxides, organic compounds, and sulfur dioxide. The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, executive director's preliminary decision, and draft permit will be available for viewing and copying at the TCEQ central office, the TCEQ San Antonio regional office, and the Bulverde-Spring Branch Library, 131 Bulverde Crossing Road, Bulverde, Comal County, Texas, beginning the first day of publication of this notice. The facility's compliance file, if any exists, is available for public review at the TCEQ San Antonio Regional Office, Judson Rd, San Antonio, Texas. PUBLIC COMMENT/PUBLIC MEETING. The TCEQ will hold a public meeting for this application. You may submit public comments on this application or request a contested case hearing to the TCEQ Office of the Chief Clerk at the address below. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting is not a contested case hearing. The TCEQ will consider all public comments in developing a final decision on the application. The public meeting 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. However, informal comments made during the Informal Discussion Period will not be considered by the TCEQ Commissioners 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 formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the permit. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and who provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted. The Public Meeting is to be held: Tuesday, February 27, 2018 at 7:00 p.m. New Braunfels Civic Convention Center 375 South Castell Avenue (Exhibit Hall) New Braunfels, Texas You may submit additional written public comments within 30 days of the date of newspaper publication of this notice in the manner set forth in the AGENCY CONTACTS AND INFORMATION paragraph below. After the deadline for public comment, the executive director will consider the comments and prepare a response to all public comment. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application. OPPORTUNITY FOR A CONTESTED CASE HEARING. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. A contested case hearing request must include the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; (6) a description of how you use the property which may be impacted by the facility; and (7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. The interests the group or association seeks to protect must also be identified. You 43 TexReg 594 February 2, 2018 Texas Register

105 may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing within 30 days following this notice to the Office of the Chief Clerk, at the address provided in the information section below. A contested case hearing will only be granted based on disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decisions on the application. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. Issues that are not submitted in public comments may not be considered during a hearing. EXECUTIVE DIRECTOR ACTION. A timely hearing request has been received by the TCEQ. However, if all timely contested case hearing requests have been withdrawn and no additional comments are received, the executive director may issue final approval of the application. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application, and will be posted electronically to the Commissioners' Integrated Database (CID). If all timely hearing requests are not withdrawn, the executive director will not issue final approval of the permit and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting. INFORMATION AVAILABLE ONLINE. When they become available, the executive director's response to comments and the final decision on this application will be accessible through the Commission's Web site at Once you have access to the CID using the above link, enter the permit number for this application which is provided at the top of this notice. 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. MAILING LIST. You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below. AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas Please be aware that any contact information you provide, including your name, phone number, address and physical address will become part of the agency's public record. For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) Si desea información en español, puede llamar al (800) Further information may also be obtained from Vulcan Construction Materials, LLC at the address stated above or by calling Mrs. Katy Sipe, Environmental Specialist, Westward Environmental, Inc. at (830) Persons with disabilities who need special accommodations at the public meeting should call the Office of the Chief Clerk at (512) or RELAY-TX (TDD) at least one week prior to the meeting. Notice Issuance Date: January TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 Enforcement Orders An agreed order was adopted regarding Total Petrochemicals & Refining USA, Inc., Docket No AIR-E on January 24, 2018, assessing $313,910 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Q ENVI- RONMENTAL, INC., Docket No MLM-E on January 24, 2018, assessing $21,638 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Lieberknecht, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Bridge City, Docket No MWD-E on January 24, 2018, assessing $81,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Van Alstyne, Docket No MWD-E on January 24, 2018, assessing $52,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Zia Omar dba Shell Gas Station, Docket No PST-E on January 24, 2018, assessing $8,793 in administrative penalties with $1,758 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Huntington, Docket No PWS-E on January 24, 2018, assessing $345 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Luling & Harwood Farm & Feed, LLC, Docket No WQ-E on January 24, 2018, assessing $5,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding J&S Water Company, L.L.C., Docket No MWD-E on January 24, 2018, assessing $35,333 in administrative penalties with $7,066 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Sunoco Partners Marketing & Terminals L.P., Docket No MLM-E on January 24, 2018, IN ADDITION February 2, TexReg 595

106 assessing $28,140 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Leonard Whitten dba B & L Portable Toilets, Docket No SLG-E on January 24, 2018, assessing $21,724 in administrative penalties with $4,344 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding Rick Dhanani, Docket No PST-E on January 24, 2018, assessing $5,107 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding Reyna A. Martinez, Docket No PWS-E on January 24, 2018, assessing $832 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Wheat Energy Services, Inc. dba Winters Bulk Plant and dba Ballinger Texas Fuel, Docket No PST-E on January 24, 2018, assessing $11,626 in administrative penalties with $2,324 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Texas Department of Transportation, Docket No MLM-E on January 24, 2018, assessing $13,125 in administrative penalties with $2,625 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Pettus Municipal Utility District, Docket No PWS-E on January 24, 2018, assessing $810 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding TRI-COUNTY POINT PROP- ERTY OWNERS ASSOCIATION, Docket No PWS-E on January 24, 2018, assessing $557 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Jose C. Deleon dba Deleon Meat Market, Docket No PST-E on January 24, 2018, assessing $11,640 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Equistar Chemicals, LP, Docket No AIR-E on January 24, 2018, assessing $35,710 in administrative penalties with $7,141 deferred. Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding JALBHE INVESTMENT INC. dba Go Fast Food 1, Docket No PST-E on January 24, 2018, assessing $9,900 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Lieberknecht, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Celina, Docket No MWD-E on January 24, 2018, assessing $13,158 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding MARQUIS CONSTRUC- TION SERVICES, LLC, Docket No MLM-E on January 24, 2018, assessing $10,621 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding BHARWANI INVESTMENT GROUP, INC. dba Exxon Food Mart, Docket No PST-E on January 24, 2018, assessing $9,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Harpreet Rall dba Preet Foods, Docket No PST-E on January 24, 2018, assessing $8,063 in administrative penalties with $1,612 deferred. Information concerning any aspect of this order may be obtained by contacting Behnaz Bolhassani, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding IDRIS INVESTMENTS, INC. dba AFG Food Mart, Docket No PST-E on January 24, 2018, assessing $5,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding BASTROP FOOD MART, LLC, Docket No PST-E on January 24, 2018, assessing $13,457 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Ranger, Docket No PWS-E on January 24, 2018, assessing $3,189 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding North Texas Municipal Water District, Docket No MWD-E on January 24, 2018, assessing $93,837 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas TexReg 596 February 2, 2018 Texas Register

107 An agreed order was adopted regarding CYDIA INC dba Kerens Quik Stop, Docket No PST-E on January 24, 2018, assessing $10,801 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding W R J CLEANERS, INC dba Fashion Cleaners, Docket No DCL-E on January 24, 2018, assessing $1,397 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Shell Oil Company, Docket No IWD-E on January 24, 2018, assessing $87,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Shell Chemical LP, Docket No AIR-E on January 24, 2018, assessing $60,000 in administrative penalties with $12,000 deferred. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Bartlett, Docket No MLM-E on January 24, 2018, assessing $32,661 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Carroll Harkrider, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Town of Combes, Docket No WQ-E on January 24, 2018, assessing $13,750 in administrative penalties with $13,750 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Ollin B. Crumpler and Sarah Crumpler, Docket No MSW-E on January 24, 2018, assessing $8,750 in administrative penalties with $1,750 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding SHUJAT HOLDING COM- PANY dba Big MS 3, Docket No PST-E on January 24, 2018, assessing $8,231 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding HFOTCO LLC, Docket No AIR-E on January 24, 2018, assessing $19,401 in administrative penalties with $3,880 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding Dominic Walton dba Dominic Waltons Divine Quarterhorse Training and Breeding Facility, Docket No MLM-E on January 24, 2018, assessing $2,547 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Fort Worth, Docket No AIR-E on January 24, 2018, assessing $14,100 in administrative penalties with $2,820 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Trinity River Authority of Texas and City of Irving, Docket No WQ-E on January 24, 2018, assessing $13,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Carroll Harkrider, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding Mildred Fowler, Docket No MSW-E on January 24, 2018, assessing $1,687 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding IZZ Transport Inc, Docket No MSW-E on January 24, 2018, assessing $1,312 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Zubair Ullah dba EZ Stop, Docket No PST-E on January 24, 2018, assessing $7,875 in administrative penalties with $1,575 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Fort Worth, Docket No MWD-E on January 24, 2018, assessing $10,875 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding HOUSTON COUNTRY CLUB, Docket No PST-E on January 24, 2018, assessing $11,700 in administrative penalties with $2,340 deferred. Information concerning any aspect of this order may be obtained by contacting John Paul Fennell, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Lucite International, Inc., Docket No WDW-E on January 24, 2018, assessing $32,813 in administrative penalties with $6,562 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding WRIGHT CITY WATER SUP- PLY CORPORATION, Docket No PWS-E on January 24, 2018, assessing $420 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas IN ADDITION February 2, TexReg 597

108 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 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 APPLICATION. Bell Concrete Inc., 625 7th Street, Sulphur Springs, Texas 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 to authorize the operation of a concrete batch plant. The facility is proposed to be located on the left side of County Road 1063 approximately 0.1 mile north from its intersection with U.S. 380, Greenville, Hunt County, Texas 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. This application was submitted to the TCEQ on December 27, The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on January 8, 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 , or electronically at Please be aware that any contact information you provide, including your name, phone number, address and physical 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: Tuesday, February 20, 2018, at 6:00 p.m. Hampton Inn & Suites Greenville 3001 Kari Lane Greenville, Texas 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 Dallas/Fort Worth Regional Office, located at 2309 Gravel Drive Fort Worth, Texas , 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) Si desea información en español, puede llamar al (800) Further information may also be obtained from Bell Concrete, Inc., 625 7th Street, Sulphur Springs, Texas , or by calling Mrs. Melissa Fitts, Vice President, Westward Environmental, Inc. at (830) Notice Issuance Date: January 12, 2018 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of JVickers Enterprises LLC dba Country Boys SOAH Docket No TCEQ Docket No 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. - February 15, 2018 William P. Clements Building 300 West 15th Street, 4th Floor Austin, Texas The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed August 2, 2017 concerning assessing administrative penalties against and requiring certain actions of JVickers Enterprises LLC dba Country Boys, for violations in Hopkins County, Texas, of: Tex. Water Code (a) and (c)(1) and 30 Tex. Admin. Code (b)(1)(B) and (b)(1)(A) and (b)(2). The hearing will allow JVickers Enterprises LLC dba Country Boys, 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 JVickers Enterprises LLC dba Country Boys, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to es- 43 TexReg 598 February 2, 2018 Texas Register

109 tablish 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 JVickers Enterprises LLC dba Country Boys 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. JVickers Enterprises LLC dba Country Boys, 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 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 and and ch. 80, and 1 Tex. Admin. Code ch Further information regarding this hearing may be obtained by contacting Ian Groetsch, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas , telephone (512) 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) 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 or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas Documents filed with SOAH may be filed via fax at (512) or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice. In accordance with 1 Tex. Admin. Code (a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at or in printed format upon request to SOAH." Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) , at least one week before the hearing. Issued: January 17, 2018 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Landed I, Ltd. dba J H Walker Trucking SOAH Docket No TCEQ Docket No 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. - February 15, 2018 William P. Clements Building 300 West 15th Street, 4th Floor Austin, Texas The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed November 8, 2017 concerning assessing administrative penalties against and requiring certain actions of LANDED I, LTD. dba J H Walker Trucking, for violations in Harris County, Texas, of: Tex. Water Code (a) and 30 Tex. Admin. Code 334.8(c)(4)(A)(vii), (c)(5)(a)(i), and (c)(5)(b)(ii). The hearing will allow LANDED I, LTD. dba J H Walker Trucking, 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 LANDED I, LTD. dba J H Walker Trucking, 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 LANDED I, LTD. dba J H Walker Trucking 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. LANDED I, LTD. dba J H Walker Trucking, 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 and and ch. 80, and 1 Tex. Admin. Code ch Further information regarding this hearing may be obtained by contacting Adam Taylor, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas , telephone (512) 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) 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 or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas Documents filed with SOAH may be filed via fax at (512) or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice. IN ADDITION February 2, TexReg 599

110 In accordance with 1 Tex. Admin. Code (a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at or in printed format upon request to SOAH." Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) , at least one week before the hearing. Issued: January 17, 2018 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 Notice of Water Quality Application The following notices were issued on January 18, The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas WITHIN (10) DAYS OF THE ISSUED DATE OF THE NOTICE. INFORMATION SECTION THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) staff has initiated a minor amendment of the Permit No. WQ to correct the bacteria monitoring frequency from daily to five per week in accordance with 30 Texas Administrative Code Section 319.9(b). The facility includes one storage pond with a total surface area of 3 acres and total capacity of 18 acre-feet for disposal of treated effluent via evaporation. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day via evaporation, which will remain the same. This permit will not authorize a discharge of pollutants into water in the state. The wastewater treatment facility and disposal site will be located approximately 9,000 feet northwest along Farm-to-Market Road 300 from the intersection of Farm-to-Market Road 300 and Farm-to-Market Road 101, in Loving County, Texas If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) General information about the TCEQ can be found at our web site at Si desea información en español, puede llamar al (800) TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 Proposal for Decision The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on January 18, 2018, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. HH&K, LLC dba Get N Go; SOAH Docket No ; TCEQ Docket No PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against HH&K, LLC dba Get N Go on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: January 24, 2018 Texas Facilities Commission Request for Proposals # The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Enforcement (CPA), announces the issuance of Request for Proposals (RFP) # TFC seeks a five (5) or ten (10) year lease of approximately 5,893 square feet of office space in South Travis, Comal, or Hays County, Texas. The deadline for questions is February 15, 2018 and the deadline for proposals is February 27, 2018 at 3:00 P.M. The award date is March 22, 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 a 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) A copy of the RFP may be downloaded from the Electronic State Business Daily at TRD Kay Molina General Counsel Texas Facilities Commission Filed: January 23, 2018 Request for Proposals # The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Enforcement (CPA) announces the issuance of Request for Proposals (RFP) # TFC seeks a five (5) or ten (10) year lease of approximately 5,893 square feet of office space in North Travis or Williamson County, Texas. The deadline for questions is February 16, 2018 and the deadline for proposals is February 28, 2018 at 3:00 p.m. The award date is March 22, 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) A copy of the RFP may be downloaded from the Electronic State Business Daily at 43 TexReg 600 February 2, 2018 Texas Register

111 TRD Kay Molina General Counsel Texas Facilities Commission Filed: January 22, 2018 Request for Proposals # The Texas Facilities Commission (TFC), on behalf of the Texas Animal Health Commission (TAHC), announces the issuance of Request for Proposals (RFP) # TFC seeks a five (5) or ten (10) year lease of approximately 3,139 square feet of office space in Stephenville, Erath County, Texas. The deadline for questions is February 12, 2018, and the deadline for proposals is February 19, 2018, at 3:00 p.m. The award date is March 22, 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) A copy of the RFP may be downloaded from the Electronic State Business Daily at TRD Kay Molina General Counsel Texas Facilities Commission Filed: January 23, 2018 General Land Office Notice of Derelict Vessels OFFICIAL NOTICE TO VESSEL OWNER/OPERATOR (Pursuant to , Tex Nat. Res. Code) This preliminary report and notice of violation was issued by Jimmy Martinez, Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on September 25, PRELIMINARY REPORT Based on an inspection conducted by Texas General Land Office on August 27, 2017, the Commissioner of the General Land Office (GLO), has determined that the approximately 26-foot-long, hulled recreational vessel, identified as Response Manager Target Number # UCG-ODR2-A is in a derelict condition in coastal waters without the consent of the commissioner. The vessel is at Smith Harbor, in Calhoun County, Texas. The GLO has determined who is the last registered owner/ owner of record/ last person in charge of the vessel. The GLO determined that pursuant to OSPRA (b-1)(2)(B), that the vessel has no intrinsic value. The Commissioner has further determined that, because of the vessel's location, the vessel poses an unreasonable threat to public health, safety, and welfare, (an environmental threat, and/or a hazard to navigation). Violation YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA (a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public lands without the consent of the Commissioner, and the Commissioner determines the vessel is involved in an actual or unauthorized discharge of oil, a threat to the public health, safety, and welfare, a threat to the environment, or a hazard to navigation. The Commissioner is authorized by OSPRA (b) to dispose of or contract for the disposal of any vessel described in (a). For additional information contact the Hurricane Harvey Vessel Owner Hotline at (877) Recommendation The Director has determined the owner of record is responsible for the vessel Response Manager Target Number UCG-ODR2-A and recommends that the commissioner order the abandoned vessel be disposed of in accordance with OSPRA The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within twenty (20) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, TX Failure to request a hearing may result in the removal and disposal of the vessel by the TGLO. If the TGLO removes and disposes of the vessel, the TGLO has authority under TNRC (b) to recover the costs of removal and disposal from the vessel's owner or operator. TRD Mark A. Havens Chief Clerk, Deputy Land Commissioner General Land Office Filed: January 23, 2018 Notice of Derelict Vessels OFFICIAL NOTICE TO VESSEL OWNER/OPERATOR (Pursuant to , Tex Nat. Res. Code) This preliminary report and notice of violation was issued by Jimmy Martinez, Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on 1/23/18. PRELIMINARY REPORT Based on an inspection conducted by Texas General Land Office on August 30, 2017, the Commissioner of the General Land Office (GLO), has determined that the approximately foot long, hulled recreational vessel, identified as Response Manager Target Number #UCG-ODR1-A or USCG Documentation Number/TPWD Vessel Registration Number (#TX9532ZL) is in a derelict condition in coastal waters without the consent of the commissioner. The vessel is/or was located at Port Aransas Harbor/Marina, in Nueces County, Texas. The vessel is/or was specifically located a 301 JC Barr Blvd, Port Aransas, Texas The GLO has determined who is the last registered owner/owner of record/last person in charge of the vessel. The GLO determined that pursuant to OSPRA (b-1)(2)(B), that the vessel has no intrinsic value. The Commissioner has further determined that, because of the vessel's location, the vessel poses an unreasonable threat to public health, safety, and welfare, (an environmental threat, and/ or a hazard to navigation). Violation YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA (a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal wa- IN ADDITION February 2, TexReg 601

112 ters, on public lands without the consent of the Commissioner, and the Commissioner determines the vessel is involved in an actual or unauthorized discharge of oil, a threat to the public health, safety, and welfare, a threat to the environment, or a hazard to navigation. The Commissioner is authorized by OSPRA (b) to dispose of or contract for the disposal of any vessel described in (a). For additional information contact the Hurricane Harvey Vessel Owner Hotline at (877) Recommendation The Director has determined the current owner of record is responsible for the vessel TX9532ZL, or Response Manager Target Number UCG-ODR1-A and recommends that the commissioner order the abandoned vessel be disposed of in accordance with OSPRA The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within twenty (20) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, TX Failure to request a hearing may result in the removal and disposal of the vessel by the TGLO. If the TGLO removes and disposes of the vessel, the TGLO has authority under TNRC (b) to recover the costs of removal and disposal from the vessel's owner or operator. TRD Mark A. Havens Chief Clerk, Deputy Land Commissioner General Land Office Filed: January 23, 2018 Department of State Health Services Licensing Actions for Radioactive Materials 43 TexReg 602 February 2, 2018 Texas Register

113 IN ADDITION February 2, TexReg 603

114 43 TexReg 604 February 2, 2018 Texas Register

115 IN ADDITION February 2, TexReg 605

116 TRD Barbara L. Klein Interim General Counsel Department of State Health Services Filed: January 24, 2018 Schedules of Controlled Substances PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE SCHEDULES SUPERCEDE PREVIOUS SCHEDULES AND CON- TAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS. 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. 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 , Austin, Texas The telephone number is (512) and the website address is 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 Schedule I consists of: - Schedule I opiates 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 (N-[1-(1-methyl-2-phenethyl)- 4-piperidinyl]- N-phenylacetamide); (2) AH-7921 (3,4-dichloro-N-[(dimethylamino)cyclohexymethyl]benzamide)); *(3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); (4) Allylprodine; (5) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM); (6) Alpha methylfentanyl or any other derivative of fentanyl; (7) Alpha methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4- piperidinyl]-n- phenyl-propanamide); (8) Benzethidine; (9) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4- piperidinyl]-n-phenyl-propanamide); (10) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2- phenethyl)-3- methyl- 4- piperidinyl]-n- phenylpropanamide); (11) Betaprodine; (12) Clonitazene; (13) Diampromide; (14) Diethylthiambutene; (15) Difenoxin; (16) Dimenoxadol; (17) Dimethylthiambutene; (18) Dioxaphetyl butyrate; (19) Dipipanone; 43 TexReg 606 February 2, 2018 Texas Register

117 (20) Ethylmethylthiambutene; (21) Etonitazene; (22) Etoxeridine; (23) Furethidine; (24) Hydroxypethidine; (25) Ketobemidone; (26) Levophenacylmorphan; (27) Meprodine; (28) Methadol; (29) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4- piperidyl]-n- phenylpropanamide), its optical and geometric isomers; (30) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4- piperidinyl]-n- phenylpropanamide); (31) Moramide; (32) Morpheridine; (33) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (34) Noracymethadol; (35) Norlevorphanol; (36) Normethadone; (37) Norpipanone; (38) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]- propanamide); (39) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); (40) Phenadoxone; (41) Phenampromide; (42) Phencyclidine; (43) Phenomorphan; (44) Phenoperidine; (45) Piritramide; (46) Proheptazine; (47) Properidine; (48) Propiram; (49) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide); (50) Tilidine; and, (51) 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; (13) Methyldesorphine; (14) Methyldihydromorphine; (15) Monoacetylmorphine; (16) Morphine methylbromide; (17) Morphine methylsulfonate; (18) Morphine-N-Oxide; (19) Myrophine; (20) Nicocodeine; (21) Nicomorphine; (22) Normorphine; (23) Pholcodine; and (24) Thebacon. - Schedule I hallucinogenic substances 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 (Other names: etryptamine; Monase; alpha ethyl-1h-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-et; AET); (2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers; (3) 4-bromo-2,5-dimethoxyamphetamine (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)-1- aminoethane; alpha-desmethyl DOB); (5) 2,5-dimethoxyamphetamine (Other names: 2,5-dimethoxy- alphamethylphenethylamine; 2,5-DMA); (6) 2,5-dimethoxy-4-ethylamphetamine (Other names: DOET); (7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine, its optical isomers, salts and salts of isomers (Other names: 2C-T-7); (8) 5-methoxy-N,N-diisopropyltryptamine, its isomers, salts, and salts of isomers (Other names: 5-MeO-DIPT); (9) 5-methoxy-3,4-methylenedioxy-amphetamine; (10) 4-methoxyamphetamine (Other names: 4-methoxy-alphamethylphenethylamine; paramethoxyamphetamine; PMA); IN ADDITION February 2, TexReg 607

118 (11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP); (12) 4-methyl-2,5-dimethoxyamphetamine (Other names: 4-methyl- 2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP"); (13) 3,4-methylenedioxy-amphetamine; (14) 3,4-methylenedioxy-methamphetamine (Other names: MDMA, MDM); (15) 3,4-methylenedioxy-N-ethylamphetamine (Other names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA); (16) 3,4,5-trimethoxy amphetamine; (17) N-hydroxy-3,4-methylenedioxyamphetamine (Other names: N-hydroxy MDA); (18) 5-methoxy-N,N-dimethyltryptamine (Some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole (Other names: 5-MeO- DMT); (19) Bufotenine (Other names: 3-(beta-Dimethylaminoethyl)-5- hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy- N,N-dimethyltryptamine; mappine); (20) Diethyltryptamine (Other names: N,N Diethyltryptamine; DET); (21) Dimethyltryptamine (Other names: DMT); (22) Ethylamine Analog of Phencyclidine (Other names: N-ethyl-1- phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1- phenylcyclohexyl)-ethylamine; cyclohexamine; PCE); (23) Ibogaine (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-ethyl-3-piperidyl benzilate; (28) N-methyl-3-piperidyl benzilate (29) Parahexyl (Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl); (30) 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; (31) Psilocybin; (32) Psilocin; (33) Pyrrolidine analog of phencyclidine (Other names: 1-(1 phenylcyclohexyl)-pyrrolidine, PCPy, PHP); (34) 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: 1 cis or trans tetrahydrocannabinol, and their optical isomers; 6 cis or trans tetrahydrocannabinol, and their optical isomers; 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.); (35) Thiophene analog of phencyclidine (Other names: 1-[1-(2- thienyl) cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP); (36) 1-[1-(2 thienyl)cyclohexyl]pyrrolidine (Other names: TCPy); (37) 4-methylmethcathinone (Other names: 4-methyl-N-methylcathinone; mephedrone); (38) 3,4-methylenedioxypyrovalerone (MDPV); (39) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other names: 2C-E); (40) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other names: 2C-D); (41) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other names: 2C-C); (42) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (Other names: 2C-I); (43) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other names: 2C-T-2); (44) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other names: 2C-T-4); (45) 2-(2,5-Dimethoxyphenyl)ethanamine (Other names:2c-h); (46) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other names: 2C-N); (47) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other names: 2C-P); (48) 3,4-Methylenedioxy-N-methylcathinone (Other names: Methylone); (49) (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); (50) [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); (51) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other names: APINACA, AKB48); (52) 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); (53) 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); (54) 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); (55) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA); (56) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe; 2CI-NBOMe; 25I; Cimbi-5); 43 TexReg 608 February 2, 2018 Texas Register

119 (57) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); (58) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36); *(59) Marihuana Extract Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant; *(60) 4-methyl-N-ethylcathinone (4-MEC); *(61) 4-methyl-alpha- pyrrolidinopropiophenone (4-MePPP); *(62) alpha-pyrrolidinopentiophenone ([alpha]-pvp); *(63) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone, bk-mbdb e); *(64) 2-(methylamino)-1-phenylpentan-1-one (pentedrone); *(65) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone, bk-mbdp); *(66) 4-fluoro-N-methylcathinone (4-FMC, flephedrone); *(67) 3-fluoro-N-methylcathinone (3-FMC); *(68) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone); *(69) alpha-pyrrolidinobutiophenone ([alpha]-pbp); *(70) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other names:"ab-chmi- NACA''); *(71) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (Other names: "AB-PINACA''); and *(72) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1- yl)methanone (Other names:"thj-2201''). - 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 (Other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro- 5-phenyl-2-oxazolamine); (2) N-benzylpiperazine (Other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers; (3) Cathinone (Other names: 2-amino-1-phenyl-1-propanone; alphaaminopropiophenone; 2-aminopropiophenone and norephedrone); (4) Fenethylline; (5) Methcathinone (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); (6) 4-methylaminorex; (7) N-ethylamphetamine; and (8) N,N dimethylamphetamine (Other names: N,N-alpha trimethylbenzene-ethaneamine; N,N-alpha trimethylphenethylamine). -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 isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Gamma-hydroxybutyric acid (other names: GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate); (2) Mecloqualone; and (3) Methaqualone. - 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); (6) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); (7) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (Other names: JWH-200); (8) 1-pentyl-3-(2-methoxyphenylacetyl)indole (Other names: JWH-250); (9) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (Other names: JWH- 081); IN ADDITION February 2, TexReg 609

120 (10)1-pentyl-3-(4-methyl-1-naphthoyl)indole (Other names: JWH-122); (11)1-pentyl-3-(4-chloro-1-naphthoyl)indole (Other names: JWH- 398); (12) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (Other names: AM2201); (13) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (Other names: AM694); (14) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (Other names: SR-19 and RCS-4); (15) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (Other names: SR-18 and RCS-8); and, (16) 1-pentyl-3-(2-chlorophenylacetyl)indole (Other names: JWH- 203). - 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) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (Other names: acryl fentanyl or acryloylfentanyl); (2) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (common names: MAB-CHMI- NACA and ABD-CHMINACA); (3) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide (Other name: butyryl fentanyl); (4) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylproprionamide, also known as N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4- piperidnyl]-n-phenylpropanamide (Other name: beta-hydroxythiofentanyl); (5) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (Other name: U47700); (6) N-(1-phenethylpiperdin-4-yl)-N-phenylfuran-2-carboxamide (Other name: Furanyl fentanyl); *(7) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate (Other names: 5F-ADB; 5F-MDMB-PINACA); *(8) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3- methylbutanoate (Other names: 5F-AMB); *(9) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other names: 5F-APINACA, 5F-AKB48; *(10) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other names: ADB-FUBINACA); *(11) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB-CHMICA, MMB-CHMINACA); *(12) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate (Other names: MDMB-FUBINACA); *(13) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other names: 4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl); *(14) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (Other names: ortho-fluorofentanyl, 2-fluorofentanyl); *(15) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (Other name: tetrahydrofuranyl fentanyl); *(16) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: methoxyacetyl fentanyl); and, *(17) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (Other names: FUB-AMB, MMB-FUBI- NACA, AMB-FUBINACA). 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: (1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, *naldemidine, naloxegol, naloxone and its salts, naltrexone and its salts, and nalmefene and its salts, but including: (1-1) Codeine; (1-2) Dihydroetorphine; (1-3) Ethylmorphine; (1-4) Etorphine hydrochloride; (1-5) Granulated opium; (1-6) Hydrocodone; (1-7) Hydromorphone; (1-8) Metopon; (1-9) Morphine; (1-10) Opium extracts; (1-11) Opium fluid extracts; (1-12) Oripavine; (1-13) Oxycodone; (1-14) Oxymorphone; (1-15) Powdered opium; (1-16) Raw opium; (1-17) Thebaine; and, (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; (4) Cocaine, including: (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 sub- 43 TexReg 610 February 2, 2018 Texas Register

121 stance 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 (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; (4) Bezitramide; (5) Carfentanil; (6) Dextropropoxyphene, bulk (nondosage form); (7) Dihydrocodeine; (8) Diphenoxylate; (9) Fentanyl; (10) Isomethadone; (11) Levo-alphacetylmethadol (some trade or other names: levo-alphaacetylmethadol, levomethadyl acetate, LAAM); (12) Levomethorphan; (13) Levorphanol; (14) Metazocine; (15) Methadone; (16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane; (17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid; (18) Pethidine (meperidine); (19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; (20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; (22) Phenazocine; (23) Piminodine; (24) Racemethorphan; (25) Racemorphan; (26) Remifentanil; (27) Sufentanil; (28) Tapentadol; and, (29) Thiafentanil (4-(methoxycarbonyl)-4-(N-phenmethoxyacetamido)-1-[2-(thienyl)ethyl]piperadine). - Schedule II stimulants Unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section , a material, compound, mixture, or preparation that contains any quantity 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); and, *(2) Dronabinol in oral solution in drug products approved for marketing by the United States Food and Drug Administration. - 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: (1-1) Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine; (2) Immediate precursor to amphetamine and methamphetamine: (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 IN ADDITION February 2, TexReg 611

122 Unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section , 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) 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; (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 Unless specifically excepted or unless listed in another schedule: (1) a material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any of their salts: (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, (2) any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts: (2-1) Buprenorphine. - Schedule III 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 the substance's isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Benzphetamine; (2) Chlorphentermine; (3) Clortermine; and, (4) Phendimetrazine. - 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 (1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane; (1-2) 3 alpha,17 beta -dihydroxy-5 alpha-androstane; (2) androstanedione (5 alpha-androstan-3,17-dione); (3) androstenediol (3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1- ene); (3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1- ene); (3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene); (3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene); (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-4- en-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-4- en-3-one); 43 TexReg 612 February 2, 2018 Texas Register

123 (9) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one); (10) dehydrochloromethyltestosterone (4-chloro-17 beta-hydroxy-17alpha-methyl-androst-1,4-dien-3-one); (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-2- en-17[beta]-ol; madol); (13) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one); (14) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan- 3-one); (15) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene); (16) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one); (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; (20) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one); (21) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3- one); (22) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one); (23) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one); (24) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4- dien-3-one); (25) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5- ene); (26) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3- one); (27) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane; (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); (33) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11- trien-3-one); (34) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4- en-3-one); (35) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en- 3-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-1- testosterone'); (37) nandrolone (17 beta-hydroxyestr-4-en-3-one); (38) norandrostenediol-- (38-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene); (38-2) 19-nor-4-androstenediol (3 alpha, 17 beta-dihydroxyestr-4-ene); (38-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene); (38-4) 19-nor-5-androstenediol (3 alpha, 17 beta-dihydroxyestr-5-ene); (39) norandrostenedione (39-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione); (39-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione; (40) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17- dione); (41) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en- 3-one); (42) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one); (43) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3- one); (44) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3- one); (45) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]- androstan-3-one); (46) oxymesterone (17 alpha-methyl-4,17 beta-dihydroxyandrost-4-en-3-one); (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]-androst- 2-eno[3,2-c]-pyrazole); (49) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3- one); (50) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17- oic 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. - Schedule III hallucinogenic substances (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,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6hdibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol). SCHEDULE IV Schedule IV consists of: - Schedule IV depressants Except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section , a material, compound, mixture, or IN ADDITION February 2, TexReg 613

124 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; (7) Chloral hydrate; (8) Chlordiazepoxide; (9) Clobazam; (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; (33) Meprobamate; (34) Methohexital; (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; (50) Tetrazepam; (51) Triazolam; (52) Zaleplon; (53) Zolpidem; and, (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 isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Cathine [(+) norpseudoephedrine]; (2) Diethylpropion; (3) Fencamfamin; (4) Fenfluramine; (5) Fenproporex; (6) Mazindol\; (7) Mefenorex; (8) Modafinil; (9) Pemoline (including organometallic complexes and their chelates); (10) Phentermine; (11) Pipradrol; (12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and (13) Sibutramine. - 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 -diphenyl- 3-methyl-2-propionoxybutane); and, (3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol (other name: tramadol). - 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; 43 TexReg 614 February 2, 2018 Texas Register

125 (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, (5) Pentazocine, its salts, derivatives, compounds, or mixtures. SCHEDULE V Schedule V consists of: - Schedule V narcotics containing non-narcotic active medicinal ingredients 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 100grams; (2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 15 milligrams of opium per milliliters or per grams; and, (6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. - Schedule V stimulants 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: (1) Pyrovalerone. - 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) Brivaracetam ((2S0-2-[(4R0-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (Other names; BRV, UCB-34714, and Briviact); (2) Ezogabine including its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible; (3) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-proprionamide]; and, (4) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]. Changes are designated by an asterisk (*) TRD Barbara L. Klein Interim General Counsel Department of State Health Services Filed: January 24, 2018 Texas Department of Housing and Community Affairs 2017 HOME Single Family Programs HBA and TBRA General Set-Aside Notice of Funding Availability HOME Investment Partnerships Program ("HOME") CFDA # The Texas Department of Housing and Community Affairs (the "Department") announces an initial Notice of Funding Availability ("NOFA") of approximately $6,407,742 in HOME funds for HBA and TBRA programs under the general set-aside. The availability and use of these funds are subject to the HOME rules including, but not limited to, the following: Texas Administrative Code ("TAC") rules in effect at the time of contract execution, Title 10, Part 1, Chapters 1, 2, 20, 21, and 23 ("State HOME Rules"); and Tex. Gov't Code Chapter Other federal and state regulations include but are not limited to, 24 CFR Part 58 for environmental requirements; 2 CFR Part 200 for Uniform Administrative Requirements; 24 CFR for Section 3 requirements; 24 CFR Part 5, Subpart A for fair housing; and 24 CFR Part 92 ("Federal HOME Rules"); and for units of government the Uniform Grant Management Standards ("UGMS") as set forth in Texas Local Government Code Chapter 783. Applicants must familiarize themselves and comply with all of the applicable state and federal rules that govern the HOME Program. All Application materials including manuals, this NOFA, program guidelines, and applicable HOME rules are available on the Department's website at For questions regarding this NOFA, please contact Jaclyn Pryll, HOME Production Coordinator for the HOME and Homelessness Programs Division, at (512) or via at HOME@tdhca.state.tx.us. TRD Timothy K. Irvine Executive Director Texas Department of Housing and Community Affairs Filed: January 24, HOME Single Family Programs HRA General Set-Aside Notice of Funding Availability HOME Investment Partnerships Program ("HOME") CFDA # The Texas Department of Housing and Community Affairs (the "Department") announces an initial Notice of Funding Availability ("NOFA") of approximately $7,831,686 in HOME funds for HRA under the general set-aside. All Application materials including manuals, this NOFA, program guidelines, and applicable HOME rules are available on the Department's website at For questions regarding this NOFA, please contact Jaclyn Pryll, HOME Production Coordinator for the HOME and Homelessness Programs Division, at (512) or via at HOME@tdhca.state.tx.us. IN ADDITION February 2, TexReg 615

126 TRD Timothy K. Irvine Executive Director Texas Department of Housing and Community Affairs Filed: January 24, 2018 Notice of Public Comment Period on a Draft Substantial Amendment of the State of Texas Consolidated Plan The Texas Department of Housing and Community Affairs ("TD- HCA") will hold a 30-day public comment period from Friday, January 19, 2018, through 5:00 p.m. Austin local time on Monday, February 19, 2018, to obtain public comment on a draft substantial amendment of the State of Texas Consolidated Plan ("Plan"). The purpose of this draft substantial amendment to the Plan is to add two new goals and activities for the Housing Opportunities for Persons with AIDS Program ("HOPWA"). Written comments may be submitted to Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas , by to the following address: info@tdhca.state.tx.us, or by fax to (512) The full text of the draft substantial amendment of the Plan may be viewed at the Department's website: The public may also receive a copy of the Plan by contacting TDHCA's Housing Resource Center at (512) TRD Timothy K. Irvine Executive Director Texas Department of Housing and Community Affairs Filed: January 24, 2018 Texas Department of Insurance Company Licensing Application to do business in the state of Texas for UNITEDHEALTH- CARE INSURANCE COMPANY OF THE RIVER VALLEY, a foreign life, accident and/or health company. The home office is in Moline, Illinois. Application to do business in the state of Texas for CLOVER HMO OF NEW JERSEY INC., a foreign Health Maintenance Organization (HMO). The home office is in Jersey City, New Jersey. Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Jeff Hunt, 333 Guadalupe Street, MC 305-2C, Austin, Texas TRD Norma Garcia General Counsel Texas Department of Insurance Filed: January 24, 2018 Texas Lottery Commission Scratch Ticket Game Number 2033 "High Roller" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No is "HIGH ROLLER". The play style is "key number match". 1.1 Price of Scratch Ticket Game. A. Tickets for Scratch Ticket Game No shall be $5.00 per Scratch Ticket. 1.2 Definitions in Scratch Ticket Game No A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear. 43 TexReg 616 February 2, 2018 Texas Register

127 B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket. 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: 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, SPADE SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $250, $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: IN ADDITION February 2, TexReg 617

128 43 TexReg 618 February 2, 2018 Texas Register

129 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: F. 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) 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. G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2033), 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: H. Pack - A Pack of "HIGH ROLLER" Scratch Ticket Games contains 075 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack. I. Non-Winning 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. J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "HIGH ROLLER" Scratch Ticket Game No Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule , Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "HIGH ROLLER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. The player must scratch the entire play area to reveal 5 WINNING NUMBERS Play Symbols and 20 YOUR NUMBERS Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUM- BERS Play Symbols, the player wins the prize for that number. If the IN ADDITION February 2, TexReg 619

130 player reveals a "Spade" Play Symbol, the player wins DOUBLE the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket. 2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. Exactly 45 (forty-five) 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; 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; 10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner; 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; 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; 13. The Scratch Ticket must be complete and not miscut, and have exactly 45 (forty-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; 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; 15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures; 17. Each of the 45 (forty-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 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. A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns of either Play Symbols or Prize Symbols. B. A Ticket will win as indicated by the prize structure. C. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $100,000 will each appear at least once, excluding Tickets winning twenty (20) times. D. A Ticket can win up to twenty (20) times. E. No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket. F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket. G. No matching WINNING NUMBERS Play Symbols will appear on a Ticket. H. YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 15 and $15, 20 and $20, 50 and $50). I. On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins. J. On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol. K. The "SPADE" (DBL) Play Symbol will never appear as a WIN- NING NUMBERS Play Symbol. L. The "SPADE" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol. M. The "SPADE" (DBL) Play Symbol will only appear once on a Ticket. N. The "SPADE" (DBL) Play Symbol will never appear on a Non- Winning Ticket. 2.3 Procedure for Claiming Prizes. A. To claim a "HIGH ROLLER" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100, $250 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, 43 TexReg 620 February 2, 2018 Texas Register

131 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, $250 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 "HIGH ROLLER" 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 "HIGH ROLLER" 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 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 ; 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. 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. 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 "HIGH ROLLER" 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 "HIGH ROLLER" 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 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. 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 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. 4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in the Scratch Ticket Game No The approximate number and value of prizes in the game are as follows: IN ADDITION February 2, TexReg 621

132 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 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 Ticket Game Rules. See 16 TAC (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. 2033, 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 Bob Biard General Counsel Texas Lottery Commission Filed: January 23, 2018 Scratch Ticket Game Number 2081 "Double Bonus Crossword" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No is "DOUBLE BONUS CROSSWORD". The play style is "crossword". 1.1 Price of Scratch Ticket Game. A. The price for Scratch Ticket Game No shall be $3.00 per Scratch Ticket. 1.2 Definitions in Scratch Ticket Game No A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket. 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: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, BLACKENED SQUARE SYMBOL, $3.00, $5.00, $10.00, $20.00, $50.00 and $100. D. Play Symbol Caption- the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. Crossword and Bingo style games do not typically have Play Symbol Captions. The 43 TexReg 622 February 2, 2018 Texas Register

133 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: IN ADDITION February 2, TexReg 623

134 F. 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) 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. G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2081), 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: H. Pack - A Pack of "DOUBLE BONUS CROSSWORD" Scratch Ticket Game contain 125 Tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 125 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other book will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 125 will be shown on the back of the Pack. I. 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. J. Scratch Ticket Game, Scratch Ticket, or Ticket - A Texas Lottery "DOUBLE BONUS CROSSWORD" Scratch Ticket Game No Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule , Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "DOUBLE BONUS CROSSWORD" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose up to 153 (one hundred fifty-three) possible Play Symbols. The player must scratch all of the 20 YOUR LETTERS. The player then scratches all the letters found in the DOUBLE BONUS CROSSWORD puzzle that exactly match the YOUR LETTERS. If the player has scratched at least 3 complete WORDS, the player wins the prize found in the PRIZE LEGEND. Only one prize paid in the DOUBLE BONUS CROSSWORD puzzle. Only letters within the DOUBLE BONUS CROSSWORD puzzle that are matched with the YOUR LETTERS can be used to form a complete WORD. In the DOUBLE BONUS CROSSWORD puzzle, every lettered square within an unbroken horizontal (left to right) or vertical (top to bottom) sequence must be matched with the YOUR LETTERS to be considered a complete WORD. Words revealed in a diagonal sequence are not considered valid WORDS. Words within WORDS are not eligible for a prize. A complete WORD must contain at least three letters. BONUS WORD 1 & 2: The player must scratch each letter in BONUS WORD 1 and BONUS WORD 2 that exactly match the YOUR LETTERS. If the player scratches a complete BONUS WORD, the player wins the PRIZE for that BONUS WORD. A completed BONUS WORD cannot be used to win in the DOUBLE BONUS CROSSWORD puzzle. The DOUBLE BONUS CROSS- WORD puzzle and each BONUS WORD are 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 Game. 2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. One hundred fifty-three (153) possible 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; 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; 10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner; 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; 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; 13. The Scratch Ticket must be complete and not miscut, and have exactly 153 (one hundred fifty-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 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; 15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 153 (one hundred fifty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures; 17. Each of the 153 (one hundred fifty-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; 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 43 TexReg 624 February 2, 2018 Texas Register

135 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. A. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of Play Symbols. B. GENERAL: A Ticket will win as indicated by the prize structure. C. GENERAL: Each Ticket consists of a DOUBLE BONUS CROSS- WORD puzzle grid, a YOUR LETTERS play area and two (2) BONUS WORD play areas. D. GENERAL: The DOUBLE BONUS CROSSWORD puzzle grid will be formatted with at least one thousand (1,000) configurations (i.e., puzzle layouts not including words). E. GENERAL: All DOUBLE BONUS CROSSWORD puzzle grid configurations will be formatted within a grid that contains eleven (11) spaces (height) by eleven (11) spaces (width). F. GENERAL: Each word will appear only once per Ticket on the DOUBLE BONUS CROSSWORD puzzle grid. G. GENERAL: Each letter will only appear once per Ticket in the YOUR LETTERS play area. H. GENERAL: Each DOUBLE BONUS CROSSWORD puzzle grid will contain the following: (a) 4 sets of 3 - letter words, (b) 5 sets of 4 - letter words, (c) 3 sets of 5 - letter words, (d) 3 sets of 6 - letter words, (e) 1 set of 7 - letter words, (f) 2 sets of 8 - letter words and (g) 1 set of 9 - letter words. I. GENERAL: There will be a minimum of three (3) vowels in the YOUR LETTERS play area. Vowels are A, E, I, O and U. J. GENERAL: The length of words found in the DOUBLE BONUS CROSSWORD puzzle grid will range from three (3) to nine (9) letters. K. GENERAL: Only words from the approved word list will appear in the DOUBLE BONUS CROSSWORD puzzle grid. (Texas_Bonus_v2_2July2015.doc) L. GENERAL: None of the prohibited words (Texas_Prohibited_v5_30November2017.doc) will appear horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area. In addition, when all rows of the YOUR LETTERS are joined together into a single continuous row of letters (first row, followed by second row, etc.), none of the prohibited words will appear in either the forward or reverse direction. M. GENERAL: A player will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area that matches a word in the DOUBLE BONUS CROSSWORD puzzle grid. N. GENERAL: Each DOUBLE BONUS CROSSWORD puzzle grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted DOUBLE BONUS CROSSWORD puzzle grids (i.e., the same puzzle grid), all "approved words" will appear in every logical (i.e., 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e., this will not place the word "ZOO" in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position). O. GENERAL: Each letter, with the exception of vowels, will appear no more than nine (9) times in the DOUBLE BONUS CROSSWORD puzzle grid. P. GENERAL: No Ticket will match eleven (11) words or more on the DOUBLE BONUS CROSSWORD puzzle grid. Q. BONUS WORD 1 & 2: The two (2) BONUS WORDS will always be five (5) letters and will never be the same as any word in the DOU- BLE BONUS CROSSWORD puzzle grid. R. BONUS WORD 1 & 2: The two (2) BONUS WORDS on a Ticket will be different. S. BONUS WORD 1 & 2: The BONUS WORD will never contain more than one (1) of each letter (i.e., "KITTY"). T. BONUS WORD 1 & 2: On Tickets that do not win with either BONUS WORD, a minimum of two (2) letters in each of BONUS WORD 1 and BONUS WORD 2 will be revealed by the YOUR LET- TERS. U. WINNING TICKETS: A maximum of three (3) prizes paid per Ticket. V. WINNING TICKETS: Three (3) to ten (10) completed words will be revealed as per the prize structure. W. WINNING TICKETS: On Tickets winning with one (1) BONUS WORD, the non-winning DOUBLE BONUS CROSSWORD puzzle grid will reveal exactly one (1) completed word (to avoid player confusion with the prize legend). On Tickets winning with both BONUS WORDS, the non-winning puzzle grid will reveal zero (0) completed words. X. NON-WINNING TICKETS: Sixteen (16) to eighteen (18) YOUR LETTERS will open at least one (1) letter in the DOUBLE BONUS CROSSWORD puzzle grid. 2.3 Procedure for Claiming Prizes. A. To claim a "DOUBLE BONUS CROSSWORD" Scratch Ticket Game prize of $3.00, $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 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 "DOUBLE BONUS CROSSWORD" Scratch Ticket Game prize of $5,000 or $50,000, 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 IN ADDITION February 2, TexReg 625

136 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 "DOUBLE BONUS CROSS- WORD" 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 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 DOUBLE BONUS CROSSWORD to a state agency and that delinquency is reported to the Comptroller under Government Code ; 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. 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. 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 "DOUBLE BONUS CROSSWORD" 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 "DOUBLE BONUS CROSSWORD" 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 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. 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 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. 4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 35,040,000 Scratch Tickets in Scratch Ticket Game No The approximate number and value of prizes in the game are as follows: 43 TexReg 626 February 2, 2018 Texas Register

137 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 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 closing procedures and the Scratch Ticket Game Rules. See 16 TAC (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. 2081, 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 Bob Biard General Counsel Texas Lottery Commission Filed: January 23, 2018 Scratch Ticket Game Number 2084 "Mega Loteria" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No is "MEGA LOTERIA". The play style is "row/column/diagonal". 1.1 Price of Scratch Ticket Game. A. The price for Scratch Ticket Game No shall be $10.00 per Scratch Ticket. 1.2 Definitions in Scratch Ticket Game No A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket. 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: THE MOCKINGBIRD SYMBOL, THE CACTUS SYMBOL, THE STRAWBERRY SYMBOL, THE ROADRUNNER SYMBOL, THE BAT SYMBOL, THE PIÑATA SYMBOL, THE COWBOY SYM- BOL, THE NEWSPAPER SYMBOL, THE SUNSET SYMBOL, THE COWBOY HAT SYMBOL, THE COVERED WAGON SYMBOL, THE MARACAS SYMBOL, THE LONE STAR SYMBOL, THE CORN SYMBOL, THE HEN SYMBOL, THE SPEAR SYMBOL, THE GUITAR SYMBOL, THE FIRE SYMBOL, THE MORTAR PESTLE SYMBOL, THE WHEEL SYMBOL, THE PECAN TREE SYMBOL, THE JACKRABBIT SYMBOL, THE BOAR SYMBOL, THE ARMADILLO SYMBOL, THE LIZARD SYMBOL, THE CHILE PEPPER SYMBOL, THE HORSESHOE SYMBOL, THE HORSE SYMBOL, THE SHOES SYMBOL, THE BLUEBONNET SYMBOL, THE CHERRIES SYMBOL, THE OIL RIG SYMBOL, THE MOONRISE SYMBOL, THE RATTLESNAKE SYMBOL, THE WINDMILL SYMBOL, THE SPUR SYMBOL, THE SADDLE SYMBOL, THE GEM SYMBOL, THE DESERT SYMBOL, THE SOCCERBALL SYMBOL, THE FOOTBALL SYMBOL, THE COW SYMBOL, THE BICYCLE SYMBOL, THE RACE CAR SYMBOL, THE BUTTERFLY SYMBOL, THE CARDINAL SYMBOL, THE SHIP SYMBOL, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00, $100, $200, $500, $1,000 and $5,000. 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 ADDITION February 2, TexReg 627

138 in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: 43 TexReg 628 February 2, 2018 Texas Register

139 IN ADDITION February 2, TexReg 629

140 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: F. 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) 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. 43 TexReg 630 February 2, 2018 Texas Register

141 G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2084), 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: H. Pack - A Pack of the "MEGA LOTERIA" Scratch Ticket Game contains 050 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed. I. 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. J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "MEGA LOTERIA" Scratch Ticket Game No Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule , Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "EGA LOTERIA"Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 72 (seventy-two) Play Symbols. PLAYBOARDS 1 & 2: 1) The player scratches the CALLER'S CARD area to reveal 28 symbols. 2) The player scratches ONLY the symbols on both PLAYBOARDS that exactly match the symbols revealed on the CALLER'S CARD. 3) If the player reveals a complete row, column or diagonal line on either PLAY- BOARD, the player wins the PRIZE for that line. BONUS GAMES: The player scratches ONLY the symbols on the BONUS GAMES that exactly match the symbols revealed on the CALLER'S CARD. If the player reveals both symbols in any one GAME, the player wins the PRIZE for that GAME. TABLAS DE JUEGO: 1) El jugador raspa la CARTA DEL GRITÓN para revelar 28 símbolos. 2) El jugador raspa SOLAMENTE los símbolos en las dos TABLAS DE JUEGO que son exactamente iguales a los símbolos revelados en la CARTA DEL GRITÓN. 3) Si el jugador revela una línea completa horizontal, vertical o diagonal en cualquiera TABLA DE JUEGO, el jugador gana el PREMIO para esa línea. JUEGOS DE BONO: El jugador raspa SOLA- MENTE los símbolos de los JUEGOS DE BONO que son exactamente iguales a los símbolos revelados en la CARTA DEL GRITÓN. Si el jugador revela los 2 símbolos en cualquier JUEGO, el jugador gana el PREMIO para ese JUEGO. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket. 2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. Exactly 72 (seventy-two) 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; 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; 10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner; 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; 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; 13. The Scratch Ticket must be complete and not miscut, and have exactly 72 (seventy-two) 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; 15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 72 (seventy-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures; 17. Each of the 72 (seventy-two) 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. IN ADDITION February 2, TexReg 631

142 A. GENERAL: A Ticket can win up to eight (8) times in accordance with the approved prize structure. B. GENERAL: Adjacent Non-Winning Tickets within a Pack will not have matching Play Symbol patterns. Two (2) Tickets have matching Play Symbol patterns if they have the same Play Symbols in the same spots. C. PLAYBOARDS/TABLAS DE JUEGO: No matching Play Symbols in the CALLER'S CARD/CARTA DEL GRITÓN play area. D. PLAYBOARDS/TABLAS DE JUEGO: At least fourteen (14) but no more than twenty-six (26) Play Symbols will match a Play Symbol on either PLAYBOARD/TABLA DE JUEGO play area. E. PLAYBOARDS/TABLAS DE JUEGO: CALLER'S CARD/CARTA DEL GRITÓN Play Symbols will have a random distribution on the Ticket, unless restricted by other parameters, play action or prize structure. F. PLAYBOARDS/TABLAS DE JUEGO: No matching Play Symbols are allowed on the same PLAYBOARD/TABLA DE JUEGO play area. G. BONUS GAMES/JUEGOS DE BONO: Every BONUS GAME/JUEGO DE BONO Grid will match at least one (1) Play Symbol to the CALLER'S CARD/CARTA DEL GRITÓN play area. 2.3 Procedure for Claiming Prizes. A. To claim a "MEGA LOTERIA" Scratch Ticket Game prize of $10.00, $15.00, $20.00, $30.00, $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, 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 $30.00, $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 "MEGA LOTERIA" Scratch Ticket Game prize of $1,000, $5,000 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 shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "MEGA LOTERIA" 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 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 ; 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. 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. 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 "MEGA LOTERIA" 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 "MEGA LOTERIA" 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 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. 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. 43 TexReg 632 February 2, 2018 Texas Register

143 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 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. 4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 26,040,000 Scratch Tickets in Scratch Ticket Game No The approximate number and value of prizes in the game are as follows: 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 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 closing procedures and the Instant Game Rules. See 16 TAC (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. 2084, 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 Bob Biard General Counsel Texas Lottery Commission Filed: January 22, 2018 Panhandle Regional Planning Commission Legal Notice The Panhandle Regional Planning Commission (PRPC) is seeking quotes for comprehensive child development curricula suitable for use in a regulated day-care setting. The curricula should cover the learning domains clearly in each learning activity of Health and Well-being, Social and Emotional, Language and Communication, and Cognitive Development for Infants and Toddlers; and Social and Emotional, Language and Communication, Emergent Literacy-Reading and Writing, Mathematics, Science, Social Studies, Fine Arts, Health and Well-being and Technology for Preschoolers. All kits/components, at a minimum, must meet associated Texas Rising Star (TRS) Provider Certification guidelines. A copy of the Request for Quotes (RFQ) can be obtained Monday through Friday, 8:00 a.m. to 5:00 p.m., at 415 Southwest Eighth Ave., Amarillo, Texas or by contacting Leslie Hardin, PRPC's Workforce Development Contracts Coordinator at (806) or lhardin@theprpc.org. Proposals must be received at PRPC by 3:00 p.m. on Friday, February 23, TRD Leslie Hardin WFD Contracts Coordinator Panhandle Regional Planning Commission Filed: January 19, 2018 IN ADDITION February 2, TexReg 633

144 Public Utility Commission of Texas Notice of Application for Retail Electric Provider Certification Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 12, 2018, for retail electric provider certification, under Public Utility Regulatory Act Docket Title and Number: Application of GridPlus Texas Inc. for a Retail Electric Provider Certificate, Docket Number Application: GridPlus Texas Inc. filed an application for an option 1 certificate to provide retail electric services in the geographic areas of the Electric Reliability Council of Texas. Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All inquiries should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 22, 2018 Notice of Application for Retail Electric Provider Certification Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 18, 2018, for retail electric provider certification, under Public Utility Regulatory Act Docket Title and Number: Application of Talen Energy Marketing, LLC for a Retail Electric Provider Certificate, Docket Number Application: Talen Energy Marketing, LLC filed an application for an option 1 certificate to provide retail electric services throughout the state of Texas. Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All inquiries should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 22, 2018 Notice of Application for Sale, Transfer or Merger Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 18, 2018, pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann and Docket Style and Number: Joint Application of Rayburn Country Electric Cooperative and Trinity Valley Electric Cooperative to Transfer Certificate Rights to Facilities in Anderson, Kaufman, and Van Zandt Counties, Docket Number The Application: Rayburn Country Electric Cooperative and Trinity Valley Electric Cooperative filed an application for approval of the transfer of certificate of convenience and necessity rights to existing transmission line segments in Anderson, Kaufman, and Van Zandt Counties. Persons wishing to intervene or comment on the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to by mail at P. O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed: January 23, 2018 Notice of Application for Service Area Exception Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 17, 2018, to amend a certificate of convenience and necessity for a service area exception within Lamb County. Docket Style and Number: Joint Application of Lamb County Electric Coop, Inc., and Southwestern Public Service Company to amend a Certificate of Convenience and Necessity for a Service Area Exception in Lamb County. Docket Number The Application: Lamb County Electric Coop, Inc. (LCEC) filed an application for a service area boundary exception to allow LCEC to provide service to a specific customer located within the certificated service area of Southwestern Public Service Company (SPS). SPS has provided an affidavit of relinquishment for the proposed change. Persons wishing to comment on the action sought or intervene should contact the commission no later than February 16, 2018, by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed: January 23, 2018 Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 5, 2018, to amend a certificate of convenience and necessity (CCN) for a proposed transmission line in Fannin and Hunt Counties. Docket Style and Number: Application of Rayburn Country Electric Cooperative to Amend Certificate of Convenience and Necessity for 43 TexReg 634 February 2, 2018 Texas Register

145 the Lower Bois D'Arc Water Treatment Plant kv Transmission Line Project in Fannin and Hunt Counties, Docket Number The Application: Rayburn Country Electric Cooperative, Inc. filed an application to amend its CCN for a proposed 138-kV transmission line in Fannin and Hunt Counties. The facilities include construction of a new 138-kV transmission line on steel and concrete single-pole structures. The estimated cost of the routing options range from approximately $8.8 million to $12.3 million depending on the final route selected. The proposed project is presented with 15 alternative routes and ranges in length from approximately to miles. The Commission may approve any of the routes or route segments presented in the application. Persons wishing to intervene or comment on the action sought should contact the commission by mail at P. O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) The deadline for intervention in this proceeding is February 19, Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 22, 2018 Notice of Application to Amend a Service Provider Certificate of Operating Authority Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 18, 2018, in accordance with Public Utility Regulatory Act Docket Title and Number: Application of Network USA, LLC to Amend a Service Provider Certificate of Operating Authority, Docket Number Applicants seek to amend service provider certificate of operating authority number to reflect a change in ownership and control. Applicants request approval to consummate a transaction where Conterra Ultra Broadband Holdings, Inc., will acquire control of Network USA, LLC. Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas, , or by phone at (512) or toll free at no later than February 9, Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 23, 2018 Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on November 30, 2017, a petition to amend a certificate of convenience and necessity (CCN) by expedited release in Travis County. Docket Style and Number: Petition of Carma Easton LLC to Amend Creedmoor-Maha Water Supply Corporation's Certificate of Convenience and Necessity in Travis County by Expedited Release. Docket Number The Petition: Carma Easton LLC seeks the expedited release of two tracts, one that is acres (Parcel A) and the other that is acres (Parcel B) from Creedmoor-Maha's water CCN No in Travis County under Texas Water Code (a-5) and 16 Texas Administrative Code (l). Persons wishing to comment on the action sought should contact the commission no later than December 30, 2017, by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 23, 2018 Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on January 10, 2018, a petition to amend a water certificate of convenience and necessity (CCN) in Montgomery County by expedited release. Docket Style and Number: Petition of Terra Investments, LP to Amend Aqua Texas, Inc's Water Certificate of Convenience and Necessity in Montgomery County by Expedited Release, Docket Number The Petition: Terra Investments, LP's filed a petition for expedited release of approximately 3.28 acres of land within Aqua Texas Inc.'s water CCN No in Montgomery County under Texas Water Code (a-5) and 16 Texas Administrative Code (l). Persons wishing to comment on the action sought should contact the commission no later than February 9, 2018, by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 22, 2018 Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on January 10, 2018, a petition to amend a sewer certificate of convenience and necessity (CCN) in Montgomery County by expedited release. Docket Style and Number: Petition of Terra Investments, LP to Amend Aqua Texas, Inc's Sewer Certificate of Convenience and Necessity in Montgomery County by Expedited Release, Docket Number IN ADDITION February 2, TexReg 635

146 The Petition: Terra Investments, LP's filed a petition for expedited release of approximately acres of land within Aqua Texas Inc.'s sewer CCN No in Montgomery County under Texas Water Code (a 5) and 16 Texas Administrative Code (l). Persons wishing to comment on the action sought should contact the commission no later than February 9, 2018, by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: January 22, 2018 Texas Department of Transportation Notice of Award In accordance with Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation (department) publishes this notice of a consultant contract award for providing consulting services related to the department's outsourced IT services provider. Notice of the request for proposals was published in the August 25, 2017, issue of the Texas Register (42 TexReg 4357), TRD The consultant will provide analysis of services, selection, transition, and integration of a managed Information Technology outsourced services provider for the Texas Department of Transportation's (TxDOT) Information Management Division (IMD). The selected consultant for these services is The Boston Consulting Group, 2501 North Harwood, Suite 2200, Dallas, Texas The total value of the contract is $13,988, The contract was executed on January 18, 2018 and will continue through February 7, TRD Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: January 19, 2018 Public Notice - Aviation Pursuant to Transportation Code, , and Title 43, Texas Administrative Code, , the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects. For information regarding actions and times for aviation public hearings, please go to the following website: Or visit and under How Do I, choose Find Hearings and Meetings, then choose Hearings and Meetings, and then choose Schedule. Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) or (800) 68-PI- LOT. TRD Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: January 17, 2018 Request for Offer - Toll Operations Division Toll Operations Back-Office System - Offer No (NIGP Class-Item ) The Texas Department of Transportation (TxDOT) is soliciting enterprise software and services to provide transaction processing, billing and customer service interfaces that support electronic tolling collection (ETC), image or video tolling, as well as violations and collections processing. Reponses will be accepted from the publishers and owners of fully developed enterprise software, consisting of user-configurable Commercial Off-the-Shelf base packages and related modules. The preferred products shall be widely deployed in multiple industry segments and locales. TxDOT, through its Toll Operations Division and TxTag brand, currently manages 173 miles of all electronic tolling, fixed price toll roads throughout the state with 200 tolling points. TxDOT owns additional roadways in Texas currently managed by other agencies which are dynamically priced. Currently, approximately 305 million transactions are handled per year including interoperable roadways. Toll transactions from these roadways are billed to TxTag customers using vendor software modified to TxDOT requirements. TxTag main offices and operations are based in Austin, Texas. RFO Issuance Date: February 5, RFO Due Date and Time: March 1, 2018, at 3:00 p.m. Central Time Solicitation Documents: A complete set of solicitation documents for Request for Offer No will be available on the Electronic State Business Daily (ESBD) on February 5, The ESBD website is: NOTE: All information or changes related to this solicitation will be posted on the above website. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. Questions: Questions and inquiries regarding this RFO shall be submitted only to the Point of Contact at the address listed below. Point of Contact: Kevin McIntyre, CTPM - Purchaser TxDOT Procurement Division kevin.mcintyre@txdot.gov TRD Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: January 19, 2018 Texas Water Development Board Applications for January TexReg 636 February 2, 2018 Texas Register

147 Pursuant to Texas Water Code 6.195, the Texas Water Development Board provides notice of the following applications: Project ID #62515, a request from the City of Eldorado, P. O. Box 1725, Gladewater, TX , received September 25, 2017, for $1,200,000 in financing from the Drinking Water State Revolving Fund for planning, design, and construction of a new elevated storage tank and water distribution system improvements and a request for a waiver from the requirement to include funds to mitigate water loss as part of the project. Project ID #62759, a request from the Greater Texoma Utility Authority on behalf of the City of Princeton, 5100 Airport Dr., Denison, TX , received August 11, 2017, for $16,710,000 in financing from the Drinking Water State Revolving Fund for planning, acquisition, design, and construction of water system improvements. Project ID #62766, a request from the City of Llano, 301 W. Main, Llano, TX 78643, received October 2, 2017, for $890,000 in financing from the Drinking Water State Revolving Fund for construction of a water line replacement project. Project ID #73779, a request from the City of Llano, 301 W. Main, Llano, TX 78643, received October 2, 2017, for $3,390,000 in financing from the Clean Water State Revolving Fund for construction of wastewater system improvements. Project ID #73780, a request from the City of Llano, 301 W. Main, Llano, TX received October 2, 2017, for $738,000 in financial assistance consisting of $630,000 in financing and $108,000 in principal forgiveness from the Clean Water State Revolving Fund for construction of wastewater treatment plant facilities. Project ID #62784, a request from the Holiday Beach Water Supply Corporation, P. O. Box 807, Fulton, TX , received November 10, 2017, for $700,000 in principal forgiveness from the Drinking Water State Revolving Fund for planning, design, and construction of a Hurricane Harvey disaster recovery project. Project ID #62746, a request from the City of Ranger, 400 W. Main Street, Ranger, TX 76470, received March 27, 2017, for $1,729,300 in financial assistance, consisting of $990,000 in financing and $739,300 in principal forgiveness from the Drinking Water State Revolving Fund for planning, design, and construction of water system improvements. Project ID #73770, a request from Cypress Creek Utility District, c/o Sander Engineering Corp., 2901 Wilcrest Dr., Ste. 550, Houston, TX 77042, received August 16, 2017, for $2,970,000 in financial assistance from the Clean Water State Revolving Fund for planning, design, and construction of sanitary sewer system improvements. Project ID #62760, a request from the Cypress Creek Utility District, c/o Sander Engineering Corp., 2901 Wilcrest Dr., Ste. 550, Houston, TX 77042, received August 16, 2017, for $2,035,000 in financial assistance from the Drinking Water State Revolving Fund for planning, design and construction of water distribution system improvements and line repairs. Project ID #62616, a request from the City of Ladonia, P. O. Box 5, Ladonia, TX , received October 3, 2017, for $3,110,000 in financial assistance consisting of a $2,810,000 in financing and $300,000 in principal forgiveness from the Drinking Water State Revolving Fund for construction of water system improvements. Project ID #62779, a request from the Lake Texoma VFW Post 7873, c/o Elledge Engineering Corp., 2020 Lindbergh Dr., Tyler, TX 75703, received October 9, 2017, for $200,000 in principal forgiveness from the Drinking Water State Revolving Fund for planning, design, and construction of water system improvements. TRD Todd Chenoweth General Counsel Texas Water Development Board Filed: January 23, 2018 Notice of Public Hearing on Draft Amendments to the State Fiscal Year 2018 Clean and Drinking Water State Revolving Fund Intended Use Plans The Texas Water Development Board (TWDB) will conduct a public hearing on draft amendments to the State Fiscal Year (SFY) 2018 Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP) and SFY 2018 Drinking Water State Revolving Fund (DWSRF) IUP. The hearing will begin promptly at 10:00 a.m. on February 8, 2018, in Room 172 of the Stephen F. Austin Building at 1700 North Congress Avenue, Austin, Texas The CWSRF and DWSRF IUPs describe how the TWDB intends to use CWSRF and DWSRF program funds to support the overall goals of the programs. The draft amended SFY 2018 CWSRF and DWSRF IUPs have been prepared pursuant to rules adopted by the TWDB in 31 Texas Administrative Code Chapters 375 and 371 respectively. The amendments to the narrative section of the IUPs will cover, among other things, cross-collateralization of the CWSRF and DWSRF programs and leveraging the DWSRF program. Interested persons are encouraged to attend the hearing and to present comments concerning the draft amended IUPs. Those who cannot attend the hearing may provide comments through the following three alternative methods: (1) submit comments via the online comment page: (2) comments to the electronic mail address: iupcomments@twdb.texas.gov; or (3) submit written comments to the postal mail address: Mr. Mark Wyatt Director, Program Administration and Reporting Texas Water Development Board P.O. Box Austin, Texas The deadline for comments will be specified in the draft amended CWSRF and DWSRF IUPs, which will be available at the TWDB's website at and respectively. Please note that time limits on public comments may be imposed to allow all attendees to be heard. Persons with disabilities who plan to attend this meeting and need auxiliary aids or services are requested to contact Merry Klonower at (512) two (2) business days prior to the hearing so that appropriate arrangements can be made. TRD Todd Chenoweth General Counsel Texas Water Development Board Filed: January 23, 2018 IN ADDITION February 2, TexReg 637

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149 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 43 (2018) is cited as follows: 43 TexReg In order that readers may cite material more easily, page numbers are now written as citations. Example: on page 2 in the lowerleft hand corner of the page, would be written 43 TexReg 2 issue date, while on the opposite page, page 3, in the lower right-hand corner, would be written issue date 43 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: 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) 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 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; 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 (P)

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