Volume 42 Number 29 July 21, 2017 Pages

Transcription

1 Volume 42 Number 29 July 21, 2017 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 Requests for Opinions Requests for Opinions PROPOSED RULES OFFICE OF THE SECRETARY OF STATE ELECTIONS 1 TAC TEXAS JUDICIAL COUNCIL INDIGENT DEFENSE GRANTS 1 TAC TAC TAC TAC , INDIGENT DEFENSE GRANTS 1 TAC TAC TAC TAC , DEPARTMENT OF STATE HEALTH SERVICES HEALTH PROFESSIONS REGULATION 25 TAC TAC , , TAC , , TEXAS PARKS AND WILDLIFE DEPARTMENT OYSTERS, SHRIMP, AND FINFISH 31 TAC 58.21, WILDLIFE 31 TAC 65.83, TAC TEACHER RETIREMENT SYSTEM OF TEXAS CERTIFICATION BY COMPANIES OFFERING QUALIFIED INVESTMENT PRODUCTS 34 TAC TAC TEXAS DEPARTMENT OF CRIMINAL JUSTICE GENERAL PROVISIONS 37 TAC CORRECTIONAL INSTITUTIONS DIVISION 37 TAC TAC SPECIAL PROGRAMS 37 TAC DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS 40 TAC 711.3, 711.5, , , TAC TAC , , , , , TEXAS DEPARTMENT OF MOTOR VEHICLES VEHICLE TITLES AND REGISTRATION 43 TAC WITHDRAWN RULES OFFICE OF THE ATTORNEY GENERAL CHILD SUPPORT ENFORCEMENT 1 TAC TEACHER RETIREMENT SYSTEM OF TEXAS CERTIFICATION BY COMPANIES OFFERING QUALIFIED INVESTMENT PRODUCTS 34 TAC TAC ADOPTED RULES TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ADMINISTRATION 10 TAC TEXAS RACING COMMISSION OTHER LICENSES 16 TAC TEXAS EDUCATION AGENCY ASSESSMENT 19 TAC TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR LANGUAGES OTHER THAN ENGLISH 19 TAC COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL 19 TAC DEPARTMENT OF STATE HEALTH SERVICES ZOONOSIS CONTROL 25 TAC , TABLE OF CONTENTS 42 TexReg 3597

4 TEXAS PARKS AND WILDLIFE DEPARTMENT WILDLIFE 31 TAC 65.81, 65.82, 65.85, TAC TEXAS DEPARTMENT OF CRIMINAL JUSTICE PAROLE 37 TAC RULE REVIEW Proposed Rule Reviews Texas Department of Criminal Justice Texas Judicial Council TABLES AND GRAPHICS IN ADDITION Alamo Area Metropolitan Planning Organization Request for Proposals - Expenditure of Funds Audit Office of the Attorney General Request for Applications for the Sexual Assault Services Program Grant Texas Health and Safety Code and Texas Water Code Settlement Notice Comptroller of Public Accounts Notice of Contract Award Public Notice of Court Costs and Fees Office of Consumer Credit Commissioner Notice of Rate Ceilings Court of Criminal Appeals In the Court of Criminal Appeals of Texas Texas Emergency Services Retirement System Correction of Error Texas Commission on Environmental Quality Agreed Orders Enforcement Orders Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit Notice of District Petition Notice of Informational Meeting on Application for an Air Quality Standard Permit for Permanent Rock and Concrete Crushers by East First Recycling LLC Notice of Request for Public Comment and Notice of a Public Meeting to Receive Comments on One Draft Total Maximum Daily Load and One Draft Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal Notice of Request for Public Comment on One Total Maximum Daily Load for Indicator Bacteria in Jarbo Bayou Notice of Water Rights Application Texas Health and Human Services Commission Notice of Cancellation of Rate Hearing Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Family Planning Services (J7301 and J7307) Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Magnetoencephalography Notice of Public Hearing on Proposed Medicaid Payment Rates for the Quarterly Healthcare Common Procedure Coding System Updates Notice of Public Hearing on the Proposed Medicaid Payment Rate for the Medical Policy Review of Clinical Laboratory Services (G Human Immunodeficiency Virus (HIV) Testing) Public Notice: State Plan Amendment to Temporary Assistance for Needy Families (TANF) Work Requirement Texas Department of Housing and Community Affairs Notice of Public Comment Period on the Draft 2017 National Housing Trust Fund Allocation Plan "Third Amendment to Multifamily Direct Loan" Notice of Funding Availability Texas Lottery Commission Scratch Ticket Game Number 1855 "Cowboys" Scratch Ticket Game Number 1856 "Houston Texans" North Central Texas Council of Governments Request for Proposals for the Dallas Water Gardens Public Utility Commission of Texas Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority Announcement of Application for State-Issued Certificate of Franchise Authority Notice of Application for Amendment to Certificated Service Area Boundary Notice of Application for Approval of Collection Service Agreements Notice of Application to Amend a Service Provider Certificate of Operating Authority Notice of Application to Amend Water Certificates of Convenience and Necessity Notice of Intent to Serve Decertified Area TABLE OF CONTENTS 42 TexReg 3598

5 Notice of Petition to Cancel Water Certificate of Convenience and Necessity Supreme Court of Texas In the Supreme Court of Texas Texas Department of Transportation Aviation Division - Request for Qualifications for Professional Services Aviation Division - Request for Qualifications for Professional Services Public Hearing Notice - Unified Transportation Program TABLE OF CONTENTS 42 TexReg 3599

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.state.tx.us For items not available here, contact the agency directly. Items not found here: minutes of meetings agendas for local government bodies and regional agencies that extend into fewer than four counties legislative meetings not subject to the open meetings law The Office of the Attorney General offers information about the open meetings law, including Frequently Asked Questions, the Open Meetings Act Handbook, and Open Meetings Opinions. 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 Requests for Opinions RQ-0168-KP Requestor: The Honorable Abel Herrero Chair, Committee on Land & Resource Management Texas House of Representatives Post Office Box 2910 Austin, Texas Re: Whether an appraisal district is authorized to modify the boundary of a school district upon receipt of information indicating the survey line was inaccurate (RQ-0168-KP) Briefs requested by July 28, 2017 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: July 10, 2017 Requests for Opinions Under what circumstances Texas courts afford deference to agency interpretations of statutes RQ-0169-KP Requestor: The Honorable Lyle Larson Chair, Committee on Natural Resources Texas House of Representatives Post Office Box 2910 Austin, Texas Re: Whether the term "direct recording electronic voting machine" as used in subsection (12) of the Election Code includes voting machines that produce paper ballots (RQ-0169-KP) Briefs requested by July 27, 2017 RQ-0170-KP Requestor: Raymond Palacios, Jr. Chairman, Texas Department of Motor Vehicles 4000 Jackson Avenue Austin, Texas Re: Whether wholly owning a motor vehicle manufacturer results in affiliation with that manufacturer for purposes of section (a)(2) of the Occupations Code (RQ-0170-KP) Briefs requested by July 27, 2017 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: July 11, 2017 ATTORNEY GENERAL July 21, TexReg 3601

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9 TITLE 1. ADMINISTRATION PART 4. OFFICE OF THE SECRETARY OF STATE CHAPTER 81. ELECTIONS SUBCHAPTER A. VOTER REGISTRATION 1 TAC 81.6 The Office of the Secretary of State, Elections Division, proposes a new rule, 1 Texas Administrative Code 81.6, to provide matching criteria used for determining whether registered voters are or may be deceased or have or may have a duplicate registration in the statewide voter registration database. Section 81.6 has been added to accommodate HB 3593 (83rd Regular Session) (2013) and HB 4034 (85th Regular Session) (2017), relating to which information combinations identified as common to a voter and to an individual who is deceased or to another voter registration record, constitute a weak match or a strong match. Keith Ingram, Director of Elections, has determined that, for the first five-year period the new section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed new rule. Mr. Ingram has also determined that, for each year of the first five years the proposed rule is in effect, the public benefit anticipated as a result of enforcing this section will be more accurate voter registration rolls with the least possible impact on Texas voters. There will be no effect on small or micro-businesses. Written comments of the proposal may be submitted to the Office of the Secretary of State, Keith Ingram, Director of Elections, P.O. Box 12060, Austin, Texas Comments may also be sent via to: elections@sos.texas.gov. For comments submitted electronically, please include "Proposed 2017 Matching Criteria Rule" in the subject line. Comments must be received no later than twenty (20) days from the date of publication of the proposal in the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed rule. Questions concerning the proposed rule may be directed to Elections Division, Office of the Texas Secretary of State, at (512) The new rule is proposed under the Texas Election Code, , which provides the Office of the Secretary of State with the authority to obtain and maintain uniformity in the application, operation, and interpretation of the Texas Election Code and of the election laws outside the Texas Election Code. It also allows the Office of the Secretary of State in performing such duties to prepare detailed and comprehensive written directives and instructions based on such laws. The rule is also proposed under Texas Election Code and , which provide the Office of the Secretary of State with rule-making authority to determine information combinations constituting a weak match or a strong match for purposes of deceased and duplicate matching in order to: (1) produce the least possible impact on Texas voters; and (2) fulfill its responsibility to manage the voter rolls. No other sections are affected by the proposed rule Matching Criteria. (a) Deceased Matching criteria. In accordance with provisions of Texas Election Code (b), information received under Texas Election Code , shall be matched against the voter registration rolls to identify Strong Match and Weak Match records based on the following criteria: (1) Strong Matched Deceased records are identified when the Last Name, Full Social Security Number (SSN) (9 digits), and Date of Birth (DOB) match between the voter record and the deceased record. (2) Weak Match Deceased records are identified when one of the following combinations matches between the voter record and the deceased record are identified: (A) First Name, Last Name, and DOB; (B) Last Name and Full SSN (9 digits); (C) Full SSN (9 digits) and DOB; or (D) Last Four Digits of the SSN, DOB, and One or More Name Component(s): (i) Last Name (in deceased file) to Last Name; (ii) Last Name (in deceased file) to Middle Name; (iii) First Name to First Name (excluding a Last Name included match); and/or (iv) Middle Name or Middle Initial Match (excluding any additional name match). (b) Duplicate Matching criteria. In accordance with provisions of Texas Election Code (b), potential duplicate registrations shall be identified as Strong Match and Weak Match records based on the following criteria: (1) Strong Matched Duplicate records are identified when one of the following combinations matches between voter records: (A) Last Name, First Name, and Full Social Security Number (SSN) (9 digits); (B) Last Name, First Name, and Texas Department of Public Safety (DPS)-Issued Driver License, Personal Identification Card, or Election Identification Certificate Number; or PROPOSED RULES July 21, TexReg 3603

10 (C) Last Name, First Name, Last Four Digits of the SSN, and Date of Birth. (2) Weak Match Duplicate records are identified when one of the following combinations matches between voter records: SSN; or (A) Last Name, First Name, and Last Four Digits of the (B) Texas DPS-Issued Driver License, Personal Identification Card, or Election Identification Certificate Number. (c) For all matching criteria involving a voter record, the voter's current and former Last Names are considered in the matching process where "Last Name" is designated. 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 July 10, TRD Lindsey Aston General Counsel Office of the Secretary of State Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) PART 8. TEXAS JUDICIAL COUNCIL CHAPTER 173. INDIGENT DEFENSE GRANTS The Texas Indigent Defense Commission (Commission) is a permanent Standing Committee of the Texas Judicial Council. The Commission proposes repealing , , , and concerning rules for grant administration. The rules establish the guidelines for the administration of the Commission's grant program, which is designed to promote compliance by counties with the requirements of state law relating to indigent defense. The rules will be replaced by new rules proposed separately in the Texas Register. Mr. Jim Bethke, Executive Director, has determined that for each of the first five-year period the proposed repeal of the rules are in effect the public benefit will be an improvement in the indigent defense services provided by counties because of the grants awarded under the proposed new rules. Ms. Jennifer Henry, Chief Financial Officer of the Office of Court Administration, has determined that for each year of the first five years, a repeal of the rules will have no fiscal impact on state or local governments Ms. Henry has determined that there will be no material economic costs to persons relating to the proposed repeal of the rules, nor will the proposed repeal have any anticipated adverse effect on small or micro-businesses. Comments on the proposed repeal of the rules may be submitted in writing to Wesley Shackelford, Deputy Director, Texas Indigent Defense Commission, 209 West 14th Street, Austin, Texas 78701, or by fax to (512) no later than 30 days from the date that the proposed repeal of the rules are published in the Texas Register. SUBCHAPTER A. GENERAL FUNDING PROGRAM PROVISIONS 1 TAC The repeal of the rules is proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed repeal of the rules Applicability Definitions Process for Submitting Applications for Grants Grant Resolutions Selection Process Grant Funding Decisions Discretionary Grant Acceptance Adoptions by Reference Use of the Internet. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER B. ELIGIBILITY AND FUNDING REQUIREMENTS 1 TAC The repeal of the rules is proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Eligibility Use of Funds Expenditure Categories Program Income Equipment. 42 TexReg 3604 July 21, 2017 Texas Register

11 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER C. ADMINISTERING GRANTS 1 TAC The repeal of the rules is proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Grant Officials Obligating Funds Retention of Records Expenditure Reports Provision of Funds Discretionary Grant Adjustments Remedies for Noncompliance Term of Grant Violations of Laws Progress Reports for Discretionary Grants. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER D. MONITORING AND AUDITS 1 TAC , The repeal of the rules is proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Fiscal Monitoring Audits Not Performed by the Task Force on Indigent Defense. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) CHAPTER 173. INDIGENT DEFENSE GRANTS The Texas Indigent Defense Commission (Commission) is a permanent Standing Committee of the Texas Judicial Council. The Commission proposes new , , , and and concerning rules for grant administration. The new rules are proposed to establish the guidelines for the administration of the Commission's grant program, which is designed to promote compliance by counties with the requirements of state law relating to indigent defense. Ms. Jennifer Henry, Chief Financial Officer of the Office of Court Administration, has determined that for each year of the first five years the proposed new sections are in effect, enforcing or administering the sections will have no fiscal impact on state or local governments. Ms. Henry has determined that there will be no material economic costs to persons who are required to comply with the new sections, nor do the proposed new sections have any anticipated adverse effect on small or micro-businesses. Mr. Jim Bethke, Executive Director, has determined that for each of the first five-year period the rules are in effect the public benefit will be an improvement in the indigent defense services provided by counties because of the grants awarded under the proposed rules. Comments on the proposed new rules may be submitted in writing to Wesley Shackelford, Deputy Director, Texas Indigent Defense Commission, 209 West 14th Street, Austin, Texas 78701, or by fax to (512) no later than 30 days from the date that these proposed rules are published in the Texas Register. SUBCHAPTER A. GENERAL FUNDING PROGRAM PROVISIONS 1 TAC The new rules are proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under PROPOSED RULES July 21, TexReg 3605

12 the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Applicability. (a) The Texas Legislature authorized the Texas Indigent Defense Commission (Commission) to direct the Comptroller to distribute Fair Defense Account funds and other appropriated funds, including grants, to counties and other eligible entities enumerated in section , Government Code, to provide indigent defense services. It further authorized the Commission to monitor grants and enforce compliance with grant terms. Subchapters A - D of this chapter apply to all indigent defense grants and other funds awarded to counties by the Commission. Subchapter A of this chapter covers the general provisions for funding. Subchapter B of this chapter addresses funding types, eligibility, and general provisions of grant funding. Subchapter C of this chapter sets out the rules related to administering grants. Subchapter D of this chapter specifies rules regarding fiscal and program monitoring and audits. (b) Only counties in Texas and other eligible entities enumerated in section , Government Code, are eligible to receive grants or other funds from the Commission. (c) The Commission may distribute grants in accordance with its policies and based on official submissions and reports provided by grantees. These funds must be used to support or improve indigent defense systems in the county and are subject to all applicable conditions contained in this chapter Definitions. The following words and terms, when used in this chapter, will have the following meanings, unless otherwise indicated: (1) "Applicant" is a county or other eligible entity that has submitted a grant application, grant renewal documentation, or other request for funding from the Commission. (2) "Application" is any formal request for funding submitted to the Commission. (3) "Compliance Assistance Grants" means discretionary funding awarded to counties by the Commission for a specific program designed to promote and assist counties' compliance with the requirements of state law relating to indigent defense. (4) "Crime" means (A) a misdemeanor punishable by confinement; or (B) a felony. (5) "Defendant" means a person accused of a crime or a juvenile offense. (6) "Discretionary Grant" means discretionary funding awarded on a competitive basis to implement new programs or processes in Texas counties designed to improve the quality of indigent defense services. (7) "Extraordinary Disbursement Grant" means discretionary funding to reimburse a county for actual extraordinary expenses for providing indigent defense services in a case or series of cases causing a financial hardship for the county. (8) "Fair Defense Account" is an account in the general revenue fund that may be appropriated to the Commission for the purpose of implementing the Texas Fair Defense Act. (9) "Fiscal Monitor" is an employee of the Commission who monitors counties' fiscal processes to ensure that grant funds are spent appropriately in accordance with the Texas Fair Defense Act. (10) "Formula Grant" means funding awarded to counties through a formula approved by the Commission. (11) "Grant" is a funding award made by the Commission to a Texas county or other eligible entity. (12) "Grantee" means a county or other eligible entity that is the recipient of a grant or other funds from the Commission. (13) "Juvenile offense" means conduct committed by a person while younger than 17 years of age that constitutes: (A) a misdemeanor punishable by confinement; or (B) a felony. (14) "Special condition" means a requirement placed on a grant recipient by the Commission that must be satisfied as condition of funding. (15) "Sustainability Grant" means discretionary funding awarded to assist counties in maintaining regional public defender programs. (16) "Technical Support Grants" means discretionarybased funding awarded for special projects to improve the quality of indigent defense services, raise the knowledge base about indigent defense, and establish processes that can be generalized to similar situations in other counties. (17) "Texas Indigent Defense Commission" (Commission) is the governmental entity established and governed by of the Texas Government Code. (18) "UGMS" means the Uniform Grant Management Standards promulgated by the Office of the Comptroller Process for Submitting Applications for Grants and Other Funds. (a) The Commission shall publish notice of availability of grants and related policies on its website. (b) Grant applications. The Commission will provide notice to each county judge of the availability of indigent defense grants. Applicants applying pursuant to a Request for Applications (RFA) must submit their applications according to the requirements provided in the RFA. The RFA will provide the following: (1) information regarding deadlines for the submission of applications; (2) the maximum and minimum amounts of funding available for a grant, if applicable; (3) the starting and ending dates for grants; (4) information regarding how applicants may access applications; (5) information regarding where and how applicants must submit applications; (7) the priorities for funding as established by the Commission. (6) submission and program requirements; and 42 TexReg 3606 July 21, 2017 Texas Register

13 Grant Resolutions. Each grant application from a county must include a resolution from the county commissioners' court that contains the following: (1) authorization for the submission of the application to the Commission; (2) provision giving the authorized official the power to apply for, accept, decline, modify, or cancel the grant; and (3) written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds as required by the Commission Selection Process. (a) The Commission or its designees will review all applications and shall award from the Fair Defense Account formula grants and discretionary grants. (b) Upon reviewing an application, staff may require an applicant to submit, within a specified time, additional information to complete the review or to clarify or justify the application. Neither a request for additional information nor the issuance of a preliminary review report means that the Commission will fund an application. (c) The Commission will inform applicants in writing or by electronic means of decisions to grant or deny applications for funding. (d) If the Commission determines that an applicant has failed to submit the necessary information or has failed to comply with any Commission rule or other relevant statute, rule, or requirement, the Commission may hold a grantee's funds until the grantee has satisfied the requirements of a special condition imposed by the Commission. The Commission may reject the application and deny the grant for failure to satisfy the requirements Grant Funding Decisions. (a) The Commission or its designees will make decisions on applications for funding through the use of objective tools and comparative analysis. The Commission or its designees will first determine whether the grantee is eligible for funds in accordance with of this chapter (relating to Applicability) and of this chapter (relating to Eligibility). (b) All funding decisions rest completely within the discretionary authority of the Commission or its designees. The receipt of an application for funding does not obligate the Commission to award funding, and the Commission may make grant awards that partially fund budget items in grant applications. (c) Making a grant award based on an application does not obligate the Commission to give any subsequent applications priority consideration. (d) Commission decisions regarding funding are subject to the availability of funds Discretionary Grant Acceptance. Each applicant must accept or reject a discretionary grant award within 30 days of the date upon which the Commission issues a Statement of Grant Award. The executive director of the Commission or his designee may alter this deadline upon request from the applicant. The authorized official designated under of this chapter (relating to Grant Officials) must formally accept the grant in writing before the grantee may receive any discretionary grant funds Adoptions by Reference. (a) Grantees must comply with all applicable state statutes, rules, regulations, and guidelines. (b) The Commission adopts by reference the rules, documents, and forms listed below that relate to the administration of grants: (1) Uniform Grant Management Standards (UGMS) adopted pursuant to the Uniform Grant and Contract Management Act, Chapter 783, Texas Government Code. (2) The Commission forms, including the statement of grant award, grant adjustment notice, grantee's progress report, financial expenditure report, and property inventory report Use of the Internet. The Commission may require submission of applications for grants, progress reports, financial reports, and other information via the internet. Completion and submission of a progress report or financial report via the internet meets the relevant requirements contained within this chapter for submitting reports in writing. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER B. ELIGIBILITY AND FUNDING REQUIREMENTS 1 TAC The new rules are proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Eligibility. (a) The Commission may award grants to counties and other eligible entities enumerated in section , Government Code, that have complied with standards developed by the Commission and that have demonstrated commitment to compliance with the requirements of state law relating to indigent defense. Grants to non-county eligible entities will only be awarded for the purpose of supporting or improving indigent defense services in Texas counties. (b) A county may not reduce the amount of funds expended for indigent defense services in the county because of funds provided by the Commission Use of Funds. Grants provided under this chapter may be used by counties for: (1) Attorney fees for indigent defendants accused of crimes or juvenile offenses; PROPOSED RULES July 21, TexReg 3607

14 (2) Expenses for licensed investigators, experts, forensic specialists, or mental health experts working for the defense under derivative attorney-client privilege to assist in the criminal defense of indigent defendants; (3) Other direct litigation costs related to the criminal defense of indigent defendants; and (4) Other approved expenses allowed by the Request for Applications necessary for the operation of a funded program Expenditure Categories. (a) Allowable expenditure categories and any necessary definitions will be provided to the applicant as part of the application process. (b) Expenditures may be allocated to the grant in accordance with the Uniform Grant Management Standards Program Income. (a) Rules governing the use of program income are included in the provisions of the Uniform Grant Management Standards adopted by reference in of this chapter (relating to Adoptions by Reference). (b) Grantees must use program income to supplement program costs or reduce program costs. Program income may only be used for allowable program costs Equipment. (a) Decisions by the Commission or its designees regarding requests to purchase equipment using Commission funds will be made based on the availability of funds, whether the grantee has demonstrated that the requested equipment is necessary and essential to the successful operation of the funded program, and whether the equipment is reasonable in cost. (b) For counties that receive a multi-year grant, the Commission will only fund equipment and other one-time start-up costs during the first year unless permission is granted in writing. Otherwise, equipment and other one-time costs will not factor in to the overall project costs after the first year of the grant. (c) The Commission requires each grantee to maintain an inventory report of all equipment purchased with Commission funds. This report must comport with the final financial expenditure report. At least once each year during the award period, each grantee must complete a physical inventory of all property purchased with Commission funds and the grantee must reconcile the results with the purchased property records. For single-year awards, the inventory and reconciliation must be made at the end of the award period and submitted with the final report. (d) Equipment purchased with Commission funds must be labeled and handled in accordance with the grantee's property management policies and procedures. (e) Unless otherwise provided, equipment purchased is the property of the grantee after the end of the award period or termination of the operation of the funded program, whichever occurs last. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER C. ADMINISTERING GRANTS 1 TAC The new rules are proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Grant Officials. (a) Each grant must have the following designated to serve as grant officials: (1) Financial officer. For grants to counties, this person must be the county auditor or county treasurer if the county does not have a county auditor. For grants to other eligible entities, the financial officer will be designated by the applicant. (2) Authorized official. This person must be authorized to apply for, accept, decline, modify, or cancel the grant for the applicant. A county judge or a designee authorized by the governing body in its resolution may serve as the authorized official. For grants to non-county eligible entities, the authorized official will be designated by the applicant. (b) The Commission may require a county to designate a program director. This person must be the officer or employee responsible for program operation and who will serve as the point-of-contact regarding the program's day-to-day operations. (c) The program director and the authorized official may be the same person. The financial officer may not serve as the program director or the authorized official Obligating Funds. The grantee may not obligate grant funds before the beginning or after the end of the grant period Retention of Records. (a) Grantees must maintain all financial records, supporting documents, statistical records, and all other records pertinent to the award for at least three years following the closure of the most recent audit report or submission of the final expenditure report. Records retention is required for the purposes of state examination and audit. Grantees may retain records in an electronic format. All records are subject to audit or monitoring during the entire retention period. (b) Appointment lists are considered supporting documents under subsection (a) of this section. If an attorney is removed from an appointment list and is no longer eligible to receive appointments, or is added to an appointment list, then that constitutes a new appointment list that must be maintained, along with the previous version of the 42 TexReg 3608 July 21, 2017 Texas Register

15 appointment list, pursuant to subsection (a) of this section. If an attorney is temporarily removed from an appointment list, a new appointment list does not have to be created and maintained. (c) Grantees must retain records for equipment, non-expendable personal property, and real property for a period of three years from the date of the item's disposition, replacement, or transfer. (d) If any litigation, claim, or audit is started before the expiration of the three-year records retention period, the grantee must retain the records under review until the resolution of all litigation, claims, or audit findings Expenditure Reports. (a) Recipients of grants may be required to submit program expenditure reports to the Commission in addition to the annual expenditure report required for all counties under Texas Government Code (e). (b) The Commission will provide the appropriate forms and instructions for expenditure reports and deadlines for their submission. The financial officer shall be responsible for submitting the expenditure reports. (c) Grantees must ensure that actual expenditures are adequately documented. Documentation may include, but is not limited to, ledgers, purchase orders, travel records, time sheets or other payroll documentation, invoices, contracts, mileage records, telephone bills and other documentation that verifies the expenditure amount and appropriateness to the funded program. Expenditure documentation must be provided to the Commission upon request Provision of Funds. (a) After a grant has been awarded and if there are no outstanding special conditions or other deficiencies, the Commission may disburse funds to the grantee. Funds will be disbursed to the grantee quarterly unless specific permission for an alternative disbursement schedule is granted in writing from the executive director. (b) Disbursement of funds is always subject to the availability of funds. (c) Discretionary grant funds will be paid on a reimbursement basis only after the expenditure report has been submitted. Funds must be expended, not merely obligated, before being included in the grant program expenditure report. Requests for exceptions to this section must be in writing and signed by the authorized official and may be approved by the Commission for good cause Discretionary Grant Adjustments. (a) The authorized official must sign all requests for grant adjustments. (b) Budget Adjustments. Grant adjustments consisting of reallocations of funds among or within budget categories in excess of $10,000 or ten percent of the original grant award, whichever is less, are considered budget adjustments, and are allowable only with prior approval of the executive director of the Commission. Grantees must notify the Commission in writing of reallocations of funds among or within budget categories below this threshold. If a reallocation of funds among or within budget categories results in the cumulative amount of budget changes within the same fiscal year reaching $10,000 or 10% of the original grant award, whichever is less, the adjustment is allowable only with the prior approval of the executive director of the Commission. (c) Non-Budget Grant Adjustments. The following rules apply to other grant adjustments: (1) Requests to revise the scope, target, or focus of the project, or alter project activities require advance written approval from the Commission. (2) The grantee shall notify the Commission in writing of any change in the designated program director, financial officer, or authorized official within ten days following the change Remedies for Noncompliance. (a) If a grantee fails to comply with any term or condition of a grant or rule, the Commission may take one or more of the following actions: (1) disallow all or part of the cost of the activity or action that is not in compliance and seek a return of the funds; (2) impose administrative sanctions, other than fines, on the grantee; (3) temporarily withhold all payments pending correction of the deficiency by the grantee; (4) withhold future grant payments from the program or grantee; or (5) terminate the grant in whole or in part. (b) The Commission shall provide reasonable notice prior to imposing a remedy under subsection (a) of this section. If a grantee disputes the finding, the authorized official may request that one or more representatives of the grantee appear before the Commission. If the Commission receives such a request, it will consider the grantee's presentation at the Commission's next scheduled meeting. The administrative determination rendered by the Commission is final Term of Grant. (a) The term of a grant shall be specified in the award statement or other funding document. (b) If a grantee wishes to terminate a grant in whole or in part before the end of the award period, the grantee must notify the Commission in writing. The Commission or its designee will make arrangements with the grantee for the early termination of the award, which may include transfer or disposal of property and return of unused funds. (c) The Commission may terminate any grant, in whole or in part, when: (1) the grantee and the executive director of the Commission agree to do so; (2) indigent defense funds are no longer available; or (3) conditions exist that make it unlikely that grant or program objectives will be accomplished. (d) A grantee may submit a written request for an extension of the funding period. The Commission must receive requests for funding extensions at least 30 days prior to the end of the funding period. The executive director of the Commission may approve extensions of the funding period for up to six months. Requests to extend the funding period beyond six months of the original term must be approved by the Commission Violations of Laws. If the grantee has a reasonable belief that a criminal violation may have occurred in connection with Fair Defense Account funds, including the misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with the requirements of a grant, the grantee must immediately notify the Commission in writing of the suspected violation or irregularity. The grantee may PROPOSED RULES July 21, TexReg 3609

16 also notify the local prosecutor's office of any possible criminal violations. Grantees whose programs or personnel become involved in any litigation arising from the grant, whether civil or criminal, must immediately notify the Commission and forward a copy of any demand notices, lawsuits, or indictments to the Commission Progress Reports for Discretionary Grants. Each grantee must submit reports regarding performance and progress towards goals and objectives in accordance with the instructions provided by the Commission or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services Contract Monitoring. Grantees that use grant funds to contract for services must develop and include in the contract provisions to monitor each contract that is for more than $10,000 per year. These provisions must include specific actions to be taken if the grantee discovers that the contractor's performance does not meet the operational or performance terms of the contract. In the case of contracts for public defender offices and managed assigned counsel programs, these provisions must include a review of utilization and activity, reporting of financial data to evaluate the contractor's performance within the budget required by statute for such programs. Commission staff must review each contract at least once every two years and notify the grantee if it is not sufficient. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER D. MONITORING AND AUDITS 1 TAC , The new rules are proposed under the Texas Government Code The Commission is authorized to distribute funds, including grants, to counties for indigent defense services under the Texas Government Code This section further authorizes the Commission to monitor grants and enforce compliance with grant terms and to develop policies to ensure funds are allocated and distributed to counties in a fair manner. The Commission interprets (c) to require the Commission to adopt rules governing the process for distributing grant funds. No other statutes, articles, or codes are affected by the proposed new rules Fiscal Monitoring. (a) The Commission or its designees will monitor the activities of grantees as necessary to ensure that Commission grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of grant agreements. (b) The monitoring program may consist of formal audits, monitoring reviews, and technical assistance. The Commission or its designees may implement monitoring through on-site review at the grantee location or through a desk review based on grantee reports. In addition, the Commission or its designees may require grantees to submit relevant information to the Commission to support any monitoring review. The Commission may contract with an outside provider to conduct the monitoring. (c) Grantees must make available to the Commission or its designees all requested records relevant to a monitoring review. The Commission or its designees may make unannounced monitoring visits at any time. Failure to provide adequate documentation upon request may result in disallowed costs or other remedies for noncompliance as detailed under of this chapter (relating to Remedies for Noncompliance). (d) After a monitoring review, the fiscal monitor shall issue a report to the authorized official and financial officer within 45 days of the on-site monitoring visit to a county, unless a documented exception is provided by the executive director, with an alternative deadline provided, not later than 90 days from the on-site monitoring visit. The report shall contain each finding of noncompliance. (e) Within 60 days of the date the report is issued, the authorized official or financial officer shall respond in writing to each finding of noncompliance, and shall describe the proposed corrective action to be taken by the county. The county may request the executive director to grant an extension of up to 60 days. (f) The corrective action plan will include the: (1) titles of the persons responsible for implementing the corrective action plan; (2) corrective action to be taken; and (3) anticipated completion date. (g) If the grantee believes corrective action is not required for a noted deficiency, the response will include an explanation, specific reasons, and supporting documentation. (h) The Commission or its designees will approve the corrective action plan and may require modifications prior to approval. The grantee's replies and the approved corrective action plan, if any, will become part of the final report. (i) The grantee will correct deficiencies identified in the final report within the time frame specified in the corrective action plan. (j) The fiscal monitor shall conduct an additional on-site visit or remote follow-up review to counties where the report included significant noncompliance findings. The follow-up visit or desk review shall occur within 12 months following receipt of a county's response to the report. The fiscal monitor shall review a county's implementation of corrective actions and shall report to the county and Commission any remaining issues not corrected. Within 30 days of the date the follow-up report is issued by the fiscal monitor, the authorized director or financial officer shall respond in writing to each finding of noncompliance, and shall describe the proposed corrective action to be taken by the county. The county may request the director to grant an extension of up to 30 days. (k) If a county fails to respond to a monitoring report or follow-up report within the required time, then a certified letter will be sent to the authorized official, financial officer, county judge, local administrative district court judge, local administrative statutory county court judge, and chair of the juvenile board notifying them that all further payments will be withheld if no response to the report is received by the Commission within 10 days of receipt of the letter. If funds are withheld under this section, then the funds will not be reinstated until 42 TexReg 3610 July 21, 2017 Texas Register

17 the Commission or the Grants and Reporting Committee approves the release of the funds. (l) If a county fails to correct any noncompliance findings, the Commission may impose a remedy under of this title Audits Not Performed by the Texas Indigent Defense Commission. (a) Grantees must submit to the Commission copies of the results of any single audit conducted in accordance with the State Single Audit Circular issued under the Uniform Grant Management Standards. Grantees must ensure that single audit results, including the grantee's response and corrective action plan, if applicable, are submitted to the Commission within 30 days after grantee receipt of the audit results or nine months after the end of the audit period, whichever is earlier. (b) All other audits performed by auditors independent of the Commission must be maintained at the grantee's administrative offices pursuant to of this chapter (relating to Retention of Records) and be made available upon request by the Commission or its representatives. Grantees must notify the Commission of any audit results that may adversely impact the Commission grant funds. (c) Nothing in this section should be construed so as to require a special or program-specific audit of a grantee's Indigent Defense grant program. 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 July 7, TRD Wesley Shackelford Deputy Director Texas Judicial Council Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TITLE 25. HEALTH SERVICES PART 1. DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 140. HEALTH PROFESSIONS REGULATION The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (DSHS), proposes the repeal of , concerning Perfusionists; , , and , concerning Respiratory Care; and , , and , concerning Medical Radiologic Technologists. BACKGROUND AND PURPOSE The Texas Legislature enacted Senate Bill (SB) 202, 84th Legislature, Regular Session (2015), which included amendments, effective September 1, 2015, to Occupations Code, Chapters 601 (relating to Medical Radiologic Technologists), 603 (relating to Perfusionists), and 604 (relating to Respiratory Care Practitioners). These amendments transferred regulatory responsibility under those occupational licensing statutes from DSHS to the Texas Medical Board (TMB) and, in the case of Chapters 601 and 604, to the TMB, together with the Texas Board of Medical Radiologic Technology and the Texas Board of Respiratory Care, respectively. The latter Boards are advisory Boards to the TMB under their respective chapters (hereafter referred to collectively as TMB's "Advisory Boards"). Pursuant to SB 202's transition provisions for the biennium, DSHS rules for the programs were to remain in effect until changed by TMB, the Texas Board of Medical Radiologic Technology, or the Texas Board of Respiratory Care, as appropriate, pursuant to the amended rulemaking authority under SB 202 for rules governing the transferring programs. The transition of the programs has now been completed and TMB, or its Advisory Boards, with the approval of TMB, as applicable, have adopted new rules for each of the transferred programs to supersede existing DSHS rules for those programs. Those rules are now in effect and located with other TMB rules in Title 22, TAC, Part 9, as follows: -Perfusionists - Chapter Respiratory Care Practitioners - Chapter Medical Radiologic Technology - Chapter 194. DSHS rules relating to these programs are now obsolete, having been superseded pursuant to SB 202, Section 2.199, and the new rules of TMB and its Advisory Boards. To remove these obsolete rules from Title 25, TAC, the rule title dedicated to rules governing programs which the DSHS administers, these rules now require repeal, pursuant to the Executive Commissioner's general rulemaking authority for DSHS. SECTION-BY-SECTION SUMMARY Sections ; , , and ; and , , and are being repealed in order to remove obsolete rules in Title 25, TAC. FISCAL NOTE John Huss, Interim Associate Commissioner for Regulatory Services, has determined that for each year of the first five years that the repeals will be in effect, there will be no fiscal implications to state or local governments as a result of the repeals. The programs will continue to be governed under their respective new rules in Title 22, TAC, which were subject to fiscal analysis as part of their promulgation under the Administrative Procedure Act. DSHS's jurisdiction and the DSHS rules have been superseded, pursuant to SB 202 and the new rules under Title 22, TAC. The rules under Title 25, TAC, therefore, no longer: impact, or will impact, any state or local government; impose requirements or costs on any person or business; nor impact local employment. SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALY- SIS Mr. Huss has determined that there will be no adverse impact on small businesses or micro-businesses based upon the repeals. Since the repeals impose no requirements on such businesses, the repeals will not subject such businesses to any requirements that require them to alter their business practices. ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT The repeals remove obsolete rules and do not impose compliance requirements, so there is no anticipated economic compli- PROPOSED RULES July 21, TexReg 3611

18 ance cost associated with the repeals. There is no anticipated negative impact on local employment. PUBLIC BENEFIT In addition, Mr. Huss has determined that for each year of the first five years the repeals are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of the repeals will be the elimination of potential confusion within the regulated professions and the public at large that could otherwise occur if the obsolete DSHS rules were not repealed, notwithstanding the adoption of new rules, now effective, for perfusionists, respiratory care practitioners, and medical radiologic technology under Title 22, TAC, Part 9. REGULATORY ANALYSIS DSHS has determined that this proposal is not a "major environmental rule" as defined by, or subject to, Government Code, "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure and does not otherwise meet the conditions for Government Code, to apply. TAKINGS IMPACT ASSESSMENT DSHS has determined that the proposed repeals do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a potential taking subject to the requirements of Government Code, PUBLIC COMMENT Written comments on the proposal may be submitted to the Rules Coordination Office, 1100 West 49th Street, Mail Code 1911, Austin, TX 78756; Fax: (512) ; or ed to HHSRulesCoordinationOffice@hhsc.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register. LEGAL CERTIFICATION DSHS General Counsel, Lisa Hernandez, certifies that the proposed rule repeals have been reviewed by legal counsel and found to be within the Executive Commissioner's authority to adopt. SUBCHAPTER A. PERFUSIONISTS 25 TAC The repeals are authorized under Government Code, , and Health and Safety Code, , which give the Executive Commissioner of the Health and Human Services Commission adoption authority with respect to rules necessary for the operation and provision of health and human services within the health and human services system, including by the DSHS. This includes repealing rules that are no longer included within, or necessary for, those purposes, or for DSHS's administration of Health and Safety Code, Chapter The repeals affect Government Code, Chapter 531 and Health and Safety Code, 1001, and complete implementation of SB 202 with respect to Perfusionists, Respiratory Care Practitioners, and Medical Radiologic Technologists Definitions Fees Professional and Ethical Conduct Educational Requirements for Licensure Examination Procedures for Perfusionist Licensure Jurisprudence Examination Application Procedures Determination of Eligibility Provisional Licensed Perfusionists Licensing After Examination Changes of Name or Address License Renewal Minimum Continuing Education Requirements Licensing of Persons with Criminal Backgrounds To Be a Licensed Perfusionist and Provisional Licensed Perfusionist Violations, Complaints, and Subsequent Department Actions Formal Hearings Informal Conference Default Orders Suspension of License for Failure to Pay Child Support or Compliance with Child Custody Order Relevant Factors Severity Levels and Sanctions Guide Texas State Perfusionist Advisory Committee 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 July 6, TRD Lisa Hernandez General Counsel Department of State Health Services Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER E. RESPIRATORY CARE 25 TAC , , The repeals are authorized under Government Code, , and Health and Safety Code, , which give the Executive Commissioner of the Health and Human Services Commission adoption authority with respect to rules necessary for the operation and provision of health and human services within the health and human services system, including by the DSHS. This includes repealing rules that are no longer included within, or necessary for, those purposes, or for DSHS's administration of Health and Safety Code, Chapter The repeals affect Government Code, Chapter 531 and Health and Safety Code, 1001, and complete implementation of SB 202 with respect to Perfusionists, Respiratory Care Practitioners, and Medical Radiologic Technologists Context Definitions. 42 TexReg 3612 July 21, 2017 Texas Register

19 Fees Exemptions Application Requirements and Procedures Types of Certificates, Temporary Permits, and Applicant Eligibility Examination Certificate Renewal Continuing Education Requirements Changes of Name or Address Professional and Ethical Standards Certifying or Permitting Persons with Criminal Backgrounds to be Respiratory Care Practitioners Violations, Complaints, and Subsequent Actions Informal Disposition Suspension of License Relating to Child Support and Child Custody Request for Criminal History Evaluation Letter Certifying or Permitting 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 July 6, TRD Lisa Hernandez General Counsel Department of State Health Services Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER J. MEDICAL RADIOLOGIC TECHNOLOGISTS 25 TAC , , The repeals are authorized under Government Code, , and Health and Safety Code, , which give the Executive Commissioner of the Health and Human Services Commission adoption authority with respect to rules necessary for the operation and provision of health and human services within the health and human services system, including by the DSHS. This includes repealing rules that are no longer included within, or necessary for, those purposes, or for DSHS's administration of Health and Safety Code, Chapter The repeals affect Government Code, Chapter 531 and Health and Safety Code, 1001, and complete implementation of SB 202 with respect to Perfusionists, Respiratory Care Practitioners, and Medical Radiologic Technologists Purpose and Scope Definitions Fees Applicability of Subchapter; Exemptions Application Requirements and Procedures For Examination and Certification Types of Certificates and Applicant Eligibility Examinations Standards for the Approval of Curricula and Instructors Certificate Issuance, Renewals, and Late Renewals Continuing Education Requirements Changes of Name and Address Certifying Persons with Criminal Backgrounds Disciplinary Actions Advertising or Competitive Bidding Dangerous or Hazardous Procedures Registered Nurses and Physician Assistants Performing Radiologic Procedures Mandatory Training Programs for Non-Certified Technicians Registry of Non-Certified Technicians Hardship Exemptions Bone Densitometry Training Alternate Training Requirements Request for Criminal History Evaluation Letter Certifying 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 July 6, TRD Lisa Hernandez General Counsel Department of State Health Services Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TITLE 31. NATURAL RESOURCES AND CONSERVATION PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH SUBCHAPTER A. STATEWIDE OYSTER FISHERY PROCLAMATION 31 TAC 58.21, The Texas Parks and Wildlife Department (TPWD) proposes amendments to and 58.22, concerning the Statewide Oyster Fishery Proclamation. The proposed amendments generally are intended to protect, conserve, and enhance the oyster resources of the state by extending harvest opportunities later into the season; reducing the frequency and duration of in-season closures by reducing the daily sack limit from 40 to 25 and closing Monday as a legal fishing day; lowering the limit for undersize oysters in a cargo of PROPOSED RULES July 21, TexReg 3613

20 oysters from 15% to 5%; and closing oyster harvest in seven minor bays and within 300 feet of shorelines in areas designated by the Texas Department of State Health Services as Approved or Conditionally Approved for the harvest of oysters. The effects of several natural disaster events occurring along the coast of Texas over the last several years, beginning with Hurricane Ike in 2008 and culminating with major flooding events in , together with high harvest pressure, have exacted a biological and economic toll on Texas' oyster resources and associated industries. The cumulative impacts of these events have contributed to declining trends in oyster resources, and consequently, in commercial landings. Commercial landings in 2015 declined to levels not seen since the early 1980s. Hurricane Ike's passage over Galveston Bay in 2008 impacted the Galveston Bay ecosystem and was especially destructive to the bay's extensive oyster habitat. Over 8,000 acres, representing approximately half of the bay's reefs, were damaged or destroyed due to sedimentation from the storm surge. Between 2010 and early 2015, Texas experienced the secondworst drought in state history, surpassed only by the drought of the 1950s. The worst one-year drought record in Texas' history was 2011 and was recorded as a 500-year drought of record. Salinities in coastal bay systems rose to levels not previously observed. In Galveston Bay, salinities reached 42 parts per thousand, the highest level recorded in forty years of department monitoring. Though high salinities are not necessarily detrimental to oysters, they do seem to allow for greater predation and disease. These predators and diseases would normally not be as prevalent in lower salinities. The Hays rocksnail ("oyster drill"), Stramonita haemastoma canaliculata, is the most destructive predator of eastern oysters in the Gulf of Mexico (White and Wilson 1996) but are limited by intolerance to low salinity (Chapman 1959, Hofstetter 1977). Reports of predation rates of 80% on young oysters have been reported (May and Bland 1970; Hofstetter 1977; Chapman 1959). At the height of the drought, commercial oyster fishermen reported increased catches of oyster drill on beds in Galveston Bay that rarely produced this predatory snail in the past. Fishery-independent sampling by the department also has documented increased catches of oyster drill in oyster dredge samples and in locations in the bay system where they had not been previously documented. Oyster resources were further impacted by flood events in 2015 and Analysis of climate data has shown that dipole events (an abrupt year-to-year transition from drought to flood), are a frequent occurrence in the Southern Great Plains (Texas and Oklahoma) (Christian et al. 2015). As one of the worst droughts in Texas history came to an end in early 2015 it was followed by significant rainfall events that resulted in some of the worst flooding in the state's history. Flooding began in April 2015 and continued through May, reaching official disaster status with the declaration of six State Disaster Proclamations (five of which were elevated to Federal Flooding Disasters in eleven coastal counties designated by the National and Oceanographic and Atmospheric Administration (NOAA) ( Flooding was further exacerbated with the onset of Tropical Storm Bill (June 16, 2015), which significantly impacted Matagorda and San Antonio bays. Disaster-level flooding occurred again in the fall of 2015 and spring of Trinity River inflows to Galveston Bay in 2015 were recorded at levels 154% above the long-term mean river inflow ( ) and by May 2016, inflows from the Trinity River had already exceeded the long-term yearly inflow rates by 66%. Similar trends were recorded for Matagorda Bay (126% above long-term yearly inflow rates), Aransas Bay (89% above) and San Antonio Bay (65% above). These inflow rates had specific consequences for all stages of the oyster life cycle. Oysters are an immotile (incapable of voluntary relocation) species that settle out of the water column within approximately two weeks of spawning. Survival at settlement is directly related to two primary characteristics: the availability of elevated, hard substrate for attachment and salinities conducive to survival. Oyster reefs occur where these two characteristics are most abundant; thus, reefs are continually settled by new oysters and the reef grows. During flooding events, oyster abundance and filtration rates decline precipitously (Beseres Pollack, et. al., 2011). The preferred salinity range for oysters is (mille, or tenth of a percent) for adults and for egg and larval development. Spat (juvenile oysters) settling is optimized at with diminishing settlement below 16 (Pattillo et. al., 1997). While spawning in Texas is likely to occur in every month except July and August, peak spawnings are May to early June and again in September and October. In , the traditionally highest oyster producing bays (Copano and Galveston) had 14 and 15 continuous months, respectively, of suboptimal salinities for spat settlement. All major bays had suboptimal spat settlement conditions during the spring 2015 spawning season with suboptimal conditions persisting in Galveston and Copano bays through the fall spat settlement season as well (unpublished department data). Additionally, when salinities drop below 10 "limited or no recruitment" occurs (La Peyre et al., 2013). Based on the average monthly salinities reported for Galveston Bay for April through July 2015, limited recruitment is believed to have occurred. Similarly, monthly mean salinities for 2016 suggest sub-optimal salinities for recruitment between March and May, which appears to have resulted in the loss of a second recruitment cohort (age class). Copano Bay experienced similar low salinity levels (<10 ) between May and August 2015, which may have resulted in limited recruitment, and from April 2015 through May 2016 experienced salinity levels below the optimal level for spat settlement. Similar sub-optimal conditions were observed in Matagorda, San Antonio, and Aransas bays. Mechanically, flood inflows are also capable of sweeping any oyster larvae out of the bays and into non-optimal habitats, resulting in direct losses of larvae (Wang et. al., 2008). This is particularly devastating for Texas bays as the historically high volume and continual inflow events may have also led to minimal recruitment to the reefs. These sub-optimal salinity conditions and long-term high volume events have the potential to create long-term adverse consequences for Texas oyster resources. A strong temperature-salinity linkage may negatively impact oyster recruitment, survival and growth. As salinities fall below 5 during summer months and water temperatures increase above 25 C, oyster conditions degrade. From May 2015 through mid- October water temperatures exceeded 25 C while salinities fell below 5 for Galveston, San Antonio and Copano Bays. Average salinities in Matagorda and Aransas Bays were 6.3 and 8.7, respectively, which suggests localized areas of degradation. 42 TexReg 3614 July 21, 2017 Texas Register

21 Each of these environmental events, taken singularly, would not necessarily be expected to result in significant losses of oyster resources and associated negative commercial impacts; however, the cumulative impacts over such a relatively short timeframe most certainly contributed to reduced oyster abundance and the commercial declines observed following the flooding events in 2015 and Landings (pounds of meat) and ex-vessel values (dockside value) for oysters during 2015 were 1,585,432 pounds and $8,246,302, respectively. These values reflect a 69.1% and 51.1% reduction in landings and ex-vessel value, respectively, from the previous 10-year average. To address this situation, the proposed amendment to 58.21, concerning Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules, would lower the tolerance allowed for the quantity of undersize oysters in a cargo from 15% to 5%, which is the statutory minimum (Parks and Wildlife Code, (b)). As oyster resources have been reduced due to environmental impacts and overharvest, the illegal harvest of undersize oysters has increased. Citations for possession of undersize oysters increased 149% during the oyster season, compared to the previous year. In February, 2017, thirty-seven citations were issued in three major bay systems for unlawful possession of undersize oysters. In these cases, 68% of the cargos were found to be composed of more than 30% undersize oysters and 20% of the cases had cargos composed of more than 50% undersize oysters. Continued harvest of undersize oysters can result in economic impacts to the oyster industry because areas closed by the department under the authority of Parks and Wildlife Code, , must remain closed longer to allow small oysters to grow to legal size. Additionally, the removal of small oysters further delays the recovery of the resource as these oysters are sexually mature and would contribute to recruitment if left on the reefs until they reach legal size. The proposed amendment to would also close seven minor bays to all oyster harvest (recreational and commercial) and create a 300-foot buffer zone along shorelines located in areas designated by DSHS as Approved or Conditionally Approved for oyster harvest. The minor bays proposed for closure are unique in that they are relatively shallow systems containing intertidal and shallow-water oyster habitat. The proximity of shallow water and intertidal oyster habitat to other estuarine habitat types (e.g. seagrasses and marshes) is a major factor affecting macrofauna (invertebrates that live on or in sediment, or attached to hard substrates) density and community composition (Grabowski et al. 2005; Gain et al. 2017). Research has demonstrated that densities of macrofaunal organisms and species diversity are higher within oyster habitat compared to seagrass beds or marsh-edge interfaces (Gain et al. 2017). Further, nekton (aquatic animals that are able to swim and move independently of water currents) and benthic crustaceans (crustaceans at the lowest depth) densities are considerably higher on intertidal oyster habitat compared to open-water subtidal oyster habitat (Robillard et al. 2010; Nevins et al. 2014; Froeschke et al. 2016). Over 300 different species have been documented using oyster reefs as habitat in North Carolina (Wells 1961). Until recently, oyster resources located in these minor bays and shoreline areas have been rarely exploited, as commercial fishing has typically been directed towards the more-profitable and efficiently harvested reef complexes in larger and deeper waters; thus, the minor bays have functioned as de facto spawning reserves because harvest pressure has been minimal and oyster larvae produced from these areas are available to populate oyster habitat on adjacent reefs and bays. As oyster resources have become depleted on deep-water reefs, however, commercial fishermen have redirected their efforts to shallowwater reefs. In 2017, the department received a number of reports of oyster harvest in minor bays, including Christmas Bay, and received a petition requesting closing of oyster harvest in Christmas Bay. With respect to recreational harvest, current rules allow recreational fishermen to retain up to two sacks of oysters per day during the public season; however, the biological impact of this harvest is minimal. Over the last 10 years the department has issued an average number of 36 sport oyster boat licenses per year (a sport oyster boat license is required to recreationally harvest oysters by use of tongs or dredge; otherwise, recreational harvest must be manual). The department conducts intercept surveys at boat access sites (boat ramps and marinas) throughout the year and records catch composition and effort for all species landed. The 33-year summary ( ) of department data indicates 296 intercepts with anglers possessing oysters (an average of 9 intercepts per year). During the 2016 low-use season (covering the time period of the public oyster season, November through April) the department estimates that recreational fisherman spent 704 hours harvesting oysters, which resulted in a harvest of approximately 10.6 sacks (68.1 pounds estimated meat weight) over the six-month season. The proposed amendment to 58.22, concerning Commercial Fishing, would reduce the commercial possession limit for oysters from 40 sacks per day to 25 and would close Monday to commercial oyster harvest during the public season (November 1 of one year through April 30 of the following year). The combined effect of these two provisions, if adopted, is expected to be a reduction in the total number of sacks harvested during the early portion of the season but an increase in the total number of sacks harvested during the later months, which is expected to provide a more stable and consistent price structure as well as a lengthening of the productive part of the season, both in terms of sacks per vessel landed and effective days fished. A sack-limit analysis of the proposed amendments found that the proposed measures could result in a total harvest reduction of approximately 31% if there is no change in fishing behavior. Additional analysis of the season data shows that the average commercial vessel made only 34 trips during the 182-day season and averaged 24 sacks per day. From the first trip to the last trip the total number of days that elapsed was an average of 72 days. With the ability to expand the number of trips within the 72 days or extend trips further towards the end of the season, no significant reduction in total landings over the season is expected. The combination of the proposed daily sack limit reduction and Monday closure could extend the effective harvest season during a time when oyster yield (meat-weight to shell-weight) is highest and more valuable to the commercial industry. Literature Cited Beseres Pollack, Jennifer, Hae-Cheol Kim, Elani K. Morgan, and Paul A. Montagna Role of Flood Disturbance in Natural Oyster (Crassostrea virginica) Population Maintenance in an Estuary in South Texas, USA. Estuaries and Coasts (2011) 34: PROPOSED RULES July 21, TexReg 3615

22 Chapman, C.R Oyster drill (Thais haemastoma) predation in Mississippi Sound. Proc. Natl. Shellfish. Assoc. 49: Christian, J., K. Christian, and J. Basara Drought and Pluvial Dipole Events within the Great Plains of the United States. Journal of Applied Meteorology and Climatology, 54, Froeschke, B.F., M.M. Reese Robillard, and G.W. Stunz Spatial biodiversity patterns of fish within the Aransas Bay complex, Texas. Gulf Caribb Res 27: Gain, I.E., R.A. Brewton, M.M.R. Robillard, K.D. Johnson, D.L. Smee and G.W. Stunz Macrofauna using intertidal oyster reef varies in relation to position within the estuarine habitat mosaic. Marine Biology 164:8. doi: /s Grabowski, J.H., A.R. Hughes, D.L. Kimbro, and M.A. Dolan How habitat setting influences restored oyster reef communities. Ecology 86: Hoffstetter, R.P Trends in population levels of the American oyster Crassostrea virginica Gmelin on public reefs in Galveston Bay, Texas. Technical Series Number 10. Texas Parks and Wildlife Department, Coastal Fisheries Branch. Austin, TX. La Peyre, Megan K., B. S. Eberline, T. M. Soniat, J. F. La Peyre Differences in extreme low salinity timing and duration differentially affect eastern oyster (Crassostrea virginica) size class growth and mortality in Breton Sound, LA. Estuarine, Coastal and Shelf Science 135, p May, E.B. and D.G. Bland Survival of young oysters in areas of different salinity in Mobile Bay. Proc. S.E. Assoc. Game Fish Comm. 23: Nevins, J.A., J.B. Pollack, and G.W. Stunz Characterizing nekton use of the largest unfished oyster reef in the United States compared with adjacent estuarine habitats. J. Shellfish Res. 33: Pattillo, M.E., T.E. Czapla, D.M. Nelson, and M.E. Monaco Distribution and abundance of fishes and invertebrates in the Gulf of Mexico estuaries, Volume II: Species life history summaries. ELMR Rep. No. 11. NOAA/NOS Strategic Environmental Assessments Division, Silver Spring, MD. 377 p. Robillard, M.M.R., G.W. Stunz and J. Simmons Relative value of deep subtidal oyster reefs to other estuarine habitat types using a novel sampling method. J. Shellfish Res. 29: Thompson, R.J., R.L.E. Newell, V.S. Kennedy and R. Mann Reproductive processes and early development. In: Kennedy, V.S., Newell, R.I.E, and Eble, A.F (eds) The Eastern Oyster (Crassostrea virginica). Maryland Sea Grant College, University of Maryland, College Park, MD, pages Wang, Hongqing, W. Huangb, M. A. Harwell, L. Edmistonc, E. Johnsona, P. Hsiehd, K. Millad, J. Christensene, J. Stewart, X. Liub Modeling oyster growth rate by coupling oyster population and hydrodynamic models for Apalachicola Bay, Florida, USA. Ecological Modelling 211, p Wells, H.W The fauna of oyster beds with special reference to the salinity factor. Ecological Monographs 31(3): White, M.E. and E. A. Wilson Predators, pests, and competition. In The Eastern Oyster Crassostrea virginica, eds. V.S. Kennedy, R.I.E. Newell, and A.F. Eble, College Park, Maryland: Maryland Sea Grant College, University of Maryland. Lance Robinson, Deputy Director of the Coastal Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules as proposed, as department personnel currently allocated to the administration and enforcement of the oyster management program will administer and enforce the rules as part of their current job duties and resources. Mr. Robinson also has determined that for each of the first five years the new rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be the management, protection, and enhancement of the oyster resources of the state, thus ensuring the public of continued recreational and commercial access to oysters and the continued beneficial economic impacts of the oyster fishery to Texas. Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, (g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. These guidelines state that "[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency's regulatory jurisdiction." The guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a "direct economic impact." Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services. The department has determined that the rules as proposed will not result in adverse economic effects on persons who engage in recreational take of oysters, since recreational oyster harvesters will still have the opportunity to harvest, but this rule could impact where they have traditionally harvested oysters. There will be adverse economic effects on small businesses, micro-businesses, and persons engaged in commercial harvest of oysters who are required to comply; however, those effects are expected to be minimal and temporary, and should result in increased benefits as oyster resources recover. The proposed rules would affect persons licensed by the department to harvest and sell oysters taken from public water. Department data indicate that approximately 1,022 people per year purchase a license that allows the sale of oysters (557 commercial oyster boat license, 465 commercial oyster boat captain's license). While 1,022 individuals may have a license that allows them to sell, a vessel may be licensed with a commercial oyster boat license and then have someone with a commercial oyster boat captains license running the vessel and even multiple captains may run a vessel during an entire season. A more direct way to determine the number of vessels impacted is to examine the required reporting information from the first sale of oysters. This data is required to be reported at the first sale of any commercial product. That data indicates that in season 346, in season 302, and in season 325 vessels had landings. 42 TexReg 3616 July 21, 2017 Texas Register

23 To ensure that this analysis captures every small or micro-business affected by the proposed rules, the department assumes that most, if not all businesses affected by the proposed rules qualify as small or micro-businesses. The rules as proposed would reduce the daily bag limit for commercial oyster harvest from 40 sacks to 25 sacks and close Monday to all oyster harvest. Based on current harvesting practices this is not expected to result in reductions in the overall harvest during the season. Although there may be a reduction in the total number of sacks harvested during the early portion of the season, it is projected that will be offset by an increase in the total number of sacks harvested during the later months. Additionally, the amendments as proposed should provide a more stable and consistent price structure because of the availability of heavier-yielding oyster meats for the shucking industry. Oysters build up energy reserves through the winter (a process commonly called fattening) (Thompson et al. 1996) in preparation of spawning in the spring. These "fattened" oysters provide a product more desirable for the shucking industry whereas oysters destined for the half-shell (raw) market can be utilized throughout the season. Participation in the department's Trip Ticket Reporting System is required for all commercial licenses and furnishes accurate records, at a trip level, of all commercial fishing activity, including the oyster fishery. The oyster season was used as a baseline to estimate the impacts of a reduction in the sack limit from the current 40-sack per day limit. Because the current 40-sack limit was implemented for the season, the harvest data was adjusted to simulate harvests had the 40-sack limit been in place for the season. The total harvest with a sack limit of 25 sacks per day was estimated assuming the same number of trips as were made in The estimated reduction in the number of sacks harvested under a 25-sack limit is 14.9% and represents the expected maximum. To evaluate the potential reduction in harvest resulting from the closure of Monday to commercial oyster harvest, historical trends of the temporal distribution of harvest effort were examined. A Sunday closure of the fishery was implemented beginning with the season. An additional closure of the fishery on Monday would shorten the length of the fishing season by days. Assuming no changes in effort patterns and using historical data as a baseline, closing the fishery on Monday could result in an approximately % reduction in total harvest (mean = 17.0%). However, data analysis also indicates that fishermen are not fully utilizing the available fishing opportunity currently available during the season. For the through the oyster seasons, the number of vessels fishing in April was approximately half of the number that fished in November. The average number of sacks harvested per vessel per day over the last three seasons ( through ) was 24.7 sacks, when daily sack limits were 50 (2015 and 2016) and 40 (2017) sacks per day. For the same three seasons the average number of trips per season was 41 trips and 96 days elapsed from first trip to last trip on average for a vessel (out of a day season in 2015 and 2016 and a 155-day season in 2017). Adding Monday to the current Sunday closure will result in a day season. As a result of these factors, the department concludes that the proposed rules, if adopted, would not require commercial oyster fishermen to expend any additional effort to achieve an equivalent harvest, on average, compared to the current rules. The average number of sacks harvested is currently less than what has been proposed and the average vessel fishes approximately less than 27% of the fishing days allowed in the last three years. The total number of sacks harvested on average, based on the assumption of the ability to shift fishing effort during the week, shift fishing effort within the first and last day that they have been fishing, as well as to later in the fishing year, should not result in any decrease in harvest assuming the biological production of oysters is similar to recent years. Obviously, the overall conclusion above is based on an average harvester and certainly it is recognized that there is a continuum of harvesters, some who harvest less and more than the average number of sacks and some who fish fewer and greater days than the average producer. During the 3 years comprising the , , and seasons, of the 445 vessels that reported at least 1 trip with landings during any of the 3 seasons, 258 (58%) of vessels had a mean catch of 25 sacks or less, 187 (42%) had a mean catch per day of greater than 25 sacks. Of those 187 vessels 93 vessels (21%) had a mean catch per day of 30 sacks or greater. In order to determine the impacts to those individual vessels who would be impacted based on averaging greater than 25 sacks in the last 3 years, a ratio estimator of their actual mean catch per day to the 25 sack limit was used to determine the number of extra trips required to meet their historical landing pattern. For the 187 vessels it would take an average increase of 16% in more trips per season to reach the same landings total. For those 187 vessels, they took an average of 32 trips per season during the 3 season period. Given the 16% increase in trips that would mean they would need to make an additional 5-6 trips. Assuming that vessel trip/day on average has the same cost per day, it would require 16% greater cost to obtain the same level of harvest. Given that the season length is still proposed to be days in season length the analysis assumes there are enough additional days still available for the trip (fishing pressure) shift to move in the season. While described qualitatively above, the impact in price associated with having a higher valued oyster later in the season and the impact of price stability by delaying or smoothing harvest for a longer period of time have not been factored in to this analysis but given the qualitative discussion above, the department assumes that it would lower the extra days required to make up for any loss in overall revenue from the harvest because the vessels would be receiving greater value for the product. When considering the costs associated with harvesting, the department recognizes that there may be increased labor costs associated with the reduction in the percentage of the undersized oysters allowed on board. This reduction may require more culling time on board the vessel to ensure compliance with the reduction in the undersize tolerance. The additional amount of time that may be required is considered but cannot be estimated, since it should be only an incremental amount more because culling of small oysters should already be occurring on each vessel. The department considered several alternatives to achieve the goals of the proposed new rules while reducing potential adverse impacts on small and micro-businesses and persons required to comply. One alternative considered was to remain with the status quo rules. This alternative was rejected because the department believes that the current harvest, especially of undersize oysters, PROPOSED RULES July 21, TexReg 3617

24 is unsustainable, and to allow that to continue at the current rate would be to fail to fulfill the department's statutory and regulatory responsibility to protect oyster resources, as well as continue to lead to a declining oyster resource which would impact Texas bays and estuary ecosystems in a negative way and thus would also continue to lead to a declining commercial oyster industry. A second alternative was to close the fishery entirely. This alternative could be implemented and when oyster resources recovered to a point where the department believed they could be reopened and could sustain the fishery at current levels of exploitation, the fishery could be reopened with current or new regulations. This alternative was rejected because while it would certainly be the quickest route to oyster stock replenishment, it would also cause the public oyster season to be foregone entirely for some number of years. That number of years would be dependent on weather and bay-by-bay conditions. Assuming conditions are good, small oysters can grow to maturity and be of legal harvest size in 2-3 years. This alternative was rejected due to the impact it would have on the commercial oyster industry and the local communities who depend on the commercial oyster businesses. A third alternative considered was to retain the current 15 percent value for the percentage of a catch that could consist of undersize oysters but shorten the existing season and/or further reduce weekly opportunity, daily sack limit, or some combination thereof. This alternative was rejected because a reduction in the harvest of undersize oysters is imperative to stabilizing the fishery and is the quickest and most efficient way to achieve that stabilization. A reduction in legal fishing hours or sack limit beyond what is proposed is undesirable because of the economic impacts to the regulated community. The department has not drafted a local employment impact statement under the Administrative Procedures Act, , as the agency has determined that the rules as proposed will not result in direct impacts to local economies. The department has determined that Government Code, (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules. The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules. The department has determined that the proposed rules are in compliance with Government Code (Actions and Rule Amendments Subject to the Coastal Management Program). Comments on the proposed rules may be submitted to Dr. Tiffany Hopper, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) ; tiffany.hopper@tpwd.texas.gov, or via the department website at The amendments are proposed under Parks and Wildlife Code, , and , which, respectively, authorize the commission to adjust the tolerance for undersize oysters within a cargo of oysters and regulate the taking, possession, purchase and sale of oysters, including prescribing the times, places, conditions, and means and manner of taking oysters. The proposed amendments affect Parks and Wildlife Code, Chapter Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules. (a) (No change.) (b) Size Limits and Possession of Undersized Oysters and Shell. (1) - (3) (No change.) (4) It is unlawful for any person to take or possess a cargo of oysters more than 5% [15%] of which are between 3/4 inch and three inches measured from beak to bill or along an imaginary line through the long axis of the shell. For the purposes of this paragraph, any dead oyster shell measuring greater than 3/4 inch along any axis shall be counted as an undersized oyster. (c) Area Closures. (1) (No change.) (2) No person may take or attempt to take oysters within an area described in this paragraph. The provisions of subparagraphs (A) and (B) of this paragraph cease effect on November 1, (A) - (B) (No change.) (C) Christmas Bay, Brazoria County. (D) (E) (F) (G) (H) (I) Carancahua Bay, Jackson and Matagorda County. Keller Bay, Calhoun County. Powderhorn Lake, Calhoun County. Hynes Bay, Refugio County. St. Charles Bay, Aransas County. South Bay, Cameron County. (J) Areas along all shorelines extending 300 feet from adjacent public or private upland Commercial Fishing. (a) - (b) (No change.) (c) Seasons and Times (1) (No change.) (2) Legal oyster fishing days--tuesday [Monday] through Saturday. (3) (No change.) (d) Possession Limits. It is unlawful to take in one day, for pay or the purpose of sale, barter, or exchange, or any other commercial purpose, or to have on board any licensed commercial oyster boat more than: (1) 25 [40] sacks of culled oysters of legal size; or (2) (No change) (e) - (f) (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 July 10, TRD Robert D. Sweeney, Jr. Acting General Counsel Texas Parks and Wildlife Department Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TexReg 3618 July 21, 2017 Texas Register

25 CHAPTER 65. WILDLIFE SUBCHAPTER B. DISEASE DETECTION AND RESPONSE The Texas Parks and Wildlife Department proposes new and amendments to and 65.91, concerning Disease Detection and Response. Proposed new 65.83, concerning Special Provisions, would allow for the release of breeder deer from a TC 3 facility within a Containment Zone (CZ) or Surveillance Zone (SZ) to adjoining acreage under the same ownership, provided the facility is in compliance with the provisions of 65.94, concerning Breeding Facility Minimum Movement Qualification and 65.95, concerning Movement of Breeder Deer (both of which are in Division 2 of Subchapter B) and the release is authorized under a herd plan issued by the Texas Animal Health Commission (TAHC), which may also specify testing requirements. In a recent rulemaking, the department liberalized certain provisions of Subchapter B Division 1 relating to the movement of live deer to or from deer breeding facilities within a CZ and allowed for the release of breeder deer in a SZ from a deer breeding facility located outside a SZ if authorized by Division 2 of this subchapter. Those amendments failed to remove an inadvertent complete prohibition on the release of breeder deer from TC 3 facilities located within a CZ or SZ. The department intended to allow for release of breeder deer from a TC 3 breeding facility located within a CZ or SZ and designated under the provisions of Division 2 as movement qualified (MQ), provided that facility is operating under a herd plan that authorizes the release of deer to adjoining acreage under the same ownership and is in compliance with all applicable provisions of this subchapter. The proposed new section remedies that oversight. The proposed amendments to 65.86, concerning Preemption, and 65.91, concerning General Provisions, would alter the provisions of those sections to achieve the intended harmonization of the provisions of Subchapter B, Division 1 with the provisions of Subchapter B, Division 2 and the remainder of Chapter 65. In 2013 the department adopted and in response to the discovery of chronic wasting disease (CWD) in far west Texas. The rules created mechanisms to contain and limit the spread of CWD following discovery. At that time, and constituted the entirety of Subchapter B; however, in 2016 the department adopted to address the discovery of CWD in deer breeding facilities, which necessitated the designation of and as Division 1 and as Division 2. The provisions of currently refer to the resolution of conflicts between Subchapter B and any other subchapter of Chapter 65, and should be altered to apply to conflicts between Division 1 and Division 2 of Subchapter B and conflicts between Division 1 of Subchapter B any other subchapter of Chapter 65. The proposed amendment to would accomplish that. The proposed amendment to would similarly clarify the relationships between Division 2, Division 1, and the remainder of Chapter 65. The department has engaged in a number of rulemakings to address, contain, and manage chronic wasting disease following its discovery in Texas in both captive and free-ranging populations. CWD is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as "Mad Cow Disease"), and variant Creutzfeldt-Jakob Disease (vcjd) in humans. Much remains unknown about CWD. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. What is known is that CWD is invariably fatal to certain species of cervids, and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). Moreover, a high prevalence of the disease in free-ranging populations correlates with deer population declines and human dimensions research indicates that hunters will avoid areas of high CWD prevalence. If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion dollar ranching, hunting, wildlife management, and real estate economies could be significant. Clayton Wolf, Wildlife Division Director, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules as proposed, as department personnel currently allocated to the administration and enforcement of disease management activities will administer and enforce the rules as part of their current job duties and resources. Mr. Wolf also has determined that for each of the first five years the new rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be a reduction of the probability of CWD being spread from facilities and locations where it might exist and an increase in the probability of detecting CWD if it does exist, thus ensuring the public of continued enjoyment of the resource and also ensuring the continued beneficial economic impacts of hunting in Texas. There will be no adverse economic impact on persons required to comply with the rules as proposed, as the rules as proposed do not impose additional restrictions on any person. Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, (g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. These guidelines state that "[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency's regulatory jurisdiction." The guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a "direct economic impact." Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services. PROPOSED RULES July 21, TexReg 3619

26 Parks and Wildlife Code, (a), authorizes a person to whom a breeder permit has been issued to "engage in the business of breeding breeder deer in the immediate locality for which the permit was issued" and to "sell, transfer to another person, or hold in captivity live breeder deer for the purpose of propagation." As a result, deer breeders are authorized to engage in business activities; namely, the purchase and sale of breeder deer. The same is not true of other permits issued by the department that authorize possession of live deer and are affected by the proposed rules (DMP, Triple T), which authorize the trapping, temporarily detention, and release of deer, but unlike the deer breeder permit do not authorize a permit holder to buy or sell deer, or to exchange deer for anything of value. Thus, any adverse economic impacts to small and microbusinesses resulting from the rules would be limited to deer breeder permit holders. For the purposes of this analysis, the department considers all deer breeders to be small or microbusinesses. The department has determined that proposed rules will affect three deer breeders, all of which hold TC 3 status. The department has determined that there will be no adverse economic effects on the affected small businesses, microbusinesses, and persons required to comply with the rules as proposed, and, if anything, that any fiscal impacts will be positive, since the rules as proposed would allow the release of deer from a TC 3 breeding facility within a CZ or SZ if the facility is both MQ and under a herd plan that authorizes release to adjoining acreage, which would provide marketable hunting opportunity. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter The department has not drafted a local employment impact statement under the Administrative Procedures Act, , as the agency has determined that the rules as proposed will not result in direct impacts to local economies. The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed new rules. Any impacts resulting from the discovery of CWD in or near private real property would be the result of the discovery of CWD and not the proposed rules. Comments on the proposed rules may be submitted to Mitch Lockwood, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (830) ( mitch.lockwood@tpwd.texas.gov); or via the department's website at DIVISION 1. (CWD) 31 TAC 65.83, CHRONIC WASTING DISEASE The amendments and new section are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapter R, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that white-tailed deer may be temporarily detained in an enclosure; Subchapter R-1, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that mule deer may be temporarily detained in an enclosure (although the department has not yet established a DMP program for mule deer authorized by Subchapter R-1); and , which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission. The proposed amendments and new section affect Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter Special Provisions. A TC 3 breeding facility located in a CZ or SZ may release breeder deer to adjoining acreage under the same ownership, provided: (1) the title in the county deed records reflects that the surface of the release site and of the breeding facility is held by the same owner or owners; (2) the facility is designated as MQ under the provisions of of this title (relating to Breeding Facility Minimum Movement Qualification) and is in compliance with the requirements of of this title (concerning Movement of Breeder Deer); (3) the release is specifically authorized in a herd plan prepared for the facility by the Texas Animal Health Commission and TPWD; and (4) the TC 3 breeding facility that releases breeder deer under the provisions of this section is in compliance with all applicable provisions of this subchapter, including provisions relating to the testing of released breeder deer, except as specifically exempted under a herd plan prepared and approved by the department and TAHC and signed by the permit holder Preemption. To the extent a provision of this division [subchapter] conflicts with a provision of another subchapter of this chapter, or Division 2 of this subchapter, this division [subchapter] controls. 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 July 10, TRD Robert D. Sweeney, Jr. Acting General Counsel Texas Parks and Wildlife Department Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) DIVISION 2. CHRONIC WASTING DISEASE - MOVEMENT OF DEER 31 TAC The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected 42 TexReg 3620 July 21, 2017 Texas Register

27 wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapter R, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that white-tailed deer may be temporarily detained in an enclosure; Subchapter R-1, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that mule deer may be temporarily detained in an enclosure (although the department has not yet established a DMP program for mule deer authorized by Subchapter R-1); and , which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission. The proposed amendment affects Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter General Provisions. (a) To the extent that any provision of this division [subchapter] conflicts with any provision of this chapter other than Division 1 of this subchapter, this division [subchapter] prevails. (b) - (i) (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 July 10, TRD Robert D. Sweeney, Jr. Acting General Counsel Texas Parks and Wildlife Department Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TITLE 34. PUBLIC FINANCE PART 3. TEACHER RETIREMENT SYSTEM OF TEXAS CHAPTER 53. CERTIFICATION BY COMPANIES OFFERING QUALIFIED INVESTMENT PRODUCTS 34 TAC 53.6 The Teacher Retirement System of Texas (TRS) proposes new rule 53.6, relating to application and fee for certification. TRS proposes the new rule at the same TRS repeals existing rule TRS issued notice of the proposed repeal of existing 53.6 on June 16, On June 16, 2017, TRS also proposed a new rule 53.6 to replace the rule proposed for repeal. TRS is withdrawing new 53.6 as proposed on June 16, 2017, and replacing it with proposed updated rule language. Specifically, TRS is proposing a different Company Certification Fee than was noticed on June 16, Proposed new 53.6, titled "Application and Fee for Certification," clarifies the application requirements for companies providing both annuity and non-annuity products and sets out new application requirements regarding customer service disclosures for companies providing non-annuity products and investment options. The proposed rule provisions provide that certification of a non-annuity company is not conditioned on the provision of the customer services disclosed in the application. Additionally, the proposed rules set the five-year company certification fee at $5,000. Rebecca Merrill, Director of Strategic Initiatives, estimates that, for each year of the first five years that the proposed new 53.6 will be in effect, there will be no foreseeable implications relating to cost or revenues of the state or local governments as a result of enforcing or administering the new rules. Any cost to administer the new rules or update the certified company list will be offset by the $5,000 company certification fee. For each year of the first five years that the proposals will be in effect, Ms. Merrill and Brian Guthrie, TRS Executive Director, have determined that the public benefit is an effective and sustainable 403(b) company certification program. Article 6228a-5, Vernon's Texas Civil Statutes, requires TRS to certify annuity and non-annuity companies and provide a list of such companies on the TRS web site. The statute provides that TRS may set a company certification fee that does not exceed $5,000. The administrative and legal issues surrounding company certification have grown in complexity over the last several years as the 403(b) market has evolved. Difficult legal and process issues surrounding company certification necessitate additional resources. TRS may not use TRS pension trust funds or TRS health care insurance trust funds to subsidize the 403(b) company certification program. Additionally, the state does not appropriate general revenue funds for administration of the program. Therefore, absent the proposed fees, TRS would not have the resources to meet the company certification needs of an increasingly complex 403(b) market. Ms. Merrill has determined that the probable economic costs to entities or persons required to comply with the proposed rules are limited to the fees charged for certification of companies. There will be no effect on a local economy because of the proposals, and therefore no local employment impact statement is required under of the Government Code. Moreover, there will be no direct adverse economic effect on small businesses or micro-businesses as a result of enforcing the proposed rules, and therefore no statement about the effect of the proposals on small businesses is required under of the Government Code. Comments may be submitted in writing to Brian Guthrie, Executive Director, 1000 Red River Street, Austin, Texas Written comments must be received by TRS no later than 30 days after publication of this notice. Statutory Authority: The new rules are proposed under the following statutes: 6(a) of Article 6228a-5, Vernon's Texas Civil Statutes, which authorizes TRS, after consultation with the Texas Department of Insurance, the Texas Department of Banking, and the State Securities Board, to adopt rules to administer 5, 6 7, 8, 8A, 9A, 9B, 11, 12, and 13 of Article 6228a-5 relating to 403(b) company certification and product registration; and , PROPOSED RULES July 21, TexReg 3621

28 Government Code, which authorizes the Board to adopt rules for the administration of the funds of the retirement system. Cross-Reference to Statute: The proposed new rules do not affect any other statutes Application and Fee for Certification. (a) A company that meets the qualifications for certification may certify to TRS that it offers one or more qualified investment products, which shall be identified in the certification as annuity contracts, qualified investment products other than annuity contracts, including custodial accounts under 403(b)(7) of the Internal Revenue Code of 1986, or both. (b) A company applies for certification to TRS by providing all information required in this chapter in a form prescribed by TRS for this purpose and by paying the required certification fee. (c) A company that applies for certification shall pay a certification fee of $5,000 to TRS at the time its application is filed. (d) As part of its application for certification, a company shall affirm that each of its representatives is properly licensed and qualified, by training and continuing education, to sell and service the company's eligible qualified investment products and that the company will demonstrate this annually to TRS, as required by Article 6228a-5, Texas Revised Civil Statutes. (e) As part of its application for certification, a company that offers qualified investment products other than annuity contracts shall disclose to TRS as part of its application whether it provides the following customer services: (1) Call center services, including enrollment and member support for all program inquiries such as case management, escalation and problem resolution. (2) Data management services, including creation and maintenance of records, transaction data and history, supplier interfaces and necessary files for updating payroll systems. (3) Custody services, including state and federal tax withholding and form preparation. (4) Member information services, including: (A) providing to each employee an account statement both quarterly and upon request in either written or electronic form as specified by the employee; and (B) disclosing to each employee the amount of product administration fees, administrative services fees, and investment management fees. (5) Processing services, including: (A) depositing member contributions within a required number of business days of receiving all required information; and (B) releasing funds to a member pursuant to a distribution request or rolling over funds to another account within a required number of business days of receiving all required information. (6) Plan-level services, including reporting of total assets on an educational institution level upon request and annual disclosure of all investment and administrative services fees paid by employees. (f) Certification of a company that offers qualified investment products and investment options other than annuity contracts shall not be conditioned on whether the company offers the customer services listed in subsection (e) of this section. (g) A company applying for certification that offers both annuity contracts and investments other than annuity contracts, including custodial accounts, shall pay one certification fee if the company files its application for both types of qualified investment products at the same time. If the applications are filed separately, a company shall pay a separate certification fee for each separate certification. (h) A company applying for certification under both 53.5(a) and (b) of this chapter (relating to Qualifications for Certification by Companies Offering Qualified Investment Products Other than Annuity Contracts) shall pay one certification fee if the company files its application under both 53.5(a) and (b) at the same time. If the applications are filed separately, the company shall pay a separate certification fee for each separate application. (i) If a company proposes to certify more than one legal entity, the company shall submit separate applications and fees for each legal entity. (j) A company that submits an application for certification shall notify TRS immediately upon discovery that it has submitted erroneous or misleading information in its application. TRS shall deny any application containing erroneous or misleading information unless the company submits a corrected application within five (5) business days after notifying TRS of the erroneous or misleading information. (k) TRS shall issue a letter or notice verifying that a company is certified upon determining that it meets the qualifications for certification as required under Article 6228a-5, Texas Revised Civil Statutes and payment of the certification fee. (l) Certification is effective for five (5) years from the date that TRS issues, by letter or electronic mail notice, that a company has been certified. (m) Certification remains in effect in accordance with the provisions of this section unless revoked or suspended by TRS or withdrawn by the company through written notice to TRS. (n) TRS may deny a company's application for certification if the company does not provide all of the required information, if the information provided indicates the company does not meet the requirements for certification, or if TRS receives notification of a violation regarding the company from the Texas Department of Insurance, the Texas Department of Banking, the State Securities Board, the Texas Attorney General, or the company. (o) TRS shall notify a company if it determines that the application for certification should be denied. A company whose application for certification is denied may re-apply for certification by submitting a new application and showing that it meets the requirements. (p) If TRS denies the application for certification, TRS may retain the amount of the certification fee sufficient to reimburse TRS for its administrative costs associated with review of the application. TRS may hold the entire certification fee for no more than forty-five (45) business days after denial in order to determine whether the company will submit a new application for certification. (q) No portion of a certification fee is refundable if TRS revokes or suspends a certification or if a company surrenders its certification after it has been issued by TRS. 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 July 10, TRD TexReg 3622 July 21, 2017 Texas Register

29 Brian Guthrie Executive Director Teacher Retirement System of Texas Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TAC 53.9 The Teacher Retirement System of Texas (TRS) proposes to adopt the new rule 53.9, relating to application and fee for approval to register products and investment options. TRS proposes to adopt the new rule at the same TRS repeals existing rule TRS issued notice of the proposed repeal of existing 53.9 on June 16, On June 16, 2017, TRS also proposed a new rule 53.9 to replace the rule proposed for repeal. TRS is withdrawing new 53.9 as proposed on June 16, 2017, and replacing it with proposed updated rule language. Specifically, TRS is proposing a different Product Registration Fee than was noticed on June 16, Proposed new 53.9, titled, "Application and Fee for Approval to Register Products and Investment Options," clarifies the process to apply to register products and investment options, and sets the product registration fee at $10,000 per five-year product registration period. Rebecca Merrill, Director of Strategic Initiatives, estimates that, for each year of the first five years that proposed new 53.9 will be in effect, there will be no foreseeable implications relating to cost or revenues of the state or local governments as a result of enforcing or administering the new rules. Any cost to administer the new rules or update the Product Registration System will be offset by the $10,000 proposed product registration fee. For each year of the first five years that the proposals will be in effect, Ms. Merrill and Brian Guthrie, TRS Executive Director, have determined that the public benefit is an effective and sustainable 403(b) product registration program. Article 6228a-5, Vernon's Texas Civil Statutes, requires TRS to register eligible qualified investment products and provide a list of such products on the TRS web site. The statute requires TRS to set the fee for registration of a qualified investment product at a reasonable amount necessary to recover the cost to TRS of administering the product registration program. The administrative and legal issues surrounding product registration have grown in complexity over the last several years as the 403(b) market has evolved. Additionally, TRS is updating its Product Registration System to provide more transparency for the public, including capturing information such as investment option asset class and the breakout of product administrative fees and expense ratio fees. Addressing these complexities and updating the Product Registration System necessitates additional resources. TRS may not use TRS pension trust funds or TRS health care insurance trust funds to subsidize the 403(b) product registration program. Additionally, the state does not appropriate general revenue funds for administration of the program. Therefore, absent the proposed fees, TRS would not have the resources to meet the needs of an increasingly complex 403(b) market and update the Product Registration System to capture more transparent product and investment option information. Ms. Merrill has determined that the probable economic costs to entities or persons required to comply with the proposed rules are limited to the fees charged for registration of products. There will be no effect on a local economy because of the proposals, and, therefore, no local employment impact statement is required under of the Government Code. Moreover, there will be no direct adverse economic effect on small businesses or micro-businesses as a result of enforcing the proposed rules, and, therefore, no statement about the effect of the proposals on small businesses is required under of the Government Code. Comments may be submitted in writing to Brian Guthrie, Executive Director, 1000 Red River Street, Austin, Texas Written comments must be received by TRS no later than 30 days after publication of this notice. Statutory Authority: The new rules are proposed under the following statutes: 6(a) of Article 6228a-5, Vernon's Texas Civil Statutes, which authorizes TRS, after consultation with the Texas Department of Insurance, the Texas Department of Banking, and the State Securities Board, to adopt rules to administer 5, 6 7, 8, 8A, 9A, 9B, 11, 12, and 13 of Article 6228a-5 relating to 403(b) company certification and product registration; and , Government Code, which authorizes the Board to adopt rules for the administration of the funds of the retirement system. Cross-Reference to Statute: The proposed new rules do not affect any other statutes Application and Fee for Approval to Register Products and Investment Options. (a) In order to register eligible qualified investment products or investment options, a certified company shall apply for and receive from TRS an approval to register products and investment options. (b) A certified company may apply for approval to register products and investment options by providing all the information required by TRS and by paying the required registration fee at the time it submits the application. A certified company shall submit information in the format and manner required by TRS. TRS may require a company to provide information electronically. (c) Approval to register products and investment options is effective on the date TRS notifies a company by letter or electronic mail of the approval. Approval to register products and investment options remains in effect for a period of five (5) years from the effective date, unless the approval to register products and investment options is suspended, revoked, or withdrawn. (d) A certified company shall pay a registration fee of $10,000 to TRS when the company submits its application for approval to register products and investment options. (e) A certified company that submits an application for approval to register products and investment options shall notify TRS immediately upon discovery that it has submitted erroneous or misleading information in its application. TRS shall deny any application containing erroneous or misleading information unless the company submits a corrected application within five (5) business days after notifying TRS of the erroneous or misleading information. (f) TRS may deny a certified company's application for approval to register products and investment options if the company does not provide all of the required information, if the information provided indicates the certified company does not meet the requirements for approval to register products and investment options, or if the certified company fails to pay the registration fee. (g) TRS shall notify a certified company if it determines that the application for approval to register products and investment options should be denied. A certified company whose application for approval to register products and investment options is denied may re-apply for PROPOSED RULES July 21, TexReg 3623

30 approval to register products and investment options by submitting a new application for approval to register products and investment options and showing that it meets the requirements. (h) If TRS denies the application for approval to register products and investment options, TRS may retain the amount of the registration fee sufficient to reimburse TRS for its administrative costs associated with review of the application. TRS may hold the entire registration fee for no more than forty-five (45) business days after denial or withdrawal in order to determine whether the company will submit a new application for approval to register products and investment options. (i) No portion of a product registration fee is refundable if TRS revokes or suspends an approval to register products and investment options or if a company surrenders its approval to register products and investment options after it has been issued by TRS. 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 July 10, TRD Brian Guthrie Executive Director Teacher Retirement System of Texas Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TITLE 37. PUBLIC SAFETY AND CORREC- TIONS PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE CHAPTER 151. GENERAL PROVISIONS 37 TAC The Texas Board of Criminal Justice proposes amendments to 151.8, concerning Advisory Committees. The amendments are proposed in conjunction with a proposed rule review of as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting. Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government. Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule. Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register. The amendments are proposed under Texas Government Code , , , , and Chapter 2110; Texas Health & Safety Code , and Cross Reference to Statutes: None Advisory Committees. (a) General. This section identifies advisory committees related to the Texas Department of Criminal Justice (TDCJ) and established by or under state law. The TDCJ Business and Finance Division shall annually evaluate each committee' s work, usefulness, and costs of existence, and [it shall] report that information biennially to the Legislative Budget Board. (b) Judicial Advisory Council (JAC). The JAC exists pursuant to Texas Government Code (b). The purpose, tasks, and reporting procedures for the JAC are described in 37 Texas Administrative Code relating to the Role of the Judicial Advisory Council. The JAC is abolished on September 1, (c) Texas State Council for Interstate Adult Offender Supervision (council). Pursuant to [Texas Government Code] Chapter 510 of the Texas Government Code, the council shall advise the administrator for the Interstate Compact for Adult Offender Supervision and the state's commissioner to the Interstate Commission for Adult Offender Supervision, on the state's participation in commission activities and the administration of the compact. Periodic reporting takes place through meetings held prior to or following a National Commission meeting. Through these meetings, the administrator can discuss issues on a national scope with the national commissioner and the council can provide verbal feedback and direction. (d) Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments (ACOOMMI). Pursuant to [Texas Health and Safety Code] Chapter 614 of the Texas Health and Safety Code, the ACOOMMI shall advise the Texas Board of Criminal Justice (TBCJ) and the director of the Texas Correctional Office on Offenders with Medical or Mental Impairments on matters related to offenders with medical or mental impairments. The ACOOMMI shall be given the opportunity to report to the TBCJ at each regularly scheduled meeting. The ACOOMMI is abolished on September 1, 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 July 6, TRD Sharon Howell General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: August 20, 2017 For further information, please call: (936) CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION SUBCHAPTER D. OTHER RULES 37 TAC The Texas Board of Criminal Justice proposes amendments to , concerning Authorized Witnesses to the Execution of an Offender Sentenced to Death. The amendments are proposed in conjunction with a proposed rule review of as 42 TexReg 3624 July 21, 2017 Texas Register

31 published in other sections of the Texas Register. The proposed amendments are necessary to update formatting. Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government. Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule. Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register. The amendments are proposed under Texas Government Code ; Texas Code of Criminal Procedure art Cross Reference to Statutes: None Authorized Witnesses to the Execution of an Offender Sentenced to Death. (a) Purpose. The purpose of this rule [section] is to specify those adults [persons], 18 years of age or older, who are authorized to witness the scheduled execution of an offender who has been sentenced to death. (b) Victim Witnesses. Five close relatives of the victim and a spiritual advisor may be victim witnesses. The total number of victim witnesses shall not exceed six, unless the provision in paragraph 3 of this subsection [under (b)(3) of this section] applies, at which time the number of victim witnesses shall not exceed seven. (1) "Close relative of the victim" means the following persons in relation to the victim for whose death the offender has been scheduled for execution: death; (A) The spouse of the victim at the time of the victim's (B) A parent or stepparent of the victim; (C) An adult brother, sister, child, or stepchild of the victim; [adult is defined as anyone 18 years of age or older;] or (D) An individual who had a close relationship with the victim or has a close relationship with a relative of the victim, with the recommendation of the Victim Services Division (VSD) director and [the] approval of the Correctional Institutions Division (CID) director. (2) If there are fewer than five close relatives of the victim, others may be permitted to attend the execution as follows: (A) Close relatives of a victim for whose death the offender has been convicted but not sentenced to death; (B) Close relatives of a victim for whose death the offender is unequivocally responsible, with the recommendation of the VSD director and approval of the CID director; and (C) Surviving victim of a crime for which the offender has been convicted and sentenced to death, with the recommendation of the VSD director and approval of the CID director. (3) If there are multiple victims involved relating to the offense for which the offender has been convicted and sentenced to death, the total number of witnesses shall be increased to seven. (4) The spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the victim's close relatives' religion. (c) Offender Witnesses. Individuals that may be offender witnesses are as follows: (1) Five relatives or friends and a spiritual advisor, if requested by the condemned offender, are eligible to attend the execution of the condemned offender if: (A) The condemned offender provides a list of witnesses and the name or type of spiritual advisor requested to attend the execution to the death row supervisor or warden's designee at least 14 days prior to the date of execution; and (B) The witnesses requested are on the offender's approved Visitors List and are 18 years of age or older. (2) If less than 14 days prior to the scheduled execution the condemned offender requests to change the names of previously submitted witnesses or requested spiritual advisor, the offender shall submit a request in writing to the CID director who shall approve or disapprove the changes. (3) The spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the condemned offender's elected religion. (d) Other Witnesses. The only persons other than those listed in subsection (b) and (c) [above] who are authorized to witness an execution are: (1) Texas Department of Criminal Justice (TDCJ) staff or law enforcement staff as deemed necessary by the CID director; (2) Members of the Texas Board of Criminal Justice; (3) Inspector general or designee and [the] Office of the Inspector General assigned staff as deemed necessary by the inspector general; (4) TDCJ chaplains; (5) Walker County judge; (6) Walker County sheriff; (7) Media pool representatives consisting of: (A) One reporter from the Huntsville Item; (B) One reporter from the Associated Press; (C) Three additional print media or broadcast media representatives selected from a list of applicants maintained by the TDCJ Public Information Office; and (8) Any other person approved by the TDCJ CID director. (e) Prohibition of Attendance. Any offender currently confined within the TDCJ is specifically denied authorization to witness the execution of an offender. (f) Victim Notification. (1) The VSD shall maintain a list of scheduled executions and any subsequent updates regarding significant changes pertaining to the execution, such as dates or court rulings. The Executive Clemency Section of the Board of Pardons and Paroles will provide a list of scheduled executions to the VSD in an expedient manner. PROPOSED RULES July 21, TexReg 3625

32 (2) The VSD is responsible for notifying the victim(s) or close relatives of the victim of the scheduled execution date, time, and location, upon request. It is the responsibility of the victim(s) or close relatives to notify the VSD of any [subsequent] address or telephone number changes and their intent to attend. (3) The relatives of the victim, and surviving victims, shall be identified and approved by the VSD. (4) It is the responsibility of the VSD to notify the CID director, no later than five days prior to the scheduled execution date, of the names and contact numbers for the victim's witnesses who plan to attend. (5) The VSD shall contact the relatives of the victim, and surviving victims, and provide information regarding the written procedures affecting their participation. (g) Requirements for the Execution Chamber. The room provided for the execution shall be arranged so that: (1) There is sight and sound separation between any offender witnesses and any victim witnesses; and (2) There is sound separation between the condemned offender and those in attendance, except arrangements shall be provided to allow those in attendance to hear the statements of the condemned offender. 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 July 6, TRD Sharon Howell General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: August 20, 2017 For further information, please call: (936) TAC The Texas Board of Criminal Justice proposes amendments to , concerning Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails. The amendments are proposed in conjunction with a proposed rule review of as published in other sections of the Texas Register. The proposed amendments are necessary to update formatting. Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government. Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to update the existing rule. Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register. The amendments are proposed under Texas Government Code and Cross Reference to Statutes: None Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails. (a) Definitions. The following words and terms, when used in this rule [section], shall have the following meanings unless the context clearly indicates otherwise. (1) "Assistance" [Assistance] refers to Texas Department of Criminal Justice (TDCJ) resources provided to law enforcement agencies or departments, and non-agent private prisons or jails such as personnel, equipment, vehicles, horses, tracking pack or scent specific canines, and chemical agents. (2) "Emergency situation" [Emergency Situation] is an event determined by a law enforcement agency that presents an immediate or potential threat to public safety if the TDCJ's assistance is not received. The situation will generally involve multiple offenders, an escape, or a hostage situation. (3) "Law enforcement agency or department" [Law Enforcement Agency or Department] is defined as the Texas Department of Public Safety (DPS), including the Texas Rangers; a municipal police department; a county sheriff's department; a federal law enforcement agency; a university police department; a campus police department; or a school district police department. (4) "Non-agent private prison or jail" [Non-Agent Private Prison or Jail] is any privately operated or owned prison or jail in Texas that does not have a contract with the TDCJ to house TDCJ offenders. (5) "TDCJ facility" [TDCJ Facility] is any facility operated by or under contract with the TDCJ. (b) Policy. It is the policy of the TDCJ to assist law enforcement agencies or departments requesting assistance in an emergency situation that presents an immediate or potential threat to public safety, such as apprehending an escapee of a municipal or county jail or a privately operated or federal correctional facility, if the TDCJ determines that providing assistance will not jeopardize the safety and security of the TDCJ and its personnel. (c) Procedures. (1) Request for Assistance. (A) If a non-agent private prison or jail believes that an emergency situation has arisen, it must immediately notify the nearest law enforcement agency [in order] to qualify for the TDCJ's assistance. In the case of a non-agent private prison or jail that operates a facility holding county inmates, the facility must first notify the county sheriff [in order] to qualify for the TDCJ's assistance. (B) The law enforcement agency shall then determine whether the situation is indeed an emergency situation as defined in subsection (a)(2) of this rule [section]. If the situation is determined to be an emergency, the law enforcement agency shall identify the scope of assistance being requested by consulting with the non-agent private prison or jail to determine: (i) Number and type of personnel needed; (ii) Number and type of vehicles needed; (iii) Amount and type of riot equipment needed; 42 TexReg 3626 July 21, 2017 Texas Register

33 (iv) Number and type of weapons needed, including chemical agents; (v) Number of tracking pack or scent specific canines needed; and (vi) Number of horses needed. (C) After a Texas Ranger, DPS sergeant or higher ranking officer, county sheriff, or municipal police chief reviews the information gathered in subsection (c)(1)(b) of this rule [section] and concurs with the scope of assistance required from the TDCJ, law enforcement agency staff may call the nearest TDCJ facility's warden or designee to request assistance. The law enforcement agency shall describe the assistance being requested and agree to have a representative available to take an active role at the site of the emergency situation when the TDCJ team arrives. (2) Approval. (A) The TDCJ warden or designee shall contact the appropriate Correctional Institutions Division (CID) regional director for approval to render assistance. The regional director may agree to provide assistance if the assistance will [shall] not jeopardize the safety and security of the TDCJ and its personnel. (B) Once the TDCJ's assistance is approved, the warden or designee shall, in conjunction with the CID regional director, determine what requested resources shall be sent, based on the assessment of the information received as well as concurrent TDCJ needs. The warden or designee shall designate the senior member of the TDCJ emergency assistance team. (3) Emergency Assistance. (A) The responding TDCJ facility shall report the request for assistance and the facility's response to the Emergency Action Center (EAC) in accordance with AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents." The warden or designee shall be responsible for all follow-up actions as required by the directive. (B) Arrival at the Emergency Situation Site. (i) Upon arrival at the scene of the emergency situation site, the senior member of the TDCJ team shall be briefed by the representative of the law enforcement agency, department, or nonagent private prison or jail required by subsection (c)(1)(c) of this rule [section]. (ii) The senior member of the TDCJ team shall have sole discretion as to which TDCJ resources shall be deployed. (C) The senior member of the TDCJ team shall be in charge of the TDCJ resources, to include personnel, at all times. (D) If the emergency situation requires the use of tracking pack or scent specific canines, the requirements of AD-03.26, "The Use of TDCJ Canines," ["Use and Training of Tracking Pack and Scent Specific Canines,"] shall be followed. (d) Reimbursement for Assistance. The non-agent private prison or jail shall reimburse the TDCJ for all assistance rendered, to include the cost of employees, equipment, and supplies, as well as a minimum of $1,000 for administrative overhead expenses. The TDCJ executive director may waive this requirement. 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 July 6, TRD Sharon Howell General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: August 20, 2017 For further information, please call: (936) CHAPTER 159. SPECIAL PROGRAMS 37 TAC The Texas Board of Criminal Justice proposes amendments to 159.1, concerning Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria. The amendments are proposed in conjunction with a proposed rule review of as published in other sections of the Texas Register. The proposed amendments are necessary to clarify that offenders with United States Immigration and Customs Enforcement (ICE) detainers are not eligible to participate in substance abuse felony punishment facilities and to update formatting. Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government. Mr. McGinty has also determined that for each year of the first five year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to ensure that offenders with ICE detainers are not considered for SAFPF placement. Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register. The amendments are proposed under Texas Government Code , ; Texas Code of Criminal Procedure art. 42A.303. Cross Reference to Statutes: None Substance Abuse Felony Punishment Facilities Eligibility Criteria. (a) Offenders with a [detainer filed by the] United States Immigration and Customs Enforcement detainer are not eligible to participate. Offenders with [or] a felony detainer are not eligible to partici- pate unless the jurisdiction that placed the detainer agrees not to seek custody of the offender [defendant] until after the program and continuum of care requirements have been completed. Exceptions may be made on a case-by-case basis. Offenders sentenced to a prison term and ordered to participate in a substance abuse felony punishment facility (SAFPF) program as a condition of community supervision shall be transferred to a SAFPF six to nine months prior to their projected release date on the [prison] sentence. (b) Offenders shall be physically and mentally capable of uninterrupted participation in a rigorous, stressful, and confrontational therapeutic community program. Offenders with special medical or behavioral health [psychological] needs shall meet the eligibility criteria for a [the] Special Needs SAFPF as defined in both the Community PROPOSED RULES July 21, TexReg 3627

34 Justice Assistance Division's (CJAD's) CJAD/SAFPF Procedure Manual and the [and the] Substance Abuse Treatment Operations Manual. (c) Offenders who have signs or symptoms of acute drug or alcohol withdrawal or who require detoxification are not eligible to participate until they have detoxified. (d) Pretrial detainees are eligible to participate if ordered to do so pursuant to a drug court program established under Texas Government [Health and Safety] Code [ ] or a similar program. A pretrial detainee is not eligible to participate in a [the] SAFPF program unless the detainee has been unsuccessfully discharged from an outpatient substance abuse treatment program and a residential substance abuse treatment facility, if available, as a condition of a pretrial order for the charges that are currently pending. (e) Offenders convicted of offenses for which sex offender registration is required are not eligible to participate. (f) Offenders under the age of 18 are not eligible to participate. 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 July 6, TRD Sharon Howell General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: August 20, 2017 For further information, please call: (936) TITLE 40. SOCIAL SERVICES AND ASSIS- TANCE PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES CHAPTER 711. INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of Family and Protective Services (DFPS), proposes amendments to 711.3, 711.5, , , , , , , and ; the repeal of ; and new and in Chapter 711, concerning Investigations of Individuals Receiving Services From Certain Providers. BACKGROUND AND PURPOSE The purpose of the amendments, repeal, and new sections are intended to address specific challenges created by the expanded scope and jurisdiction of Adult Protective Services (APS) while incorporating stakeholder input. Senate Bills 760 and 1880, 84(R), 2015, expanded the scope and jurisdiction of the APS Provider Investigations (PI) program to resolve gaps, inconsistencies and ambiguities in the investigation of abuse, neglect and exploitation of individuals receiving Medicaid home and community-based services. The expansion ensured Texas was in compliance with revised Centers for Medicare and Medicaid Services requirements to ensure the health and welfare of consumers. SBs 760 and 1880 also brought the APS statutory framework up to date regarding the transition to managed care from the 83rd Legislature. With the expanded scope and jurisdiction, APS received additional funding for staff to manage the increased intakes. However, the increase in intakes has far exceeded projections. APS PI intakes increased 73% from FY 15 to FY 16, but completed investigations increased by only 5%. Despite the initial additional staff, the number of intakes has exceeded staff capacity; cases have backlogged; and cases have taken longer to complete. SECTION-BY-SECTION SUMMARY The proposed amendment of adds a definition for allegation type to terms. This definition was added to so the term could be used elsewhere in rule to aid with clear and concise rule drafting. The proposed amendment of amends the language to incorporate the term "allegation type" into this section. The proposed amendment of adds seclusion to the definition of physical abuse and makes an additional TAC reference to 40 TAC 45, Subchapter H (Additional DSA Requirements). At the request of stakeholder input, seclusion and an additional TAC reference was added to the definition of physical abuse. The proposed amendment of removes limiting language from the definition of sexual abuse. As a result of stakeholder input, this amendment removes the word "paid" from direct provider in subchapter (b) of the definition of sexual abuse. This changes the meaning of the definition to include unpaid providers such as volunteers or interns. The proposed amendment of adds a correlating TAC reference to mirror the addition to physical abuse definition in The addition of this TAC reference is to ensure the complete definition of physical abuse is reflected in this rule relating to what is not considered abuse, neglect, or exploitation. The repeal of allows for the creation of and the division notification requirements between new and Proposed new describes the requirements for notification to law enforcement and the OIG when the investigator receives an intake and when the identity of the reporter is revealed. The new rule allows for more comprehensive requirements for notification to law enforcement and the OIG. Subsection (a) provides instructions for notification to the OIG that are in compliance with the Memorandum of Understanding between DFPS and the OIG. Subsection (b) and (c) outline new requirements for notification to law enforcement that allow the investigator to submit a more thorough report to law enforcement agencies when a crime is suspected. The rule states that the identity of the reporter is revealed in notifications to both law enforcement and OIG. APS reached out to law enforcement during the rules process. Law enforcement supports the proposed new rule which extends notification timeframes in certain circumstances. Proposed new describes the requirements for notification to provider agencies and Health and Human Services (HHS) agencies when the investigator receives an intake. The proposed amendment of describes how investigations are prioritized when Statewide Intake receives an intake for APS Provider Investigations. The amended language describes when the allegation of exploitation can be classified as a Prior- 42 TexReg 3628 July 21, 2017 Texas Register

35 ity III. New language also describes when a more urgent priority takes precedence. The proposed amendment of describes the requirements for conducting a face-to-face contact with the victim. New language specifies exceptions, requirements and time frames. This amendment was made as a result of increased intakes resulting from APS's expanded scope and jurisdiction. The proposed amendment of describes the time frame requirements for completing an investigation. No changes were made to language related to investigation time frames in a SSLC, the ICF component of the Rio Grande State Center, or state hospitals. However, language was added to increase investigation time frames to 30 days in all other settings. This amendment was made as a result of the workload increase resulting from APS's expanded scope and jurisdiction. The proposed amendment of amends language to allow the program administrator to appoint a designee to approve an extension. This amendment was made as a result of the workload increase resulting from APS's expanded scope and jurisdiction. FISCAL NOTE Lisa Subia, Chief Financial Officer of DFPS, has determined that for each year of the first five years that the section(s) will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the section(s) as proposed. SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALY- SIS Ms. Subia has also determined that there will be no adverse impact on small businesses or micro-businesses required to comply with the section(s) as proposed. ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed. There is no anticipated negative impact on local employment. PUBLIC BENEFIT Ms. Subia, has determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the proposed rules. The anticipated benefit will be better quality reports to law enforcement by APS, increased focus on serious allegation investigations, and a more thorough investigation of abuse, neglect, and exploitation for individuals receiving services from certain providers in certain circumstances. TAKINGS IMPACT ASSESSMENT Ms. Subia has determined that the proposed amendments, repeal and new sections do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under , Government Code. PUBLIC COMMENT Written comments on the proposal may be submitted to Michael Roberts, APS Policy Manager, 701 W 51st St, Austin, TX 78751; by fax to (512) , or by to APSPolicy@dfps.state.tx.us within 30 days of publication of this proposal in the Texas Register. To be considered, comments must be submitted no later than 30 days after the date of this issue of the Texas Register. The last day to submit comments falls on a Sunday; therefore, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) faxed or ed by midnight on the last day of the comment period. When faxing or ing comments, please indicate "Comments on Proposed Rule 40R028 in the subject line. SUBCHAPTER A. INTRODUCTION 40 TAC 711.3, 711.5, , , STATUTORY AUTHORITY These amended rules are proposed under Human Resources Code (HRC) and Government Code , which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services. The proposed amended rules implement HRC How are the terms in this chapter defined? The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (1) - (4) (No change.) (5) Allegation type--the type of allegation investigated under this chapter. APS investigates the following allegation types: (A) physical abuse; (B) sexual abuse; (C) verbal/emotional abuse; (D) neglect; and (E) exploitation. (6) [(5)] Alleged perpetrator-- A direct provider alleged to have committed an act of abuse, neglect, or exploitation. (7) [(6)] Child--A person under 18 years of age who: (A) is not and has not been married; or (B) has not had the disabilities of minority removed pursuant to the Texas Family Code, Chapter 31. (8) [(7)] Clinical practice--relates to the demonstration of professional competence of a licensed professional as described by the appropriate licensing professional board. (9) [(8)] Community center--a community mental health center; community center for individuals with intellectual or developmental disabilities; or community mental health center and community center for individuals with intellectual or developmental disabilities, established under the Health and Safety Code, Title 7, Chapter 534, Subchapter A. (10) [(9)] Consumer Directed Services (CDS) employer--a consumer directed services client or their legally authorized representative. (11) [(10)] DADS--Department of Aging and Disability Services. (12) [(11)] DFPS--Department of Family and Protective Services. (13) [(12)] DSHS--Department of State Health Services. PROPOSED RULES July 21, TexReg 3629

36 (14) [(13)] Designated Perpetrator--A direct provider who has committed an act of abuse, neglect, or exploitation. (15) [(14)] Direct Provider--A person, employee, agent, contractor, or subcontractor of a service provider responsible for providing services to an individual receiving services. (16) [(15)] Emergency order for protective services--a court order for protective services obtained under Human Resources Code, (17) [(16)] Facility-- (A) DADS and DSHS central offices, state supported living centers, state hospitals, the Rio Grande State Center, the Waco Center for Youth, the El Paso Psychiatric Center, and community services operated by DADS or DSHS; (B) A person contracting with a health and human services agency to provide inpatient mental health services; and (C) Intermediate care facilities for individuals with an intellectual disability or related conditions (ICF-IID) licensed under Chapter 252, Health and Safety Code. (18) [(17)] HHSC--Health and Human Services Commission. (19) [(18)] Home and community-based services--have the meaning given to them in Human Resources Code (a)(5) as services provided in the home or community in accordance with 42 U.S.C. 1315, 42 U.S.C. 1315a, 42 U.S.C. 1396a, or 42 U.S.C. 1396n. (20) [(19)] Home and community-based services (HCS) waiver program--the Medicaid program authorized under 1915(c) of the federal Social Security Act (42 U.S.C. 1396n(c)) for the provision of services to persons with an intellectual or developmental disability described by (11)(B), Government Code. (21) [(20)] Home and community support services agency (HCSSA)--An agency licensed under Chapter 142, Health and Safety Code. (22) [(21)] ICF-IID--A licensed intermediate care facility for individuals with an intellectual disability or related conditions as described in Chapter 252, Health and Safety Code. (23) [(22)] Incitement--To spur to action or instigate into activity, the term implies responsibility for initiating another's actions. (24) [(23)] Individual receiving services-- (A) An adult or child who receives services from a provider as that term is defined in (a)(9), Human Resources Code. (B) An adult or child who lives in a residence that is owned, operated, or controlled by an HCS waiver program provider regardless of whether the individual is receiving HCS waiver program services; or (C) A child receiving services from a HCSSA. (25) [(24)] Investigator--An employee of Adult Protective Services who has: (A) demonstrated competence and expertise in conducting investigations; and (B) received training on techniques for communicating effectively with individuals with a disability. (26) [(25)] Limited Service Provider--An entity that contracts with a service provider to provide services. (27) [(26)] Local authority-- Either: (A) a local mental health authority designated by the HHSC executive commissioner in accordance with , Health and Safety Code, and as defined by , Health and Safety Code; or (B) a local intellectual and developmental disability authority designated by the HHSC executive commissioner in accordance with 533A.035, Health and Safety Code, and as defined by , Health and Safety Code. (28) [(27)] Non-serious physical injury-- (A) In state supported living centers and state hospitals only, any injury requiring minor first aid and determined not to be serious by a registered nurse, advanced practice registered nurse (APRN), or physician. (B) For all other service providers any injury determined not to be serious by the appropriate medical personnel. Examples of non-serious physical injury include: smaller; or (i) (ii) (iii) superficial laceration; contusion two and one-half inches in diameter or abrasion. (29) [(28)] Perpetrator--A direct provider who has committed or alleged to have committed an act of abuse, neglect, or exploitation. (30) [(29)] Preponderance of evidence--evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. (31) [(30)] Prevention and management of aggressive behavior (PMAB)--DADS and DSHS' proprietary risk management program that uses the least intrusive, most effective options to reduce the risk of injury for persons served and staff from acts or potential acts of aggression. (32) [(31)] Provider--A provider is: (A) a facility; (B) a community center, local mental health authority, and local intellectual and developmental disability authority; (C) a person who contracts with a health and human services agency or managed care organization to provide home and community-based services; (D) a person who contracts with a Medicaid managed care organization to provide behavioral health services; (E) a managed care organization; (F) an officer, employee, agent, contractor, or subcontractor of a person or entity listed in subparagraphs (A)-(E) of this paragraph; and (G) an employee, fiscal agent, case manager, or service coordinator of an individual employer participating in the consumerdirected service option, as defined by , Government Code. (33) [(32)] Reporter--The person, who may be anonymous, making an allegation. 42 TexReg 3630 July 21, 2017 Texas Register

37 (34) [(33)] Serious physical injury-- (A) In state supported living centers and state hospitals only, any injury requiring medical intervention or hospitalization or any injury determined to be serious by a physician or APRN. Medical intervention is treatment by a licensed medical doctor, osteopath, podiatrist, dentist, physician assistant, or APRN. For the purposes of this subchapter, medical intervention does not include first aid, an examination, diagnostics (e.g., x-ray, blood test), or the prescribing of oral or topical medication; (B) For all other service providers, any injury determined to be serious by the appropriate medical personnel. Examples of serious physical injury include: diameter; (vii) any laceration requiring sutures or wound closure. (i) fracture; (ii) dislocation of any joint; (iii) internal injury; (iv) contusion larger than two and one-half inches in (v) concussion; (vi) second or third degree burn; or (35) [(34)] Service Provider--A provider, HCSSA, or HCS waiver program provider responsible for employing, contracting with, or supervising the direct provider. (36) [(35)] Sexually transmitted disease--any infection with or without symptoms or clinical manifestations that can be transmitted from one person to another by sexual contact. (37) [(36)] Texas Home Living (TxHmL) waiver program- -The Medicaid program authorized under 1915(c) of the federal Social Security Act (42 U.S.C. 1396n(c)) for the provision of services to persons with an intellectual or developmental disability described by (11)(D), Government Code. (38) [(37)] Victim--An individual receiving services who is alleged to have been abused, neglected, or exploited What does APS investigate under this chapter? (a) When the alleged perpetrator is a direct provider, or is unknown, and the alleged victim is an individual receiving services, APS investigates the following allegation types [allegations of]: (1) - (5) (No change.) (b) (No change.) How is physical abuse defined? In this chapter, when the alleged perpetrator is a direct provider, physical abuse is defined as: (1) - (2) (No change.) (3) the use of chemical or bodily restraints or seclusion on an individual receiving services not in compliance with federal and state laws and regulations, including: (A) - (H) (No change.) (I) 40 TAC Chapter 42, Subchapter D (relating to Additional Program Provider Provisions); [and] (J) 1 TAC Chapter 353, Subchapter C (relating to Member Bill of Rights); and [.] (K) 40 TAC Chapter 45, Subchapter H (relating to Additional DSA Requirements) How is sexual abuse defined? (a) (No change.) (b) Notwithstanding any other provision in this section, consensual sexual activity between a direct provider and an adult receiving services is not considered sexual abuse if the consensual sexual relationship began prior to the direct provider becoming a [paid] direct provider What is not considered abuse, neglect, or exploitation? Abuse, neglect, and exploitation do not include the following: (1) the proper use of restraints and seclusion, including Prevention and Management of Aggressive Behavior (PMAB), and the approved application of behavior modification techniques as described in: (A) - (H) (No change.) (I) 40 TAC Chapter 42, Subchapter D (relating to Additional Program Provider Provisions); [and] (J) 1 TAC Chapter 353, Subchapter C (Member Bill of Rights); and (K) 40 TAC Chapter 45, Subchapter H (relating to Additional DSA Requirements). (2) - (3) (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 July 10, TRD Audrey Carmical General Counsel Department of Family and Protective Services Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) SUBCHAPTER E. CONDUCTING THE INVESTIGATION 40 TAC The repeal is proposed under Human Resources Code (HRC) and Government Code , which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services Who and when does the Investigator notify for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed? 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 July 10, TRD PROPOSED RULES July 21, TexReg 3631

38 Audrey Carmical General Counsel Department of Family and Protective Services Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TAC , , , , , The new sections and amendments are proposed under Human Resources Code (HRC) and Government Code , which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services When does the Investigator notify law enforcement and OIG for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed? (a) When the provider is a state supported living center, state hospital, or the ICF-IID component of the Rio Grande State Center, the investigator makes the following notifications: (1) the investigator notifies law enforcement within one (1) hour of any allegation of abuse, neglect, or exploitation involving a child. (2) the investigator notifies law enforcement within one (1) hour of any allegation of abuse, neglect, or exploitation involving an adult believed to constitute a criminal offense under any law. (3) the investigator notifies OIG within one (1) hour of any allegation of abuse, neglect, or exploitation involving an individual receiving services believed to constitute a criminal offense under any law. (b) For all other providers, the investigator notifies law enforcement within 24 hours of any allegation of abuse, neglect, or exploitation involving: any law. (1) a child. (2) an adult believed to constitute a criminal offense under (c) As provided in subsection (b) of this section, the investigator notifies law enforcement: (1) unless the law enforcement agency reported the alleged abuse, neglect, or exploitation to the department; and (2) using a method that is mutually agreed upon between DFPS and the law enforcement agency. (d) For all notifications described in this section, the identity of the reporter is revealed What provider and Health and Human Services agency does the Investigator notify for allegations of abuse, neglect, or exploitation and when is the identity of the reporter revealed? (a) For all allegations of abuse, neglect, or exploitation of an individual receiving services, the investigator makes the following notifications, as appropriate: Figure: 40 TAC (a) (b) For these notifications, described in subsection (a) of this section, the identity of the reporter is revealed only if the alleged perpetrator is a mental health service provider and the allegation is sexual exploitation in accordance with Chapter 81, Texas Civil Practice and Remedies Code How are investigations prioritized? Each investigation is assigned a priority in accordance with the following: (1) Priority I reports have a serious risk that a delay in investigation will impede the collection of evidence, or allege that the victim has been subjected to abuse, neglect, or exploitation [maltreatment] by act or omission that caused or may have caused serious physical or emotional harm. Priority 1 reports include, but are not limited to, the following: (A) - (E) (No change.) (2) Priority II reports have some risk that a delay in investigation will impede the collection of evidence, or allege that the victim has been subjected to abuse, neglect, or exploitation [maltreatment] by act or omission that caused or may have caused non-serious physical injury, or emotional harm not included in Priority I. Priority II reports include, but are not limited to, the following: (A) Non-serious physical injury; or (B) Verbal/emotional abuse, such as name-calling, cursing, degrading, or vilifying remarks.[; or] [(C) Exploitation.] (3) Priority III reports allege: (A) Abuse, neglect, or exploitation [maltreatment] that would otherwise be classified as Priority I or II but the alleged incident occurred more than 30 days prior to the date of the report; or[. Allegations of maltreatment in state supported living centers (SSLC) cannot be classified as Priority III. Allegations occurring in an SSLC must be Priority I or II.] the report. (4) The following allegations cannot be classified as a Priority III: (B) Exploitation, when it is the only allegation type in (A) Allegations of abuse, neglect, or exploitation in state supported living centers and the ICF-IID component of the Rio Grande State Center; and (B) Allegations involving children. (5) If another allegation type occurs in conjunction with exploitation, the report is classified as the more urgent priority What are the requirements for face-to-face contact with the alleged victim? (a) The investigator makes a face-to-face contact with the alleged victim except when the intake alleges: (1) Exploitation as the only allegation type and the total alleged exploitation amount is less than $25.00; or (2) Neglect when there is no physical or emotional injury to the alleged victim and no risk of physical or emotional injury or death to the alleged victim. (b) If during the course of an investigation the investigator determines a face-to-face contact with the alleged victim is necessary, the investigator makes a face-to-face contact with the alleged victim within the time frames provided in subsection (c) of this section. (c) When required, the [The] investigator makes [must make] a face-to-face contact with the alleged victim within the following time frames: Figure: 40 TAC (c) [Figure: 40 TAC ] 42 TexReg 3632 July 21, 2017 Texas Register

39 When must the investigator complete the investigation? (a) Unless an extension is granted in accordance with of this title (relating to What if the investigator cannot complete the investigation on time?), the investigator must complete the investigation within the following time frames: (1) within 10 calendar days of the allegation by DFPS if [If] the investigation is in a state supported living center or the ICF-IID component of the Rio Grande State Center. [and the priority is I or II the investigator must complete the investigation within 10 calendar days of receipt of the allegation by DFPS.] (2) within 14 calendar days of receipt of the allegation by DFPS if the investigation is in a state hospital and is a Priority I or II. (3) within 21 calendar days of receipt of the allegation by DFPS if the investigation is in a state hospital and is a Priority III. (4) within 30 calendar days of receipt of the allegation by DFPS for all other investigations. [(2) Except for investigations in paragraph (1) of this section, all other investigations under this chapter with a priority of:] [(A) I or II, the investigator must complete the investigation within 14 calendar days of receipt of the allegation by DFPS.] [(B) III, the investigator must complete the investigation within 21 calendar days of receipt of the allegation by DFPS.] (b) [(3)] For investigations conducted under subsection (a)(4) [paragraph (2)] of this section, if the deadline for completion of the investigation falls on a weekend or state holiday, then the investigator must complete the investigation by the end of the next business day What if the investigator cannot complete the investigation on time? (a) If additional time is required to complete the investigation, the investigator must request an extension by submitting an Extension Request form to the appropriate APS program administrator or designee. (b) The APS program administrator or designee may grant an extension for good cause for one to 14 calendar days depending on the needs of the investigation. (c) (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 July 10, TRD Audrey Carmical General Counsel Department of Family and Protective Services Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TITLE 43. TRANSPORTATION PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES CHAPTER 217. VEHICLE TITLES AND REGISTRATION SUBCHAPTER G. INSPECTIONS 43 TAC The Texas Department of Motor Vehicles (department) proposes amendments to Chapter 217, Vehicle Titles and Registration, Subchapter G, Inspections, ,Purpose and Scope; , Definitions; and , Inspection Requirements. The department also proposes new , Identification Number Inspection. EXPLANATION OF PROPOSED AMENDMENTS AND NEW SECTION Proposed amendments to broaden the purpose and scope of the subchapter, clarifying that it prescribes not only the policies and procedures related to inspection of street rods and custom vehicles, but also to accurately confirm the identity of any motor vehicle and clarify who may conduct an identification number inspection. Proposed amendments to add a definition for "altered from the manufacturer's original design," and clarify the definitions of "custom vehicle" and "street rod" by referring to the statutory definitions in Transportation Code, The proposed amendments also result in a renumbering of the definitions. Proposed amendments to change the section name to "Custom Vehicle and Street Rod Inspection Requirements" to clarify that this section pertains only to the inspection requirements for those types of vehicles. The proposed amendments also clarify language pertaining to when a specific piece of equipment may be required on a custom vehicle or street rod. New , Identification Number Inspection, implements a portion of Senate Bill 2076, 85th Legislature, Regular Session, 2017, which added Transportation Code, , Identification Number Inspection. Section (c) specifies that an inspection under the section may be performed only by a person who has successfully completed an appropriate training program as determined by department rule and who is one of the listed categories of persons authorized to conduct such inspections. The purpose of this new section is to ensure properly trained auto theft investigators currently authorized to conduct identification number inspections are able to continue doing so and expand the training now available to other individuals authorized to conduct identification number inspections in Senate Bill Proposed specifies that a person is qualified to perform an identification number inspection if the person has completed (1) Intermediate or Advanced Motor Vehicle Burglary and Theft Investigator Training provided by the Texas Auto Burglary and Theft Prevention Authority; (2) Auto Theft School (Parts 1 and Part 2) provided by the Texas Department of Public Safety; or (3) the Auto Theft Course provided by the National Insurance Crime Bureau. SB 2076 also created an alternative identification number inspection to be established by department rule. The department intends to work with stakeholders to establish this process and identify transactions subject to this inspection type prior to proposing a new rule. FISCAL NOTE Linda M. Flores, Chief Financial Officer, has determined that for each of the first five years the amendments and new section as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the proposed amendments and new section. PROPOSED RULES July 21, TexReg 3633

40 Jeremiah Kuntz, Director of the Vehicle Titles and Registration Division, has determined that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed amendments and new section. PUBLIC BENEFIT AND COST Mr. Kuntz has also determined that for each year of the first five years the amendments and new section are in effect, the public benefit anticipated as a result of enforcing or administering the amendments and new section will be clarified in the purpose of the rules and of the training required for an identification number inspection. There are no anticipated economic costs for persons required to comply with the amendments and new section as proposed. There will be no adverse economic effect on small businesses or micro-businesses. TAKINGS IMPACT ASSESSMENT The department has determined that this proposal affects no private real property interests and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action, and so does not constitute a taking or require a takings impact assessment under Government Code, SUBMITTAL OF COMMENTS Written comments on the proposed amendments and new section may be submitted to David D. Duncan, General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas or by to rules@txdmv.gov. The deadline for receipt of comments is 5:00 p.m. on August 21, STATUTORY AUTHORITY The amendments and new section are proposed under Transportation Code, , which provides the board of the Texas Department of Motor Vehicles with the authority to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and more specifically, Transportation Code, CROSS REFERENCE TO STATUTE Transportation Code, , , , and Purpose and Scope. This subchapter prescribes the policies and procedures necessary [It is the policy of the Texas Department of Motor Vehicles] to protect the public by requiring inspection of street rods and custom vehicles, accurately identify the identity of a motor vehicle, and provide for who may conduct identification number inspections Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) "Altered from the manufacturer's original design" as that term is used in (f), Transportation Code, is defined as the removal, addition, or substitution of at least one major component part, except that an engine, frame, and body or cab must be replaced if removed. (2) [(1)] "Custom vehicle" has the meaning assigned by (f)(1), Transportation Code. [means a motor vehicle, or a reproduction thereof, that is:] [(A) at least 25 years old and of a model year after 1948 or a model year after 1948 that resembles a vehicle 25 years or older; and] [(B) materially altered or modified by the removal, addition or substitution of at least one major component part.] (3) [(2)] "Major component part" has the meaning assigned by , Transportation Code. (4) [(3)] "Street rod" has the meaning assigned by (f)(2), Transportation Code. [means a motor vehicle:] [(A) manufactured before 1949, or after 1948 to resemble a vehicle manufactured before 1949; and] [(B) that has been materially altered or modified by the removal, addition or substitution of at least one major component part.] Custom Vehicle and Street Rod Inspection Requirements. (a) On initial registration, including registration at the time of title transfer, of a custom vehicle or street rod, the applicant must provide proof, on a form provided by the department, of a safety inspection performed by an Automotive Service Excellence (ASE) technician with valid certification as a Certified Master Automobile and Light Truck Technician. (b) The inspection must certify that the vehicle: (1) is structurally stable; (2) meets the necessary conditions to be operated safely on the roadway; and (3) is equipped and operational with all equipment required by statute as a condition of sale during the year the vehicle was manufactured or resembles. (c) A custom vehicle or street rod is not required to be equipped with a specific piece of equipment unless the specific piece of equipment was required by statute as a condition of sale during the year listed as the replica model year. [on the certificate of title.] Identification Number Inspection. In addition to any other requirement specified by Transportation Code, , a person is qualified to perform an inspection under , Transportation Code, if that person has completed one of the following training programs: (1) Intermediate or Advanced Motor Vehicle Burglary and Theft Investigator Training provided by the Texas Automobile Burglary and Theft Prevention Authority; (2) Auto Theft School (Parts 1 and 2) provided by the Texas Department of Public Safety; or (3) Auto Theft Course provided by the National Insurance Crime Bureau. 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 July 10, TRD David D. Duncan General Counsel Texas Department of Motor Vehicles Earliest possible date of adoption: August 20, 2017 For further information, please call: (512) TexReg 3634 July 21, 2017 Texas Register

41 TITLE 1. ADMINISTRATION PART 3. OFFICE OF THE ATTORNEY GENERAL CHAPTER 55. CHILD SUPPORT ENFORCEMENT SUBCHAPTER M. INTERCEPT OF INSURANCE CLAIMS 1 TAC Proposed amended , published in the December 30, 2016, issue of the Texas Register (41 TexReg 10493), are automatically withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, , and 1 TAC 91.38(d).) Published by the Office of the Secretary of State on July 5, TRD TITLE 34. PUBLIC FINANCE PART 3. TEACHER RETIREMENT SYSTEM OF TEXAS CHAPTER 53. CERTIFICATION BY COMPANIES OFFERING QUALIFIED INVESTMENT PRODUCTS 34 TAC 53.6 The Teacher Retirement System of Texas withdraws the proposed repeal of 53.6, which appeared in the June 16, 2017, issue of the Texas Register (42 TexReg 3122). Filed with the Office of the Secretary of State on July 10, TRD Brian Guthrie Executive Director Teacher Retirement System of Texas Effective date: July 10, 2017 For further information, please call: (512) TAC 53.9 The Teacher Retirement System of Texas withdraws proposed new 53.9, which appeared in the June 16, 2017, issue of the Texas Register (42 TexReg 3122). Filed with the Office of the Secretary of State on July 10, TRD Brian Guthrie Executive Director Teacher Retirement System of Texas Effective date: July 10, 2017 For further information, please call: (512) WITHDRAWN RULES July 21, TexReg 3635

42

43 TITLE 10. COMMUNITY DEVELOPMENT PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CHAPTER 1. ADMINISTRATION SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES 10 TAC 1.13 The Texas Department of Housing and Community Affairs (the "Department") adopts, without changes, amendments to 10 TAC Chapter 1, Subchapter A, General Policies and Procedures 1.13, concerning Contested Case Hearing Procedures, which was published in the May 12, 2017, issue of the Texas Register (42 TexReg 2464). REASONED JUSTIFICATION: Since the original promulgation of this rule concerning the Department's procedures for disposing of contested cases, SOAH has amended its procedural rules concerning the disposition of contested cases in which the party who does not bear the burden of proof fails to appear. Accordingly, the Department adopts amendments to this rule to account for this change and to clarify the methods that may be used to effect service of the notice of hearing and other documents and pleadings. The Department accepted public comment from May 12, 2017, to June 12, No public comment was received. STATUTORY AUTHORITY. The amended rule is adopted pursuant to Texas Gov't Code , which generally authorizes the Department to promulgate rules, and more specifically, Texas Gov't Code , which requires state agencies to adopt rules of practice regarding contested case proceedings. The adopted amended rule affects no other code, article or statute. 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 July 5, TRD Timothy K. Irvine Executive Director Texas Department of Housing and Community Affairs Effective date: July 25, 2017 Proposal publication date: May 12, 2017 For further information, please call: (512) TITLE 16. ECONOMIC REGULATION PART 8. TEXAS RACING COMMISSION CHAPTER 311. OTHER LICENSES SUBCHAPTER A. LICENSING PROVISIONS DIVISION 1. OCCUPATIONAL LICENSES 16 TAC The Texas Racing Commission adopts an amendment to 16 TAC 311.5, License Categories and Fees, without changes to the proposed text as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2311) and will not be republished. The section relates to the types of occupational licenses offered by the Commission and the licensing fees associated with each. The adopted amendment creates two new combination licenses: groom/exercise rider and groom/pony person. The amendment is made in order to address the issue of individuals who are licensed only as an exercise rider or as a pony person but who are also performing unlicensed work as a groom. Pony persons and exercise riders are independent contractors and are licensed for those jobs alone; they are not linked to any specific trainer or employer. Grooms work for a specific trainer, their applications are signed by a trainer, and their license is linked to that trainer. By working as a groom without a groom's license, these licensees expose the horses to the same risk of contamination as any other groom, but without being subject to the random drug testing program that applies to all other trainer employees. In addition, they violate the prohibition in the rules against acting in an unlicensed capacity. By creating the new combination licenses, the proposal will enable these licensees to comply with the licensure requirements and to be included in the agency's random drug testing program. The new combination licenses will be offered at the same cost as either license alone, so there is no economic disincentive for a licensee to apply for the combination license. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Revised Civil Statutes Annotated, Article 179e, 3.02, which authorizes the Commission to adopt rules for conducting horse racing and to adopt other rules to administer the Act, and 7.02, which requires the Commission to adopt rules to specify the qualifications and experience required for each category of license. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. ADOPTED RULES July 21, TexReg 3637

44 Filed with the Office of the Secretary of State on July 10, TRD Mark Fenner General Counsel Texas Racing Commission Effective date: July 30, 2017 Proposal publication date: April 28, 2017 For further information, please call: (512) TITLE 19. EDUCATION PART 2. TEXAS EDUCATION AGENCY CHAPTER 101. ASSESSMENT SUBCHAPTER DD. COMMISSIONER'S RULES CONCERNING SUBSTITUTE ASSESSMENTS FOR GRADUATION 19 TAC The Texas Education Agency (TEA) adopts an amendment to , concerning state of Texas assessments of academic readiness end-of-course (EOC) substitute assessments. The amendment is adopted with changes to the proposed text as published in the April 14, 2017, issue of the Texas Register (42 TexReg 1995). The adopted amendment updates required performance standards for the revised ACT and SAT suite of assessments in order to satisfy the state's EOC graduation requirements. REASONED JUSTIFICATION. Section , State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments, specifies the assessments the commissioner of education recommends as substitute assessments that a student may use in place of a corresponding EOC assessment and establishes the cut scores needed for a student to use a substitute assessment for graduation purposes. The adopted amendment updates Figure: 19 TAC (b) to reflect changes made to the ACT and SAT suite of assessments. These assessments include the ACT, the ACT-Aspire, the SAT, and the PSAT assessment instruments. The adopted amendment reorganizes the figure into three separate charts: ACT Substitute Assessments; SAT Substitute Assessments; and Advanced Placement (AP), International Baccalaureate (IB), and Texas Success Initiative (TSI) Substitute Assessments. All previously approved substitute assessments, including the ACT administered June 2015 and before, the PSAT administered in 2014 and before, and the SAT administered January 2016 and before, and their corresponding cut scores are maintained. AP, IB, and TSI assessments are also unchanged. The adopted amendment includes substitution of the revised ACT for the Algebra I, English I, and English II EOC assessments; the new ACT-Aspire 9 and 10 for the Algebra I EOC assessment; and the redesigned SAT suite of assessments (PSAT 9, PSAT 10, PSAT NMSQT, and the SAT) for the Algebra I, English I, and English II EOC assessments. Consistent with the initial adoption of and subsequent amendment to , the adopted amendment sets each substitute cut score at the college-readiness benchmark of that assessment (ACT and SAT) or the grade-level benchmarks that indicate whether a student is on track for college and career readiness. In order to use an adopted English language arts substitute for the English I or English II EOC assessment, a student must achieve the score requirement on each listed component of that substitute test. The adopted amendment also clarifies that a student may use the SAT Evidence-Based Reading and Writing and the ACT Reading/English tests as a substitute for either the English I or English II EOC assessment, but not both. For the State of Texas Assessments of Academic Readiness (STAAR ) Biology assessment, the adopted amendment includes the ACT Science test as an allowed substitute assessment. To use ACT Science, a student would need to achieve the college-readiness benchmark on that test. The following SAT subject tests are also included as approved substitute assessments: Math Level 1 and Math Level 2 for the STAAR Algebra I; Biology-Ecological and Biology-Molecular for STAAR Biology; and U.S. History for STAAR U.S. History. The SAT subject tests do not have college-readiness benchmarks, and most colleges and universities in Texas do not use the SAT subject tests to offer college credit. Because of this, the TEA attempted to establish performance links between the SAT subject tests and the corresponding STAAR EOC assessments, which proved challenging. The student samples available to TEA to establish links for student performance between the SAT subject tests and the STAAR EOC assessments are strongly biased toward high-performing students who are likely to attend college. Additionally, most STAAR EOC assessments are taken 2-3 years prior to an SAT subject test, the exception being U.S. history. Last, the sample sizes were small, affecting the agency's confidence in the performance link. After careful consideration, including the fact that SAT subject tests are typically taken in a student's 12th grade year, the adopted amendment includes the following cut scores: for Math Level 1 and Math Level ; for Biology-Ecological and Biology-Molecular--500; and for U.S. History In response to public comment, Figure: 19 TAC (b) was updated at adoption to clarify the titles of three PSAT assessments. SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began April 14, 2017, and ended May 15, Following is a summary of public comments received and corresponding agency responses. Comment: Texas Parents' Educational Rights Network (TPERN) expressed concern over the timing of the spring STAAR EOC assessments and AP tests, specifically for U.S. History. TPERN suggested that either students be allowed to take the AP test instead of the STAAR test or that the STAAR test be moved to an earlier date. Agency Response: The agency disagrees. TEC, (a), requires a student to be administered a STAAR EOC assessment listed in TEC, (c), for a course in which the student is enrolled and for which an assessment is administered. Allowing a student to take a substitute assessment instead of an EOC assessment may hinder some students. For example, if a student takes the AP U.S. History test instead of the STAAR U.S. History EOC assessment but does not make a satisfactory score, then the student has missed a testing opportunity to meet his or her STAAR graduation requirements. Additionally, TEC, (c-3)(2), prohibits the spring administration of STAAR EOC assessments for Algebra I, Biology, and 42 TexReg 3638 July 21, 2017 Texas Register

45 U.S. History from occurring earlier than the first full week in May. Therefore, the agency cannot move these STAAR tests earlier. Comment: A parent commented that STAAR preparation and assessment prevents students from focusing on studying for AP tests and suggested that students be allowed to take AP tests in place of STAAR tests. Agency Response: The agency disagrees. TEC, (a), requires a student to be administered a STAAR EOC assessment listed in TEC, (c), for a course in which the student is enrolled and for which an assessment is administered. Allowing a student to take a substitute assessment instead of an EOC assessment may hinder some students. For example, if a student takes the AP U.S. History test instead of the STAAR U.S. History EOC assessment but does not make a satisfactory score, then the student has missed a testing opportunity to meet his or her STAAR graduation requirements. Comment: TPERN commented that should impose an affirmative duty on schools to review results from substitute assessments and inform parents and students if the score meets the substitute assessment requirements. Agency Response: Issues of responsibility and notification are outside the scope of the proposed rulemaking. Comment: The College Board asked for clarification on the titles used for the first three PSAT assessments listed on page 2 of Figure: 19 TAC (b). Agency Response: Based on discussion with staff at The College Board, the agency has updated Figure: 19 TAC (b) at adoption to clarify the three PSAT titles. STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code (TEC), , which establishes the secondary-level performance required to receive a Texas high school diploma. Specifically, subsection (a) requires the commissioner of education to adopt rules requiring students to achieve satisfactory performance on each EOC assessment listed under TEC, (c), in order to receive a Texas high school diploma. Subsection (a-2) requires the commissioner to determine a method by which a student's score on certain national assessments may be used to satisfy the EOC assessment graduation requirements. CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, State of Texas Assessments of Academic Readiness Endof-Course Substitute Assessments. (a) For purposes of this subchapter, "equivalent course" is defined as a course having sufficient content overlap with the essential knowledge and skills of a similar course in the same content area listed under 74.1(b)(1)-(4) of this title (relating to Essential Knowledge and Skills). (b) Effective beginning with the school year, in accordance with the Texas Education Code (TEC), (a-1), (a-2), and (a-3), the commissioner of education adopts certain assessments as provided in the chart in this subsection as substitute assessments that a student may use in place of a corresponding end-of-course (EOC) assessment under the TEC, (c), to meet the student's assessment graduation requirements. An approved substitute assessment may be used in place of only one specific EOC assessment, except in those cases described by subsection (d)(1) of this section. Figure: 19 TAC (b) (c) A student is eligible to use a substitute assessment as provided in the chart in subsection (b) of this section if: (1) a student was administered an approved substitute assessment for an equivalent course in which the student was enrolled; (2) a student received a satisfactory score on the substitute assessment as determined by the commissioner and provided in the chart in subsection (b) of this section; and (3) a student using a Texas Success Initiative (TSI) assessment also meets the requirements of subsection (d) of this section. (d) Effective beginning with the school year, a student must meet criteria established in this subsection in order to qualify to use TSI as a substitute assessment. (1) A student must have been enrolled in a college preparatory course for English language arts (PEIMS code CP110100) or mathematics (PEIMS code CP111200) and, in accordance with the TEC, (a-1), have been administered an appropriate TSI assessment at the end of that course. (A) A student under this paragraph who meets all TSI English language arts score requirements provided in the chart in subsection (b) of this section satisfies both the English I and English II EOC assessment graduation requirements. (B) A student under this paragraph may satisfy an assessment graduation requirement in such a manner regardless of previous performance on an Algebra I, English I, or English II EOC assessment. (2) In accordance with the TEC, (a-3), a student who did not meet satisfactory performance on the Algebra I or English II EOC assessment after retaking the assessment may use the corresponding TSI assessment in place of that EOC assessment. (A) For a student under this paragraph who took separate reading and writing assessments for the English II EOC assessment and who did not meet the English II assessment graduation requirement using those tests as specified in (b) of this title (relating to Assessment Requirements for Graduation), the separate TSI reading or writing assessment may not be used to substitute for the corresponding English II reading or writing EOC assessment. (B) The provisions of this paragraph expire September 1, A student may meet the assessment graduation requirements under this paragraph using TSI if the student has met the necessary score requirements as specified in subsection (b) of this section prior to September 1, (e) A student electing to substitute an assessment for graduation purposes must still take the corresponding EOC assessment required under the TEC, (c), unless the student met the requirements specified in subsection (c) of this section. (f) A student who fails to perform satisfactorily on the PSAT or the ACT-PLAN as indicated in the chart in subsection (b) of this section must take the appropriate end-of-course assessment required under the TEC, (c), to meet the assessment graduation requirements for that subject. 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 July 6, TRD ADOPTED RULES July 21, TexReg 3639

46 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Effective date: July 26, 2017 Proposal publication date: April 14, 2017 For further information, please call: (512) CHAPTER 114. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR LANGUAGES OTHER THAN ENGLISH SUBCHAPTER C. HIGH SCHOOL 19 TAC The State Board of Education (SBOE) adopts new , concerning Texas Essential Knowledge and Skills (TEKS) for languages other than English (LOTE). The new section is adopted with changes to the proposed text as published in the March 3, 2017, issue of the Texas Register (42 TexReg 916). The adopted new section implements House Bill (HB) 1431, 84th Texas Legislature, 2015, which requires the SBOE to develop an advanced LOTE course that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. REASONED JUSTIFICATION. HB 1431, 84th Texas Legislature, 2015, added Texas Education Code (TEC), (t), to require that the SBOE, in consultation with the commissioner of higher education and business and industry leaders, develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. In August 2016, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for the advanced career-oriented LOTE course. The course development committee convened for the first faceto-face meeting in Austin in October 2016 to begin working on recommendations for the TEKS. The committee participated in additional virtual meetings to finalize its initial draft recommendations, which were presented to the Committee on Instruction for discussion at the November 2016 meeting. Following the November 2016 SBOE meeting, a draft of the proposed TEKS was shared with the Texas Higher Education Coordinating Board and representatives from the business and industry community for feedback in accordance with TEC, (t). The course development committee convened again for a virtual meeting in December 2016 to finalize its recommendations. The recommendations of the course development committee were presented to and approved by the SBOE for first reading and filing authorization at its February 3, 2017, meeting. Subsequent to the January/February 2017 meeting, feedback regarding the proposal was received from the Texas Higher Education Coordinating Board (THECB). Recommended changes reflecting that feedback were presented to the SBOE for consideration at its April 2017 meeting. In response to feedback received from the THECB, the following changes were made at second reading and final adoption. Language was added to the general requirements for the course to specify that students may earn elective credit for the course and to clarify that the course may not satisfy the LOTE graduation requirement or a LOTE requirement for an endorsement. References to culturally appropriate language and the target language were added to the introduction in (b)(2) and (4) and the knowledge and skills statements in (c)(1)-(4). The phrase "with an awareness of situational uses of language in cultural contexts" was added to (c)(3). The phrase "and cultural understanding" was added to (c)(4). The new section was approved by the SBOE for second reading and final adoption, including the changes recommended by the THECB, at its April 21, 2017, meeting. In accordance with the TEC, 7.102(f), the SBOE approved the new section for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the school year. The earlier effective date will enable districts to begin preparing for implementation of the new course. SUMMARY OF COMMENTS AND RESPONSES. Following is a summary of the public comment received and the corresponding response regarding proposed new 19 TAC Comment. One teacher expressed support for the proposed new course and stated that the course provides a fantastic opportunity for students to learn and practice how to communicate in a language other than English in a specific professional, business, or industry environment. Response. The SBOE agrees and took action to approve the course as amended. STATUTORY AUTHORITY. The new section is adopted under the Texas Education Code (TEC), 7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; and TEC, (t), which requires the SBOE, in consultation with the commissioner of higher education and business and industry leaders, to develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, 7.102(c)(4) and (t) Advanced Language for Career Applications (One Credit). (a) General requirements. (1) Advanced Language for Career Applications may be offered in high school. Students shall be awarded one credit for successful completion of this course. Prerequisite: successful completion of Level III, achieving an Intermediate Low to Intermediate Mid proficiency level, or demonstrated equivalent proficiency as determined by the district. (2) Districts may offer this course in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students. (3) This course may not satisfy a high school languages other than English (LOTE) graduation requirement or a LOTE requirement for an endorsement. Students shall be awarded one elective credit for successful completion of this course. (b) Introduction. 42 TexReg 3640 July 21, 2017 Texas Register

47 (1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture. (2) The Advanced Language for Career Applications course provides students with instruction in terminology that prepares students to communicate in a language other than English in a professional, business, or industry setting. Students will learn how to communicate in the target language and use culturally appropriate language when addressing diverse audiences in different workplace environments. (3) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational. (A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters. (B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials. (C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper. (4) The use of age-level appropriate and industry-specific authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of authentic resources in the target language enables students to increase their academic vocabulary and to participate in local and global communities. (5) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register (formal or informal language use), appropriate discourse level, and text type. (6) Students in Advanced Language for Career Applications are expected to reach a proficiency level of Intermediate Mid to Intermediate High, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners. (A) Students at the Intermediate Mid proficiency level express meaning in straightforward and personal contexts by easily combining and recombining what they know, what they read, and what they hear in short statements and a mixture of sentences and strings of sentences. Intermediate Mid students are able to understand some information from connected statements in oral or written sources. Intermediate Mid students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Mid students are consistently successful when performing Intermediate-level tasks. (B) Students at the Intermediate High proficiency level express meaning in a variety of contexts by creating with the language, easily combining and recombining what they know, what they read, and what they hear in a mixture of sentences and connected discourse. Intermediate High students are able to understand information from connected statements in oral or written sources. Intermediate High students are generally understood by listeners and readers unaccustomed to dealing with language learners. Intermediate High students are consistently successful when performing Intermediate-level tasks. Intermediate High students show evidence of Advanced Low proficiency but lack consistency. (7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples. (c) Knowledge and skills. (1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in the target language in rehearsed and unrehearsed situations in a variety of contexts appropriate to the professional, business, or industry setting. The student uses a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes. The student is expected to: (A) use professional etiquette and protocol such as making introductions, speaking on the telephone, and offering and receiving feedback appropriate to the professional, business, or industry setting; (B) participate appropriately in conversations and in informal written exchanges related to the professional, business, or industry setting; (C) identify and use appropriate strategies for communicating with diverse individuals; (D) communication; evaluate the effectiveness of one's own and others' (E) give and receive complex oral instructions to perform tasks specific to the professional, business, or industry setting; (F) interact and react in spoken conversation using culturally appropriate expressions, register, and gestures; and (G) interact and react in writing using culturally appropriate expressions, register, and style. (2) Interpretive communication: reading and listening. The student comprehends connected statements appropriate to the target language and the professional, business, or industry setting from culturally authentic print, digital, audio, and audiovisual materials. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes. The student is expected to: (A) employ appropriate verbal, nonverbal, and listening comprehension skills to enhance relationships in the professional, business, or industry setting; (B) paraphrase the main idea and supporting details from professional, business, or industry-related texts, audio, and audiovisual materials; (C) compare and contrast practices and perspectives related to the professional, business, or industry setting from authentic print, digital, audio, and audiovisual materials; (D) use prior knowledge and experiences to understand and interpret meanings in oral and written print, digital, audio, and au- ADOPTED RULES July 21, TexReg 3641

48 diovisual materials appropriate to the professional, business, or industry setting; (E) apply data to evaluate performance or provide solutions to problems specific to the professional, business, or industry setting; and (F) understand and follow directives and procedures within the context of the professional, business, or industry setting. (3) Presentational communication: speaking and writing. The student presents business or industry-related information in the target language both orally and in writing using a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes with an awareness of situational uses of language in cultural contexts. The student is expected to: (A) apply spoken and written conventions and mechanics; (B) present analyzed data and communicate findings in a variety of formats specific to the professional, business, or industry setting; (C) design and present an effective professional, business, or industry-related product using appropriate register for the audience, occasion, and purpose; and (D) create written, oral, and visual presentations of professional, business, or industry-related information to inform, persuade, or motivate an audience. (4) Professional, business, or industry-specific terminology. The student effectively communicates using the target language and cultural understanding in rehearsed and unrehearsed situations using professional, business, or industry-specific terminology. The student is expected to: (A) use various strategies to infer the meaning of unfamiliar words or phrases in business or industry-specific texts, audio, and audiovisual materials such as trade publications, case studies, business journals, or conference presentations; (B) apply newly acquired basic and academic language related to the professional, business, or industry setting in meaningful ways that build concepts and language implementation; (C) demonstrate an understanding of different dialects used in communities served by the profession, business, or industry; and (D) communicate using advanced technical vocabulary, jargon, and abbreviations necessary for communicating with employers, clients, and other professionals in the target language. (5) Career applications. The student demonstrates professional standards/employability skills as required in the professional, business, or industry setting. The student is expected to: (A) demonstrate appropriate communication for employers, clients, and coworkers in the target language through verbal, nonverbal, and digital means; (B) demonstrate professional etiquette appropriate to the professional, business, or industry setting; (C) demonstrate an understanding of relevant ethical and legal issues such as confidentiality and fiduciary responsibility; (D) communicate effectively in the target language in career development activities such as mock interviews; (E) set goals and reflect on progress in using the target language for career development and advancement; and (F) adhere to ethical codes of conduct by following copyright laws and restrictions and using technology responsibly. 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 July 10, TRD Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Effective date: July 30, 2017 Proposal publication date: March 3, 2017 For further information, please call: (512) CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL SUBCHAPTER CC. SUPERINTENDENT APPRAISAL 19 TAC The Texas Education Agency adopts new , concerning educator appraisal. The new section is adopted without changes to the proposed text as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2312) and will not be republished. The adopted new section provides, in accordance with the Texas Education Code (TEC), , a commissioner's recommended appraisal process and criteria for superintendents. REASONED JUSTIFICATION. The TEC, , requires the commissioner to adopt a state-recommended appraisal process and performance criteria for superintendents. The rules in 19 TAC Chapter 150, Subchapter BB, that were adopted effective August 1, 1997, and repealed effective July 1, 2016, included a commissioner's recommended appraisal process for principals and superintendents. With the adoption of the current rules for the new Texas Principal Evaluation and Support System (T-PESS), effective July 1, 2016, rules in Subchapter BB focused entirely on the appraisal process for principals and removed provisions concerning superintendent appraisal. The adopted new section re-establishes a commissioner's recommended appraisal process for superintendents in accordance with the TEC, , including certain criteria and processes that were in place prior to the repeal of the former rules in Subchapter BB. The adopted new section is included as part of a new Subchapter CC. SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began April 28, 2017, and ended May 30, No public comments were received. STATUTORY AUTHORITY. The new section is adopted under the Texas Education Code, , which requires the commissioner of education to adopt a state-recommended appraisal process for administrators other than principals and details the local role for school districts as it relates to adopting a locally 42 TexReg 3642 July 21, 2017 Texas Register

49 developed appraisal process for administrators other than principals. CROSS REFERENCE TO STATUTE. The new section implements the Texas Education 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 July 10, TRD Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Effective date: July 30, 2017 Proposal publication date: April 28, 2017 For further information, please call: (512) TITLE 25. HEALTH SERVICES PART 1. DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 169. ZOONOSIS CONTROL SUBCHAPTER G. CAGING REQUIREMENTS AND STANDARDS FOR DANGEROUS WILD ANIMALS 25 TAC , The Executive Commissioner of the Health and Human Services Commission, (commission), on behalf of the Department of State Health Services (DSHS), adopts amendments to and , concerning caging requirements and standards for dangerous wild animals without changes to the proposed text as published in the April 7, 2017, issue of the Texas Register (42 TexReg 1840). BACKGROUND AND JUSTIFICATION The amendments to and are necessary to comply with Health and Safety Code, Chapter 822, Subchapter E, "Dangerous Wild Animals," which requires an owner of a dangerous wild animal to keep and confine the animal in accordance with caging requirements and registration established by the Executive Commissioner. The amendment to will provide for safe, healthy, and humane environments for the animals; prevent escape by the animals; and clarify the requirements for caging requirements relating to the structures and facilities containing dangerous wild animals in compliance with Health and Safety Code, The amendment to will provide clarification of the submission process of a certificate of registration copy to the department by the holder of a certificate of registration of a dangerous wild animal as required in Health and Safety Code, (b). Government Code, , requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections and have been reviewed and the department has determined that reasons for adopting these sections continue to exist because rules on this subject are mandated. COMMENTS The 30-day comment period ended May 8, During this period, DSHS did not receive any comments regarding the proposed rules. The amendments are authorized by Health and Safety Code, , which requires the Executive Commissioner to establish the caging requirements and standards for the keeping and confinement of dangerous wild animals; Health and Safety Code, (b), which requires the Executive Commissioner to charge a fee for filing a certificate of registration for a dangerous wild animal to be collected by the department; and Government Code, , and Health and Safety Code, , which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter The review of and implements Government 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 July 6, TRD Lisa Hernandez General Counsel Department of State Health Services Effective date: July 26, 2017 Proposal publication date: April 7, 2017 For further information, please call: (512) TITLE 31. NATURAL RESOURCES AND CONSERVATION PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 65. WILDLIFE SUBCHAPTER B. DISEASE DETECTION AND RESPONSE In a duly noticed meeting on May 25, 2017, the Texas Parks and Wildlife Commission adopted amendments to 65.81, 65.82, 65.85, 65.88, and 65.94, concerning Disease Detection and Response. Sections 65.81, 65.82, and are adopted with changes to the proposed text as published in the April 21, 2017, issue of the Texas Register (42 TexReg 2135). Sections and are adopted without change and will not be republished. The change to 65.81, concerning Containment Zones; Restrictions, adds a map to the provisions of paragraph (1)(C) to provide a visual reference to the boundaries of Containment Zone (CZ) 3 in addition to the proposed boundary description consisting of latitude/longitude coordinate pairs, which is intended to provide additional guidance to the regulated community. The change also clarifies the provisions of paragraph (2)(F) by replacing the ADOPTED RULES July 21, TexReg 3643

50 phrase "share the same ownership" with the phrase "title in the county deed record reflects that the surface of the release site and of the breeding facility is held by the same owner or owners," which is necessary to be more technically precise. Additionally, the change alters paragraph (2)(H) to clarify that the subparagraph's requirement for Movement Qualified designation under Division 2 of the Subchapter B is in addition to and does not preclude the need to comply with the provisions of Division 1 of Subchapter B, and identifies the specific penalty provisions of the Parks and Wildlife Code and the Texas Administrative Code to which a violation of subparagraph (H) is subject, which the department intends for purposes of ease of reference. The change to 65.82, concerning Surveillance Zones; Restrictions, clarifies paragraph (2)(B) by adding a reference to the rules contained in Chapter 65, Subchapter B, Division 2, which contains various regulations affecting the movement of deer under deer breeder permits. The purpose of the change is to ensure that the regulated community is aware that other rules in Chapter 65 affect the movement of deer under a deer breeder permit. The change to 65.94, concerning Breeding Facility Minimum Movement Qualification, alters subsection (c) to extend the deadline for submission of test samples and re-words provisions regarding the conditions under which the department will allow ante-mortem test samples to be submitted in the event that a testing laboratory loses chronic wasting disease (CWD) samples needed to maintain TC 1 facility status. As proposed, the provision stipulated that if by March 31 of any year a laboratory lost tissue samples necessary for a TC 1 facility to maintain TC 1 facility status, the facility could submit ante-mortem replacement tissue samples by May 15 and, provided sufficient "not detected" results were obtained, retain TC 1 facility status. The department received a question from the regulated community regarding a scenario in which initial samples are submitted to a laboratory on March 31 but the notification of lost samples isn't received until after the May 15 deadline for the submission of substitute samples. The change re-words the provision to account for that scenario, stipulating that if a breeding facility that has obtained TC 1 status is unable to satisfy the criteria of this subchapter necessary to maintain TC 1 status by March 31 of any year solely because tissue samples have been documented by an accredited testing facility as having been received and lost, the breeding facility status will be reduced to TC 2 status unless ante-mortem substitution samples necessary to maintain TC 1 status are submitted to an approved diagnostic laboratory by the latter of the following: May 15 immediately following notification to the breeder by the accredited testing facility that the tissue samples have been lost or 30 days after the date on which the breeder is notified by the accredited testing facility that the tissue samples have been lost, provided, of course, that the required number of "not detected" test results are obtained from the ante-mortem substitute samples submitted to satisfy the requirements for TC 1 facility status. The amendments are intended to replace emergency rules affecting Subchapter B, Division 1 adopted on January 26, 2017, (42 TexReg 531) and to alter the "comprehensive CWD management rules" (Subchapter B, Division 2) adopted in 2016 (41 TexReg 5726). CWD is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as "Mad Cow Disease"), and variant Creutzfeldt-Jakob Disease (vcjd) in humans. Much remains unknown about CWD. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. What is known is that CWD is invariably fatal to certain species of cervids, and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). Moreover, a high prevalence of the disease in free-ranging populations correlates with deer population declines and human dimensions research indicates that hunters will avoid areas of high CWD prevalence. If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion dollar ranching, hunting, wildlife management, and real estate economies could be significant. The department has engaged in several rulemakings over the years to address the threat posed by CWD. In 2005, the department closed the Texas border to the entry of out-of-state captive white-tailed and mule deer and increased regulatory requirements regarding disease monitoring and record keeping. (The closing of the Texas border to entry of out-of-state captive white-tailed and mule deer was updated, effective in January 2010, to address other disease threats to white-tailed and mule deer (35 TexReg 252)). On July 10, 2012, the department confirmed that two mule deer sampled in the Texas portion of the Hueco Mountains in far west Texas tested positive for CWD. In response, the department adopted rules (Subchapter B, Division 1) in 2013 (37 TexReg 10231) to implement a CWD containment strategy in that area. Those rules established a system of zones within which the movement of live deer under department permits (Deer Breeder Permit (DBP), Permit to Trap, Transport, and Transplant Game Animals and Game Birds (popularly called the "Triple T" permit), and Deer Management Permit (DMP)) is restricted, and required deer harvested in specific geographical areas to be presented at check stations to be tested for CWD. In 2016, those rules were modified (41 TexReg 7501) in response to additional CWD discoveries in the Texas Panhandle and Medina County, creating additional Surveillance Zones (SZs) and an additional Containment Zone (CZ) in West Texas. In June of 2015, the department received confirmation that a two-year-old white-tailed deer held in a deer breeding facility in Medina County ("index facility") had tested positive for CWD, which was followed by positive test results for white-tailed deer in four additional deer breeding facilities. Subsequent testing confirmed the presence of CWD in additional white-tailed deer at the index facility. The source of the CWD at the index facility has not been determined. In response, the department first adopted emergency rules (40 TexReg 5566) to respond immediately to the threat, then developed interim rules (41 TexReg 815) intended to function through the hunting season until permanent rules could be developed. Working closely with the Texas Animal Health Commission (TAHC), the regulated community, and key stakeholders, and with the assistance of the Center for Public Policy Dispute Resolution of the University of Texas School of Law, the department developed the "comprehensive CWD management rules" (Subchapter B, Division 2), adopted in 2016 (41 TexReg 5726). The comprehensive CWD 42 TexReg 3644 July 21, 2017 Texas Register

51 management rules address the movement and consequences of movement of live deer under various department-issued permits (DBP, Triple T, and DMPs). Concurrently, the department engaged in rulemaking affecting Subchapter B, Division 1 (41 TexReg 7501) to create additional SZs and a CZ, including SZ 3, which affected a portion of Bandera, Medina, and Uvalde counties. A CZ was not established in this area because the department was approached by concerned county officials and landowners in Medina County who committed to organizing a volunteer hunter and landowner effort to provide the department with a sufficient number of valid "not detected" CWD test results, which would allow the department to make an epidemiologically sound determination about the prevalence (if any) of CWD within the SZ. In choosing to forgo the creation of a CZ, the department considered that CWD had not been encountered in free-ranging deer in that area, that deer breeding facilities by their nature are designed and built to prevent contact between captive deer and free-ranging deer (which is also prohibited by rule), and that breeding facilities where CWD was discovered were issued a quarantine or hold order by TAHC, which restrict deer movement and require CWD testing at a level equal to or greater than that required in a CZ. The amendment to 65.88, concerning Deer Carcass Movement Restrictions, also exempted SZ 3 from the applicability of the provisions of that section that imposed mandatory check station and carcass movement restrictions. On January 24, 2017, the department received confirmation that a 1.5-year-old male white-tailed deer harvested by a hunter within SZ 3 in Medina County during the hunting season had tested positive for CWD. The deer was free-ranging and was harvested on a low-fenced property. There is currently no evidence that the deer was a deer liberated from a deer breeding facility, and the harvest site has not been a release site for breeder deer or deer under any other department-administered permit programs. Prior to this discovery, CWD discoveries in this part of the state occurred only in deer breeding facilities and their associated release sites. As a result of the detection of CWD in a free-ranging white-tailed deer, consistent with epidemiological science and in consultation with TAHC, the department determined that prompt action to contain CWD in this area was necessary in order to protect species managed by the department and thus adopted emergency rules to create a CZ in a portion of Medina, Bandera, and Uvalde counties. The amendments adopted in this notice replace the emergency rules. The amendment to 65.81, concerning Containment Zones; Restrictions, creates a CZ in a portion of Bandera, Medina, and Uvalde counties. A CZ is a specific location in which CWD has been detected or the department has determined, using the best available science and data, that CWD detection is probable. With respect to the CZ established by this rulemaking, the department in consultation with TAHC has determined that for any given deer breeding facility or release site where breeder deer have been released and CWD has been discovered, the highest probability for detecting CWD that might have spread from that property is within approximately two miles of the property boundary. For a location at which CWD has been detected in a free-ranging white-tailed deer, the highest probability of detection would be within approximately a five-mile radius from the approximate location where the deer was harvested. For purposes of legal precision, the amendment describes the perimeter of the CZ in Bandera, Medina, and Uvalde counties by latitude-longitude coordinate pairs. As discussed earlier in this preamble, is adopted with a change that includes a map for additional guidance. The department notes that although the CZ designation imposes mandatory check station requirements and deer carcass movement restrictions for hunter-harvested deer, it is not necessary for hunters to be aware of or concerned with CZ boundaries, since the CZ is wholly within an SZ where mandatory check station requirements and deer carcass movement restrictions for hunter-harvested deer also apply. SZ 3 is delineated by easily recognizable and well-known roadway and river boundaries. The CZ designations affect only persons and properties within the CZ where deer are possessed pursuant to permits issued by the department; thus, although the exact boundary of CZ 3 is discernable to anyone using latitude-longitude coordinate pairs, the department is able to communicate directly with affected persons to make them aware of the rules' implementation. The department also notes that it will undertake an intensive outreach effort to inform the public. The amendment to also stipulates that if any portion of a deer breeding facility or release site is within a CZ, the entirety of the deer breeding facility or release site is considered to be in the CZ and subject to CZ restrictions. Because CWD is known to be spread by both physical and environmental vectors, it is necessary, from an epidemiological perspective, to ensure that the totality of any environment that could have been exposed to CWD be captured by the CZ designation. The amendment to differs from both the current rules and the emergency rules that it replaces by liberalizing restrictions on the movement of breeder deer within the CZ. Under both the current rules and the emergency rules, the movement of breeder deer within a CZ is prohibited, except for deer breeding facilities with TC 1 status, which are allowed to release breeder deer to adjoining acreage if that acreage is also owned by the permittee (under Subchapter B, Division 2, deer breeding facilities obtain deer movement privileges based on CWD testing performance, with TC 1 representing the highest relative confidence that CWD is not present and TC 3 the lowest). The amendment allows deer breeding facilities with TC 1 status located within a CZ to transfer or release breeder deer to any permitted or registered facility with Movement Qualified (MQ) status within the CZ (but not beyond the CZ). Deer breeding facilities with TC 2 status would be allowed to release breeder deer to adjoining acreage, provided that title in the county deed records reflects that the surface of the release site and of the breeding facility is held by the same owner or owners and every deer released has had a tonsil biopsy test for CWD with a result of "not detected" no more than 60 days prior to release. The amendment to also required harvest at registered release sites to be at a ratio of one deer per breeder deer released since the previous hunting season, and the owner of the release site maintains a harvest log and reports that harvest to the department. The department believes that deer movements resulting in an increased number of potential hosts for CWD should not be authorized. By requiring one deer to be harvested for every deer released, the proposed provision would allow the movement of deer believed to be at low relative risk for CWD while creating a zero-sum result in the number of potential disease hosts on the landscape. The department also believes that it is necessary that an assessment and reporting function be implemented by requiring a harvest log in order to allow the department to verify that persons who release breeder deer within a CZ are complying with the provisions of the proposed subparagraph. ADOPTED RULES July 21, TexReg 3645

52 The amendment to 65.82, concerning Surveillance Zones; Restrictions, alters the boundaries of both SZ 2 and SZ 3. The alteration to SZ 2 would slightly increase the size of the SZ by extending its borders to include the cities of Dumas and Amarillo. The department has become aware that there are taxidermists and processing facilities in Dumas and Amarillo that are just outside the current SZ, which means that whole carcasses of deer harvested within the SZ legally cannot be taken to those locations without being noncompliant with the carcass movement restrictions. Including the cities of Dumas and Amarillo will increase the number of taxidermists and processors available to hunters. The alteration to SZ 3 would slightly extend a segment of the western boundary westward to the Sabinal River. As noted previously in the discussion of the amendment to 65.81, the department is creating a CZ in a portion of Bandera, Medina, and Uvalde counties, based on a distance of two miles from the boundaries of properties where CWD has been detected in deer breeding facilities and five miles surrounding locations where CWD has been detected in free-ranging deer. Consequently, the SZ surrounding the CZ must be extended, and the department has determined that extending it to the Sabinal River provides an easily recognizable boundary for purposes of enforcement and compliance. The amendment also clarifies that breeder deer from a deer breeding facility located outside a SZ may be released within a SZ. The amendment to 65.85, concerning Mandatory Check Stations, increases the time period within which harvested deer must be presented at a mandatory check station for tissue sample collection for CWD testing, from 24 hours to 48 hours following harvest. In the Panhandle and far west Texas, hunters are sometimes a significant distance from the nearest check station, and because the typical hunting trip is multi-day and can result in the harvest of more than one deer, the department is persuaded that increasing the time period to 48 hours will provide convenience to hunters and land managers while posing little threat to sample viability. Rather than causing possible confusion by having a differential standard in different parts of the state, the department believes the 48-hour standard is best applied to all areas designated as a CZ or SZ. The amendment also eliminates current subsection (f), which exempted SZ 3 from carcass movement restrictions and mandatory check stations. When SZ 3 was created, the department was approached by local officials who requested that the mandatory check station and carcass movement restrictions not be implemented in SZ 3 while a voluntary effort to provide samples was attempted. The department agreed to the request, reasoning that CWD had been detected only in permitted deer breeding facilities and sites where breeder deer had been released, all of which were issued a TAHC quarantine or hold order that included surveillance requirements for all hunter-harvested deer. With the discovery of CWD in a free-ranging deer, however, the department finds that it is imperative to implement the mandatory check station and carcass movement restrictions in order to determine the extent and spread of CWD in free-ranging populations. The amendment to 65.94, concerning Breeding Facility Minimum Movement Qualification, creates a mechanism for TC 1 deer breeding facilities to temporarily retain that status in the event that an accredited testing laboratory were to lose or misplace test samples in a number that could result in such facilities being noncompliant and therefore automatically lowered in status. As discussed earlier in this preamble, the amendment provides a grace period following the end of the permit year for qualifying deer breeders to submit the necessary test samples to replace lost samples. The department received one comment opposing adoption of the proposed rules. The commenter stated that the department received test results for over 800 animals in SZ 3 and found one animal with CWD, indicating that 99.9 percent of tested animals were not infected; that persons who volunteered animals for testing are not going to get any benefit from their efforts and some are feeling betrayed as they will be treated the same as those who did not; that voluntary testing efforts will decrease tremendously; that landowners will see how the department treats landowners when a positive is found; that property values will be negatively affected; that the rules remove incentives to help the department because if a hunter does not submit a carcass for testing it is a crime but if they do submit to testing and a positive is discovered the department's response will be harsh. The commenter also stated that the department's enforcement potential is small and because offenders will not fear detection they will not comply; that the current rules have exerted a negative effect on the real estate market in SZ 3 and the rules as proposed will continue that decline; and that the commenter was told by the department that the outcome of genetic testing of the free-ranging deer that was CWD-positive would affect how the rules were proposed but no testing was performed. Finally, the commenter stated that the department destroyed a herd of very expensive white-tailed deer in Medina County and despite the cooperation of local landowners, the result has been more restrictions and no advancement of the research into the cause, transmission, or other science related to CWD. The department disagrees with the comment and responds that the department agreed to a voluntary effort to produce sufficient CWD test results in SZ 3, but the number of tests needed to detect CWD with 99 percent probability of detecting the disease if one out of every 500 deer was infected was approximately 1,750, and the volunteer effort produced less than 50 percent of that goal. Nonetheless, CWD was detected in one of those samples that was collected from a free-ranging deer-- which in and of itself required an emergency response. As noted by the department, the volunteer testing effort was acceptable because heretofore CWD in this region of the state had been detected only in captive populations and associated release sites (deer held under department-issued permits are segregated from free-ranging populations, or are harvested and tested shortly after being transferred to registered release sites); as noted, the detection of the disease in a free-ranging deer profoundly alters the epidemiological situation, because free-ranging deer are not restricted in their movements and can infect any susceptible species with which they come into contact. Therefore, in discharging its statutory duty to protect and conserve native deer, the department believes it is imperative to institute mandatory testing of all deer harvested in CZ and SZ established by the rules in order to determine the extent and prevalence of the disease on the landscape. The department also responds that there is no reason for any landowner to believe that the department has discharged its duty in other than a straightforward, transparent, and inclusive manner. The department has been, as a matter of policy and practice, assiduous in communicating to the public and the regulated community its concerns with respect to CWD, the cause for those concerns, and potential avenues of action, and has listened attentively to and carefully considered the thoughts and opinions of interested parties. The department also disagrees that a landowner or hunter who participated in the voluntary sam- 42 TexReg 3646 July 21, 2017 Texas Register

53 ple-collection effort is now in a less-advantageous situation for having assisted the department, or that the rules as adopted are punitive in any respect. The department is deeply appreciative to those who have voluntarily contributed to the effort to manage CWD and trusts that most landowners and hunters understand that the rules are a responsible, scientifically sensible, and necessary response to a disease that threatens a wildlife resource that the department is charged with managing and conserving. With respect to concerns of the rules' impact on real estate values, the department disagrees with the comment and responds that because financial data regarding purchases and sales is generally not disclosed and is therefore unavailable for scrutiny, there is no way to either validate or disprove such an assertion or even to correlate it to department regulatory action; however, it would seem that an important consideration in any real estate transaction in an area where CWD is known to be present is whether CWD is on or near the property in question, which can be ascertained only by scientifically valid surveillance and testing. The department assumes that a prospective real estate buyer would prefer to know the relative risk of whether CWD is present. The commenter also stated that the rules will remove the incentive for hunters and landowners to cooperate with the department in implementing disease management efforts because hunters and landowners will fear a harsh response if CWD is detected. The department disagrees and responds that while the department certainly would have preferred for CWD not to be present in either captive or free-ranging populations, now that it is known to be present in this region of the state it is necessary to require every harvested deer to be presented at a check station for testing, which is the only way for the department to definitively determine the extent and the prevalence of the disease. With respect to the commenter's statement regarding genetic testing of the most recent positive, the department disagrees because even if it was determined that the CWD-positive deer had escaped from a release site where CWD had previously been confirmed, the infected deer could have shed the disease in the environment, infecting other animals. The commenter additionally stated that the department has destroyed expensive deer and despite the cooperation of landowners has imposed more restrictions without advancing a scientific understanding of CWD. The department disagrees and responds that disease management protocols in some cases require that herds be depopulated in order to mitigate the spread of disease. The department also responds that although the rules as adopted impose mandatory check station, carcass movement, and live-deer movement restrictions, the rules are not in response to landowners' or hunters' actions but are intended solely as a disease management and containment strategy, not as a research opportunity. No changes were made as a result of the comment. The department received 31 comments supporting adoption of the proposed rules. DIVISION 1. CHRONIC WASTING DISEASE (CWD) 31 TAC 65.81, 65.82, 65.85, The amendments are adopted under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapter R, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that white-tailed deer may be temporarily detained in an enclosure; Subchapter R-1, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that mule deer may be temporarily detained in an enclosure (although the department has not yet established a DMP program for mule deer authorized by Subchapter R-1); and , which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission Containment Zones; Restrictions. The areas described in paragraph (1) of this section are CZs. (1) Containment Zones. (A) Containment Zone 1: That portion of the state within the boundaries of a line beginning in Culberson County where U.S. Highway (U.S.) enters from the State of New Mexico; thence southwest along U.S to F.M in Hudspeth County; thence south on F.M to I.H. 10 thence west along I.H. 10 to S.H. 20; thence northwest along S.H. 20 to Farm-to Market Road (F.M.) 1088; thence south along F.M to the Rio Grande; thence northwest along the Rio Grande to the Texas-New Mexico border. (B) Containment Zone 2: That portion of the state within the boundaries of a line beginning where I.H. 40 enters from the State of New Mexico in Deaf Smith County; thence east along I.H. 40 to U.S. 385 in Oldham County; thence north along U.S. 385 to the Oklahoma state line. (C) Containment Zone 3 is that portion of the state lying within the area designated as Containment Zone 3 as depicted in the following figure, more specifically described by the following latitude-longitude coordinate pairs: , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; ADOPTED RULES July 21, TexReg 3647

54 , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; 42 TexReg 3648 July 21, 2017 Texas Register

55 , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , Figure: 31 TAC 65.81(1)(C) (D) Existing CZs may be modified and additional CZs may be designated as necessary by the executive director as provided in of this title (relating to Powers and Duties of the Executive Director). (2) Restrictions. (A) Except as provided in this section or of this title (relating to Exception), no person within a CZ shall conduct, authorize or cause any activity involving the movement of a susceptible species under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal of, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within a CZ. (B) If any portion of a deer breeding facility or release site is within a CZ, the entirety of the deer breeding facility or release site is in the CZ. (C) If the department receives an application for a deer breeder permit for a new facility that is to be located within an area designated as a CZ, the department will issue the permit but will not authorize the possession of susceptible species within the facility so long as the CZ designation exists. (D) Deer that escape from a deer breeding facility within a CZ may not be recaptured unless specifically authorized under a hold order or herd plan issued by the Texas Animal Health Commission. (E) A TC 1 deer breeding facility located in a CZ may: (i) receive deer from any facility in the state that is authorized to transfer deer; and (ii) release or transfer breeder deer within the CZ. (F) A TC 2 deer breeding facility located within a CZ may release breeder deer to immediately adjoining acreage if: (i) the title in the county deed records reflects that the surface of the release site and of the breeding facility is held by the same owner or owners; and (ii) each breeder deer released has, within 60 days prior to release, been subjected to a tonsil biopsy test for CWD with a result of "not detected." (G) Breeder deer may not be transferred to or from a TC 3 deer breeding facility located within a CZ. (H) Breeder deer from any deer breeding facility designated as Movement Qualified under the provisions of Division 2 of this subchapter may be released within a CZ, provided the breeding facility is authorized to release deer under the provisions of this division; and (i) that if a release occurs during a "hunting year" (as defined in of this title (relating to Definitions)), harvest at the release site must be equal to or greater than the number of breeder deer released at that site before the last day of the hunting year, otherwise the harvest and reporting requirements of this subparagraph must be met before the last day of the hunting year immediately following the release; and (ii) the owner of the release site complies with the requirements of of this title (relating to Harvest Log). (iii) A person who fails to comply with the requirements of subparagraph (H) of this paragraph commits an offense as provided in Parks and Wildlife Code, and of this division, and the department shall not authorize the additional release of breeder deer to that release site Surveillance Zones; Restrictions. The areas described in paragraph (1) of this section are SZs. (1) Surveillance Zones. (A) Surveillance Zone 1: That portion of the state lying within a line beginning where U.S. 285 enters from the State of New Mexico in Reeves County; thence southeast along U.S. 285 to R.M. 652; thence west along R.M. 652 to Rustler Springs Rd./FM 3541 in Culberson County; thence south along Rustler Springs Rd./F.M to F.M. 2185; thence south along F.M to Nevel Road; thence west along Nevel Road to County Road 501; thence south along County Road 501 to Weatherby Road; thence south along Weatherby Road to F.M. 2185; thence southwest along to F.M to S.H. 54; thence ADOPTED RULES July 21, TexReg 3649

56 south on S.H. 54 to U.S. 90; thence south along U.S. 90 to the Culberson County line; thence southwest along the Culberson County line to the Rio Grande River in Hudspeth County; thence north along the Rio Grande to F.M. 1088; thence northeast along F.M to S.H. 20; thence southeast along S.H. 20 to I.H. 10; thence southeast along I.H. 10 to F.M 1111; thence north on F.M to U.S. 62/180; thence east and north along U.S. 62/180 to the New Mexico state line in Culberson County. (B) Surveillance Zone 2. That portion of the state lying within a line beginning at the New Mexico state line where U.S. 60 enters Texas; thence northeast along U.S. 60 to U.S. 87 in Randall County; thence south along U.S. 87 to S.H. 217 in Canyon; thence east along S.H. 217 to F.M. 1541; thence north along F.M to Loop 335; thence east and north along Loop 335 to S.H. 136; thence northwest along S.H. 136 to N. Lakeside Dr.; thence north along N. Lakeside Dr. to E. Willow Creek Dr.; thence west along E. Willow Creek Dr. to Denton St.; thence north along Denton St. to E. Cherry; thence west along E. Cherry to N. Eastern St.; thence south along N. Eastern St. to E. Willow Creek Dr.; thence west along E. Willow Creek Dr. to U.S. 87; thence north along U.S. 87 to the City of Dumas; thence along the city limits of Dumas to U.S. 287 in Moore County; thence north along U.S. 287 to the Oklahoma state line. (C) Surveillance Zone 3. That portion of the state not within the CZ described in 65.81(1)(C) of this title (relating to Containment Zones; Restrictions) lying within a line beginning at U.S. 90 in Hondo in Medina County; thence west along U.S. Highway 90 to the Sabinal River in Uvalde County; thence north along the Sabinal River to F.M. 187; thence north along F.M. 187 to F.M. 470 in Bandera County; thence east along F.M. 470 to Tarpley in Bandera County; thence south along F.M. 462 to U.S. 90 in Hondo. (D) Existing SZs may be modified and additional SZs may be designated as necessary by the executive director as provided in of this title (relating to Powers and Duties of the Executive Director). (2) Restrictions. (A) Except as provided in of this title (relating to Exception) and subparagraph (B) of this paragraph, no person within a SZ may conduct, authorize or cause any activity involving the movement of a susceptible species, into, out of, or within a SZ under a permit issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C, E, L, R, or R-1. Such prohibited activity, includes, but is not limited to transportation, introduction, removal, authorizing the transportation, introduction or removal, or causing the transportation, introduction or removal of a live susceptible species into, out of, or within a SZ. (B) Breeder Deer. (i) Except as provided in Division 2 of this subchapter, a breeding facility that is within a SZ and designated as a: (I) TC 1 breeding facility may: (-a-) transfer to or receive breeder deer from any other deer breeding facility in this state that is authorized to transfer deer; and (-b-) transfer breeder deer in this state for purposes of liberation, including to release sites within the SZ. (II) TC 2 breeding facility: (-a-) may receive deer from any facility in the state that is authorized to transfer deer; (-b-) may transfer deer to a breeding facility or release site that is within the same SZ; and (-c-) is prohibited from transferring deer to any facility outside of the SZ. (ii) Deer that escape from a breeding facility within a SZ may not be recaptured unless specifically authorized under a hold order or herd plan issued by the Texas Animal Health Commission. (C) Breeder deer from a deer breeding facility located outside a SZ may be released within a SZ if authorized by Division 2 of this subchapter. (D) Permits to Transplant Game Animals and Game Birds (Triple T permit). The department may authorize the release of susceptible species in a SZ under the provisions of a Triple T permit issued by the department under the authority of Parks and Wildlife Code, Chapter 43, Subchapter E and the provisions of Subchapter C of this chapter, but the department will not authorize the trapping of deer within a SZ for purposes of a Triple T permit. (E) Deer Management Permit (DMP). The department may issue a DMP for a facility in a SZ; however, any breeder deer introduced to a DMP facility in a SZ must be released to the property for which the DMP is issued and may not be transferred anywhere for any purpose. 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 June 30, TRD Robert D. Sweeney, Jr. Acting General Counsel Texas Parks and Wildlife Department Effective date: July 24, 2017 Proposal publication date: April 21, 2017 For further information, please call: (512) DIVISION 2. CHRONIC WASTING DISEASE - MOVEMENT OF DEER 31 TAC The amendment is adopted under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, or sale of breeder deer held under the authority of the subchapter; Subchapter R, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that white-tailed deer may be temporarily detained in an enclosure; Subchapter R-1, which authorizes the commission to establish the conditions of a deer management permit, including the number, type, and length of time that mule deer may be temporarily detained in an enclosure (although the department has not yet established a DMP program for mule deer authorized by Subchapter R-1); and , which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission. 42 TexReg 3650 July 21, 2017 Texas Register

57 Breeding Facility Minimum Movement Qualification. (a) Notwithstanding any other provision of this division, a breeding facility is designated NMQ and is prohibited from transferring breeder deer anywhere for any purpose if the breeding facility: (1) has not: (A) met the provisions of this subparagraph: (i) had less than five eligible mortalities from May 23, 2006 through March 31, 2016; or (ii) submitted CWD "not detected" test results for at least 20% of the total number of eligible mortalities that occurred in the facility since May 23, 2006; and (B) beginning with the report year that starts April 1, 2017, and each April 1 thereafter: (i) achieved "fifth-year" or "certified" status in the TAHC CWD Herd Certification Program; or (ii) submitted CWD "not detected" test results for at least 80% of eligible mortalities occurring in the facility during the previous reporting year; provided, however, if the facility has been permitted for six months or more, the number of "not detected" test results submitted during the previous reporting year must be equal to or greater than the following number: the sum of the eligible-aged deer reported in the breeding facility inventory on March 31 of the previous reporting year, plus the sum of the eligible mortalities that occurred within the breeding facility for the previous reporting year, multiplied by 3.6 percent; (2) is not authorized pursuant to a TAHC Herd Plan associated with a TAHC hold order or TAHC quarantine; (3) does not have a reconciled herd inventory; or (4) is not in compliance with the reporting and recordkeeping provisions of this division and of this title (relating to Annual Reports and Records). (b) A breeding facility that has been designated as NMQ for failure to comply with the testing requirements specified in subsection (a) of this section will be restored to MQ when the required "not detected" test results prescribed by subsection (a) of this section are submitted. (c) If a breeding facility that has obtained TC 1 status is unable to satisfy the criteria of this subchapter necessary to maintain TC 1 status by March 31 of any year solely because tissue samples have been documented by an accredited testing facility as having been received and lost, the breeding facility status will be reduced to TC 2 unless: (1) ante-mortem substitution samples necessary to maintain TC 1 status are submitted to an approved diagnostic laboratory by the latter of the following: (A) May 15 immediately following the report year to which the substitution test results would apply; or (B) 30 days after the date on which the breeder is notified by the accredited testing facility that the tissue samples have been lost; and (2) the required number of "not detected" test results are obtained from the ante-mortem substitute samples submitted to satisfy paragraph (1) of this subsection. (d) A breeding facility designated NMQ shall report all mortalities within the facility to the department immediately upon discovery of the mortality. (e) Immediately upon the notification that a facility has received a CWD "suspect" test result (a CWD suspect facility), all facilities that have been in possession of a deer that was held in the CWD suspect facility within the previous five years shall be designated NMQ by the department until it is determined that the facility is not epidemiologically linked to the CWD suspect deer, or it is determined upon further testing that the "suspect" deer is not a confirmed positive. 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 June 30, TRD Robert D. Sweeney, Jr. Acting General Counsel Texas Parks and Wildlife Department Effective date: July 24, 2017 Proposal publication date: April 21, 2017 For further information, please call: (512) TITLE 37. PUBLIC SAFETY AND CORREC- TIONS PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE CHAPTER 195. PAROLE 37 TAC The Texas Board of Criminal Justice adopts amendments to , concerning the Temporary Housing Assistance Program, without changes to the proposed text as published in the April 21, 2017, issue of the Texas Register (42 TexReg 2162). The adopted amendments are necessary to conform the language of the rule to current practice and update formatting. No comments were received regarding the amendments. The amendments are adopted under Texas Government Code , Cross Reference to Statutes: None. 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 July 6, TRD Sharon Howell General Counsel Texas Department of Criminal Justice Effective date: July 26, 2017 Proposal publication date: April 21, 2017 For further information, please call: (936) ADOPTED RULES July 21, TexReg 3651

58

59 Proposed Rule Reviews Texas Department of Criminal Justice Title 37, Part 6 The Texas Board of Criminal Justice files this notice of intent to review 151.8, concerning Advisory Committees. This review is conducted pursuant to Texas Government Code , which requires rule review every four years. Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this notice in the Texas Register. TRD Sharon Howell General Counsel Texas Department of Criminal Justice Filed: July 10, 2017 The Texas Board of Criminal Justice files this notice of intent to review , concerning Authorized Witnesses to the Execution of an Offender Sentenced to Death. This review is conducted pursuant to Texas Government Code , which requires rule review every four years. Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this notice in the Texas Register. TRD Sharon Howell General Counsel Texas Department of Criminal Justice Filed: July 10, 2017 The Texas Board of Criminal Justice files this notice of intent to review , concerning the Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails. This review is conducted pursuant to Texas Government Code , which requires rule review every four years. Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this notice in the Texas Register. TRD Sharon Howell General Counsel Texas Department of Criminal Justice Filed: July 10, 2017 The Texas Board of Criminal Justice files this notice of intent to review 159.1, concerning Substance Abuse Felony Punishment Facilities Eligibility Criteria. This review is conducted pursuant to Texas Government Code , which requires rule review every four years. Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this notice in the Texas Register. TRD Sharon Howell General Counsel Texas Department of Criminal Justice Filed: July 10, 2017 Texas Judicial Council Title 1, Part 8. The Texas Indigent Defense Commission (Commission) is a permanent Standing Committee of the Texas Judicial Council. The Commission proposes to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 1, Part 8, Chapter 173, concerning Indigent Defense Grants. Chapter 173 contains Subchapter A, concerning General Funding Program Provisions, Subchapter B, concerning Eligibility and Funding Requirements, Subchapter C, concerning Ad- RULE REVIEW July 21, TexReg 3653

60 ministering Grants, and Subchapter D, concerning Fiscal Monitoring and Audits. This rule review will be conducted pursuant to Texas Government Code, The Commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reasons for adopting these rules continue to exist. The Texas Indigent Defense Commission, which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Wesley Shackelford, Deputy Director, Texas Indigent Defense Commission, 209 W. 14th St. Suite 202, Austin, Texas or by to TRD Wesley Shackelford Deputy Director Texas Judicial Council Filed: July 7, 2017 The Texas Indigent Defense Commission (Commission) is a permanent Standing Committee of the Texas Judicial Council. The Commission files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 1, Part 8, Chapter 174, Subchapter A, concerning Minimum Continuing Legal Education Requirements, and Subchapter B, concerning Contract Defender Program Requirements. This rule review will be conducted pursuant to Texas Government Code, The Commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reasons for adopting these rules continue to exist. The Texas Indigent Defense Commission, which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Wesley Shackelford, Deputy Director, Texas Indigent Defense Commission, 209 W. 14th St. Suite 202, Austin, Texas or by to wshackelford@tidc.texas.gov. TRD Wesley Shackelford Deputy Director Texas Judicial Council Filed: July 10, TexReg 3654 July 21, 2017 Texas Register

61 TABLES AND GRAPHICS July 21, TexReg 3655

62 42 TexReg 3656 July 21, 2017 Texas Register

63 TABLES AND GRAPHICS July 21, TexReg 3657

64 42 TexReg 3658 July 21, 2017 Texas Register

65 TABLES AND GRAPHICS July 21, TexReg 3659

66 42 TexReg 3660 July 21, 2017 Texas Register

67 Alamo Area Metropolitan Planning Organization Request for Proposals - Expenditure of Funds Audit The Alamo Area Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to perform an audit of expenditures of funds provided by the United States Department of Transportation for each of the five (5) fiscal years: , , , and A copy of the Request for Proposals (RFP) may be requested by calling Jeanne Geiger, Deputy Director, at (210) or by downloading the RFP and any required attachments from the MPO's website at Anyone wishing to submit a proposal must do so by 12:00 p.m. (CT), Wednesday, August 23, 2017, at the MPO office to: Jeanne Geiger, Deputy Director Alamo Area MPO 825 S. St. Mary's Street San Antonio, Texas Funding for this project, in the amount of $140,000 over the five year period, is contingent upon the availability of Federal transportation planning funds. TRD Jeanne Geiger Deputy Director Alamo Area Metropolitan Planning Organization Filed: July 12, 2017 Office of the Attorney General Request for Applications for the Sexual Assault Services Program Grant The Office of the Attorney General (OAG) is soliciting applications from State Sexual Assault Coalition programs to utilize funds for preventing sexual assault or improving services for survivors and other individuals affected by sexual violence. Applicable Funding Source: The source of funding is through a biennial appropriation by the Texas Legislature. All funding is contingent upon an appropriation to the OAG by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding. Eligibility Requirements: Eligible Applicants: State Sexual Assault Coalition - a statewide nonprofit organization that has been identified as a state sexual assault coalition by a state or federal agency authorized to make that designation. Eligibility: The OAG will initially screen each application for eligibility. Applications will be deemed ineligible if the application is submitted by an ineligible applicant; the application is not filed in the manner and form required by the Application Kit; the application is filed after the deadline established in the Application Kit; or the application does not meet other requirements as stated in the Request for Applications (RFA) and the Application Kit. How to Obtain Application Kit: The OAG will post the Application Kit on the OAG's website at Updates and other helpful reminders about the application process will also be posted at this location. Potential applicants are encouraged to refer to the site regularly. Deadlines and Filing Instructions for the Grant Application: Application Deadline: The Applicant Organization must submit its application, including all required attachments, to the OAG, and the OAG must receive the submitted application and all required attachments by the deadline established in the Application Kit to be considered timely filed. Filing Instructions: Strict compliance with the filing instructions, as provided in the Application Kit, is required. The OAG will not consider an Application if it is not received by the due date as stated in the Application Kit. Minimum and Maximum Amounts of Funding Available: Minimum and maximum amounts of funding are subject to change as stated in the Application Kit. The minimum amount of funding for all programs is $65,000 per fiscal year. The maximum amount for a local program is $1,125,000 per fiscal year. Start Date and Length of Grant Contract Period: The grant contract period (term) is up to two years from September 1, 2017, through August 31, 2019, subject to and contingent on funding and/or approval by the OAG. No Match or Volunteer Requirements: There are no match or volunteer requirements. Award Criteria: The OAG will make funding decisions that support the efficient and effective use of public funds. Scoring and review components may include, but are not limited to, information provided by the applicant on the proposed project activities and budget. Funding decisions may include a competitive allocation method. All grant decisions including, but not limited to, eligibility, evaluation and review, and funding rest completely within the discretionary authority of the OAG. The decisions made by the OAG are final and are not subject to appeal. Grant Purpose Area: Grant contracts awarded under this Application Kit may be used to carry out the purpose of Texas Government Code, Chapter 420, including standardizing the quality of services provided, preventing sexual assault, and improving services to survivors and other individuals affected by sexual violence. Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; costs of IN ADDITION July 21, TexReg 3661

68 travel that are unrelated to the direct delivery of services that support the OAG grant-funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit. OAG Contact Person: If additional information is needed, contact Lyndsay Ysla at Grants@oag.texas.gov or (512) TRD Amanda Crawford General Counsel Office of the Attorney General Filed: July 7, 2017 Texas Health and Safety Code and Texas Water Code Settlement Notice The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to of the Texas Water Code the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law. Case Title and Court: Harris County, Texas, and the State of Texas v. National Oilwell Varco, L.P.; Cause No ; in the 151st Judicial District Court of Harris County, Texas. Background: Defendant formerly utilized an induction heater to conduct a process known as the "burn and pull" process to remove rubber coating from the inside of metal piping at its facility at 8018 Breen Drive in Houston, Harris County, Texas ("the Facility"). Harris County Pollution Control Services Department investigators received complaints of strong burned-rubber odors in the vicinity of the Facility in July, Upon investigation, the investigators determined that the Facility was the source of the odors and that the odor was caused by the Defendant's operation of the "burn and pull" process. Proposed Settlement: The Agreed Final Judgment and Permanent Injunction awards civil penalties in the amount of $15,000 to be divided equally between the State and Harris County, and attorneys' fees to the State in the amount of $1,000. The Agreed Final Judgment and Permanent Injunction also requires the Defendant to notify Harris County at least 30 days prior to recommencing the "burn and pull" process at the Facility, and to secure all necessary authorizations from TCEQ to conduct the process. The Office of the Attorney General will accept written comments relating to the proposed judgment for thirty (30) days from the date of publication of this notice. The proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas, and copies may be obtained in person or by mail for the cost of copying. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Erin Rodman, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas , (512) , facsimile (512) TRD Amanda Crawford General Counsel Office of the Attorney General Filed: July 10, 2017 Comptroller of Public Accounts Notice of Contract Award The Texas Comptroller of Public Accounts announces this notice of award for actuarial services to Sherman Actuarial Services, LLC, 18 High Street, Wakefield, Massachusetts 0180, under Request for Proposals No. 219h ("RFP"). The total amount of the contract is not to exceed $223, The RFP was published in the March 10, 2017, issue of the Texas Register (42 TexReg 1163). TRD Vicki L. Rees Assistant General Counsel, Contracts Comptroller of Public Accounts Filed: July 6, 2017 Public Notice of Court Costs and Fees 2017 Government Code, , requires the comptroller to publish a list of all court costs and fees imposed or changed during the most recent regular session of the legislature. This section also provides generally that, notwithstanding the effective date of the law imposing or changing the amount of a court cost or fee, the imposition or change does not take effect until January 1, following the effective date of the law. The listing of court costs and fees to be identified and published as required by Government Code, are as follows: House Bill (HB) 557 Expunction of Arrest Records and Files HB 557 is effective September 1, House Bill 557 relates to the expunction of arrest records and files for certain persons and to the return of certain fees to a person whose criminal record had been expunged; authorizing a fee. The bill amends Code of Criminal Procedure, by amending subsection (a), requiring a petitioner seeking expunction of a criminal record in a district court, in addition to any other fees required by other law and except as provided by subsection (b), to pay certain fees. The bill amends Code of Criminal Procedure, by adding subsection (a-1), requiring in addition to any other fees required by other law and except as provided by subsection (b), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55 to pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter. The bill amends Government Code, Chapter 103, Subchapter B, by adding , requiring a petitioner filing an ex parte petition for expunction in a justice court or a municipal court of record to pay a fee under Code of Criminal Procedure, Article , of $100 to defray the costs of notifying state agencies of orders of expunction. House Bill (HB) 1234 Hidalgo County and Cameron County HB 1234 is effective September 1, House Bill 1234 relates to filing fees imposed in civil cases in Hidalgo County and Cameron County. 42 TexReg 3662 July 21, 2017 Texas Register

69 The bill amends Government Code, Chapter 101, Subchapter D, by adding , requiring the clerk of a district court in Hidalgo County and the clerk of a district court in Cameron County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the payment of the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. The bill amends Government Code, Chapter 101, Subchapter E, by adding , requiring the clerk of a statutory county court in Hidalgo County and the clerk of a statutory county court in Cameron County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the payment of the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. The bill amends Government Code, Chapter 101, Subchapter F, by adding , requiring the clerk of a statutory probate court in Hidalgo County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the payment of the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. House Bill (HB) 2875 Willacy County and Starr County HB 2875 is effective September 1, House Bill 2875 relates to the imposition of additional fees for filing civil cases in Willacy County and Starr County. Section 1 of HB 2875 amends Government Code, Chapter 51, Subchapter H by adding Subsection (a) of provides that this section applies only to district courts, the constitutional county court, and justice courts in Willacy County; and district courts, the county court at law, and justice courts in Starr County. Subsection (b) of provides that except as otherwise provided by this section and in addition to all other fees authorized or required by other law, the clerk of a court shall collect a filing fee of not more than $20 in each civil case filed in the court, if the fee is authorized by the commissioners court of the county collecting the fee. A fee collected under this section is to be used for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts; and to pay the principal of, interest on, and cost of issuance of bonds issued for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts. Subsection (c) of requires that court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case. Subsection (d) of requires the clerk to send the fees collected under this section to the county treasurer of the county in which the court is located or to any other official who discharges the duties commonly assigned to the county treasurer at least as frequently as monthly. The treasurer or other official must deposit the fees in a special account in the county treasurer dedicated to the construction, renovation, or improvement of the facilities that house the Willacy County or Star County civil courts; and pay the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts. Subsection (e) of provides that this section applies only to fees for a 12-month period beginning October 1, if the commissioners court of the county collecting the fee: adopts a resolution authorizing a fee of not more than $20; adopts a resolution requiring the county to spend one dollar for the construction, renovation, or improvement of the court facilities or to pay the principal of, interest on, and costs of issuance of bonds issued for the construction of court facilities for each dollar spent from the special account dedicated to that purpose; and files the resolutions with the county treasurer or with any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 immediately preceding the first 12-month period during which the fees are to be collected. Subsection (f) of provides that a resolution adopted under subsection (e) continues from year to year until October 1, 2045, allowing the county to collect fees under the terms of this section until the resolution is rescinded. Subsection (g) of authorizes the commissioners court of the county collecting the fee to rescind a resolution under subsection (e) by adopting a resolution rescinding the resolution and submitting the rescission resolution to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 preceding the beginning of the first day of the county fiscal year. The commissioners court may adopt an additional resolution in the manner provided by subsection (e) after rescinding a previous resolution under that subsection. Subsection (h) of provides that a fee established under a particular resolution is abolished on the earlier of: the date a resolution adopted under subsection (e) is rescinded as provided by subsection (g); or October 1, Subsection (i) of authorizes Willacy County or Starr County to make the required expenditure described by subsection (e)(2) at any time, regardless of when the expenditure from the special account occurs. Section 2 of HB 2875 amends Government Code, Chapter 101, Subchapter D, by adding , requiring that the clerk of a district court in Willacy County and the clerk of a district court in Starr County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. Section 3 of HB 2875 amends Government Code, Chapter 101, Subchapter E, by adding , requiring that the clerk of a statutory county court in Starr County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. Section 4 of HB 2875 amends Government Code, Chapter 101, Subchapter G, by adding , requiring that the clerk of the county court in Willacy County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. IN ADDITION July 21, TexReg 3663

70 Section 5 of HB 2875 amends Government Code, Chapter 101, Subchapter H, by adding , requiring that the clerk of a justice court in Willacy and the clerk of a justice court in Starr County to collect an additional filing fee of not more than $20 under Government Code, , in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court. Senate Bill (SB) 42 Security of Courts and Judges SB 42 is effective September 1, Senate Bill 42 relates to the security of courts and judges in the state and establishes a fee. Section 5 of SB 42 amends Government Code, Chapter 51, by adding Subchapter N (Additional Filing Fee for Judicial and Court Personnel Training), and (Judicial and Court Personnel Training Fee). Subsection (a) of authorizes, in addition to other fees authorized or required by law, the clerk of a district court, county court, statutory county court, statutory probate court, or justice court to collect a $5 fee on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third part action. Subsection (b) of allows a court to waive payment of a fee due under this section for an individual the court determines is indigent. Subsection (c) of provides that fees due under this section are to be collected in the same manner as other fees, fines, or costs in the case. Subsection (d) of requires the clerk of a district court, county court, statutory county court, statutory probate court, or justice court to deposit the court costs and fees collected under this section in the appropriate local treasury and remit the court costs and fees to the comptroller in the manner provided under Local Government Code, Chapter 133, Subchapter B. Subsection (e) of provides that the comptroller shall deposit the fees received under this section to the credit of the judicial and court personnel training fund established under Subsection (f) of allows the comptroller to audit the records of a county related to costs and fees collected under this section. And subsection (g) of provides that money spent from costs and fees collected under this section is subject to audit by the state auditor. Section 10 of SB 42 amends Government Code, Chapter 101, Subchapter D, by adding by authorizing the clerk of a district court to collect an additional filing fee of $5 under in civil cases to fund judicial and court personnel training. Section 11 of SB 42 amends Government Code, Chapter 101, Subchapter E, by adding which authorizes the clerk of a statutory county court to collect an additional filing fee of $5 under in civil cases to fund judicial and court personnel training. Section 12 of SB 42 amends Government Code, Chapter 101, Subchapter F, by adding which authorizes the clerk of a statutory probate court to collect an additional filing fee of $5 under in civil cases to fund judicial and court personnel training. Section 13 of SB 42 amends Government Code, Chapter 101, Subchapter G, by adding which authorizes the clerk of a county court to collect an additional filing fee of $5 under in civil cases to fund judicial and court personnel training. Section 14 of SB 42 amends Government Code, Chapter 101, Subchapter H, by adding which authorizes the clerk of a justice court to collect an additional filing fee of $5 under in civil cases to fund judicial and court personnel training. Please note that while Government Code, (c), provides generally that the imposition or change in the amount of a court cost or fee does not take effect until the next January 1 after the law takes effect, Section 29 of SB 42 expressly creates an exception. Section 29 of SB 42 provides that "Government Code, , does not apply to the imposition of a fee assessed under Government Code, (a), as added by this Act." TRD Lita Gonzalez General Counsel Comptroller of Public Accounts Filed: July 12, 2017 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 07/17/17-07/23/17 is 18% for Consumer 1 /Agricultural/Commercial 2 credit through $250,000. The weekly ceiling as prescribed by and for the period of 07/17/17-07/23/17 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 Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: July 11, 2017 Court of Criminal Appeals In the Court of Criminal Appeals of Texas Misc. Docket No FINAL ORDER ADOPTING AMENDMENTS TO TEXAS RULE OF APPELLATE PROCEDURE 33.1 ORDERED that: By order dated February 15, 2017, in Misc. Docket No , the Court of Criminal Appeals adopted amendments to Rule of Appellate Procedure 33.1, effective July 1, The comment period having expired, no revisions to the rules have been made. This is the final order adopting the rules as amended. The Clerk is directed to: a. file a copy of this order with the Secretary of State; b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; 42 TexReg 3664 July 21, 2017 Texas Register

71 c. send a copy of this order to each elected member of the Legislature; and d. submit a copy of the order for publication in the Texas Register. Dated: June 26, Sharon Keller, Presiding Judge Kevin P. Yeary, Judge Michael Keasler, Judge David Newell, Judge Barbara Hervey, Judge Mary Lou Keel, Judge Elsa Alcala, Judge Scott Walker, Judge Bert Richardson, Judge Preservation; How Shown (a) In General. As a prerequisite to presenting a complaint for appellate review, the record must show that: (1) the complaint was made to the trial court by a timely request, objection, or motion that: (A) stated the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context; and (B) complied with the requirements of the Texas Rules of Evidence or the Texas Rules of Civil or Appellate Procedure; and... (d) Sufficiency of Evidence Complaints in Civil Nonjury Cases. In a civil nonjury case, a complaint regarding the legal or factual insufficiency of the evidence - including a complaint that the damages found by the court are excessive or inadequate, as distinguished from a complaint that the trial court erred in refusing to amend a fact finding or to make an additional finding of fact - may be made for the first time on appeal in the complaining party's brief. Comment to 2017 change: The 2017 amendment is intended only to clarify, and not to change, existing law. TRD Deana Williamson Clerk Court of Criminal Appeals Filed: July 6, 2017 Texas Emergency Services Retirement System Correction of Error The Texas Emergency Services Retirement System published a proposed amendment to 34 TAC in the June 30, 2017, issue of the Texas Register (42 TexReg 3351). The text of subsection (e) was submitted incorrectly by the agency. The text of subsection (e) was submitted as follows: (e) Contributions are payable during a period of temporary disability or when leave is taken under the Family and Medical Leave Act of 1993 (29 U.S.C et seq.). Contributions are not payable during a period of temporary disability. The words "during a period of temporary disability or" should be omitted, and subsection (e) should read as follows: (e) Contributions are payable when leave is taken under the Family and Medical Leave Act of 1993 (29 U.S.C et seq.). Contributions are not payable during a period of temporary disability. TRD Kevin Deiters Executive Director Texas Emergency Services Retirement System Filed: July 5, 2017 Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), 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 August 21, 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 August 21, 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. IN ADDITION July 21, TexReg 3665

72 (1) COMPANY: 4-D Water Company, LLC; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (c)(2)(A), (h), and (i)(1), and (c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites for the January 1, June 30, 2016, monitoring period, 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 collect lead and copper tap samples for the January 1, June 30, 2016, monitoring period; 30 TAC (c)(2)(B), (h), and (i)(1), and (c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites for the January 1, December 31, 2013, January 1, December 31, 2014, and January 1, December 31, 2015, monitoring periods, have the samples analyzed, and report the results to the ED, and 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 2015 monitoring period; 30 TAC (e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the ED each quarter by the tenth day of the month following the end of the quarter for the third quarter of 2016; 30 TAC (c)(2)(D), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites for the January 1, December 31, 2011, monitoring period, have the samples analyzed, and report the results to the ED; and 30 TAC and TWC, 5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number for calendar years 2015, and 2016; PENALTY: $1,802; ENFORCEMENT COORDINATOR: James Fisher, (512) ; REGIONAL OFFICE: Judson Road, San Antonio, Texas , (210) (2) COMPANY: A and A STAR INCORPORATED dba V and D Food Store; DOCKET NUMBER: PST-E; IDENTIFIER: RN ; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC (b)(3)(A) and TWC, (c)(2), by failing to have all spill and overfill prevention equipment installed in accordance with the manufacturer's instructions and a code or standard of practice developed by a nationally recognized association or independent testing laboratory; 30 TAC (i) and TWC, (c)(2), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers or catchment basins associated with a underground storage tank (UST) system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight and free of any liquid or debris; 30 TAC (b)(3) and Texas Health and Safety Code, (b), by failing to perform and complete all decomissioning activities, as applicable for the particular Stage II vapor recovery system equipment installed at the station; and 30 TAC (b)(1)(A) and TWC, (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month; PENALTY: $6,081; ENFORCEMENT COORDINATOR: Ken Moller, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) (3) COMPANY: AADIT PETROTECH LLC dba Alligator Express; DOCKET NUMBER: PST-E; IDENTIFIER: RN ; LOCATION: Anahuac, Chambers County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC , by failing to investigate a suspected release of regulated substance within 30 days of discovery; 30 TAC , by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC (b)(1)(B) and (e)(1), by failing to maintain underground storage tank records and make them immediately available for inspection upon request by agency personnel; PENALTY: $6,813; ENFORCEMENT COORDINATOR: Ken Moller, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) (4) COMPANY: City of Ector; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Ector, Fannin County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, (a)(1), 30 TAC (1), and Texas Pollutant Discharge Elimination System Permit Number WQ , Effluent Limitations and Monitoring Requirements Numbers 1 and 3, by failing to comply with permitted effluent limitations; PENALTY: $13,562; Supplemental Environmental Project offset amount of $10,850; ENFORCEMENT COORDINATOR: Caleb Olson, (512) ; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas , (817) (5) COMPANY: City of Edcouch; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Edcouch, Hidalgo County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites for the January 1, June 30, 2016, and July 1, December 31, 2016, monitoring periods, have the samples analyzed, and report the results to the executive director (ED); and 30 TAC (c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites for the January 1, December 21, 2015, monitoring period, have the samples analyzed, and report the results to the ED; PENALTY: $504; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) ; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas , (956) (6) COMPANY: City of Edcouch; DOCKET NUMBER: WQ-E; IDENTIFIER: RN ; LOCATION: Edcouch, Hidalgo 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 MS4; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Austin Henck, (512) ; REGIONAL OFFICE: 1804 West Jefferson Avenue Harlingen, Texas , (956) (7) COMPANY: City of Gatesville; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Gatesville, Bell County; TYPE OF FACILITY: water treatment facility; RULES VIO- LATED: TWC, (a)(1) and 30 TAC and (2), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) ; REGIONAL OF- FICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas , (254) (8) COMPANY: City of Naples; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Naples, Morris County; TYPE OF FACILITY: public water supply; RULES VIO- LATED: 30 TAC (c)(2)(B), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, December 31, 2016, monitoring period; 30 TAC (c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, December 31, 2015, monitoring period; and 30 TAC (i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, 42 TexReg 3666 July 21, 2017 Texas Register

73 and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed for the January 1, December 31, 2016, monitoring period; PENALTY: $385; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) ; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas , (903) (9) COMPANY: City of Redwater; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Redwater, Bowie County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, (a)(1), 30 TAC (1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ , Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, by failing to comply with permitted effluent limitations; 30 TAC (1) and (17), 319.1, and 319.7(d), and TPDES Permit Number WQ , Monitoring and Reporting Requirements Number 1, by failing to timely submit discharge monitoring reports at the intervals specified in the permit; and 30 TAC (1) and (17) and TPDES Permit Number WQ , Sludge Provisions, by failing to timely submit the annual sludge report at the intervals specified in the permit; PENALTY: $5,822; Supplemental Environmental Project offset amount of $4,658; ENFORCEMENT COORDINATOR: Caleb Olson, (512) ; REGIONAL OFFICE: 2916 Teague Drive Tyler, Texas , (903) (10) COMPANY: City of Skellytown; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Skellytown, Carson County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, (a)(1) and 30 TAC (a) and (2), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $28,500; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) ; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas , (806) (11) COMPANY: City of Stanton; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Stanton, Martin County; TYPE OF FACILITY: public water supply; RULES VIO- LATED: 30 TAC (f)(1) and (b)(2)(A) and (f), and Texas Health and Safety Code, (c), by failing to comply with the maximum contaminant level (MCL) of milligrams per liter for total trihalomethanes (TTHM), based on the locational running annual average, and failing to timely provide public notification and submit a copy of the public notification to the executive director regarding the failure to comply with the MCL for TTHM; PENALTY: $435; EN- FORCEMENT COORDINATOR: Claudia Corrales, (432) ; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) (12) COMPANY: City of Wellman; DOCKET NUMBER: MWD-E; IDENTIFIER: RN ; LOCATION: Wellman, Terry County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC (1) and (5), and TCEQ Permit Number WQ , Operational Requirements Number 4, by failing to install adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention; and 30 TAC (1) and 319.7(c), and TCEQ Permit Number WQ , Monitoring Requirements Number 3.b., by failing to maintain calibration records for analytical equipment; PENALTY: $5,250; Supplemental Environmental Project offset amount of $4,200; ENFORCEMENT COORDINATOR: Larry Butler, (512) ; REGIONAL OFFICE: th Street, Suite 100, Lubbock, Texas , (806) (13) COMPANY: FIRESTONE POLYMERS, LLC; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LO- CATION: Orange, Orange 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 each of the facility's entry points, and the required distribution sample sites for two consecutive six-month periods following the January 1, December 31, 2013, 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 all of the required water quality parameter sampling during the January 1, June 30, 2014, and July 1, December 31, 2014, monitoring periods; 30 TAC (g)(2)(A) and (b)(2)(B) and (f), and 40 CFR and (d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, December 31, 2013, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC (i)(5) and (k) and (b)(2)(B) and (f), and 40 CFR (a) and (b) and (f)(1), by failing to deliver the public education materials following the lead action level exceedances that occurred during the July 1, December 31, 2014, and the January 1, June 30, 2015, monitoring periods, and failing to provide the ED with copies of the public education materials and certification that distribution of said materials is being conducted in a manner consistent with TCEQ requirements; 30 TAC (d)(2)(A), (h), and (i)(2) and (c)(2)(A) and (f), and 40 CFR and (b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, December 31, 2013, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and 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 each of the facility's entry points no later than 180 days after the end of the January 1, December 31, 2013, monitoring period; and 30 TAC (b)(2)(B) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, December 31, 2013, monitoring period in which the system exceeded the lead action level and the failure to deliver the public education materials following the lead action level exceedance during the January 1, June 30, 2014, monitoring period; PENALTY: $1,148; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) ; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas , (409) (14) COMPANY: GAFFORD'S CHAPEL WATER SUPPLY CORPO- RATION; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the facility and its equipment; 30 TAC (j), by failing to complete a customer service inspection certificate prior to providing continuous water service to new construction or any existing service when the water purveyor has reason to believe that cross-connections or other potential contamination hazards exist; and 30 TAC (b)(1)(D)(i) and Texas Health and Safety Code, IN ADDITION July 21, TexReg 3667

74 (c), by failing to provide two or more wells having a total capacity of 0.6 gallons per minute per connection; PENALTY: $450; ENFORCEMENT COORDINATOR: James Fisher, (512) ; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas , (903) (15) COMPANY: GURUDWARA SAHIB OF HOUSTON INCOR- PORATED; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (c)(2)(A), (h), and (i)(1), and TCEQ Agreed Order Docket Number PWS-E, Ordering Provision Numbers 2.a.iii and 2.c.ii, by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED); 30 TAC (c)(2)(A) and (f), and TCEQ Agreed Order Docket Number PWS-E, Ordering Provision Number 2.a.i, by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC (c)(2)(A) and (f), and TCEQ Agreed Order Docket Number PWS-E, Ordering Provision Number 2.a.i, by failing to issue public notification and submit a copy of the notification to the ED regarding the failure to conduct routine coliform; 30 TAC (c)(2)(A) and (f), by failing to issue public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report (DLQOR); and 30 TAC (e)(4)(A) and (f)(3), and TCEQ Agreed Order Docket Number PWS-E, Ordering Provision Numbers 2.a.ii and 2.c.i, by failing to submit a DLQOR to the ED each quarter by the tenth day of the month following the end of the quarter; PENALTY: $3,060; ENFORCE- MENT COORDINATOR: Steven Hall, (512) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) (16) COMPANY: ICON Builders LLC; DOCKET NUMBER: WQ-E; IDENTIFIER: RN ; LOCATION: China, Jefferson County; TYPE OF FACILITY: stormwater pollution paerntion plan; RULE VIOLATED: 30 TAC (a)(4), by failing to obtain a Construction General Permit; PENALTY: $875; EN- FORCEMENT COORDINATOR: Cheryl Thompson, ; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas , (409) (17) COMPANY: Intercontinental Terminals Company LLC; DOCKET NUMBER: AIR-E; IDENTIFIER: RN ; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical storage terminal; RULES VIOLATED: 30 TAC (b)(2)(F) and (c) and (4), Federal Operating Permit (FOP) Number O1061, Special Terms and Conditions (STC) Number 14, New Source Review Permit Number 1078, Special Conditions Number 5, and Texas Health and Safety Code (THSC), (b), by failing to prevent unauthorized emissions; and 30 TAC (a)(1)(B) and (4), FOP Number O1061, STC Number 2.F, and THSC, (b), by failing to submit an initial notification within 24 hours of discovery of an emissions event; PENALTY: $3,983; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) (18) COMPANY: Juana Roman; DOCKET NUMBER: WQ-E; IDENTIFIER: RN ; LOCATION: Lubbock, Lynn County; TYPE OF FACILITY: home; RULE VIOLATED: TWC, (a)(1), by failing to prevent the unauthorized discharge of sewage into or adjacent to any water of the state; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Caleb Olson, (512) ; REGIONAL OFFICE: th Street, Suite 100, Lubbock, Texas , (806) (19) COMPANY: Kenedy County; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Kenedy County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (f)(1) and (b)(2)(A) and (f), and Texas Health and Safety Code, (c), by failing to comply with the maximum contaminant level (MCL) of 30 micrograms per liter for combined uranium for the second and third quarters of 2016, based on the running annual average, and failing to provide public notification and submit a copy of the public notification to the executive director regarding the failure to comply with the MCL for combined uranium for the second quarter of 2016; 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 conduct repeat coliform monitoring during the month of June 2015; and 30 TAC (b) and (a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year, and failing to submit to the TCEQ by July 1st each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility, and that the information in the CCR is correct and consistent with compliance monitoring data for the year 2015; PENALTY: $405; ENFORCEMENT CO- ORDINATOR: James Fisher, (512) ; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas , (956) (20) COMPANY: Matthew Thompson; DOCKET NUMBER: WOC-E; IDENTIFIER: RN ; LOCATION: Port Lavaca, Calhoun County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC 30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COOR- DINATOR: Abigail Lindsey, (512) ; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas , (361) (21) COMPANY: Maverick County; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (e)(1)(B) and (b)(2)(A) and (f), and Texas Health and Safety Code (THSC), (c), by failing to achieve a turbidity level of the combined filter effluent (CFE) that is 0.3 nephelometric turbidity units (NTU) or less in at least 95% of the samples tested each month, and failing to timely provide public notification and submit a copy of the public notification to the executive director regarding the non-acute surface water treatment technique violation; 30 TAC (e)(1)(A) and THSC, (c), by failing to achieve a turbidity level of the CFE that is 1.0 NTU or less; and 30 TAC (i)(3)(A) and THSC, (a), by failing to achieve a turbidity level of the CFE that is less than 5.0 NTU; PENALTY: $1,394; ENFORCEMENT COOR- DINATOR: James Fisher, (512) ; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas , (956) (22) COMPANY: MINSA CORPORATION; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Muleshoe, Bailey County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (f)(3)(A) and (b)(2)(B) and (f), and 40 Code of Federal Regulations (CFR) (e)(1), (a), and (c)(2), by failing to submit a recommendation to the executive director (ED) for optimal corrosion control treatment within six months after the end of the January 1, December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification 42 TexReg 3668 July 21, 2017 Texas Register

75 and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 30 TAC (e)(2), (h), and (i)(3) and (c)(2)(A) and (f), and 40 CFR and (a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for two consecutive six-month periods 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 ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, June 30, 2015, monitoring period; 30 TAC (d)(2)(A), (h), and (i)(2) and (c)(2)(A) and (f), and 40 CFR and (b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of 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 ED, and 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 each of the facility's entry points no later than 180 days after the end of the January 1, December 31, 2014, monitoring period; 30 TAC (g)(2)(A), (b)(2)(B) and (f), and 40 CFR and (d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; and 30 TAC (b)(2)(B) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to deliver the public education materials following the lead action level exceedance that occurred during the January 1, December 31, 2014, monitoring period; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) ; REGIONAL OFFICE: th Street, Suite 100, Lubbock, Texas , (806) (23) COMPANY: MOTIVATION, EDUCATION AND TRAINING, INCORPORATED; DOCKET NUMBER: PWS-E; IDEN- TIFIER: RN ; LOCATION: Grangerland, Montgomery County; TYPE OF FACILITY: public water supply; RULES VI- OLATED: 30 TAC (c)(4)(B), by failing to collect a raw groundwater source Escherichia coli sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result on a routine sample during the month of September 2011; 30 TAC (f)(3)(A) and (b)(2)(B) and (f), and 40 Code of Federal Regulations (CFR) (e)(1), (a), and (c)(2), by failing to submit a recommendation to the executive director (ED) for optimal corrosion control treatment within six months after the end of the January 1, December 31, 2014, monitoring period during which the copper action level was exceeded, failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 30 TAC (g)(2)(A) and (b)(2)(B) and (f), and 40 CFR and (d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, December 31, 2014, monitoring period during which the copper action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC (d)(2)(A), (h), and (i)(2) and (c)(2)(A) and (f), and 40 CFR and (b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, December 31, 2014, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED, and 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 each of the facility's entry points no later than 180 days after the end of the January 1, December 31, 2014, monitoring period; 30 TAC (e)(2), (h), and (i)(3) and (c)(2)(A) and (f), and 40 CFR and (a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for two consecutive six-month periods following the January 1, December 31, 2014, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, June 30, 2015, monitoring period; and 30 TAC (a)(6) and TWC, 5.702, by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number for Fiscal Year 2016; PENALTY: $714; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) ; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas , (713) (24) COMPANY: OCI Beaumont LLC; DOCKET NUMBER: AIR-E; IDENTIFIER: RN ; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: methanol and ammonia manufacturing plant; RULES VIOLATED: 30 TAC (3), (c), and (4), Texas Health and Safety Code, (b), Federal Operating Permit Number O1645, Special Terms and Conditions Number 16, and New Source Review Permit Numbers 901, and PSDTX1334, Special Conditions Number 8.A., by failing to comply with the carbon monoxide concentration limit of 100 parts per million by volume, dry at three 3% oxygen over a 24-hour rolling average; PENALTY: $9,525; Supplemental Environmental Project offset amount of $3,810; ENFORCEMENT COORDINATOR: Jessica Schildwachter, (512) ; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas , (409) (25) COMPANY: PANJTAN, INCORPORATED dba Pardners General Store; DOCKET NUMBER: PST-E; IDENTIFIER: RN ; LOCATION: Terrell, Kaufman County; TYPE OF FA- CILITY: convenience store with retail sales of gasoline; RULES VIO- LATED: 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: $6,750; ENFORCEMENT COORDINATOR: Carlos Molina, (512) ; REGIONAL OF- FICE: 2309 Gravel Drive, Fort Worth, Texas , (817) (26) COMPANY: Raymond W. Blair, Jr. dba Last Resort Properties; DOCKET NUMBER: PWS-E; IDENTIFIER: RN ; LOCATION: Lakewood Village, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC (e)(4)(A), by failing to operate the water system under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC (t), by failing to post a legible sign at the facility's production, treatment and storage facilities that contains the name of the facility and an emergency phone number where a responsible official can be contacted; 30 TAC (f)(2) and (3)(A)(i)(III), by failing to properly maintain water works operation and maintenance records and make them available for review to the executive director (ED) during the investigation; 30 TAC (a) and (b), by failing to maintain an up-to-date chemical IN ADDITION July 21, TexReg 3669

76 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; 30 TAC (n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC (d)(1), by failing to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 milligrams per liter using methods approved by the ED; 30 TAC (l), by failing to flush all dead-end mains at monthly intervals or more often as needed if water quality complaints are received from water customers or if disinfectant residuals fall below acceptable levels; and 30 TAC (l)(4) and (5), by failing to meet the conditions for an issued exception; PENALTY: $1,380; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) ; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas , (817) TRD Kathleen C. Decker Director, Litigation Division Texas Commission on Environmental Quality Filed: July 11, 2017 Enforcement Orders An agreed order was adopted regarding City of Santa Rosa, Docket No MWD-E on July 7, 2017,, assessing $61,070 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 Kevin Copeland dba Kevin Copeland Sand & Gravel, Docket No WQ-E on July 7, 2017, assessing $10,813 in administrative penalties with $2,162 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Pilot Travel Centers LLC, Docket No IWD-E on July 7, 2017, assessing $8,100 in administrative penalties with $1,620 deferred. 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 Joe's & Cho, Inc. dba Joes Future Food Mart, Docket No PST-E on July 7, 2017, assessing $70,129 in administrative penalties with $59,500 deferred. 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 Dario V. Guerra, III dba Derby Ing, Docket No PWS-E on July 7, 2017, assessing $4,392 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Meaghan Bailey, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Invista S.a.r.l., Docket No WDW-E on July 7, 2017, assessing $80,837 in administrative penalties with $16,167 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 Young Men's Christian Association of the Greater Houston Area, Docket No MWD-E on July 7, 2017, assessing $13,740 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 A default order was adopted regarding Ski Ride Inc dba A & W Grocery & Deli, Docket No PST-E on July 7, 2017, assessing $6,276 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Paradise, Docket No PWS-E on July 7, 2017, assessing $345 in administrative penalties with $345 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 Mike's Little Supermarket and Deli, LLC dba Luke's Little Supermarket & Deli 2, Docket No PST-E on July 7, 2017, assessing $14,022 in administrative penalties with $2,804 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 Aqua Utilities, Inc., Docket No PWS-E on July 7, 2017, assessing $345 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Harold Joseph Adams, Jr, LLC, Docket No WQ-E on July 7, 2017, assessing $13,375 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 Royal Kirkwood Investments, Inc., Docket No PST-E on July 7, 2017, assessing $14,358 in administrative penalties with $2,871 deferred. 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 Herlis Corporation, Docket No PST-E on July 7, 2017, assessing $12,325 in administrative penalties with $11,125 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A default order was adopted regarding Basin Subaru, LLC, Docket No AIR-E on July 7, 2017, assessing $750 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 TexReg 3670 July 21, 2017 Texas Register

77 An agreed order was adopted regarding Stolthaven Houston, Inc., Docket No IWD-E on July 7, 2017, assessing $80,375 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 Trinity So Gp, L.L.C., Docket No MWD-E on July 7, 2017, assessing $24,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Eco Services Operations Corp., Docket No IHW-E on July 7, 2017, assessing $90,938 in administrative penalties with $18,187 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 Equistar Chemicals, LP, Docket No AIR-E on July 7, 2017, assessing $12,415 in administrative penalties with $2,483 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 The Premcor Refining Group Inc., Docket No AIR-E on July 7, 2017, assessing $20,250 in administrative penalties with $4,050 deferred. Information concerning any aspect of this order may be obtained by contacting Carol Mcgrath, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Rio Grande City, Docket No MWD-E on July 7, 2017, assessing $9,620 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 Pedro Pablo Jurado, Docket No MSW-E on July 7, 2017, assessing $33,750 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 An agreed order was adopted regarding Mdw Enterprises, LLC dba Brookside Grocery, Docket No PST-E on July 7, 2017, assessing $9,105 in administrative penalties with $1,821 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 A default order was adopted regarding John Lancaster, Docket No MSW-E on July 7, 2017, 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 Intercontinental Terminals Company LLC, Docket No IWD-E on July 7, 2017, assessing $18,300 in administrative penalties with $3,660 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Bastrop, Docket No PWS-E on July 7, 2017, assessing $1,350 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 Gardendale Mobile Home Park, LLC, Docket No PWS-E on July 7, 2017, assessing $1,036 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Sun-N-Fun Association, Docket No PWS-E on July 7, 2017, assessing $1,520 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Aquatic Co., Docket No AIR-E on July 7, 2017, assessing $18,238 in administrative penalties with $3,647 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 Tri-County Point Property Owners Association, Docket No PWS-E on July 7, 2017, assessing $507 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Exxon Mobil Corporation, Docket No AIR-E on July 7, 2017, assessing $142,979 in administrative penalties with $28,595 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Lion Elastomers LLC, Docket No AIR-E on July 7, 2017, assessing $8,000 in administrative penalties with $1,600 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 An agreed order was adopted regarding City of Fort Worth, Docket No WQ-E on July 7, 2017, assessing $5,775 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 A default and shutdown order was adopted regarding Michael Ung dba Mikes Food Mart, Docket No PST-E on July 7, 2017, assessing $76,582 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 IN ADDITION July 21, TexReg 3671

78 An agreed order was adopted regarding Blue Ridge Landfill Tx, LP, Docket No AIR-E on July 7, 2017, assessing $43,712 in administrative penalties with $8,742 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 Paddy's One-Stop, Inc., Docket No PST-E on July 7, 2017, assessing $8,250 in administrative penalties with $1,650 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 City of Josephine, Docket No MWD-E on July 7, 2017, assessing $10,875 in administrative penalties with $2,175 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 City of Bardwell, Docket No MWD-E on July 7, 2017, assessing $4,050 in administrative penalties. 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 An agreed order was adopted regarding Olden Water Supply Corporation, Docket No PWS-E on July 7, 2017, assessing $172 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Connel Oil Corp. dba Mr. C Food Store 5, Docket No PST-E on July 7, 2017, assessing $11,625 in administrative penalties with $2,325 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Eastland, Docket No PWS-E on July 7, 2017, assessing $345 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 City of Weatherford, Docket No MWD-E on July 7, 2017, assessing $11,550 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Del Grande Mobile Home Owners' Association, Inc., Docket No PWS-E on July 7, 2017, assessing $1,125 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding City of Snook, Docket No PWS-E on July 7, 2017, assessing $750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Chinquapin Preparatory School, Docket No PWS-E on July 7, 2017, assessing $787 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 City of Big Sandy, Docket No PWS-E on July 7, 2017, assessing $802 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol Mcgrath, Enforcement Coordinator 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 PWS-E on July 7, 2017, assessing $702 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding William W. Burgin dba Silver Hills MH & RV Park and Marilyn R. Burgin dba Silver Hills MH & RV Park, Docket No PWS-E on July 7, 2017, assessing $1,752 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 An agreed order was adopted regarding City of Coleman, Docket No PWS-E on July 7, 2017, assessing $630 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 City of Wellman, Docket No MLM-E on July 11, 2017, assessing $4,900 in administrative penalties with $4,900 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Monarch Utilities I L.P., Docket No PWS-E on July 11, 2017, assessing $345 in administrative penalties with $69 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding South Central Calhoun County Water Control and Improvement District No. 1, Docket No MWD-E on July 11, 2017, assessing $5,500 in administrative penalties with $1,100 deferred. 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 OVERSTREET DAIRY LLC, Docket No AGR-E on July 11, 2017, assessing $4,150 in administrative penalties with $830 deferred. 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 TexReg 3672 July 21, 2017 Texas Register

79 An agreed order was adopted regarding City of Clarksville, Docket No PWS-E on July 11, 2017, assessing $3,764 in administrative penalties with $752 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding US Department of Veterans Affairs, Docket No PWS-E on July 11, 2017, assessing $655 in administrative penalties with $131 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Christian Life Center of Lubbock, Docket No PWS-E on July 11, 2017, assessing $650 in administrative penalties with $130 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Gateway 26 Doors, LLC, Docket No EAQ-E on July 11, 2017, assessing $7,500 in administrative penalties with $1,500 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 An agreed order was adopted regarding Bobby Joe Gonzalez, Docket No WOC-E on July 11, 2017, assessing $2,446 in administrative penalties with $489 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding DOG RIDGE WATER SUP- PLY CORPORATION, Docket No PWS-E on July 11, 2017, assessing $1,260 in administrative penalties with $252 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Donald R. Cole dba Blue Ridge Water System and Susan E. Cole dba Blue Ridge Water System, Docket No PWS-E on July 11, 2017, assessing $740 in administrative penalties with $148 deferred. 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 City of Mabank, Docket No MWD-E on July 11, 2017, assessing $5,137 in administrative penalties with $1,027 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding WADECO SPECIALTIES, LLC dba Select Technologies, Docket No IHW-E on July 11, 2017, assessing $3,097 in administrative penalties with $619 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 Sidney Independent School District, Docket No PWS-E on July 11, 2017, assessing $1,125 in administrative penalties with $225 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Cypress Hills Limited, Docket No MWD-E on July 11, 2017, assessing $5,750 in administrative penalties with $1,150 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 TAN 1 ON, INC., Docket No PWS-E on July 11, 2017, assessing $557 in administrative penalties with $111 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding J-III Concrete Co., Inc., Docket No WQ-E on July 11, 2017, assessing $1,000 in administrative penalties with $200 deferred. 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 E. S. WATER UTILITY CON- SOLIDATORS INC., Docket No PWS-E on July 11, 2017, assessing $187 in administrative penalties with $37 deferred. 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 Jake R. Williams, Docket No LII-E on July 11, 2017, assessing $312 in administrative penalties with $62 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Aegion Coating Services, LLC, Docket No PWS-E on July 11, 2017, assessing $290 in administrative penalties with $58 deferred. 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 An agreed order was adopted regarding EVERETT SQUARE INC., Docket No PWS-E on July 11, 2017, assessing $114 in administrative penalties with $22 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding KISMAT, INC. dba ANV Quick Stop, Docket No PST-E on July 11, 2017, assessing $1,562 in administrative penalties with $312 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding HIGHLAND WATER SUP- PLY CORPORATION, Docket No PWS-E on July 11, 2017, assessing $61 in administrative penalties with $12 deferred. In- IN ADDITION July 21, TexReg 3673

80 formation concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding HCA HEALTH SERVICES OF TEXAS, INC. dba Rio Grande Regional Hospital, Docket No PST-E on July 11, 2017, assessing $5,302 in administrative penalties with $1,060 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Redi-Mix, LLC, Docket No AIR-E on July 11, 2017, assessing $1,875 in administrative penalties with $375 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Permian Resources, LLC, Docket No OSS-E on July 11, 2017, assessing $325 in administrative penalties with $65 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Jack Neely dba Heights Water, Docket No PWS-E on July 11, 2017, assessing $157 in administrative penalties with $31 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding PORT ALTO HOMEOWN- ERS' ASSOCIATION DISTRICT #1, INC., Docket No PWS-E on July 11, 2017, assessing $260 in administrative penalties with $52 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Paul B. Hill dba Cedar Creek Water Supply, Docket No PWS-E on July 11, 2017, assessing $950 in administrative penalties with $190 deferred. 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 KADEN BUILDERS, L.P., Docket No WQ-E on July 11, 2017, assessing $3,412 in administrative penalties with $682 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Orkney Dairy, LLC, Docket No AGR-E on July 11, 2017, assessing $1,213 in administrative penalties with $242 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas An agreed order was adopted regarding Steven Piper dba KING-COT- TLE WATER SUPPLY CORPORATION, Docket No PWS-E on July 11, 2017, assessing $280 in administrative penalties with $56 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A field citation was adopted regarding William D. Avery, Docket No WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A field citation was adopted regarding Gary D. Bundick, Docket No WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A field citation was adopted regarding Robert L. Sutton, Docket No WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas A field citation was adopted regarding Rogelio B. Ibarra, Docket No WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) , Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: July 12, 2017 Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit Proposed Permit Number: APPLICATION AND PRELIMINARY DECISION. K & K Construction, Inc., E FM 1097 Rd., Willis, Texas , has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number , which would authorize construction of a Concrete Crusher located at Farrell Rd., Willis, Montgomery County, Texas This application was submitted to the TCEQ on August 2, The proposed facility will emit the following contaminants: carbon monoxide, nitrogen oxides, organic compounds, particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less 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 Houston regional office, and at the Montgomery County Memorial Library System -- R. F. Meador Branch, 709 West Montgomery St., Willis, Montgomery 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 Houston Regional Office, 5425 Polk St., Ste. H, Houston, Texas. 42 TexReg 3674 July 21, 2017 Texas Register

81 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, August 1, 2017, at 7:00 p.m. Willis Community Center 109 West Mink Street Willis, 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 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 Any personal information you submit to the TCEQ will become part of the agency's record; this includes addresses. 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 K & K Construction, Inc. at the address stated above or by calling Ms. Barbara Bason, Office Manager at (936) Persons with disabilities who need special accommodations at the public meeting should call the Office of the Chief Clerk at (512) or (800) RELAY-TX (TDD) at least one week prior to the meeting. Notice Issuance Date: July 6, 2017 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: July 12, 2017 Notice of District Petition Notice issued June 20, 2017 IN ADDITION July 21, TexReg 3675

82 TCEQ Internal Control No. D ; Varner Creek Utility District of Brazoria County (District) has applied to the Texas Commission on Environmental Quality (TCEQ) for approval to levy a standby fee in the amount of $5.00 per month per equivalent single-family connection for calendar years 2018, 2019, and 2020, on all undeveloped land within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code, Chapter 293; and the procedural rules of the TCEQ. The TCEQ may approve the standby fee as requested, or it may approve a lower standby fee, but it shall not approve a standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his prorated share of the standby fee obligation on transfer of title to the property. On January 1 of each year a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The purpose of standby fees is to distribute a fair portion of the cost burden for operation and maintenance costs of District facilities to owners of the property who have not constructed vertical improvements but have water, wastewater, or drainage facilities or services available. Any revenues collected from the operation and maintenance standby fee shall be used to supplement the District's operation and maintenance account. INFORMATION SECTION To view the complete issued notice, view the notice on our web site at or call the Office of the Chief Clerk at (512) to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) Si desea información en español, puede llamar al (512) General information regarding TCEQ can be found at our web site at Issued in Austin, Texas on July 10, 2017 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: July 12, 2017 Notice of Informational Meeting on Application for an Air Quality Standard Permit for Permanent Rock and Concrete Crushers by East First Recycling LLC Proposed Air Quality Registration Number APPLICATION. East First Recycling LLC, 5956 Sherry Lane, Suite 1810, Dallas, Texas has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration Number , which would authorize construction of a permanent concrete crusher. The facility is proposed to be located at 5317 East 1st Street, Fort Worth, Tarrant 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 April 7, The executive director has determined the application was technically complete on May 16, The executive director shall approve or deny the application not later than 30 days after the end of the public comment period, 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 is 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. The TCEQ will conduct an informational meeting to answer questions and discuss the application. The meeting will be held: Thursday, July 13, 2017, at 6:00 p.m. Nolan Catholic High School 4501 Bridge Street Fort Worth, Texas INFORMATION. For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) General information can be found at our web site at Si desea información en español, puede llamar al (800) Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) or (800) RELAY-TX (TDD) at least one week prior to the meeting. Issued: July 5, 2017 TRD Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: July 12, TexReg 3676 July 21, 2017 Texas Register

83 Notice of Request for Public Comment and Notice of a Public Meeting to Receive Comments on One Draft Total Maximum Daily Load and One Draft Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft Total Maximum Daily Load (TMDL) for Indicator Bacteria and one draft TMDL Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal in Matagorda and Wharton Counties. The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL and draft TMDL Implementation Plan for indicator bacteria in one assessment unit in Segment A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. The TCEQ is also taking public comment on one draft TMDL Implementation Plan for indicator bacteria in Tres Palacios Creek Tidal. The Implementation Plan, developed by regional stakeholders, is a flexible tool that the governmental and non-governmental participants involved in TMDL implementation will use to guide their actions and practices. The commission requests comment on each of the major components of the Implementation Plan, including Management Measures, implementation strategy and tracking, review strategy, and communication strategy. After the public comment period, the TCEQ may revise the draft TMDL and the draft Implementation Plan if appropriate. The final TMDL will then be considered by the commission for adoption and the Implementation Plan for approval. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments received will be made available on the TCEQ's website. The TMDL will then be submitted to the United States Environmental Protection Agency (EPA), Region 6 office for final action by the EPA. Upon approval by the EPA, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan. Upon approval by the commission, the Implementation Plan will be made available on the TCEQ's website. The public comment meeting for the draft TMDL and draft Implementation Plan will be held on Tuesday, August 15, 2017, at 6:00 p.m. at First United Methodist Church, 209 Lucas Avenue, Palacios, Texas in the Weimer Fellowship Hall. At this meeting, individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received. Written comments on the draft TMDL and the draft TMDL Implementation Plan should be submitted to Lauren Oertel, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas or faxed to (512) Comments may be submitted electronically to www1.tceq.texas.gov/rules/ecomments/ by midnight on August 21, 2017, and should reference the One Total Maximum Daily Load and Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal. For further information regarding the draft TMDL and Implementation Plan, please contact Lauren Oertel at (512) or Lauren.Oertel@tceq.texas.gov. Copies of the draft TMDL and draft Implementation Plan will be available and can be obtained via the commission's website at: or by calling (512) Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) Requests should be made as far in advance as possible. TRD Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: July 11, 2017 Notice of Request for Public Comment on One Total Maximum Daily Load for Indicator Bacteria in Jarbo Bayou The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft Total Maximum Daily Load (TMDL) for Indicator Bacteria in Jarbo Bayou in Galveston County. The purpose of this announcement is to provide the public an opportunity to comment on the draft TMDL for indicator bacteria in one assessment unit (AU) in Segment 2425B in Galveston County, and the decision to join the implementation efforts of an approved, adjacent Implementation Plan (I-Plan). A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. The TMDL document was originally approved for proposal on January 20, After the public comment period was complete and prior to the adoption of the TMDL, a new Texas Pollutant Discharge Elimination System permit application was submitted with discharge to the Jarbo Bayou watershed. The application has since been approved and issued. This addition required a significant change in the TMDL calculation, and the document was subsequently revised. Public comments on the revised TMDL are welcome. The Coordination Committee for this project petitioned to join the implementation efforts of the Bacteria Implementation Group (BIG), which has an approved I-Plan in a large area adjacent to Jarbo Bayou. On September 9, 2015, the BIG members voted unanimously to accept the addition of the Jarbo Bayou bacteria TMDL watershed to the area covered by the BIG I-Plan. After the public comment period, the TCEQ may revise the draft TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. The commission will also consider approving the decision to join the existing BIG I-Plan. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments received will be made available on the TCEQ's website. The TMDL will then be submitted to the United States Environmental Protection Agency (EPA) Region 6 office for final action by the EPA. IN ADDITION July 21, TexReg 3677

84 Upon approval by the EPA, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan. Written comments on the draft TMDL and the decision to join the existing BIG I-Plan should be submitted to Lauren Oertel, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas or faxed to (512) Comments may be submitted electronically to by midnight on August 21, 2017, and should reference the One Total Maximum Daily Load for Indicator Bacteria in Jarbo Bayou. For further information regarding the draft TMDL and the decision to join the existing BIG I-Plan, please contact Lauren Oertel at (512) or Copies of the draft TMDL will be available and can be obtained via the commission's website at: or by calling (512) TRD Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed:July 11, 2017 Notice of Water Rights Application Notices issued June 21, 2017, through June 30, 2017 APPLICATION NO A; Enterprise Products Operating LLC, P.O. Box 4324, Houston, Texas 77210, Applicant, seeks to amend Water Use Permit No to add a diversion point on the Houston Ship Channel (Barbours Cut Turning Basin), San Jacinto River Basin for industrial purposes in Harris County and to increase the maximum combined diversion rate. The application and partial fees were received on May 23, Additional information and fees were received on September 15 and September 19, The application was declared administratively complete and filed with the Office of the Chief Clerk on October 14, The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions, including, but not limited to, installing a measuring device at the new diversion point. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, Park 35 Circle, Bldg. F., Austin, Texas Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. APPLICATION NO ; WGG Properties LLC, Applicant, 250 Circle Club Lane, Longview, Texas 75602, seeks a temporary water use permit to divert and use not to exceed 135 acre-feet of water within a period of three years from a point on Alligator Slough, Sabine River Basin for mining purposes in Harrison County. The application and partial fees were received on May 17, Additional information and fees were received on September 23, November 1, December 2, and December 9, The application was declared administratively complete and filed with the Office of the Chief Clerk on January 11, The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions and installing a measuring device for diversions. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, Park 35 Circle, Bldg. F., Austin, Texas Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by July 17, APPLICATION NO ; Hendricks-Madrona Springs Ranch, Ltd., 420 Beekman Creek Rd., Pipe Creek, Texas 78063, Applicant, seeks a temporary water use permit to divert and use not to exceed 12 acre-feet of water over a two-year period from Madrona Creek, San Antonio River Basin, at a maximum diversion rate of cfs (25 gpm) for agricultural purposes to irrigate land in Bandera County. The application and fees were received on March 10, Additional information and fees were received on September 27, The application was declared administratively complete and filed with the Office of the Chief Clerk on October 11, The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions and installing a measuring device for diversions. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, Park 35 Circle, Bldg. F., Austin, Texas Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by July 17, APPLICATION NO C; Jefferson Bank, Custodian of the Edmund McLeod Longcope IRA, 1777 NE Loop 410 STE 101, San Antonio, Texas 78217, Applicant, seeks an amendment to Certificate of Adjudication No to add a diversion reach on the San Marcos River, Guadalupe River Basin, to delete a diversion point, to add mining and recreational use, to clarify the place of use, and to authorize exempt interbasin transfers. The application and fees were received on November 4, 2013, June 10, July 8, July 11, August 8, August 12, September 26, September 30, and December 9, 2014; July 23, July 24 and July 30, 2015; and April 21, and April 22, The application was declared administratively complete and accepted for filing on October 14, The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, maintaining a measuring device. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, Park 35 Circle, Bldg. F, Austin, Texas Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by July 14, To view the complete issued notice, view the notice on our web site at or call the Office of the Chief Clerk at (512) to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement (I/we) request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below. 42 TexReg 3678 July 21, 2017 Texas Register

85 If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) General information regarding 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: July 12, 2017 Texas Health and Human Services Commission Notice of Cancellation of Rate Hearing The following rate hearing scheduled for August 2, 2017, has been cancelled. The original notice listed below was published in the July 7, 2017, issue of the Texas Register (42 TexReg Page 3514). Notice of Public Hearing on Proposed Medicaid Payment Rates for Anesthesia Services The Texas Health and Human Services Commission (HHSC) published that it will conduct a public hearing on August 2, 2017, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Anesthesia Services. The public hearing on August 2, 2017, is now cancelled. TRD Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 11, 2017 Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review. The public hearing will be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code , which requires public notice of and hearings on proposed Medicaid reimbursements. Proposal. The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective July 1, 2017, and October 1, 2017, for the following services: Blood Products; Ears, Nose, and Throat; Radiation Oncology; Nuclear Medicine; Physician Administered - Drugs Non-Oncology; Physician Administered - Oncology; Substance Use Disorder Services; Dental Services; Ambulance Services; Hospital Outpatient Imaging (Nuclear Medicine); and Rural Hospital Outpatient Imaging (Nuclear Medicine). Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code: , which addresses the reimbursement methodology for home health services and durable medical equipment, prosthetics, orthotics, and supplies; , which addresses outpatient hospital reimbursement; , which addresses the reimbursement methodology for physicians and other practitioners; , which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps); and , which addresses the reimbursement methodology for ambulance services. Briefing Package. A briefing package describing the proposed payments rates will be available at on or after July 25, Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) ; by fax at (512) ; or by at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing. Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box , Austin, Texas ; by fax to Rate Analysis at (512) ; or by to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) at least 72 hours in advance, so appropriate arrangements can be made. TRD Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 12, 2017 IN ADDITION July 21, TexReg 3679

86 Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Family Planning Services (J7301 and J7307) Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the Medical Policy Review of Family Planning Services (J7301 and J7307). The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code , which requires public notice of and hearings on proposed Medicaid reimbursements. Proposal. The payment rates for the Medical Policy Review of Family Planning Services (J7301 and J7307) are proposed to be effective October 1, Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code: , which addresses the reimbursement methodology for physicians and other practitioners; and , which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps) , which addresses the reimbursement methodology for Family Planning Services; and , which addresses the reimbursement methodology for the Women's Health Program. Briefing Package. A briefing package describing the proposed payments rates will be available at on or after July 25, Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) ; by fax at (512) ; or by at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing. Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. Mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box , Austin, Texas ; by fax to Rate Analysis at (512) ; or by to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) at least 72 hours in advance, so appropriate arrangements can be made. TRD Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 11, 2017 Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Magnetoencephalography Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Magnetoencephalography. The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code , which requires public notice of and hearings on proposed Medicaid reimbursements. Proposal. The payment rates for the Medical Policy Review of Magnetoencephalography are proposed to be effective October 1, Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code: , which addresses the reimbursement methodology for physicians and other practitioners; and , which addresses the reimbursement methodology for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps). Briefing Package. A briefing package describing the proposed payments rates will be available at on or after July 25, Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) ; by fax at (512) ; or by at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing. Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. Mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box , Austin, Texas ; by fax to Rate Analysis at (512) ; or by to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) at least 72 hours in advance, so appropriate arrangements can be made. TRD TexReg 3680 July 21, 2017 Texas Register

87 Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 11, 2017 Notice of Public Hearing on Proposed Medicaid Payment Rates for the Quarterly Healthcare Common Procedure Coding System Updates Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates. The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code , which requires public notice of and hearings on proposed Medicaid reimbursements. Proposal. The payment rates for the Quarterly HCPCS review of procedure codes C9484, C9485, J7182, Q5102, and G0498 are proposed to be effective October 1, Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code: , which addresses the reimbursement methodology for physicians and other practitioners; and , which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps). Briefing Package. A briefing package describing the proposed payments will be available at on or after July 25, Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) ; by fax at (512) ; or by at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing. Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. Mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box , Austin, Texas ; by fax to Rate Analysis at (512) ; or by to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) at least 72 hours in advance, so appropriate arrangements can be made. TRD Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 11, 2017 Notice of Public Hearing on the Proposed Medicaid Payment Rate for the Medical Policy Review of Clinical Laboratory Services (G Human Immunodeficiency Virus (HIV) Testing) Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rate for the Medical Policy Review of Clinical Laboratory Services (G HIV Testing). The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will also broadcast the public hearing; the broadcast can be accessed at The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code , which requires public notice of and hearings on proposed Medicaid reimbursements. Proposal. The payment rate for the Medical Policy Review of Clinical Laboratory Services (G HIV Testing) is proposed to be effective July 1, Methodology and Justification. The proposed payment rate was calculated in accordance with Title 1 of the Texas Administrative Code , which addresses the reimbursement methodology for clinical laboratory services. Briefing Package. A briefing package describing the proposed payment rate will be available at on or after July 25, Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) ; by fax at (512) ; or by at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing. Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box , Austin, Texas ; by fax to Rate Analysis at (512) ; or by to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Boulevard, Austin, Texas Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) at least 72 hours in advance, so appropriate arrangements can be made. TRD Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 11, 2017 IN ADDITION July 21, TexReg 3681

88 Public Notice: State Plan Amendment to Temporary Assistance for Needy Families (TANF) Work Requirement The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The purpose of this amendment is to correct the Medicaid State Plan to reflect the state option to terminate Medicaid coverage for certain individuals who fail to meet the work requirements under Title IV-A of the Social Security Act. Specifically, 1931(b)(3)(A) of the Act gives states the option to terminate medical assistance (except for certain pregnant women and children) for individuals who fail to meet the TANF work requirements. This option was removed from the Medicaid State Plan in error. HHSC has continued to apply this policy option. The proposed amendment is effective August 1, 2017, and is estimated to have no fiscal impact. Please contact Doneshia Ates, State Plan Policy Advisor, to provide feedback or obtain copies of the proposed amendment by phone at (512) ; by at by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; or by facsimile at (512) Copies of the proposal will also be made available for public review at the local offices of the Health and Human Services. TRD Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: July 6, 2017 Texas Department of Housing and Community Affairs Notice of Public Comment Period on the Draft 2017 National Housing Trust Fund Allocation Plan The Texas Department of Housing and Community Affairs ("TD- HCA") compiled the Draft 2017 National Housing Trust Fund ("NHTF") Allocation Plan in accordance with 24 CFR (k)(5) as a result of the State receiving notification from the U.S. Department of Housing and Urban Development ("HUD") of the 2017 annual allocation amount for NHTF. The Draft 2017 NHTF Allocation Plan reflects the intended uses of NHTF funds received by the State of Texas from HUD for Program Year 2017, which begins on February 1, 2017, and ends on January 31, The Draft 2017 NHTF Allocation Plan also illustrate the State's strategies in addressing the priority needs and specific goals and objectives for the NHTF as identified in the State of Texas Consolidated Plan and the 2017 State of Texas One Year Action Plan. The Draft 2017 NHTF Allocation Plan may be accessed from TD- HCA's Public Comment webpage at: The public comment period will be open from June 30, 2017, through July 14, Anyone may submit comments regarding specific changes to this plan in written form. Written comments concerning the plan may be submitted by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas , by to info@tdhca.state.tx.us, or by fax to (512) Comments must be received no later than July 14, 2017, at 6:00 p.m. Austin local time. TRD Timothy K. Irvine Executive Director Texas Department of Housing and Community Affairs Filed: July 5, 2017 "Third Amendment to Multifamily Direct Loan" Notice of Funding Availability I. Sources of Multifamily Direct Loan Funds. Multifamily Direct Loan funds are made available through program income generated from prior year HOME allocations, de-obligated funds from prior year HOME allocations, the 2015 and 2016 Grant Year HOME allocations, the 2016 National Housing Trust Fund ("NHTF") allocation, program income generated from the initial Neighborhood Stabilization Program allocation ("NSP1 PI"), and loan repayments from the Tax Credit Assistance Program ("TCAP Repayment funds" or "TCAP RF"). The Department may amend this NOFA or the Department may release a new NOFA upon receiving its 2017 HOME or 2017 NHTF allocation from HUD or additional TCAP loan repayments. These funds have been programmed for multifamily activities including acquisition and/or refinance of affordable housing involving new construction or rehabilitation. II. Notice of Funding Availability (NOFA). The Texas Department of Housing and Community Affairs (the "Department") announces the availability of up to $46,159,669 in Multifamily Direct Loan funding for the development of affordable multifamily rental housing for low-income Texans. Of that amount, at least $4,723,589 will be available for eligible Community Housing Development Organizations ("CHDO") meeting the requirements of the definition of Community Housing Development Organization found in 24 CFR 92.2 and the requirements of this NOFA; up to $4,000,000 in TCAP RF and $4,310,529 will be available for applications proposing Supportive Housing in accordance with 10 TAC 10.3(a) of the 2017 Uniform Multifamily Rules or applications that commit to setting aside units for extremely low income households as required by 10 TAC 13.4(a)(1)(A)(ii); the remaining funds will be available under the General Set-Aside for applications that do not meet the requirements above. The Multifamily Direct Loan program provides loans to for-profit and nonprofit entities to develop affordable housing for low-income Texans qualified as earning 80 percent or less of the applicable Area Median Family Income. All funds within the CHDO and General Set-Asides, as well as $4,000,000 in TCAP RF under the Supportive Housing/ Soft Repayment, are currently available on a statewide basis within each set-aside until October 31, $4,310,529 in NHTF under the Supportive Housing/ Soft Repayment Set-Aside is subject to the attached Regional Allocation Formula through August 14, 2017, and then available statewide through October 31, III. Application Deadline and Availability. Based on the availability of funds, Applications may be accepted until 5 p.m. Austin local time on October 31, The " Multifamily Direct Loan" NOFA is posted on the Department's website: Subscribers to the Department's LISTSERV will receive notification that the Third Amendment to the NOFA is posted. 42 TexReg 3682 July 21, 2017 Texas Register

89 Questions regarding the Multifamily Direct Loan NOFA may be addressed to Andrew Sinnott at (512) or IN ADDITION July 21, TexReg 3683

90 42 TexReg 3684 July 21, 2017 Texas Register

91 TRD Timothy K. Irvine Executive Director Texas Department of Housing and Community Affairs Filed: July 5, 2017 Texas Lottery Commission Scratch Ticket Game Number 1855 "Cowboys" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No is "COWBOYS". 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. 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: $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, $5,000, $100,000, 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, FOOTBALL SYMBOL and TD SYMBOL. 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 July 21, TexReg 3685

92 42 TexReg 3686 July 21, 2017 Texas Register

93 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 (1855), 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 "COWBOYS" Scratch Ticket Game contains 075 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 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 Game Ticket, Scratch Ticket or Ticket - A Texas Lottery "COWBOYS" 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 "COWBOYS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "FOOTBALL" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "TD" Play Symbol, the player WINS IN ADDITION July 21, TexReg 3687

94 ALL 20 PRIZES INSTANTLY! 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. A Ticket can win up to twenty (20) times. D. On winning and Non-Winning Tickets, the top cash prizes of $1,000, $5,000 and $100,000 will each appear at least once, except on Tickets winning fifteen (15) times or more. 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. Tickets winning more than one (1) time will use as many WIN- NING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure. H. No matching WINNING NUMBERS Play Symbols will appear on a Ticket. I. The "TD" (WINALL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol. J. The "TD" (WINALL) Play Symbol will instantly win all twenty (20) prizes and will win only as per the prize structure. K. The "TD" (WINALL) Play Symbol will never appear more than once on a Ticket. L. The "TD" (WINALL) Play Symbol will never appear on a Non- Winning Ticket. M. On Tickets winning with the "TD" (WINALL) Play Symbol, no YOUR NUMBERS Play Symbols will match any of the WINNING NUMBERS Play Symbols. N. The "FOOTBALL" (WIN) Play Symbol will never appear as a WIN- NING NUMBERS Play Symbol. O. The "FOOTBALL" (WIN) Play Symbol will instantly win the prize amount directly below the "FOOTBALL" (WIN) Play Symbol on a Ticket. P. The "FOOTBALL" (WIN) Play Symbol will never appear more than once on a Ticket. 42 TexReg 3688 July 21, 2017 Texas Register

95 Q. The "FOOTBALL" (WIN) Play Symbol will never appear on a Non- Winning Ticket. R. The "TD" (WINALL) Play Symbol and the "FOOTBALL" (WIN) Play Symbol will never appear on the same Ticket. S. On Tickets winning with the "FOOTBALL" (WIN) Play Symbol, no YOUR NUMBERS Play Symbols will match any of the WINNING NUMBERS Play Symbols. T. 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). U. 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. V. On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol. 2.3 Procedure for Claiming Prizes. A. To claim a "COWBOYS" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 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 "COWBOYS" Scratch Ticket Game prize of $1,000, $5,000 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 "COWBOYS" 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. F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate. 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 "COWBOYS" 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 "COWBOYS" 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. 2.9 Promotional Second-Chance Drawings. Any Non-Winning "COW- BOYS" Scratch Ticket may be entered into one of five promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements. 3.0 Scratch Ticket Ownership. A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the IN ADDITION July 21, TexReg 3689

96 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 Prizes. There will be approximately 9,720,000 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. 1855, 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: July 11, 2017 Scratch Ticket Game Number 1856 "Houston Texans" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No is "HOUSTON TEX- ANS". The play style is "key number match". 1.1 Price of Scratch Ticket Game. A. The price 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. 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, FOOTBALL SYMBOL, GOALPOST SYMBOL, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $500, $5,000 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: 42 TexReg 3690 July 21, 2017 Texas Register

97 IN ADDITION July 21, TexReg 3691

98 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-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1856), 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 "HOUSTON TEXANS" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075. 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 "HOUSTON TEXANS" 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 "HOUSTON TEXANS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUM- BERS Play Symbols, the player wins the prize for that number. If a player reveals a "FOOTBALL" Play Symbol, the player wins the prize for that symbol instantly. If a player reveals a "GOALPOST" Play Symbol, the player wins 5 TIMES 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; 42 TexReg 3692 July 21, 2017 Texas Register

99 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 in a Pack will not have matching play data, spot for spot. B. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure. C. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 5 and $5). D. No matching non-winning YOUR NUMBERS Play Symbols on a Ticket. E. No matching WINNING NUMBERS Play Symbols on a Ticket. F. A non-winning Prize Symbol will never match a winning Prize Symbol. G. A Ticket may have up to five (5) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure. H. The "FOOTBALL" (WIN) Play Symbol will never appear more than once on a winning Ticket. I. The "GOALPOST" (WINX5) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure. 2.3 Procedure for Claiming Prizes. A. To claim a "HOUSTON TEXANS" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $25.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures. B. To claim a "HOUSTON TEXANS" Scratch Ticket Game prize of $5,000 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 "HOUSTON TEXANS" 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. IN ADDITION July 21, TexReg 3693

100 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. F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate. 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 "HOUSTON TEXANS" 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 "HOUSTON TEXANS" 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. 2.9 Promotional Second-Chance Drawings. Any Non-Winning "HOUSTON TEXANS" Scratch Ticket may be entered into one of five promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements. 3.0 Scratch Ticket Ownership. A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the 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 5,520,000 Scratch Tickets in Scratch Ticket Game No The approximate number and value of prizes in the game are as follows: 42 TexReg 3694 July 21, 2017 Texas Register

101 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. 1856, 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: July 11, 2017 North Central Texas Council of Governments Request for Proposals for the Dallas Water Gardens The North Central Texas Council of Governments (NCTCOG) is requesting consultant assistance for the Dallas Water Gardens project. This project will develop a preliminary design for wetlands and wetland treatments in the Old Trinity River Channel to the west and south of downtown Dallas that are compatible with City of Dallas Trinity Watershed flood management plan. Proposals must be received no later than 5:00 p.m., on Friday, August 25, 2017, and should be addressed to Sandy Wesch, P.E., AICP; Project Engineer; North Central Texas Council of Governments; 616 Six Flags Drive; Arlington, Texas Copies of the Request for Proposals will be available at by the close of business on Friday, July 21, NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability. TRD R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: July 12, 2017 Public Utility Commission of Texas Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority The Public Utility Commission of Texas (commission) received an application on July 7, 2017, to amend a state-issued certificate of franchise authority, under Public Utility Regulatory Act Project Title and Number: Application of Cequel III Communications I, LLC d/b/a Suddenlink Communications for Amendment to its State- Issued Certificate of Franchise Authority, Project Number The requested amendment is to expand the service area footprint to include the city limits of Houston, 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 IN ADDITION July 21, TexReg 3695

102 speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing All inquiries should reference Project Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: July 10, 2017 Announcement of Application for State-Issued Certificate of Franchise Authority The Public Utility Commission of Texas (commission) received an application on July 5, 2017, for a state-issued certificate of franchise authority (SICFA), under Public Utility Regulatory Act Project Title and Number: Application of Harris Broadband LP for a State-Issued Certificate of Franchise Authority, Project Number Harris Broadband LP seeks approval of a state-issued certificate of franchise authority to be a cable service provider in a service area consisting of the City of Early, and 3/4 mile north, east, and south of the city. 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 Project Number TRD Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: July 6, 2017 Notice of Application for Amendment to Certificated Service Area Boundary Notice is given to the public of an application filed on July 10, 2017, with the Public Utility Commission of Texas (commission) for an amendment to a certificated service area boundary in Colorado County. Docket Style and Number: Application of Colorado Valley Telephone Cooperative, Inc. (CVTC) to Amend a Certificate of Convenience and Necessity for a Minor Service Area Boundary Change in Colorado County. Docket Number The Application: The minor boundary amendment is being filed to realign the boundary between CVTC's Borden exchange and a small area contiguous to its current certificated service area. Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by July 28, 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: July 12, 2017 Notice of Application for Approval of Collection Service Agreements Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for approval of collection service agreements. Docket Style and Number: Application of Liberty Utilities Corp. (Woodmark Sewer), Liberty Utilities Corp. (Tall Timbers Sewer) and Southern Utilities Company for Approval of Collection Services Agreements, Docket Number The Application: Liberty Utilities Corp. (Woodmark Sewer), Liberty Utilities Corp. (Tall Timbers Sewer) and Southern Utilities Company seek commission approval of two collection service agreements that would authorize Southern to perform service disconnections for common customers at the request of the affected Liberty utility when such customer does not pay their sewer bill to Liberty according to the approved tariff. The parties seek to ensure a current collection services agreement exists between Southern and each of the Liberty utilities, and to update and revise the terms and conditions in the agreement. Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) A deadline for intervention in this proceeding will be established. 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: July 6, 2017 Notice of Application to Amend a Service Provider Certificate of Operating Authority On June 28, 2017, GC Pivotal, LLC and GTT Americas, LLC filed a joint application with the Public Utility Commission of Texas to amend service provider certificate of operating authority No , to reflect a change in ownership and control. Docket Style and Number: Application of GC Pivotal, LLC and GTT Americas, LLC for an Amendment to Service Provider Certificate of Operating Authority, Docket Number Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, , or by phone at (512) or toll free at (888) no later than July 28, Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing All comments should reference Docket Number TRD TexReg 3696 July 21, 2017 Texas Register

103 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: July 5, 2017 Notice of Application to Amend Water Certificates of Convenience and Necessity Notice is given to the public of a consolidated application filed with the Public Utility Commission of Texas (commission) to amend water certificates of convenience and necessity (CCN) in Ellis County. Docket Style and Number: Application of Sardis-Lone Elm and City of Midlothian for Approval of Service Area Agreements Under Texas Water Code and to Amend Certificates of Convenience and Necessity in Ellis County, Docket Number The Application: Sardis-Lone Elm Water Supply Corporation and City of Midlothian filed applications to amend Sardis-Lone Elm Water Supply Corporation's water CCNs in Ellis County. Specifically, applicants seek approval to transfer a total of four separate areas, comprising approximately acres. Two areas held under Sardis Lone Elm water CCN No are proposed for transfer to Midlothian and two areas held under Midlothian water CCN No are proposed for transfer to Sardis-Lone Elm. The affected areas to be transferred include the Varas Addition, Shady Valley Estates, and Spring Creek Estates Phase II subdivisions, other undeveloped and un-platted areas, and have no current customers. Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) The deadline to intervene in this proceeding is August 21, 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: July 6, 2017 Notice of Intent to Serve Decertified Area Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on July 5, 2017, Crystal Springs Water Company, Inc.'s notice of intent to serve decertified area. Docket Style And Number: Crystal Springs Water Company, Inc.'s Notice of Intent to Provide Water and Sewer Service to Area Decertified from the City of Splendora in Montgomery County, Docket Number The Application: Under Texas Water Code (e) and 16 Texas Administrative Code (o)(2), Crystal Springs Water Company, Inc. filed a notice of intent to provide water and sewer service to an area decertified from the City of Splendora's water certificate of convenience and necessity No in Montgomery County. 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) A deadline for intervention in this proceeding will be established. 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: July 10, 2017 Notice of Petition to Cancel Water Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas a petition to cancel a water certificate of convenience and necessity (CCN) in Travis, County. Docket Style and Number: Petition of Plan Z, LLC to Cancel a Certificate of Convenience and Necessity in Travis County, Docket Number The Petition: Plan Z, LLC filed a petition to cancel its water CCN No in Travis County. Plan Z stated that it has never provided water or sewer services to any resident. Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas , or by phone at (512) or toll-free at (888) A deadline for intervention in this proceeding will be established. 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: July 11, 2017 Supreme Court of Texas In the Supreme Court of Texas Misc. Docket No FINAL ORDER ADOPTING AMENDMENTS TO TEXAS RULE OF APPELLATE PROCEDURE 33.1 ORDERED that: The Supreme Court of Texas (Misc. Docket No ) and the Court of Criminal Appeals (Misc. Docket No ) previously approved amendments to Rule of Appellate Procedure 33.1 and invited public comment. The comment period has expired, and no additional changes have been made to the rule. This order contains the final version of the amended rule, effective July 1, The Clerk is directed to: a. file a copy of this order with the Secretary of State; b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; c. send a copy of this order to each elected member of the Legislature; and d. submit a copy of the order for publication in the Texas Register. IN ADDITION July 21, TexReg 3697

104 Dated: June 30, Nathan L. Hecht, Chief Justice Paul W. Green, Justice Phil Johnson, Justice Don R. Willett, Justice Eva M. Guzman, Justice Debra H. Lehrmann, Justice Jeffrey S. Boyd, Justice John P. Devine, Justice Jeffrey V. Brown, Justice Preservation; How Shown (a) In General. As a prerequisite to presenting a complaint for appellate review, the record must show that: (1) the complaint was made to the trial court by a timely request, objection, or motion that: (A) stated the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context; and (B) complied with the requirements of the Texas Rules of Evidence or the Texas Rules of Civil or Appellate Procedure; and... (d) Sufficiency of Evidence Complaints in Civil Nonjury Cases. In a civil nonjury case, a complaint regarding the legal or factual insufficiency of the evidence - including a complaint that the damages found by the court are excessive or inadequate, as distinguished from a complaint that the trial court erred in refusing to amend a fact finding or to make an additional finding of fact - may be made for the first time on appeal in the complaining party's brief. Comment to 2017 change: The 2017 amendment is intended only to clarify, and not to change, existing law. TRD Martha Newton Rules Attorney Supreme Court of Texas Filed: July 10, 2017 Texas Department of Transportation Aviation Division - Request for Qualifications for Professional Services The City of Huntsville, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a qualified firm for professional services. This solicitation is subject to 49 U.S.C (a)(17) and will be administered in the same manner as a solicitation conducted under Chapter 2254, Subchapter A, of the Texas Government Code. TxDOT Aviation Division will solicit and receive qualification statements for professional services as described below: Airport Sponsor: City of Huntsville, TxDOT CSJ No. 17MPHUNTS. The TxDOT Project Manager is Robert Jackson. Current Scope: Prepare an Airport Master Plan, in accordance with FAA Advisory Circular 150/5070-6B, which includes, but is not limited to, information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to development, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Master Plan should be tailored to the individual needs of the airport. The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE). The DBE goal is set at 0%. AVN-551 Preparation Instructions: Interested firms shall utilize the latest version of Form AVN-551, titled "Qualifications for Aviation Planning Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas , phone number, (800) 68-PILOT (74568). The form may be ed by request or downloaded from the TxDOT website at The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-551 template. The AVN-551 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-551. If a prime provider submits more than one AVN-551, or submits a cover letter with the AVN-551, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN- 551, firms are encouraged to download Form AVN-551 from the Tx- DOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is a PDF Template. The completed Form AVN-551 must be received in the TxDOT Aviation egrants system no later than August 23, 2017, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by or regular/overnight mail will not be accepted. Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation egrants system no later than one business day before the solicitation due date. To request access to egrants, please complete the Contact Us web form located at 42 TexReg 3698 July 21, 2017 Texas Register

105 Instructions on how to respond to a solicitation in egrants are available at Step by step instructions on how to respond to a solicitation in egrants will also be posted in the RFQ packet at The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-551s. The committee will review all AVN-551s and rate and rank each. The evaluation criteria for airport planning projects can be found at under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews. Please contact TxDOT Aviation for any technical or procedural questions at (800) 68-PILOT (74568). For procedural questions, contact Beverly Longfellow. For technical questions contact Robert Jackson, Project Manager. For questions regarding responding to this solicitation in egrants, please contact the TxDOT Aviation help desk at (800) or avn-egrantshelp@txdot.gov. TRD Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: July 7, 2017 Aviation Division - Request for Qualifications for Professional Services The City of New Braunfels, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a qualified firm for professional services. This solicitation is subject to 49 U.S.C (a)(17) and will be administered in the same manner as a solicitation conducted under Chapter 2254, Subchapter A, of the Texas Government Code. TxDOT Aviation Division will solicit and receive qualification statements for professional services as described below: Airport Sponsor: City of New Braunfels, New Braunfels Regional Airport, TxDOT CSJ No. 17MPNEWBR. The TxDOT Project Manager is Ben Breck. Scope: Prepare an Airport Master Plan Update, which includes, but is not limited to, information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to development, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Master Plan Update should be tailored to the individual needs of the airport. The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE). The DBE goal is 0%. AVN-551 Preparation Instructions: Interested firms shall utilize the latest version of Form AVN-551, titled "Qualifications for Aviation Planning Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas , phone number, PILOT (74568). The form may be ed by request or downloaded from the TxDOT website at The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-551 template. The AVN-551 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-551. If a prime provider submits more than one AVN-551, or submits a cover letter with the AVN-551, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN- 551, firms are encouraged to download Form AVN-551 from the Tx- DOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is a PDF Template. The completed Form AVN-551 must be received in the TxDOT Aviation egrants system no later than August 30, 2017, 11:59 PM. (CDST). Electronic facsimiles or forms sent by or regular/overnight mail will not be accepted. Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation egrants system no later than one business day before the solicitation due date. To request access to egrants, please complete the Contact Us web form located at Instructions on how to respond to a solicitation in egrants are available at Step by step instructions on how to respond to a solicitation in egrants will also be posted in the RFQ packet at The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-551s. The committee will review all AVN-551s and rate and rank each. The evaluation criteria for airport planning projects can be found at under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews. Please contact TxDOT Aviation for any technical or procedural questions at PILOT (74568). For procedural questions, please contact Beverly Longfellow, Grant Manager. For technical questions please contact Ben Breck, Project Manager. For questions regarding responding to this solicitation in egrants, please contact the TxDOT Aviation help desk at or avn-egrantshelp@txdot.gov TRD IN ADDITION July 21, TexReg 3699

106 Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: July 11, 2017 Public Hearing Notice - Unified Transportation Program The Texas Department of Transportation (department) will hold a public hearing on Tuesday, August 8, 2017, at 10:00 a.m. at 118 East Riverside Drive, First Floor ENV Conference Room, in Austin, Texas, to receive public comments on the development of the 2018 Unified Transportation Program (UTP), including the highway project selection process related to the UTP. Transportation Code, provides that the department shall develop a UTP covering a period of 10 years to guide the development and authorize construction of transportation projects. Transportation Code, requires the Texas Transportation Commission (commission) to annually conduct a hearing on its highway project selection process and the relative importance of the various criteria on which the commission bases its project selection decisions. The commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to the project selection process and the development of the UTP. Information regarding the proposed 2018 UTP and highway project selection process will be available at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) , and on the department's website at: Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division, at (512) not later than Monday, August 7, 2017, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division, at 118 East Riverside Drive Austin, Texas , (512) Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs. Interested parties who are unable to attend the hearing may submit comments regarding the proposed 2018 UTP to Peter Smith, Director of the Transportation Planning and Programming Division, P.O. Box , Austin, Texas Interested parties may also submit comments regarding the proposed 2018 UTP by phone at (800) In order to be considered, all comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, August 21, TRD Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: July 7, TexReg 3700 July 21, 2017 Texas Register

107 How to Use the Texas Register Information Available: The sections of the Texas Register represent various facets of state government. Documents contained within them include: Governor - Appointments, executive orders, and proclamations. Attorney General - summaries of requests for opinions, opinions, and open records decisions. Texas Ethics Commission - summaries of requests for opinions and opinions. Emergency Rules - sections adopted by state agencies on an emergency basis. Proposed Rules - sections proposed for adoption. Withdrawn Rules - sections withdrawn by state agencies from consideration for adoption, or automatically withdrawn by the Texas Register six months after the proposal publication date. Adopted Rules - sections adopted following public comment period. Texas Department of Insurance Exempt Filings - notices of actions taken by the Texas Department of Insurance pursuant to Chapter 5, Subchapter L of the Insurance Code. Review of Agency Rules - notices of state agency rules review. Tables and Graphics - graphic material from the proposed, emergency and adopted sections. Transferred Rules - notice that the Legislature has transferred rules within the Texas Administrative Code from one state agency to another, or directed the Secretary of State to remove the rules of an abolished agency. In Addition - miscellaneous information required to be published by statute or provided as a public service. Specific explanation on the contents of each section can be found on the beginning page of the section. The division also publishes cumulative quarterly and annual indexes to aid in researching material published. How to Cite: Material published in the Texas Register is referenced by citing the volume in which the document appears, the words TexReg and the beginning page number on which that document was published. For example, a document published on page 2402 of Volume 40 (2015) is cited as follows: 40 TexReg In order that readers may cite material more easily, page numbers are now written as citations. Example: on page 2 in the lower-left hand corner of the page, would be written 40 TexReg 2 issue date, while on the opposite page, page 3, in the lower right-hand corner, would be written issue date 40 TexReg 3. How to Research: The public is invited to research rules and information of interest between 8 a.m. and 5 p.m. weekdays at the Texas Register office, James Earl Rudder Building, 1019 Brazos, Austin. Material can be found using Texas Register indexes, the Texas Administrative Code section numbers, or TRD number. Both the Texas Register and the Texas Administrative Code are available online at: 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)

108 SALES AND CUSTOMER SUPPORT Sales - To purchase subscriptions or back issues, you may contact LexisNexis Sales at from 7am to 7pm, Central Time, Monday through Friday. Subscription cost is $438 annually for first-class mail delivery and $297 annually for second-class mail delivery. Customer Support - For questions concerning your subscription or account information, you may contact LexisNexis Matthew Bender Customer Support from 7am to 7pm, Central Time, Monday through Friday. Phone: (800) Fax: (518) customer.support@lexisnexis.com Website: