Volume 41 Number 27 July 7, 2017 Pages 3447 - 3528

2018 Publication Schedule Inside

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Secretary of State - Rolando B. Pablos

Director - Robert Sumners

Staff
a section of the Leti Benavides
Office of the Secretary of State Belinda Kirk
P.O. Box 12887 Deana Lackey
Austin, TX 78711 Jill S. Ledbetter
(512) 463-5561 Cecilia Mena
FAX (512) 463-5569 Joy L. Morgan
Breanna Mutschler
http://www.sos.state.tx.us Barbara Strickland
register@sos.texas.gov Tami Washburn
ATTORNEY GENERAL 22 TAC 203.24.............................................................................3485

Requests for Opinions....................................................................3451

TEXAS BOARD OF NURSING
TEXAS ETHICS COMMISSION PRACTICE AND PROCEDURE

Advisory Opinion Request.............................................................3453

22 TAC 213.34.............................................................................3486

Advisory Opinion Request.............................................................3453

TEXAS STATE BOARD OF EXAMINERS OF
PROFESSIONAL COUNSELORS
PROPOSED RULES
PROFESSIONAL COUNSELORS

TEXAS DEPARTMENT OF AGRICULTURE

22 TAC 681.41.............................................................................3488

WEIGHTS AND MEASURES

22 TAC 681.114 ...........................................................................3488

4 TAC 12.1...................................................................................3455

22 TAC 681.125...........................................................................3488

4 TAC 12.13.................................................................................3456

22 TAC 681.127...........................................................................3488

TEXAS EDUCATION AGENCY

22 TAC 681.253...........................................................................3488

COMMISSIONER'S RULES CONCERNING

EDUCATOR APPRAISAL COMPTROLLER OF PUBLIC ACCOUNTS
19 TAC 150.1001.........................................................................3457
CENTRAL ADMINISTRATION

TEXAS FUNERAL SERVICE COMMISSION 34 TAC 1.4...................................................................................3489

LICENSING AND ENFORCEMENT--SPECIFIC 34 TAC 1.8...................................................................................3490

SUBSTANTIVE RULES 34 TAC 1.18.................................................................................3492

22 TAC 203.44.............................................................................3458
34 TAC 1.18.................................................................................3492

TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS 34 TAC 1.28.................................................................................3493

TEXAS BOARD OF PROFESSIONAL

34 TAC 1.28.................................................................................3493

GEOSCIENTISTS LICENSING AND ENFORCEMENT

34 TAC 1.29.................................................................................3494

RULES

34 TAC 1.29.................................................................................3494

22 TAC 851.10.............................................................................3461

34 TAC 1.31.................................................................................3495

22 TAC 851.20, 851.23, 851.25, 851.30, 851.80.......................3463

34 TAC 1.31.................................................................................3496

22 TAC 851.157 - 851.159 ........................................................3468

34 TAC 1.32.................................................................................3496

22 TAC 851.158...........................................................................3472

34 TAC 1.32.................................................................................3497

22 TAC 851.203, 851.220..........................................................3472

34 TAC 1.39.................................................................................3498

EMPLOYEES RETIREMENT SYSTEM OF TEXAS

34 TAC 1.39.................................................................................3498

HEARINGS ON DISPUTED CLAIMS

34 TAC 1.41.................................................................................3499

34 TAC 67.201.............................................................................3473
34 TAC 1.41.................................................................................3499

ADOPTED RULES TABLES AND GRAPHICS

TEXAS HEALTH AND HUMAN SERVICES IN ADDITION

COMMISSION
Department of Aging and Disability Services
CHILDREN'S ADVOCACY PROGRAMS

Correction of Error.........................................................................3503

1 TAC 377.1.................................................................................3478

Ark-Tex Council of Governments

1 TAC 377.101, 377.103, 377.105, 377.107, 377.109, 377.111,

377.113, 377.115, 377.117 .............................................................3479

Request for Proposal: Licensed Police Academy - Training

Provider..........................................................................................3505

1 TAC 377.201, 377.203, 377.205, 377.207, 377.209, 377.211 3483

Office of the Attorney General

TEXAS FUNERAL SERVICE COMMISSION
Texas Water Code and Texas Health and Safety Code Settlement No-
LICENSING AND ENFORCEMENT--SPECIFIC tice..................................................................................................3505

SUBSTANTIVE RULES
Comptroller of Public Accounts

TABLE OF CONTENTS 42 TexReg 3449

Local Sales Tax Rate Changes Effective July 1, 2017...................3505
Scratch Ticket Game Number 1622 "Pick 3" ............................3515

Office of Consumer Credit Commissioner Scratch Ticket Game Number 1891 "Strike It Rich" .....................3519

Notice of Rate Ceilings..................................................................3507

North Central Texas Council of Governments
Texas Commission on Environmental Quality Request for Proposals for the Fort Worth Active Transportation

Plan ................................................................................................3524

Agreed Orders................................................................................3507

Request for Proposals for Traffic Pattern Data for IH 30 Closure.3524

Notice of Hearing...........................................................................3510

Public Utility Commission of Texas

Notice of Public Hearing ...............................................................3511

Notice of Application for a Service Provider Certificate of Operating

Notice of Public Hearing ...............................................................3512

Authority ........................................................................................3524

Notice of Receipt of Application and Intent to Obtain Municipal Solid

Notice of Application for Sale, Transfer, or Merger......................3524

Waste Permit ..................................................................................3513

Notice of Application for Retail Electric Provider Certification ...3525

Texas Facilities Commission

Notice of Application to Amend a Sewer Certificate of Convenience

Request for Proposals #303-8-20604.............................................3513

and Necessity .................................................................................3525

Texas Health and Human Services Commission Notice of Application to Amend Certificated Service Area Bound-
Notice of Public Hearing on Proposed Medicaid Payment Rates for
aries ................................................................................................3525

Anesthesia Services .......................................................................3514

Request for Comments...................................................................3525

Public Notice: Pre-admission Screening and Resident Review Habili- Texas Department of Transportation
tative Specialized Services.............................................................3514

Aviation Division - Request for Qualifications for Professional Engi-

Texas Department of Housing and Community Affairs neering Services .............................................................................3526

Request for Proposals for Uniform Physical Conditions Standards In- Public Notice - Aviation.................................................................3526

spections.........................................................................................3514

Texas Water Development Board

Texas Department of Insurance
Notice of Public Hearing on the Draft State Fiscal Year 2018 Clean and

Company Licensing .......................................................................3515

Drinking Water State Revolving Fund Intended Use Plans...........3527

Notice of Hearing...........................................................................3515

Texas Lottery Commission

TABLE OF CONTENTS 42 TexReg 3450

Requests for Opinions Franklin County Attorney
RQ-0166-KP 200 North Kaufman
Requestor: Mt. Vernon, Texas 75457
Ms. Shelly Atteberry Re: County authority related to a court's registry account (RQ-0167-
KP)
Cooke County Auditor
Briefs requested by July 21, 2017
101 South Dixon Street
For further information, please access the website at www.texasattor-
Gainesville, Texas 76240
neygeneral.gov or call the Opinion Committee at (512) 463-2110.
Re: Whether an attorney serving a county pursuant to a collection con- TRD-201702483
tract under article 103.0031 of the Code of Criminal Procedure may
Amanda Crawford
collect delinquent restitution owed to a crime victim (RQ-0166-KP)
General Counsel
Briefs requested by July 21, 2017 Office of the Attorney General
RQ-0167-KP Filed: June 27, 2017

Requestor:
The Honorable Gene Stump

ATTORNEY GENERAL July 7, 2017 42 TexReg 3451

Advisory Opinion Request The Texas Ethics Commission has been asked to consider whether re-
imbursements for certain travel expenses to the executive director of
Whether the inspector general for the Health and Human Services
a state agency are prohibited honoraria or benefits under chapter 36 of
Commission is a "state officer" required to file a personal financial
the Penal Code, and whether the reimbursements are required to be re-
statement under Chapter 572 of the Government Code. (SP-13)
ported on a personal financial statement. (AOR-621)
The Texas Ethics Commission is authorized by section 571.091 of the
The Texas Ethics Commission is authorized by section 571.091 of the
Government Code to issue advisory opinions in regard to the following
Government Code to issue advisory opinions in regard to the following
statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Gov-
statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Gov-
ernment Code; (3) Chapter 303, Government Code; (4) Chapter 305,
ernment Code; (3) Chapter 303, Government Code; (4) Chapter 305,
Government Code; (5) Chapter 2004, Government Code; (6) Title 15,
Government Code; (5) Chapter 2004, Government Code; (6) Title 15,
Election Code; (7) Chapter 159, Local Government Code; (8) Chapter
Election Code; (7) Chapter 159, Local Government Code; (8) Chapter
36, Penal Code; (9) Chapter 39, Penal Code; (10) Section 2152.064,
36, Penal Code; (9) Chapter 39, Penal Code; (10) Section 2152.064,
Government Code; and (11) Section 2155.003, Government Code.
Government Code; and (11) Section 2155.003, Government Code.
Questions on particular submissions should be addressed to the Texas
Questions on particular submissions should be addressed to the Texas
Ethics Commission, P.O. Box 12070, Capitol Station, Austin, Texas
Ethics Commission, P.O. Box 12070, Capitol Station, Austin, Texas
78711-2070, (512) 463-5800.
78711-2070, (512) 463-5800.
TRD-201702433
TRD-201702490
Seana Willing
Seana Willing
Executive Director
Executive Director
Texas Ethics Commission
Texas Ethics Commission
Filed: June 23, 2017
Filed: June 28, 2017

Advisory Opinion Request

TEXAS ETHICS COMMISSION July 7, 2017 42 TexReg 3453

TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF
AGRICULTURE
CHAPTER 12. WEIGHTS AND MEASURES
The Texas Department of Agriculture (the Department) proposes
amendments to Texas Administrative Code, Title 4, Part 1, Chap-
ter 12, Subchapter A, 12.1, relating to definitions, and Sub-
chapter B, 12.13, devices subject to registration and inspec-
tion, and exemptions. The amendments are necessary to com-
ply with House Bill 2029, enacted during the 85th Texas Legis-
lature which created exemptions from registration and inspec-
tion for certain scales. House Bill 2029 requires the Department
to exempt certain commercial weighing and measuring devices
from registration and inspection requirements when used exclu-
sively to weigh food for immediate consumption.
House Bill 2029 amends 13.1002 of the Texas Agriculture
Code. These rule amendments ensure that Chapter 12 of the
Administrative Code rules align with the new statute. The pro-
posed rules exempt scales which are exclusively used to weigh
food sold for immediate consumption (scales) from mandatory
registration and inspection requirements under Chapter 13,
Subchapter C, of the Agriculture Code.
Stuart Strnad, Director for Consumer Product Protection, has de-
termined that for the first five-year period the proposed amend-
ments are in effect, there will be a fiscal impact of $357,700.00
for state government. While there will be a decrease in inspec-
tions of scales, there will not be a proportionate reduction in
force. As required by statute, weights and measures inspec-
tors will continue to handle routine inspections and complaints,
with the exception of the inspection of immediate consumption
scales. However, the fiscal impact reduces the Departments
ability to recover costs necessary to effectively administer the
weights and measures program. There is no anticipated fiscal
impact for local governments as a result of administering or en-
forcing the rule amendments, as proposed.
Mr. Strnad has also determined that for each year of the first five
years the proposed amendments are in effect, there is no antici-
pated public benefit, the reduction in registration fees necessary
to help recover program costs will result in the decrease of the
Departments ability to provide widespread consumer protection
and enforcement. There will be a cost benefit to the industry
that operates scales used exclusively for food for immediate con-
sumption by eliminating the $35 per scale registration fee.
Comments on the proposal may be submitted to Stuart Strnad,
Director for Consumer Product Protection, Texas Department of
Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email
PROPOSED RULES
to rulecomments@texasagriculture.gov. Comments must be re-
ceived no later than 30 days from the date of publication on the
proposal in the Texas Register.
SUBCHAPTER A. GENERAL PROVISIONS
4 TAC 12.1
The amendments are proposed under Texas Agriculture Code
(the Code), 13.1002, which provides that certain commercial
weighing or measuring devices that are used to weigh food sold
for immediate consumption are exempt from registration and in-
spection requirements, and 13.002, which authorizes the De-
partment to enforce Chapter 13, relating to weighing or measur-
ing devices.
The code affected by the proposal is Chapter 13 of the Texas
Agriculture Code.
12.1. Definitions.
In addition to the definitions set out in the Texas Agriculture Code,
Chapter 13, the following words and terms shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (7) (No change.)
(8) Food for Immediate Consumption--Food or meals pre-
pared, served or sold by restaurants, lunch counters or cafeterias that
when sold requires no further preparation by the purchaser prior to con-
sumption on the premises, except for:
(A) refrigerated food that is typically reheated prior to
eating;
(B) sliced luncheon products such as meat, poultry or
cheese when sold separately;
(C) food that is only cut, repackaged or pasturized by
the seller; or
(D) fruits and vegetables.
(9) [(8)] Handbook 44--NIST publication that sets the
specifications, tolerances and other technical requirements for weigh-
ing and measuring devices.
(10) Immediate Consumption Food Scales--A scale exclu-
sively used to weigh food sold for immediate consumption on premises.
(11) [(9)] LPG Meter--A device used for the measurement
of liquefied petroleum gas.
(12) [(10)] NCWM--National Conference on Weights and
Measures.
(13) [(11)] NIST--National Institute of Standards and
Technology, United States Department of Commerce.
(14) [(12)] Official certificate--A certificate declaring the
accurate weight or measure of a commodity which includes: the time
July 7, 2017 42 TexReg 3455
and date the weight or measure was taken, signature and license number
of the public weigher, and the seal of the department.
(15) [(13)] OIML--International Organization of Legal
Metrology.
(16) [(14)] Operator of a Device--A person operates a de-
vice if the person collects or distributes payments for a commercial
transaction for which the device is used; oversees the day-to-day op-
eration of the device; or owns, leases, manages, or otherwise controls
the physical location of the device or the device itself.
(17) [(15)] Out-of-Order tag--A notice attached to a device
directing that the device may not be used for commercial service.
(18) [(16)] Person--Individual or a corporation, partner-
ship, limited liability company, business trust, trust, association, or
other organization, estate, government or governmental subdivision
or agency, or other legal entity. [An individual, partnership, firm,
corporation, or association.]
(19) [(17)] Place in service--An approval for the device to
be used.
(20) [(18)] Public Weigher--A business appointed to issue
an official certificate in Texas.
(21) [(19)] Ranch scale--A livestock scale which is located
on a private ranch and which has a capacity of 5,000 pounds or greater.
(22) [(20)] Service company--A person who holds a ser-
vice company license issued by the department under this chapter.
(23) [(21)] Service report--A prescribed report, prepared
by a service technician and filed with the department by a service com-
pany, describing the services performed on a device or a set of devices
by the technician.
(24) [(22)] Service technician--An individual who holds a
service technician license issued by the department under this chapter.
(25) [(23)] Sub-kit--A subdivided series of test standards
that weigh a total of not less than one pound in avoirdupois units and
whose smallest test standard weighs not more than one-sixteenth (1/16)
ounce or five-thousandths (0.005) pound.
(26) [(24)] Test--A field examination of a device to deter-
mine compliance with the requirements of this chapter.
(27) [(25)] Test Standard--A certified weight or measure
used to test a device.
(28) [(26)] Test kit--A collection of test standards that col-
lectively weigh 30 pounds and that consists of one sub-kit, at least two
one-pound standards, and any other combination of standards that al-
lows a scale with a capacity of 30 pounds or less be tested in one-pound
increments to capacity.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 20, 2017.
TRD-201702387
Jessica Escobar
Assistant General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 463-4075
42 TexReg 3456 July 7, 2017 Texas Register
SUBCHAPTER B. DEVICES
4 TAC 12.13
The amendments are proposed under Texas Agriculture Code
(the Code), 13.1002, which provides that certain commercial
weighing or measuring devices that are used to weigh food sold
for immediate consumption are exempt from registration and in-
spection requirements, and 13.002, which authorizes the De-
partment to enforce Chapter 13, relating to weighing or measur-
ing devices.
The code affected by the proposal is Chapter 13 of the Texas
Agriculture Code.
12.13. Devices Subject to Registration and Inspection; Exemptions.
(a) The following devices are subject to the registration re-
quirements of 13.1011 of the Texas Agriculture Code; as authorized
by 13.029 of the Texas Agriculture Code.[, all other devices are ex-
empt from the registration requirements of 13.1011:]
(1) - (3) (No change.)
(4) scales. [other than pharmaceutical scales, postal scales,
belt-conveyor scales, and rail scales.]
(b) The following devices are subject to the inspection require-
ments of 13.101(a) of the Texas Agriculture Code; as authorized by
13.029 of the Texas Agriculture Code. [all other devices are exempt
from the inspection requirements of 13.101(a):]
(1) - (3) (No change.)
(4) scales other than hopper scales, except as provided by
12.14 of this chapter (related to Inspection and Testing Requirements
for Hopper Scales). [pharmaceutical scales, postal scales, belt-con-
veyor scales, and rail scales.]
(c) The following devices are exempt from Registration and
Inspection requirements under 13.1002 of the Texas Agriculture
Code; as authorized by 13.029 of the Texas Agriculture Code:
(1) pharmaceutical scales;
(2) postal scales;
(3) belt conveyor scales;
(4) rail scales; and
(5) immediate consumption food scales.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 20, 2017.
TRD-201702388
Jessica Escobar
Assistant General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 463-4075
TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 150. COMMISSIONER'S RULES
CONCERNING EDUCATOR APPRAISAL
SUBCHAPTER AA. TEACHER APPRAISAL
19 TAC 150.1001
The Texas Education Agency proposes an amendment to
150.1001, concerning teacher appraisal. The proposed
amendment would clarify language relating to measures of
student performance to reflect an agreement between the
commissioner and concerned stakeholders.
Title 19 TAC Chapter 150, Subchapter AA, describes the current
state-recommended appraisal system for teachers, the Texas
Teacher Evaluation and Support System (T-TESS), which has
been in place since July 2016.
The proposed amendment to 19 TAC 150.1001 would clar-
ify and solidify interpretation of the phrase "the performance of
teachers' students" in the TEC, 21.351(a)(2), as a measure of
student growth at the individual teacher level, a required compo-
nent of both the state-recommended teacher appraisal system
and any locally developed teacher appraisal system beginning
with the 2017-2018 school year.
The proposed amendment would also clarify the flexibility a
school district has in choosing and weighting student growth
measures for teacher appraisal.
The rules do not restrict additional factors a school district
may consider. So in addition to considering how the individual
teacher's students progress, under the local appraisal system
school districts may also consider how teachers' students
progress as a group. For example, a school district can have
an additional collective component for eighth grade English
teachers considering how all eighth grade English students
have progressed.
Under the local appraisal system, there is no required weight-
ing for each measure. If districts are providing a single overall
summative rating to teachers, they can weight each component,
including student growth, at a level determined by the district.
Districts can also adopt an appraisal system that does not pro-
vide a single, overall summative rating.
The proposed amendment would have no new procedural or re-
porting implications. The proposed amendment would have no
new locally maintained paperwork requirements.
FISCAL NOTE. Martin Winchester, deputy commissioner for ed-
ucator support, has determined that for the first five-year period
the amendment is in effect, there will be no fiscal implications for
state or local government as a result of enforcing or administer-
ing the amendment. There is no effect on local economy for the
first five years that the proposed amendment is in effect; there-
fore, no local employment impact statement is required under
Texas Government Code, 2001.022.
PUBLIC BENEFIT/COST NOTE. Mr. Winchester has deter-
mined that for each year of the first five years the amendment
is in effect the public benefit anticipated as a result of enforcing
the amendment will be allowing public school districts to access
an appraisal process that can improve instruction and student
performance. There is no anticipated economic cost to persons
who are required to comply with the proposed amendment.
ECONOMIC IMPACT STATEMENT AND REGULATORY
FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND
MICROBUSINESSES. There is no direct adverse economic
PROPOSED RULES
impact for small businesses and microbusinesses; therefore,
no regulatory flexibility analysis, specified in Texas Government
Code, 2006.002, is required.
REQUEST FOR PUBLIC COMMENT. The public comment pe-
riod on the proposal begins July 7, 2017, and ends August 7,
2017. Comments on the proposal may be submitted to Cristina
De La Fuente-Valadez, Rulemaking, Texas Education Agency,
1701 North Congress Avenue, Austin, Texas 78701. Comments
may also be submitted electronically to rules@tea.texas.gov. A
request for a public hearing on the proposal submitted under the
Administrative Procedure Act must be received by the commis-
sioner of education not more than 14 calendar days after notice
of the proposal has been published in the Texas Register on July
7, 2017.
STATUTORY AUTHORITY. The amendment is proposed under
the Texas Education Code (TEC), 21.351, which requires the
commissioner of education to adopt a state-recommended ap-
praisal process for teachers, and the TEC, 21.352, which de-
tails the local role for school districts as it relates to teacher ap-
praisal, including locally adopted appraisal processes and ap-
praisal timelines and frequency.
CROSS REFERENCE TO STATUTE. The amendment imple-
ments the Texas Education Code, 21.351 and 21.352.
150.1001. General Provisions.
(a) All school districts have two choices in selecting a method
to appraise teachers: a teacher appraisal system recommended by the
commissioner of education or a local teacher appraisal system.
(b) The commissioner's recommended teacher appraisal
system, the Texas Teacher Evaluation and Support System (T-TESS),
was developed in accordance with the Texas Education Code (TEC),
21.351.
(c) The superintendent of each school district, with the ap-
proval of the school district board of trustees, may select the T-TESS.
Each school district or campus wanting to select or develop an alter-
native teacher appraisal system must follow the TEC, 21.352, and
150.1007 of this title (relating to Alternatives to the Commissioner's
Recommended Appraisal System).
(d) The commissioner may designate a regional education ser-
vice center to serve as the T-TESS certification provider for the state.
The designated regional education service center may collect appropri-
ate fees under the TEC, 8.053, from school districts and open-enroll-
ment charter schools for training and certification.
(e) Sections 150.1002 through 150.1006 of this title apply only
to the T-TESS and not to local teacher appraisal systems.
(f) The statutorily required components of teacher appraisal
are defined as follows.
(1) The implementation of discipline management proce-
dures is the teacher's pedagogical practices that produce student en-
gagement and establish the learning environment.
(2) The performance of teachers' students is how the in-
dividual teacher's students progress academically in response to the
teacher's pedagogical practice as measured at the individual teacher
level by one or more [of the following] student growth measures.[:]
[(A) student learning objectives;]
[(B) student portfolios;]
[(C) pre- and post-test results on district-level assess-
ments; or]
July 7, 2017 42 TexReg 3457
 [(D) value-added data based on student state assess-
ment results.]
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702453
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 475-1497
balming facilities, [and] crematories, and cemeteries shall be inspected
PART 10. TEXAS FUNERAL SERVICE
COMMISSION
CHAPTER 203. LICENSING AND
ENFORCEMENT--SPECIFIC SUBSTANTIVE
RULES
SUBCHAPTER C. ENFORCEMENT
22 TAC 203.44
The Texas Funeral Service Commission (Commission) proposes
to amend Title 22 Texas Administrative Code 203.44, concern-
ing Procedures and Criteria for Inspections of Licensed Estab-
lishments. The rule currently sets out the procedure and crite-
ria for the inspection of funeral establishments, commercial em-
balming facilities, and crematories.
During a recent audit by the State Auditor's Office, it was recom-
mended the Commission develop a rule to outline procedures
and criteria for inspecting licensed cemeteries. While the Com-
mission has an internal policy about the inspection of cemeter-
ies, this amendment creates those procedures and criteria in the
Commission's rules.
Janice McCoy, Executive Director, has determined for the first
five-year period the amendment is in effect there will be no fiscal
implication for state or local governments, or local economies.
Ms. McCoy has determined there will be no adverse economic
effect on small businesses or micro-businesses required to com-
ply with the amendment, as proposed.
There is no anticipated economic cost to individuals who are re-
quired to comply with the amendment, as proposed. There is no
anticipated negative impact on local employment.
In addition, Ms. McCoy has determined for the first five-year pe-
riod the amendment is in effect, the public benefit of the amend-
ment is that licensed cemeteries know how and when they will
be inspected by the Commission.
The Commission has determined Chapter 2007 of the Texas
Government Code does not apply to this proposal. Accordingly,
the Commission is not required to complete a takings impact as-
sessment regarding this proposal.
Comments on the proposal may be submitted in writing to
Mr. Kyle Smith at P.O. Box 12217, Capitol Station, Austin,
Texas 78711-1440, (512) 479-5064 (fax) or electronically to
42 TexReg 3458 July 7, 2017 Texas Register
info@tfsc.texas.gov. Comments must be received no later than
thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Occupations Code
651.152, which authorizes the Texas Funeral Service Com-
mission to adopt rules considered necessary for carrying out the
Commission's work, and Texas Occupations Code 651.157,
which requires the agency to establish, by rule, procedures for
inspection of a cemetery.
No other statutes, articles, or codes are affected by this section.
203.44. Procedures and Criteria for Inspections of Licensed
Entities [Establishments].
(a) Inspection Procedures.
(1) All licensed funeral establishments, commercial em-
at least once every two years. The Commission shall give lower prior-
ity to the inspection of cemeteries.
(2) All inspections shall be unannounced.
(3) The inspector shall review prior inspection reports be-
fore inspecting a licensed entity [an establishment]. If prior reports
reveal problems, the inspector shall determine whether the licensed en-
tity [establishment] has corrected the previously identified problems or
whether a pattern of violations or new violations exist.
(4) Inspectors shall use reasonable efforts to conduct in-
spections between the hours of 8:00 a.m. and 5:00 p.m., but a licensed
entity [an establishment] is required to be open at all times to inspec-
tions for violations of Occupations Code, Chapter 651, and Health and
Safety Code, Chapters 193, 361, 711, 714, 715 and 716.
(5) If a licensed entity [an establishment] is not open
for business during regular business hours and an inspector is un-
able to contact any employee or owner to open the licensed entity
[establishment] to conduct the inspection, the inspector shall notify the
licensed entity [establishment] by mail of the attempted inspection. If
a licensed entity [an establishment] is unavailable for inspection during
regular business hours twice during a six month period, the Commis-
sion may file a complaint against the licensed entity [establishment],
making the licensed entity [establishment] subject to an administrative
penalty or other action.
(b) Criteria for Risk-Based Inspections.
(1) If the Commission previously found violations of Oc-
cupations Code, Chapter 651, and Health and Safety Code, Chapters
193, 361, 711, 714, 715 and 716, following a biennial inspection, a li-
censed entity [an establishment] shall be inspected annually until it is
free of all violations.
(2) Licensed entities [Establishments] that have received a
reprimand or letter of warning, that have been assessed administrative
penalties, that have had licenses suspended, or that have received a let-
ter ordering the licensed entity [establishment] to cease and desist for
violations of Occupations Code, Chapter 651, or Rules of the Commis-
sion are subject to inspection at any time within three years following
the date that the Commission's action became final.
(3) If the Commission is in the process of conducting an
investigation of a licensed entity [an establishment], staff may inspect
the licensed entity [establishment] for the limited purpose of proving
or disproving the validity of the complaint. The scope of inspections
under this paragraph shall be limited to matters relating to the subject
of the complaint.
(c) Notwithstanding subsection (a)(1) of this section, a ceme-
tery may not be inspected unless an interment has occurred in the ceme-
tery within the two years preceding the inspection or the Commission
has received a complaint about the cemetery.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 21, 2017.
TRD-201702423
Janice McCoy
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 936-2469
tion that is sufficient for an applicant who is a citizen of another
PART 39. TEXAS BOARD OF
PROFESSIONAL GEOSCIENTISTS
CHAPTER 851. TEXAS BOARD OF
PROFESSIONAL GEOSCIENTISTS LICENSING
AND ENFORCEMENT RULES
The Texas Board of Professional Geoscientists (TBPG) pro-
poses amendments to 22 TAC 851.10, 851.20, 851.23,
851.25, 851.30, 851.80, 851.157, and 851.203, proposes
the repeal of 851.158, and proposes new rules 851.158,
851.159, and 851.220 concerning the licensure and regulation
of Professional Geoscientists.
BACKGROUND AND PURPOSE
The TBPG proposes amendments to 851.10 and 851.30 to
clarify the definition and role of an "Authorized Official of a Firm"
(AOF). Proposed amendments to 851.80 amend language to
establish a proctored review of a Texas Geophysics Examination
for a fee, and provide a reduction of the renewal fee to half price
for a person who has a medical disability. Proposed amend-
ments to 851.20 clarify that an applicant who is not a citizen of
the United States must provide a copy of a VISA or a Social Se-
curity Number. Proposed amendments to 851.23 provide an
alternate process for applicants who cannot provide a profes-
sional reference to verify qualifying work experience. Proposed
amendments to 851.25 re-sequence elements of the existing
rule so that the rule is consistent with the Texas Geoscience
Practice Act, and provide that, by rule, the Board has determined
that a person has satisfied "other equivalent education, as deter-
mined by the Board," if the applicant has a four year college or
university degree and has the appropriate number of total hours
of geoscience coursework and in upper level courses. The pro-
posed change would also provide that the Appointed Board could
still determine whether an applicant's education is equivalent af-
ter review of the applicant's credentials. Proposed revisions to
851.157, along with the repeal of current 851.158 and the ad-
dition of new 851.158 and 851.159, would reorganize rules in
current 851.157 and 851.158, and provide that the default not
responding to a Notice of Alleged Violation or a scheduled infor-
mal settlement conference may be to a Board Order instead of
the current default of scheduling a hearing with the State Office
of Administrative Hearings (SOAH) and provide certain clarify-
ing language regarding the procedures by which complaints are
investigated and adjudicated. Current 851.158 is proposed for
repeal because these provisions are provided for in TOC Chap-
ter 1002, Subchapters J and K, making the rule redundant and,
therefore, unnecessary. A proposed amendment to 851.203
adds provisions to the default process that is followed when a
respondent does not appear at a SOAH hearing. Proposed new
851.220 provides a procedure for judicial review of a default or
contested Board Order by a respondent.
SECTION BY SECTION SUMMARY
A proposed amendment to 851.10 removes the words in defi-
nition (9) regarding the Authorized Official of a Firm (AOF): "en-
suring that the firm complies with all laws, codes, rules, and
standards applicable to the public practice of geoscience;" it also
adds a provision that the AOF is responsible for "ensuring that
the geoscientist is a currently licensed P.G."
A proposed amendment to 851.20(f) clarifies the documenta-
country to verify the applicant's immigration status for the deter-
mination of the applicant's eligibility for a license 9n accordance
with the Personal Responsibility and Work Opportunity Recon-
ciliation Act of 1996 as follows: "In most cases, a copy of a cur-
rent visa or something equivalent will be sufficient. For appli-
cants from countries that have a standing trade agreement with
the US that specifically and adequately addresses professional
licensure, such as NAFTA or AUSFTA, a copy of a visa is not re-
quired; however, the applicant must identify the trade agreement
under which the applicant would be working in the US, and must
establish the applicant has the required legal status to work in
Texas."
A proposed amendment to 851.23(a) clarifies the manner in
which an applicant documents the applicant's qualifying work ex-
perience as follows: "Applicants shall complete the Qualifying
Experience Record on Application Form A and provide supple-
mental information to demonstrate the dates qualifying experi-
ence began and ended." The amendments also renumber the
subsections. New 851.23(b) clarifies that the experience doc-
umented shall clearly describe the geoscience work that the ap-
plicant personally performed "in each setting." New 851.23(d)
provides an alternate way for an applicant to verify qualifying
work experienced claimed in the event that reference providers
are unavailable as follows: "If an applicant cannot obtain a ref-
erence that verifies qualifying work experience needed to cover
the minimum amount of time needed to demonstrate having met
the experience requirement, the applicant shall work with TBPG
staff to identify some alternate form of verification of the work ex-
perience."
Proposed amendments to 851.25 provide a technical correction
to the rule so that the rule is consistent with Texas Occupations
Code 1002.255. The phrase that provides for the Appointed
Board to determine that an individual applicant has satisfacto-
rily completed other equivalent educational requirements is re-
located from subsection (a) to new subsection (b) and is written
more clearly.
Proposed amendments to 851.25 also add two new provisions.
First, a provision is added that an applicant has satisfactorily
completed other equivalent educational opportunities if the ap-
plicant has obtained a four year college or university degree or
higher in any field and has completed at least 30 semester hours
or 45 quarter hours of credit in geoscience, of which at least 20
semester hours or 30 quarter hours of credit is in upper-level col-
lege courses in geosciences. Second, a provision is added that
the Appointed Board may also determine that an individual ap-
plicant has satisfactorily completed other equivalent educational
PROPOSED RULES July 7, 2017 42 TexReg 3459
requirements after reviewing the applicant's educational creden-
tials.
A proposed amendment to 851.30 clarifies the role of an Au-
thorized Official of a Firm (AOF) by removing the phrase in (d)(2)
that states that the AOF is responsible for "ensuring that the firm
complies with all laws, codes, rules, and standards applicable to
the public practice of geoscience." Also in (d)(2), a provision is
added clarifying that an AOF is responsible for "ensuring that the
geoscientist is a currently licensed P.G." In subsection (d)(3)(A),
a provision is added clarifying that it is the responsibility of the
Professional Geoscientist in responsible charge to ensure that
"the firm complies with all laws, codes, rules, and standards ap-
plicable to the public practice of geoscience," and that "all geo-
scientific reports, documents, and other records are signed and
sealed by a licensed Professional Geoscientist."
A proposed amendment to 851.80(d)(2) specifies that the geo-
physics licensing examination is the "Texas Geophysics Exam-
ination;" it adds a provision in subsection (f) to provide that re-
newal fees for licensees who are "permanently disabled, or un-
der a significant medical hardship, as determined by the Execu-
tive Director" will be half the current renewal fee; and it adds in
new subsection (p) a fee of $50 for a "Texas Geophysics Exam-
ination Proctored Review."
A proposed amendment to 851.157 changes the title to "Com-
plaints and Confidentiality"; reorganizes the rule; and provides
minor edits and clarifications. The phrase, "Who may file a com-
plaint," is added to clarify subsection (a). Text from current sub-
section (a) is deleted from (a) and relocated, with minor edits to
new subsections (b) and (c). The phrase, "How to file a com-
plaint," is added to subsection (b). Text which was deleted from
subsection (a) is slightly edited and provides that complaints
should be filed with the Secretary-Treasurer of the Appointed
Board at the office of the TBPG or electronically through the
TBPG's website and that the TBPG provides a complaint form
that should be used to file a complaint. The phrase, "Who com-
plaints may be filed against," is added to subsection (c). Text
which was deleted from subsection (a) is edited and added to
(c). Proposed subsection (c) provides that a complaint may be
filed against any person or entity who: holds a Professional Geo-
scientist license issued by the TBPG, is a registered Geoscience
Firm, or holds a certificate as a Geoscientist-in-Training issued
by the TBPG. An Authorized Official of a Firm (AOF) is removed
from the set of persons against whom a complaint may be filed.
Proposed subsection (c) also provides that a complaint may be
filed against a person or firm that is not licensed or registered with
the TBPG alleging that the person or firm has engaged in the unli-
censed or unregistered public practice or offering of geoscience
services in Texas. The rest of the section is renumbered cor-
respondingly. New subsection (f) removes the sentence: "The
TBPG provides a complaint form which should be used to file a
complaint," because it was included in new subsection (b). The
phrase, "Confidentiality," is added to subsection (h) as a sub-
section title. A phrase is added at the end of new section (h)(1)
clarifying that the TBPG files charges by issuing a NOV letter, as
follows: "Complaint information is not confidential after the date
formal charges are filed, which is the date that a notice of alleged
violation (NOV) is issued." The phrase, "Confidential information
from other state agency," is added to subsection (h)(3). Previ-
ous subsection (f) is removed from 851.157 and relocated with
clarifying edits to 851.158. Previous subsections (g)-(j) are re-
moved from 851.157 and relocated to 851.159.
42 TexReg 3460 July 7, 2017 Texas Register
The proposed repeal of 851.158 removes the following sen-
tences because the provisions are provided for in statute, mak-
ing the rule redundant and, therefore, unnecessary: "A non-li-
cense holder who is assessed an administrative penalty may ex-
ercise due process rights under Texas Occupations Code Chap-
ter 1002, Subchapter J. The Appointed Board may also seek an
injunction as provided under Texas Occupations Code Chapter
1002, Subchapter K."
Proposed new rule 851.158 is entitled, "Procedures," and out-
lines general procedures for the investigation and dispensation
of complaints. The complaint procedures outlined in subsec-
tions (a)-(e) incorporate the elements of the TBPG procedures
involved with the investigation and dispensation of complaints,
including procedures for staff action; complaint review team; no-
tice of alleged violation; opportunity for an informal conference or
a contested-case hearing with the State Office of Administrative
Hearings or accepting a proposed Board order except that the
default in the event that a respondent does not timely respond
to a Notice of Alleged Violation described in new 851.158(c)(3)
changes from the case being scheduled for a hearing with the
State Office of Administrative Hearings to the default action of
the Board proceeding to resolve the matter on an informal ba-
sis by issuing a default order. Proposed new 851.158(f), relo-
cated from text removed from current 851.157(f)(13), clarifies
that, except for dismissals, the Appointed Board shall resolve all
complaints by order and that if a proposed order is rejected by
the Appointed Board, the Appointed Board may, among other
things, dismiss the complaint, direct Board staff to modify an or-
der and propose the modified order for later consideration, or
direct that the matter be set for a contested-case hearing. Pro-
posed new 851.158(f), relocated from text removed from cur-
rent 851.157(l), provides that all disciplinary actions shall be
permanently recorded and that, except for private reprimands,
all disciplinary actions shall be placed on the TBPG's website
and made available upon request as public information.
Proposed new rule 851.159, entitled "Sanctions," adds new
subsections (a), (b), (c), and (d), relocated from text removed
from current 851.157(g)-(j), clarifies the reasons the Appointed
Board may take disciplinary actions, the disciplinary actions the
Appointed Board is authorized to take, the factors on which a
disciplinary action taken by the Appointed Board must be based,
and the factors to be used by the Appointed Board in determin-
ing the amount of an administrative penalty assessed by the Ap-
pointed Board.
A proposed amendment to 851.203 adds new subsection (d),
with the subject: "Failure to prosecute." New 851.203(d) pro-
vides that if an applicant for licensure fails to appear at a con-
tested case hearing at the State Office of Administrative Hear-
ings, the administrative law judge must dismiss the case for want
of prosecution, any relevant application will be withdrawn, and
the Board may not consider a subsequent application from the
party until the first anniversary of the date of dismissal of the
case at the State Office of Administrative Hearings and that if
the administrative law judge dismisses the case and returns the
file to the Board for informal disposition on a default basis in ac-
cordance with 2001.056 of the Texas Government Code, the
Board will issue a final order referring to this rule and advising
the applicant that the application was withdrawn and that the
applicant may reapply for licensure one year after the date the
Board signs the final order. New 851.203(e) provides that ap-
plicants for licensure bear the burden to prove fitness for licen-
sure. New 851.203(f), re-sequenced from current 851.203(d),
is amended to provide that "in the event that the respondent or
applicant wishes to contest a final order issued following a de-
fault or dismissal for failure to prosecute, the respondent or ap-
plicant must timely file a motion for rehearing as provided by
Chapter 2001 of the Texas Government Code, and the motion
for rehearing must show the following:
(1) the default was neither intentional nor the result of conscious
indifference;
(2) the respondent or applicant has a meritorious case or de-
fense;
(3) a new hearing will not harm the Board; and
(4) the motion for rehearing must be supported by affidavits and
documentary evidence of the above and show a prima facie case
in the movant's favor."
Current subsections 851.203(e) and (f) are removed.
Proposed new rule 851.220, entitled "Judicial Review Proce-
dures," adds new subsection (a), which states, "A timely mo-
tion for rehearing is a prerequisite to judicial review and must be
filed in accordance with chapter 2001 of the Texas Government
Code." New subsection (b) states, "The motion for rehearing may
be filed by mail to the Board's mailing address, in person at the
Board's street address, or by fax to the Board's fax number."
New subsection (c) states, "Standard for rehearing following a
default dismissal. In the event that the respondent wishes to con-
test a final order issued following a default, the respondent must
timely file a motion for rehearing as provided by Chapter 2001 of
the Texas Government Code, and the motion for rehearing must
show the following: (1) the default was neither intentional nor the
result of conscious indifference; (2) the respondent has a meri-
torious defense; (3) a new hearing will not harm the Board; and
(4) the motion for rehearing must be supported by affidavits and
documentary evidence of the above and show a prima facie case
for a meritorious defense." New subsection (d) states, "Standard
for rehearing following a dismissal for failure to prosecute. In the
event that the applicant wishes to contest a final order issued fol-
lowing a dismissal for failure to prosecute, the respondent must
timely file a motion for rehearing as provided by Chapter 2001 of
the Texas Government Code, and the motion for rehearing must
show the following: (1) the dismissal for failure to prosecute was
neither intentional nor the result of conscious indifference; (2) the
applicant has a meritorious application; (3) a new hearing will not
harm the Board; and (4) the motion for rehearing must be sup-
ported by affidavits and documentary evidence of the above and
show a prima facie case for a meritorious application."
FISCAL NOTE
Charles Horton, Executive Director of the Texas Board of Pro-
fessional Geoscientists, has determined that for each fiscal year
of the first five years the sections are in effect there is no cost to
the state as a result of enforcing or administering the section as
proposed.
SMALL AND MICRO-BUSINESS ECONOMIC IMPACT ANALY-
SIS
Mr. Horton has determined that there will be no anticipated
economic costs to small businesses or micro-businesses re-
quired to comply with proposed amendments to 851.10,
851.20, 851.23, 851.25, 851.30, 851.80, 851.157, and 851.203,
proposed repeal of 851.28, and proposed new 851.158,
851.159, and 851.220. Consequently, an economic impact
statement or regulatory flexibility analysis is not required. There
will be no anticipated economic cost to individuals who are
required to comply with the proposed sections. There is no
anticipated negative impact on state or local government.
PUBLIC BENEFIT
Mr. Horton has also determined that for each year of the first five
years the sections are in effect, the public will benefit from adop-
tion of the sections. The public benefit anticipated as a result of
enforcing or administering the sections is that the Texas Board of
Professional Geoscientists' rules are clarified, and the Board will
be able to more effectively regulate the public practice of geo-
science in Texas, which will protect and promote public health,
safety, and welfare.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL
RULES
The Board has determined that these proposals are not a
"major environmental rule" as defined by Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. Although Professional Geoscientists and
Registered Geoscience Firms play a key role in environmental
protection for the state of Texas, this proposal is not specifically
intended to protect the environment nor reduce risks to human
health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
Mr. Horton has determined that the proposal does 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 Texas Government Code, 2007.043.
PUBLIC COMMENT
Comments on the proposed amendments, repeal, and new
rules may be submitted in writing to Charles Horton, Execu-
tive Director, Texas Board of Professional Geoscientists, 333
Guadalupe Street, Tower I-530, Austin, Texas 78701 or by mail
to P.O. Box 13225, Austin, Texas 78711 or by e-mail to chor-
ton@tbpg.state.tx.us. Please indicate "Comments on Proposed
Rules" in the subject line of all e-mails submitted. Please submit
comments within 30 days following publication of the proposal
in the Texas Register.
SUBCHAPTER A. DEFINITIONS
22 TAC 851.10
The proposed amendments are authorized by the Texas Occu-
pations Code 1002.151 which provides that the Board shall
adopt and enforce rules consistent with the Texas Geoscience
Practice Act (the Act); by Occupations Code 1002.154 which
provides that Board shall enforce the Act; by Occupations Code
1002.351, which authorizes temporary licenses.
The proposed amendments implement the Texas Occupations
Code, 1002.151, 1002.154, and 1002.351.
851.10. Definitions
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise:
(1) Act--Texas Occupations Code, Chapter 1002, cited as
the Texas Geoscience Practice Act.
PROPOSED RULES July 7, 2017 42 TexReg 3461
 (2) Accredited institutions or programs--An institution or
program which holds accreditation or candidacy status from an accred-
itation organization recognized by the Council for Higher Education
Accreditation (CHEA) or other appropriate accrediting entity accepted
by the Appointed Board.
(3) Address of record--In the case of an individual or firm
licensed, certified, or registered by the Texas Board of Professional
Geoscientists (TBPG), the address which is filed by the licensee with
the TBPG.
(4) Advertising or Advertisement--Any non-commer-
cial or commercial message, including, but not limited, to verbal
statements, bids, web pages, signage, provider listings, and paid
advertisement which promotes the services of a licensee.
(5) Applicant--An individual making application for a geo-
science license or Geoscientist-in-Training (GIT) certification; a firm
and/or the Authorized Official of a Firm making application for a Geo-
science Firm registration.
(6) Application--The forms, information, attachments, and
fees necessary to obtain a license as a Professional Geoscientist, the
registration of a firm, or a certification as a Geoscientist-in-Training
(GIT).
(7) Appointed Board--Those persons who are appointed by
the Governor and confirmed by the Senate and qualify for office who
may deliberate, vote, and be counted as a member in attendance of the
Texas Board of Professional Geoscientists.
(8) ASBOG--National Association of State Boards of
Geology. ASBOG serves as a connective link among the individual
state geologic registration licensing boards for the planning and
preparation of uniform procedures and the coordination of geologic
protective measures for the general public. One of ASBOG's
principal services is to develop standardized written examinations
for determining qualifications of applicants seeking licensure as
professional geologists. State boards of registration are provided with
uniform examinations that are valid measures of competency related
to the practice of the profession.
(9) Authorized Official of a Firm (AOF)--The individual
designated by a Geoscience Firm to be responsible for the process of
submitting the application for the initial registration of the firm with the
TBPG; ensuring that the firm maintains compliance with the require-
ments of registration with the TBPG; [ensuring that the firm complies
with all laws, codes, rules, and standards applicable to the public prac-
tice of geoscience;] ensuring that the firm renews its registration status
as long as the firm offers or provides professional geoscience services;
ensuring that the geoscientist is a currently licensed P.G.; and commu-
nicating with the TBPG regarding any matter.
(10) Board staff--The Executive Director and all other staff
employed by the Texas Board of Professional Geoscientists (adminis-
trative, investigative, and other support staff, etc.).
(11) Certificant--An individual holding a certificate as a
Geoscientist-in-Training.
(12) Cheating--Attempting to obtain, obtaining, providing,
or using answers to examination questions by deceit, fraud, dishonesty,
or deception.
(13) Complainant--Any individual who has submitted a
complaint to the TBPG, as provided in this chapter.
(14) Complaint--An allegation or allegations of wrongful
activity related to the practice or offering of professional geoscience
services in Texas. A complaint is within the TBPG's jurisdiction if the
42 TexReg 3462 July 7, 2017 Texas Register
complaint alleges a violation of statutes or rules applicable to the public
practice of geoscience or the requirements of licensure of a Professional
Geoscientist (P.G.) or registration by an individual, firm, or other legal
entity.
(15) Council of Soil Scientist Examiners (CSSE)--The
purpose of the Council of Soil Science Examiners is to create, score
and maintain examinations for State Soil Scientists licensing programs.
CSSE develops professional criteria to confirm that individuals meet
and exceed minimum qualifications to practice the profession.
(16) Default--The failure of the Respondent to respond in
writing to a notice or appear in person or by legal representative on
the day and at the time set for hearing in a contested case or informal
conference, or the failure to appear by telephone, e-mail, fax or other
electronic media in accordance with the notice of hearing or notice of
informal conference. Default results in the actions being taken that
were described in the notice of the hearing for a contested case or in-
formal conference in the event of a failure to appear.
(17) Direct supervision--Critical watching, evaluating, and
directing of geoscience activities with the authority to review, enforce,
and control compliance with all geoscience criteria, specifications, and
procedures as the work progresses. Direct supervision will consist of an
acceptable combination of: exertion of significant control over the geo-
science work, regular personal presence, reasonable geographic prox-
imity to the location of the performance of the work, and an acceptable
employment relationship with the supervised individual(s).
(18) Discipline--One of three recognized courses of study
under which an individual may qualify for a license as a Professional
Geoscientist. Geoscience is comprised of the following disciplines:
geology, geophysics, and soil science.
(19) Executive Director--The individual appointed by the
Appointed Board who shall be responsible for managing the day to
day affairs of the board, in accordance with the Act.
(20) Filed date--The date that the document has been re-
ceived by the TBPG or, if the document has been mailed to the TBPG,
the postmark date of the document.
(21) Geology--The discipline of geoscience that addresses
the science of the origin, composition, structure, and history of the
Earth and its constituent soils, rocks, minerals, fossil fuels, solids, flu-
ids and gasses, and the study of the natural and introduced agents,
forces, and processes that cause changes in and on the Earth, and is
applied with judgment to develop ways to utilize, economically, those
natural and introduced agents, forces, and processes for the benefit of
mankind. There are many subdivisions of geology, which include, but
are not limited to, the following: historical geology, physical geology,
economic geology, mineralogy, paleontology, structural geology, min-
ing geology, petroleum geology, physiography, geomorphology, geo-
chemistry, hydrogeology, petrography, petrology, volcanology, stratig-
raphy, engineering geology, and environmental geology.
(22) Geophysics--Refers to that science which involves the
study of the physical Earth by means of measuring its natural and in-
duced fields of force, and its responses to natural and induced energy
or forces, the interpretation of these measurements, applied with judg-
ment to benefit or protect the public.
(23) Geoscience--The science of the Earth and its origin
and history, the investigation of the Earth's environment and its con-
stituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the
study of the natural and introduced agents, forces, and processes that
cause changes in and on the Earth as applied with professional judg-
ment to develop ways to utilize, economically, those natural and intro-
duced agents, forces, and processes for the benefit of the public.
 (24) Geoscience Firm--Any entity that engages in or offers
to engage in the practice of professional geoscience before the public
in the State of Texas. This term includes a sole practitioner registered
with TBPG as a Geoscience Firm, a sole proprietor registered as a Geo-
science Firm, co-partnership, corporation, partnership, limited liability
company, joint stock association, or other business organization.
(25) Geoscience services (also professional geoscience
services, and professional geoscience)--Services which must be
performed by or under the direct supervision of a Professional Geo-
scientist and which meet the definition of the practice of geoscience
as defined in the Texas Occupations Code, 1002.002(3). A service
shall be conclusively considered a professional geoscience service if
it is delineated in that section; other services requiring a Professional
Geoscientist by contract, or services where the adequate performance
of that service requires a geoscience education, training, or experience
in the application of special knowledge or judgment of the geological,
geophysical or soil sciences to that service shall also be conclusively
considered a professional geoscience service. These services may
include consulting, investigating, evaluating, analyzing, planning,
mapping, and inspecting geoscientific work, and the responsible
supervision of those tasks.
(26) License--The legal authority granted the holder to ac-
tively practice geoscience upon meeting the requirements as set out in
the Act and this chapter.
(27) License certificate--Any certificate issued by the
TBPG showing that a license, registration, or certificate has been
granted by the TBPG. A certificate is not valid unless it is accompanied
by a card issued by the TBPG which shows the expiration date of the
license, registration or certification.
(28) License status--The status of a Professional Geoscien-
tist license, Geoscience Firm registration, or GIT certification is one of
the following:
(A) Current license--A license, registration, or certifi-
cation that has not expired.
(B) Expired license--A Professional Geoscientist li-
cense that has been expired for less than three years and is therefore
renewable, or a Geoscience Firm registration or GIT certification that
has been expired for less than one year and is therefore renewable.
(C) Permanently expired license--A license, registra-
tion, or certification that is no longer renewable.
(29) Licensee--An individual or other entity holding a cur-
rent Professional Geoscientist license, GIT certificate, or firm registra-
tion.
(30) Person--Any individual, firm, partnership, corpora-
tion, association, or other legal public or private entity, including a
state agency or governmental subdivision.
(31) Professional Geoscientist or P.G.--An individual who
holds a license as a Professional Geoscientist issued by the TBPG.
(32) Practice for the public--
(A) Providing professional geoscience services:
(i) For a governmental entity in Texas;
(ii) To comply with a rule established by the State of
Texas or a political subdivision of the State of Texas; or
(iii) For the public or a firm or corporation in the
State of Texas if the practitioner accepts ultimate liability for the work
product; and
PROPOSED RULES
(B) Does not include services provided for the express
use of a firm or corporation by an employee or consultant if the firm or
corporation assumes the ultimate liability for the work product.
(33) The Public--Any individual(s), client(s), business or
public entities, or any member of the general population whose normal
course of life might reasonably include an interaction of any sort with
or be impacted by professional geoscience services.
(34) Registered firm--A firm that is currently registered
with the TBPG.
(35) Registrant--An individual whose sole-proprietorship
is currently registered with the TBPG or a firm that is currently reg-
istered with the TBPG.
(36) Respondent--Any individual or firm, licensed or unli-
censed, who has been charged with violating any provision of the Act
or a rule or order issued by the Appointed Board.
(37) Responsible charge--The independent control and di-
rection of geoscience services or the supervision of geoscience services
by the use of initiative, skill, and independent judgment.
(38) Rule or Board Rule--State agency rules adopted by the
Appointed Board and as published in the Texas Administrative Code,
Title 22, Part 39, Chapters 850 and 851.
(39) Soil Science--Soil science means the science of soils,
their classification, origin and history, the investigation and interpreta-
tion of physical, chemical, morphological, and biological characteris-
tics of the soil including, among other things, their ability to produce
vegetation and the fate and movement of physical, chemical, and bio-
logical contaminants.
(40) Sole-proprietorship--A single owned Professional
Geoscientist's geoscience business that has no separate legal existence
from its owner.
(41) TBPG--The Texas Board of Professional Geoscien-
tists, as used in this chapter, is a reference to the whole or any part
of the entity that is the Texas Board of Professional Geoscientists.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702455
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 936-4401
SUBCHAPTER B. P.G. LICENSING, FIRM
REGISTRATION, AND GIT CERTIFICATION
22 TAC 851.20, 851.23, 851.25, 851.30, 851.80
The proposed amendments are authorized by the Texas Occu-
pations Code 1002.151, which provides that the Board shall
adopt and enforce rules consistent with the Texas Geoscience
Practice Act (the Act); by Occupations Code 1002.152, which
authorizes the Board to set reasonable and necessary fees
for applicants and license holders; by Occupations Code
1002.154, which provides that Board shall enforce the Act; by
July 7, 2017 42 TexReg 3463
Occupations Code 1002.255, which provides that an applicant
must meet certain requirements for licensure; by Occupations
Code 1002.256, which provides that the Board apply certain
standards when evaluating the work experience of an applicant;
and by Occupations Code 1002.351, which provides that
the Board may adopt rules relating to the public practice of
geoscience by a firm or corporation.
The proposed amendments implement the Texas Occupations
Code, 1002.151, 1002.152, 1002.154, 1002.255, 1002.256,
and 1002.351.
851.20. Professional Geoscientist Licensing Requirements and Ap-
plication Procedure.
(a) Requirements for licensure:
(1) Passing score on an examination or examinations re-
quired by the Texas Board of Professional Geoscientists (TBPG) cover-
ing the fundamentals and practice of the appropriate discipline of geo-
science documented as specified in 851.21 of this chapter;
(2) A minimum of five years of qualifying work experi-
ence during which the applicant has demonstrated being qualified to
assume responsible charge of geoscience services documented and ver-
ified through professional references as specified in 851.23 of this
chapter and Texas Occupations Code (TOC) 1002.256;
(A) A total of one year of qualifying work experience
credit may be granted for each full-time year of graduate study in a
discipline of geoscience, not to exceed two years;
(B) The Appointed Board may accept qualifying work
experience in lieu of the education requirement as provided in TOC
1002.255;
(3) Good moral character as demonstrated by the submis-
sion of a minimum of five reference statements submitted on behalf of
the applicant attesting to the good moral and ethical character of the
applicant as specified in 851.24 of this chapter or as otherwise deter-
mined by the Appointed Board;
(4) Academic requirements for licensure as specified in
TOC 1002.255 and 851.25 of this chapter; and
(5) Supporting documentation of any license requirement,
as determined by Board staff or the Appointed Board, relating to crim-
inal convictions as specified in 851.108 of this chapter; relating to
substance abuse issues as specified in 851.109 of this chapter; and re-
lating to issues surrounding reasons the Appointed Board may deny a
license as specified in the Geoscience Practice Act at TOC 1002.401
and 1002.402.
(b) An applicant may request a waiver of any licensure re-
quirement by submitting a Waiver Request (Form VI) and any addi-
tional information needed to substantiate the request for waiver with
the application. If the Appointed Board determines that the applicant
meets all the other requirements, the Appointed Board may waive any
licensure requirement except for the payment of required fees.
(c) An application is active for one year including the date that
it is filed with the Appointed Board.
(d) Professional Geoscientist application procedure. To be el-
igible for a Professional Geoscientist license under this chapter, an ap-
plicant must submit or ensure the transmission (as applicable) of the
following to the TBPG:
(1) A completed, signed, notarized application for licen-
sure as a Professional Geoscientist;
42 TexReg 3464 July 7, 2017 Texas Register
(2) Documentation of having passed an examination as
specified in 851.21 of this chapter;
(3) Documentation of having met the experience require-
ments as specified in 851.23 of this chapter;
(4) A minimum of five (5) reference statements as specified
in 851.24 of this chapter;
(5) Official transcript(s), as specified in 851.25 of this
chapter;
(6) The application/first year licensing fee as specified in
851.80(b) of this chapter;
(7) Verification of every license, current or expired, in any
regulated profession related to the public practice of geoscience in any
jurisdiction; and
(8) Any written explanation and other documentation as re-
quired by instructions on the application or as communicated by Board
staff, if applicable.
(e) Any transcripts, evaluations, experience records or other
similar documents submitted to the TBPG in previous applications may
be included in a current application provided the applicant requests its
use in writing at the time the application is filed and the Executive
Director authorizes its use.
(f) An application may be forwarded to the Appointed Board
at the Executive Director's discretion.
(g) Obtaining or attempting to obtain a license by fraud or
false misrepresentation is grounds for an administrative sanction and/or
penalty.
(h) An applicant who is a citizen of another country and is
physically present in this country shall show sufficient documenta-
tion to the TBPG to verify the immigration status for the determina-
tion of their eligibility for a professional license in accordance with the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996. In most cases, a copy of a current visa or something equivalent
will be sufficient. For applicants from countries that have a standing
trade agreement with the US that specifically and adequately addresses
professional licensure, such as NAFTA or AUSFTA, a copy of a visa
is not required; however, the applicant must identify the trade agree-
ment under which the applicant would be working in the US, and must
establish the applicant has the required legal status to work in Texas.
(i) Applications are not reviewed until the application and fee
have been received in the TBPG office. Applicants are initially notified
of any deficiencies in the application within approximately thirty (30)
days after the receipt of the application and fee.
(j) An applicant should respond to a deficiency notice within
forty-five (45) days from the date of notification for applicants to cor-
rect deficiencies. If an applicant does not respond to a deficiency notice
or does not ensure that necessary documents are provided to the TBPG
office, the application will expire as scheduled one year after the date
it became active.
(k) Upon receipt of all required materials and fees and satisfy-
ing all requirements in this section, the applicant shall be licensed and
a unique Professional Geoscientist license number shall be assigned to
the license. A new license shall be set to expire at the end of the cal-
endar month occurring one year after the license is issued. Board staff
shall send a new license certificate, initial license expiration card, and
an initial wallet license expiration card as provided in subsection (p) of
this section.
 (l) An original license is valid for a period of one year from the
date it is issued. Upon the first timely renewal of a license, the renewal
period shall be from the date the license is renewed until the last day of
the next birth month for the licensee. A license that is renewed late (one
day after the expiration date of the license through the end of the 36th
month past the expiration date of the license) is renewed in accordance
to the rules set forth in 851.28 of this chapter.
(m) A license number is not transferable.
(n) Any violation of the law or the rules and regulations re-
sulting in disciplinary action for one license may result in disciplinary
action for any other license.
(o) Altering a license wall certificate, certificate expiration
card, or wallet expiration card in any way is prohibited and is grounds
for a sanction and/or penalty.
(p) The Professional Geoscientist license is the legal authority
granted the holder to actively practice geoscience upon meeting the
requirements as set out in the Act and this chapter. When a license is
issued, a license wall certificate, the first license certificate expiration
card, and the first wallet license card are provided to the new licensee.
(1) The license wall certificate shall bear the name of the
licensee, the licensee's unique Professional Geoscientist license num-
ber, the discipline in which the individual is licensed, and the date the
license was originally issued.
(2) The license wall certificate is not valid proof of licen-
sure unless the license certificate expiration card is accompanying the
license certificate and the date on the license certificate card is not ex-
pired.
(3) The license certificate expiration card shall bear the
name of the licensee, the licensee's unique Professional Geoscientist
license number, and the date the license will expire, unless it is
renewed.
(4) The wallet license card shall bear the name of the li-
censee, the licensee's unique Professional Geoscientist license num-
ber, the discipline in which the individual is licensed, and the date the
license will expire, unless it is renewed.
(q) Once the requirements for licensure have been satisfied and
the new license and license certificate have been issued, within sixty
(60) days of notification the new licensee must then:
(1) Obtain a seal and submit TBPG Seal Submission (Form
X) to the TBPG; and
(2) Register as a Geoscience Firm, if appropriate, as de-
scribed in 851.30 of this chapter.
(r) An applicant who is a military service member, military
veteran or a military spouse is directed to TBPG rule 851.26 of this
chapter for additional licensing provisions.
851.23. Qualifying Experience Record.
(a) Applicants shall complete the [submit a] Qualifying Expe-
rience Record on Application Form A and provide supplemental in-
formation to demonstrate the dates qualifying experience began and
ended. [(Form IV) to the TBPG as a part of the P.G. Professional Ref-
erence Statement (Form I).]
(b) [(1)] The experience record shall be written by the appli-
cant, shall clearly describe the geoscience work that the applicant per-
sonally performed in each setting, and shall delineate the role of the
applicant in any group geoscience activity.
(c) [(2)] The experience record should provide an overall de-
scription of the nature and scope of the work with emphasis on detailed
PROPOSED RULES
descriptions of the geoscience work personally performed by the appli-
cant.
(d) [(3)] Professional geoscience references must be provided
to verify enough of the experience record to cover at least the minimum
amount of time needed by the applicant for issuance of a license. If an
applicant cannot obtain a reference that verifies qualifying work expe-
rience needed to cover the minimum amount of time needed to demon-
strate having met the experience requirement, the applicant shall work
with TBPG staff to identify some alternate form of verification of the
work experience.
(e) [(4)] Parts of the experience record that are to be verified by
references shall be written in sufficient detail to allow the Board staff
to document the minimum amount of experience required and to allow
the reference provider to recognize and verify the quality and quantity
of the experience claimed.
(f) [(5)] The experience record must demonstrate evidence of
the applicant's competency to be placed in responsible charge of geo-
science services of a similar character.
(g) [(6)] Experience is qualifying if the applicant's duties and
responsibilities included the performance of geoscience tasks or is ac-
ceptable to the TBPG.
851.25. Education.
(a) An applicant must have graduated from a course of study
from an accredited university or program in one of the following disci-
plines of geoscience that consists of at least four years of study and
includes at least 30 semester hours or 45 quarter hours of credit in
geoscience, of which at least 20 semester hours or 30 quarter hours
of credit must be in upper-level college courses in that discipline:[; or
satisfactorily completed other equivalent educational requirements as
determined by the Appointed Board.]
(1) Geology or sub-discipline of geology including but not
limited to engineering geology, petroleum geology, hydrogeology, and
environmental geology;[.]
(2) Geophysics; or[.]
(3) Soil science.
(b) An applicant who has not met the education requirement
as set forth in subsection (a) of this section may satisfy the education
requirement by having satisfactorily completed other equivalent edu-
cational requirements as determined by the Appointed Board.
(1) An applicant has satisfactorily completed other equiva-
lent educational opportunities if the applicant has obtained a four year
college or university degree or higher in any field and has completed
at least 30 semester hours or 45 quarter hours of credit in geoscience,
of which at least 20 semester hours or 30 quarter hours of credit is in
upper-level college courses in geoscience.
(2) The Appointed Board may also determine that an indi-
vidual applicant has satisfactorily completed other equivalent educa-
tional requirements after reviewing the applicant's educational creden-
tials.
(c) [(b)] An official transcript (including either grades or mark
sheets and proof that the degree was conferred) shall be provided for
the degree(s) utilized to meet the educational requirements for licen-
sure. Official or notarized copies of transcripts shall be submitted to
the TBPG. Official transcripts shall be forwarded directly to the TBPG
office by the respective registrars. The applicant is responsible for or-
dering and paying for all such transcripts. Additional academic infor-
mation including but not limited to grades and transfer credit shall be
submitted to the TBPG at the request of the Executive Director.
July 7, 2017 42 TexReg 3465
 (d) [(c)] If transcripts cannot be transmitted directly to the
TBPG from the issuing institution, the Executive Director may rec-
ommend alternatives to the Appointed Board for its approval. Such
alternatives may include validating transcripts in the applicant's pos-
session through an Appointed Board-approved commercial evaluation
service.
(e) [(d)] Degrees and coursework earned at foreign universi-
ties shall be acceptable if the degree conferred and coursework have
been determined by a member of the National Association of Credential
Evaluation Services (NACES) to be equivalent to a degree conferred
by or coursework completed in an accredited institution or program.
It is the applicant's responsibility to have degrees and coursework so
evaluated. The commercial evaluation of a degree shall be accepted in
lieu of an official transcript only if the credential evaluation service has
indicated that the credential evaluation was based on a verified official
academic record or transcript.
(f) [(e)] The relevance to the licensing requirements of aca-
demic courses, the titles of which are not self-explanatory, must be
substantiated through course descriptions in official school catalogs,
bulletins, syllabi, or by other means.
(g) [(f)] The Board staff shall accept no coursework which an
applicant's transcript indicates was not completed with a passing grade
or for credit.
(h) [(g)] In evaluating two or more sets of transcripts from a
single applicant, the Board staff shall consider a quarter hour of aca-
demic credit as two-thirds of a semester hour.
851.30. Firm Registration.
(a) Registration required. Unless an exemption applies, as out-
lined in Texas Occupations Code 1002.351(b), a firm or corporation
may engage in the public practice of geoscience only if the firm is cur-
rently registered with the TBPG; and
(1) The geoscience services are performed by, or under the
supervision of, a Professional Geoscientist who is in responsible charge
of the work and who signs and seals all geoscientific reports, docu-
ments, and other records as required by this chapter; or
(2) The business of the firm includes the public practice of
geoscience as determined by TBPG rule and a principal of the firm
or an officer or director of the corporation is a Professional Geosci-
entist and has overall supervision and control of the geoscience ser-
vices performed in this state. As provided in 851.10(24) of this chap-
ter, the term firm includes a sole practitioner registered with TBPG
as a Geoscience Firm, a sole proprietor registered as a Geoscience
Firm, co-partnership, corporation, partnership, limited liability com-
pany, joint stock association, or other business organization. For the
purposes of this section, the term public includes, but is not limited
to, political subdivisions of the state, business entities, and individu-
als. This section does not apply to an engineering firm that performs
service or work that is both engineering and geoscience.
(b) Unless registered by the TBPG or exempt from registration
under Texas Occupations Code 1002.351 or elsewhere in this section,
an individual or firm may not represent to the public that the individual
or firm is a Professional Geoscientist or is able to perform geoscience
services or prepare a geoscientific report, document, or other record
that requires the signature and seal of a license holder under Texas Oc-
cupations Code 1002.263(b).
(c) A currently licensed P.G. who offers services as an unin-
corporated sole proprietor is exempt from the firm registration require-
ments in this section. A P.G. who is exempt from the firm registration
requirements under this section and who offers services under an as-
sumed name must report the assumed name to the TBPG. A P.G. who
42 TexReg 3466 July 7, 2017 Texas Register
is otherwise exempt from the firm registration requirements under this
section may choose to register as a Geoscience Firm and pay the cur-
rent Geoscience Firm registration fee.
(d) Registration requirements. In order to be eligible to regis-
ter as a Geoscience Firm, the firm must:
(1) Affirm and demonstrate that the firm is an unincorpo-
rated sole-proprietorship or another business entity that offers or per-
forms work that includes the public practice of geoscience;
(2) Identify an Authorized Official of a Firm who shall be
responsible for submitting the application for the initial registration of
the firm with the TBPG; ensuring that the firm maintains compliance
with the requirements of registration; [ensuring that the firm complies
with all laws, codes, rules, and standards applicable to the public prac-
tice of geoscience;] ensuring that the firm renews its registration status
as long as the firm offers or provides professional geoscience services;
ensuring that the geoscientist is a currently licensed P.G.; and commu-
nicating with the TBPG regarding any other necessary matter;
(3) Operate under a business model such that:
(A) The geoscience services are performed by, or un-
der the supervision of, a licensed Professional Geoscientist who is in
responsible charge of the work and who ensures that the firm complies
with all laws, codes, rules, and standards applicable to the public prac-
tice of geoscience and who signs and seals all geoscientific reports,
documents, and other records as required by this chapter and ensures
that all geoscientific reports, documents, and other records are signed
and sealed by a licensed Professional Geoscientist; or
(B) The principal business of the firm is the public prac-
tice of geoscience as determined by TBPG rule and a principal of the
firm or an officer or director of the corporation is a licensed Professional
Geoscientist and has overall supervision and control of the geoscience
services performed in this state;
(4) Identify the business model and the Professional Geo-
scientist who fulfills the role of the licensed Professional Geoscientist
in paragraph (3) of this subsection;
(5) Unless the firm is an unincorporated sole-proprietor-
ship, a firm seeking registration with the TBPG must register the firm
with the Office of the Secretary of State (SOS) and obtain a certificate
of authority. If the firm operates under a name other than that which
is filed with the SOS, an Assumed Name Certificate must be filed with
the County Clerk. A firm's SOS certificate of authority number and all
Assumed Name Certificate instrument numbers must be provided to
the TBPG upon initial application. If the firm is a sole-proprietorship
and the firm operates under a name that does not include the last name
of the individual sole proprietor, the firm shall file an Assumed Name
Certificate with the County Clerk;
(6) Submit an Initial Firm Registration Application (Form
C), in accordance to the procedures outlined in subsection (e) of this
section;
(7) Upon initial application, affirm that the licensed Profes-
sional Geoscientist performing or supervising the geoscience services
for a Geoscience Firm is an employee. A Geoscience Firm shall pro-
vide evidence of employment status upon request of the Board staff or
an Appointed Board Member.
(e) Firm Registration Application Process.
(1) The Authorized Official of a Firm shall complete and
submit, along with the required application fee, the form furnished by
the TBPG which includes, but is not limited to, the following informa-
tion listed in subparagraphs (A) - (E) of this paragraph:
 (A) The name, address, and phone number of the firm
offering to engage or engaging in the practice of professional geo-
science for the public in Texas;
(B) The name, position, address, and phone numbers of
each officer or director;
(C) The name, address and current active Texas Profes-
sional Geoscientist license number of each employee performing geo-
science services for the public in Texas on behalf of the firm;
(D) The name, location, and phone numbers of each
subsidiary or branch office offering to engage or engaging in the prac-
tice of professional geoscience for the public in Texas, if any; and
(E) A signed statement attesting to the correctness and
completeness of the application.
(2) Upon receipt of all required materials and fees and hav-
ing satisfied requirements in this section, the firm shall be registered
and a unique Geoscience Firm registration number shall be assigned to
the firm registration. The new firm registration shall expire at the end
of the calendar month occurring one year after the firm registration is
issued.
(3) An application is active for one year including the date
that it is filed with the TBPG. After one year an application expires.
(4) Obtaining or attempting to obtain a firm registration by
fraud or false misrepresentation is grounds for an administrative sanc-
tion and/or penalty.
(5) Applications are not reviewed until the application and
fee have been received in the TBPG office. Applicants are initially
notified of any deficiencies in the application.
(6) Applicants should respond to a deficiency notice within
forty-five (45) days from the date of notification for applicants to cor-
rect deficiencies. If an applicant does not respond to a deficiency notice
or does not ensure that necessary documents are provided to the TBPG
office, the application will expire as scheduled one year after the date
it became active.
(f) The initial certificate of registration shall be valid for a pe-
riod of one year from the date it is issued, plus any days remaining
through the end of that month. A renewed firm registration is valid for
a period of one year from the expiration date of the firm registration
being renewed.
(g) A Geoscience Firm's completed and approved registration
is the legal authority granted the holder to actively offer or practice
professional geoscience upon meeting the requirements as set out in
the Act and TBPG Rules. When a firm registration is issued, a firm
registration wall certificate, the first firm registration certificate expira-
tion card, and the first portable firm registration card is provided to the
new Geoscience Firm. The firm registration wall certificate shall bear
the name of the firm, the firm's unique Geoscience Firm registration
number, and the date the firm registration was originally issued. The
firm registration wall certificate is not valid proof of current registration
as a firm, unless it is accompanied by the firm registration certificate
expiration card and the date on the firm registration certificate card is
not expired. The firm registration certificate expiration card shall bear
the name of the firm, the firm's unique firm registration license number,
and the date the firm registration will expire, unless it is renewed. The
portable firm registration card shall bear the name of the firm, the firm's
unique Geoscience Firm registration number, and the date the registra-
tion will expire, unless it is renewed.
(h) At least sixty (60) days in advance of the date of the expi-
ration, the Board staff shall notify each registered firm of the date of the
PROPOSED RULES
expiration and the amount of the fee that shall be required for its annual
renewal. The registration may be renewed by completing the renewal
application and paying the annual registration renewal fee set by the
Appointed Board. It is the sole responsibility of the firm to pay the re-
quired renewal fee prior to the expiration date, regardless of whether
the renewal notice is received.
(i) A certificate of registration which has been expired for less
than one (1) year may be renewed by completing a Firm Registration
Renewal Application (Form D), along with an affirmation signed by
the Authorized Official of a Firm indicating whether professional geo-
science services were offered, pending, or performed for the public in
Texas when the firm's registration was expired, and payment of a $50
late renewal penalty. If a firm under application for late firm regis-
tration renewal has met the requirements for renewal and has indicated
that the geoscience services were offered, pending, or performed for the
public in Texas while the firm's registration was expired, unless certain
allegations of misconduct are present, the firm's registration shall be
renewed. Information regarding unregistered geoscience practice re-
ceived under this section shall be referred to the enforcement division
for appropriate action that could include the initiation of a complaint
by the Board staff. A firm registration that has been expired for more
than one year is permanently expired and may not be renewed; a new
application is required.
851.80. Fees.
(a) All fees are non-refundable.
(b) P.G. Initial application and license fee--$255.
(c) Examination processing fee--$25.
(d) Applicable examination fees:
(1) Geology--Fundamentals and Practice as determined by
the National Association of State Boards of Geology (ASBOG).
(2) Geophysics--Texas Geophysics Examination--$175.
(3) Soil Science--Fundamentals and Practice as determined
by the Council of Soil Science Examiners (CSSE).
(e) Issuance of a revised or duplicate license--$25.
(f) P.G. renewal fee--$223 or as prorated under 851.28(b) of
this chapter. The fee for annual renewal of licensure for any individual
sixty-five (65) years of age or older, permanently disabled, or under a
significant medical hardship, as determined by the Executive Director
as of the renewal date shall be half the current renewal fee.
(g) Late renewal penalty--$50.
(h) Fee for affidavit of licensure--$15.
(i) Verification of licensure--$15.
(j) Temporary license--$200.
(k) Firm registration initial application--$300.
(l) Firm registration renewal--$300.
(m) Insufficient funds fee--$25.
(n) Initial application for Geoscientist-in-Training certifica-
tion--$25.
(o) Annual renewal of Geoscientist-in-Training certification--
$25.
(p) Texas Geophysics Examination Proctored Review--$50.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
July 7, 2017 42 TexReg 3467
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702457
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 936-4401
SUBCHAPTER D. COMPLIANCE AND
ENFORCEMENT
22 TAC 851.157 - 851.159
The proposed amendments and new rules are authorized by
the Texas Occupations Code 1002.151 which provides that
the Board shall adopt and enforce rules consistent with the
Texas Geoscience Practice Act (the Act); by Occupations Code
1002.154 which provides that Board shall enforce the Act; by
1002.403, which provides that the Board may take specific
disciplinary actions; and by 1002.453, which provides that
the Board adopt rules of procedure for the imposition of an
administrative penalty, and that such rules must conform to the
requirements of Chapter 2001, Government Code.
The proposed amendments and new rules implement the
Texas Occupations Code, 1002.151, 1002.154, 1002.402,
1002.403, 1002.452, and 1002.453.
851.157. Complaints and Confidentiality [Disciplinary Actions].
(a) Who may file a complaint. A complaint may be filed with
the TBPG by a member of the public, a member of the Appointed
Board, or by Board staff. Also, a [Complaints against a person or entity
whose activities are regulated by the TBPG must be made in writing,
sworn to by the person making the complaint, and filed with the Sec-
retary-Treasurer of the Appointed Board at the office of the TBPG in
Austin. A complaint may be filed against any person who: holds a Pro-
fessional Geoscientist license issued by the TBPG and/or is the Autho-
rized Official of a Firm (AOF) registered by the TBPG, is a registered
Geoscience Firm, or holds a certificate as a Geoscientist-in-Training
issued by the TBPG. A complaint may also be filed against a person
or firm that is not licensed or registered with the TBPG alleging that
the person or firm has engaged in the unlicensed or unregistered public
practice or offering of geoscience services in Texas. A] state agency
that becomes aware of a potential violation of the Act or a rule adopted
by the Appointed Board may fulfill the requirements of the Act in Texas
Occupations Code, 1002.207, by filing a formal complaint with the
TBPG or providing the information relating to the potential violation
in writing to Board staff. [Information forwarded by a state agency
that is privileged or confidential remains privileged or confidential fol-
lowing receipt by the TBPG. The privilege or confidentiality extends
to any TBPG communication concerning the information forwarded,
regardless of the form, manner, or content of the communication.]
(b) How to file a complaint. Complaints should be filed with
the Secretary-Treasurer of the Appointed Board at the office of the
TBPG or electronically through the TBPG's website. The TBPG pro-
vides a complaint form that should be used to file a complaint.
(c) Whom complaints may be filed against. A complaint may
be filed against any person or entity who: holds a Professional Geosci-
entist license issued by the TBPG, is a registered Geoscience Firm, or
holds a certificate as a Geoscientist-in-Training issued by the TBPG. A
complaint may also be filed against a person or firm that is not licensed
or registered with the TBPG alleging that the person or firm has en-
42 TexReg 3468 July 7, 2017 Texas Register
gaged in the unlicensed or unregistered public practice or offering of
geoscience services in Texas.
(d) [(b)] A complaint must be filed within two (2) years of the
event giving rise to the complaint. The event giving rise to the com-
plaint is an event from which a concern with geoscience work com-
pleted becomes apparent. Complaints filed after the above stated pe-
riod will not be acted upon by the TBPG unless the Complainant can
show good cause for the late filing.
(e) [(c)] Complaints and investigations under this chapter are
of two types:
(1) Complaints received from a member of the public; and
(2) Complaints and investigations that are initiated by the
Board staff or an Appointed Board Member as a result of information
that becomes known to the Board staff or an Appointed Board Member
and that may indicate a violation.
(f) [(d)] [The TBPG provides a complaint form which should
be used to file a complaint.]
[(1)] A complaint from a member of the public must be:
(1) [(A)] In writing;
(2) [(B)] Sworn to by the person making the complaint; and
(3) [(C)] Submitted to the authorized staff deputy to the
Secretary-Treasurer or electronically through the TBPG's internet web-
site.
(4) [(D)] The Board staff shall accept a complaint regard-
less of whether the complaint is notarized.
(g) [(2)] A complaint that is initiated by a member of the Board
staff or an Appointed Board Member must be:
(1) [(A)] Made in writing; and
(2) [(B)] Signed by the person who became aware of infor-
mation that may indicate a violation.
(h) Confidentiality.
(1) [(e)] The TBPG shall maintain the confidentiality of a
complaint from the time of receipt through the conclusion of the inves-
tigation of the complaint. Complaint information is not confidential
after the date formal charges are filed, which is the date that a notice of
alleged violation (NOV) is issued.
(2) Information submitted to the TBPG that has not been
filed as a complaint and the identity of the person who submits the
information are not confidential.
(3) Confidential information from other state agency. The
TBPG maintains confidentiality or privilege of any confidential infor-
mation submitted by a state agency under Texas Occupations Code,
1002.207. A state agency will inform the TBPG of the confidentiality
or privilege provisions applicable to the information in accordance with
procedures agreed upon between the agencies. If Board staff opens a
complaint based on information it has received, the information be-
comes a part of the complaint record and is subject to the confidential-
ity provisions in Texas Occupations Code, 1002.202, in addition to
any other confidentiality provisions that may apply.
[(f) Except in the case of a suspension under TOC
1002.403(3), the procedures involved in the investigation and dis-
pensation of complaints usually include the following steps, generally
in the following order, as appropriate:]
[(1) Verify that the complaint meets legal requirements;]
 [(2) Verify the identity of the Complainant (if complaint is
not notarized);]
[(3) Open complaint and set up complaint record;]
[(4) Review complaint for TBPG jurisdiction;]
[(5) Review for imminent danger to the public health,
safety, or welfare;]
[(6) Prioritize complaint as required by TOC 1002.154;]
[(7) Provide acknowledgement and notification to Com-
plainant;]
[(8) Investigate complaint/complete confidential investi-
gation report;]
[(9) Review of investigation with the possible outcomes
of:]
[(A) Dismissal of complaint (with or without non-dis-
ciplinary advisory or warning); or]
[(B) Proposed finding of violation and proposed disci-
plinary action;]
[(10) If proposed finding of violation and proposed disci-
plinary action, written notices of violation providing opportunity to
agree (accept proposed Agreed Board Order) or conference informally
or request a hearing, if a hearing is provided for by law;]
[(11) Informal conference that may result in a modification
to the proposed finding of violation and the proposed disciplinary ac-
tion;]
[(12) Hearing with State Office of Administrative Hear-
ings, if provided for by law and requested or scheduled by default, re-
sulting in the issuance of a Proposal For Decision (PFD);]
[(13) Appointed Board review of resulting proposed
Agreed Board Order, Board Order, or PFD. Upon the review of any
proposed Agreed Board Order or Board Order, the Appointed Board
may accept or reject the proposed Order. If a proposed Agreed Order
is rejected, the Appointed Board may dismiss the complaint or direct
Board staff to modify an order and propose the modified Order to a
Respondent for later consideration.]
[(g) The Appointed Board may impose appropriate sanctions
against a Professional Geoscientist, Geoscientist-in-Training, or Geo-
science Firm, as applicable, for:]
[(1) The practice of fraud or deceit in obtaining a Profes-
sional Geoscientist license, Geoscientist-in-Training certification, or
Geoscience Firm registration;]
[(2) Incompetence, misconduct, fraud, gross negligence, or
repeated incidents of negligence in the public practice of geoscience;]
[(3) Conviction of a license holder or GIT of a crime in-
volving moral turpitude or a felony;]
[(4) The imposition of an administrative or civil penalty or
a criminal fine, or imprisonment or probation instead of a fine, for a
misdemeanor relating to or arising out of the public practice of geo-
science;]
[(5) The issuance of a cease and desist order or a similar
sanction relating to or arising out of the public practice of geoscience;]
[(6) Using the seal of another license holder or using or
allowing the use of the license holder's seal on geoscientific work not
performed by or under the supervision of the license holder;]
PROPOSED RULES
[(7) Aiding or abetting a person or firm in a violation of
this chapter;]
[(8) The revocation or suspension of a license or firm reg-
istration, the denial of renewal of a license or registration, or other dis-
ciplinary action taken by a state agency, Board of registration, or sim-
ilar licensing agency for Professional Geoscientists, Geoscientists-in-
Training, Geoscience Firms, or a profession or occupation related to
the public practice of geoscience;]
[(9) Practicing or offering to practice geoscience or repre-
senting to the public that the person or the person's firm or corporation
is licensed or registered or qualified to practice geoscience if the person
or firm is not licensed or registered under the Act or the person's firm
or corporation does not employ a Professional Geoscientist as required
under the Act; or]
[(10) Violating the Act, a rule adopted under the Act, in-
cluding the Code of Professional Conduct, or a comparable provision
of the laws or rules regulating the practice of geoscience in another
state or country.]
[(h) The Appointed Board may take the following disciplinary
actions:]
[(1) Refuse to issue or renew a license;]
[(2) Permanently revoke a license;]
[(3) Suspend a license for a specified time, not to exceed
three years, to take effect immediately notwithstanding an appeal if the
Appointed Board determines that the license holder's continued prac-
tice constitutes an imminent danger to the public health, safety, or wel-
fare;]
[(4) Issue a public or private reprimand to an applicant, a
license holder, or an individual, firm, or corporation practicing geo-
science under this chapter;]
[(5) Impose limitations, conditions, or restrictions on the
practice of an applicant, a license holder, or an individual, firm, or cor-
poration practicing geoscience under this chapter;]
[(6) Require that a license holder participate in a peer re-
view program under rules adopted by the Appointed Board;]
[(7) Require that a license holder obtain remedial education
and training prescribed by the Appointed Board;]
[(8) Impose probation on a license holder requiring regular
reporting to the Appointed Board;]
[(9) Require restitution, in whole or in part, of compensa-
tion or fees earned by a license holder, individual, firm, or corporation
practicing geoscience under the Act;]
[(10) Impose an appropriate administrative penalty as pro-
vided by TOC Chapter 1002, Subchapter J for a violation of this chapter
or a rule adopted under this chapter on a license holder or a person who
is not licensed and is not exempt from licensure under the Act; or]
[(11) Issue a cease and desist order.]
[(i) Allegations and disciplinary actions will be set forth in the
final Order and the severity of the disciplinary action will be based on
the factors listed in paragraphs (1) - (9) of this subsection:]
[(1) The seriousness of the acts or omissions;]
[(2) The number of prior disciplinary actions taken against
the respondent;]
[(3) The severity of penalty necessary to deter future vio-
lations;]
July 7, 2017 42 TexReg 3469
 [(4) Efforts or resistance to correct the violations;]
[(5) Any hazard to the health, safety, property or welfare of
the public;]
[(6) Any actual damage, physical or otherwise, caused by
the violations;]
[(7) Any economic benefit gained through the violations;]
[(8) The economic harm to property or the environment
caused by the violation; or]
[(9) Any other matters impacting justice and public wel-
fare.]
[(j)] [The Appointed Board shall consider the following fac-
tors in determining the amount of an administrative penalty assessed
by the Appointed Board:]
[(1) An administrative penalty shall not exceed the dollar
amount specified in the Act for each violation. Each day a violation
continues is a separate violation for the purposes of imposing a penalty.]
[(2) The amount of an administrative penalty shall be based
on:]
[(A) The seriousness of the violation, including:]
[(i) The nature, circumstances, extent, and gravity
of any prohibited acts; and]
[(ii) The hazard or potential hazard created to the
health, safety, or economic welfare of the public;]
[(B) The economic harm to property or the environment
caused by the violation;]
[(C) The history of previous violations;]
[(D) The disciplinary action or amount of administra-
tive penalty necessary to deter a future violation;]
[(E) Efforts or resistance to correct the violation; and]
[(F) Any other matter that justice may require.]
(4) [(k)] If a complaint is determined to be frivolous or
without merit, the complaint and other information related to the com-
plaint are confidential. The information is not subject to discovery, sub-
poena, or other disclosure. A complaint is considered to be frivolous
if the Executive Director and investigator, with Appointed Board ap-
proval, determine that the complaint:
(A) [(1)] Was made for the likely purpose of harass-
ment; and
(B) [(2)] Does not demonstrate apparent harm to any
person.
[(l) All disciplinary actions shall be permanently recorded and
made available upon request as public information.]
851.158. Procedures.
Procedures generally. Except for a suspension under TOC
1002.403(3), the procedures for investigation and dispensation of
complaints are as follows:
(1) Staff action.
(A) Verify that the complaint meets legal requirements;
(B) Verify the identity of the complainant (if complaint
is not notarized);
(C) Open complaint and set up complaint record;
42 TexReg 3470 July 7, 2017 Texas Register
(D) Review complaint for TBPG jurisdiction;
(E) Review for imminent danger to the public health,
safety, or welfare;
(F) Prioritize complaint as required by TOC 1002.154;
(G) Provide acknowledgement and notification to com-
plainant;
(H) Investigate complaint and complete confidential in-
vestigation report;
(2) Complaint review team. Review of complaint and in-
vestigation with the possible outcomes of:
(A) Dismissal of complaint (with or without non-disci-
plinary advisory or warning); or
(B) Issue notice of alleged violation-proposed finding
of violation and proposed disciplinary action.
(3) Notice of alleged violation.
(A) The notice of alleged violation will state the facts
or conduct alleged to warrant disciplinary action, identify the proposed
disciplinary action, provide the opportunity for an informal conference
to show compliance with all requirements of law, and provide the op-
portunity for a contested-case hearing.
(B) The notice of alleged violation will provide four op-
tions:
(i) Accept the proposed findings and proposed dis-
ciplinary action by signing and returning the enclosed proposed Board
order;
(ii) Request an informal conference and a contested-
case hearing;
(iii) Request a contested-case hearing; and
(iv) Waiver of the right to an informal conference
and a contested-case hearing.
(C) Waiver and default.
(i) To proceed to issue a default order, the notice
of alleged violation must state the following in capital letters in at
least 12-point bold-face type: FAILURE TO TIMELY RESPOND
TO THIS NOTICE BY TIMELY REQUESTING EITHER AN
INFORMAL CONFERENCE AND A CONTESTED-CASE HEAR-
ING OR A CONTESTED-CASE HEARING WILL RESULT IN
THE ALLEGATIONS BEING ADMITTED AS TRUE AND THE
RECOMMENDED SANCTION BEING GRANTED BY DEFAULT.
YOU MUST RESPOND AND REQUEST A HEARING IN WRIT-
ING WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE OR YOU
WAIVE YOUR RIGHT TO A HEARING.
(ii) Additionally, to proceed to issue a default order,
the notice of alleged violation must also state the following: If you fail
to request a hearing in writing within 30 days of receipt of this notice
you will be deemed to have admitted the factual allegations in this no-
tice, waived the opportunity to show compliance with the law, waived
the right to a hearing, and waived objection to the recommended sanc-
tion.
(iii) If a person fails to file a written request for a
contested-case hearing within 30 days of receipt of the notice of al-
leged violation, the person will be deemed to have admitted the factual
allegations in the notice of alleged violation, waived the opportunity
to show compliance with the law, waived the right to a hearing, and
waived objection to the recommended sanction.
 (iv) If a person responds and waives the right to an
informal conference and a contested-case hearing or fails to file a writ-
ten request for either an informal conference and a contested-case hear-
ing or a contested-case hearing within 30 days of receipt of the notice
of alleged violation, the Board shall proceed to resolve the matter on
an informal basis by issuing a default order.
(D) The Board may serve the notice of alleged violation
by sending it to the person's last known address as shown by the Board's
records.
(E) The notice of alleged violation shall be sent by first
class or certified mail to the person's last known address as shown by
the Board's records, and in addition should also be sent to the person's
email address as shown by the Board's records.
(4) Informal conference.
(A) The informal conference will be informal and will
not follow procedures for contested cases.
(B) The informal conference panel may be composed of
Board staff and Board members. The panel may limit attendance and
the time allotted for the informal conference.
(C) The informal conference is an opportunity for a per-
son to show compliance with law. The person may speak and provide
documents for the panel's consideration.
(D) The informal conference panel may recommend
proposed action to be taken by the Board. The proposed action may
be different from that stated in the notice of alleged violation.
(5) Contested-case hearing. If a person timely and properly
requests a contested-case hearing, one shall be set at the State Office of
Administrative Hearing.
(6) Board order. Except for dismissals, the Board should
resolve complaints by order. The Board may accept or reject any pro-
posed order. If a proposed order is rejected, the Board may among other
things dismiss the complaint, direct Board staff to modify an order and
propose the modified order for later consideration, or direct that the
matter be set for a contested-case hearing.
(7) All disciplinary actions shall be permanently recorded.
Except for private reprimands, all disciplinary actions shall be placed
on the TBPG's website and made available upon request as public in-
formation.
851.159. Sanctions.
(a) The Appointed Board may impose appropriate sanctions
against a Professional Geoscientist, Geoscientist-in-Training, or Geo-
science Firm, as applicable, for:
(1) The practice of fraud or deceit in obtaining a Profes-
sional Geoscientist license, Geoscientist-in-Training certification, or
Geoscience Firm registration;
(2) Incompetence, misconduct, fraud, gross negligence, or
repeated incidents of negligence in the public practice of geoscience;
(3) Conviction of a license holder or GIT of a crime involv-
ing moral turpitude or a felony;
(4) The imposition of an administrative or civil penalty or
a criminal fine, or imprisonment or probation instead of a fine, for a
misdemeanor relating to or arising out of the public practice of geo-
science;
(5) The issuance of a cease and desist order or a similar
sanction relating to or arising out of the public practice of geoscience;
PROPOSED RULES
(6) Using the seal of another license holder or using or al-
lowing the use of the license holder's seal on geoscientific work not
performed by or under the supervision of the license holder;
(7) Aiding or abetting a person or firm in a violation of this
chapter;
(8) The revocation or suspension of a license or firm regis-
tration, the denial of renewal of a license or registration, or other dis-
ciplinary action taken by a state agency, Board of registration, or sim-
ilar licensing agency for Professional Geoscientists, Geoscientists-in-
Training, Geoscience Firms, or a profession or occupation related to
the public practice of geoscience;
(9) Practicing or offering to practice geoscience or repre-
senting to the public that the person or the person's firm or corporation
is licensed or registered or qualified to practice geoscience if the person
or firm is not licensed or registered under the Act or the person's firm
or corporation does not employ a Professional Geoscientist as required
under the Act; or
(10) Violating the Act, a rule adopted under the Act, in-
cluding the Code of Professional Conduct, or a comparable provision
of the laws or rules regulating the practice of geoscience in another
state or country.
(b) The Appointed Board may take the following disciplinary
actions:
(1) Refuse to issue or renew a license;
(2) Permanently revoke a license;
(3) Suspend a license for a specified time, not to exceed
three years, to take effect immediately notwithstanding an appeal if the
Appointed Board determines that the license holder's continued prac-
tice constitutes an imminent danger to the public health, safety, or wel-
fare;
(4) Issue a public or private reprimand to an applicant, a
license holder, or an individual, firm, or corporation practicing geo-
science under this chapter;
(5) Impose limitations, conditions, or restrictions on the
practice of an applicant, a license holder, or an individual, firm, or cor-
poration practicing geoscience under this chapter;
(6) Require that a license holder participate in a peer review
program under rules adopted by the Appointed Board;
(7) Require that a license holder obtain remedial education
and training prescribed by the Appointed Board;
(8) Impose probation on a license holder requiring regular
reporting to the Appointed Board;
(9) Require restitution, in whole or in part, of compensa-
tion or fees earned by a license holder, individual, firm, or corporation
practicing geoscience under the Act;
(10) Impose an appropriate administrative penalty as pro-
vided by TOC Chapter 1002, Subchapter J for a violation of this chapter
or a rule adopted under this chapter on a license holder or a person who
is not licensed and is not exempt from licensure under the Act; or
(11) Issue a cease and desist order.
(c) Allegations and disciplinary actions will be set forth in the
final order and the severity of the disciplinary action will be based on
the factors listed in paragraphs (1) - (9) of this subsection:
(1) The seriousness of the acts or omissions;
July 7, 2017 42 TexReg 3471
 (2) The number of prior disciplinary actions taken against
the respondent;
(3) The severity of penalty necessary to deter future viola-
tions;
(4) Efforts or resistance to correct the violations;
(5) Any hazard to the health, safety, property or welfare of
the public;
(6) Any actual damage, physical or otherwise, caused by
the violations;
(7) Any economic benefit gained through the violations;
(8) The economic harm to property or the environment
caused by the violation; or
(9) Any other matters impacting justice and public welfare.
(d) The Appointed Board shall consider the following factors
in determining the amount of an administrative penalty assessed by the
Appointed Board:
(1) An administrative penalty shall not exceed the dollar
amount specified in the Act for each violation. Each day a violation
continues is a separate violation for the purposes of imposing a penalty.
(2) The amount of an administrative penalty shall be based
on:
(A) The seriousness of the violation, including:
(i) The nature, circumstances, extent, and gravity of
any prohibited acts; and
(ii) The hazard or potential hazard created to the
health, safety, or economic welfare of the public;
(B) The economic harm to property or the environment
caused by the violation;
(C) The history of previous violations;
(D) The disciplinary action or amount of administrative
penalty necessary to deter a future violation;
(E) Efforts or resistance to correct the violation; and
(F) Any other matter that justice may require.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702462
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 936-4401
want of prosecution, any relevant application will be withdrawn, and
22 TAC 851.158
The proposed repeal of 22 TAC 851.158 is authorized by the
Texas Occupations Code 1002.151 which provides that the
Board shall adopt and enforce rules consistent with the Texas
Geoscience Practice Act (the Act).
The proposed repeal implements the Texas Occupations Code,
1002.151.
42 TexReg 3472 July 7, 2017 Texas Register
851.158. Actions Against Non-License Holders.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702460
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 936-4401
SUBCHAPTER E. HEARINGS--CONTESTED
CASES AND JUDICIAL REVIEW
22 TAC 851.203, 851.220
The proposed amendment and new rule are authorized by
the Texas Occupations Code 1002.151, which provides that
the Board shall adopt and enforce rules consistent with the
Texas Geoscience Practice Act (the Act); by Occupations Code
1002.154, which provides that Board shall enforce the Act; by
1002.403, which provides that the Board may take specific
disciplinary actions; and by 1002.453, which provides that
the Board adopt rules of procedure for the imposition of an
administrative penalty, and that such rules must conform to the
requirements of Chapter 2001, Government Code.
The proposed amendment and new rule implement the Texas
Occupations Code, 1002.151, 1002.154, 1002.403, and
1002.453.
851.203. Defaults.
(a) The Board may serve the notice of hearing on the respon-
dent by sending it to his or her last known address as shown by the
Board's records.
(b) Default. If the party who does not have the burden of proof
fails to appear at a contested-case hearing at the State Office of Admin-
istrative Hearings, the administrative law judge may issue a default
proposal for decision that can be adopted by the Board.
(c) Failure to issue default proposal for decision. If the admin-
istrative law judge grants a default but does not issue a default proposal
for decision and instead issues an order dismissing the case and return-
ing the file to the Board for informal disposition on a default basis in
accordance with section 2001.056 of the Texas Government Code, the
allegations in the notice of hearing will be deemed as true and proven
and the Board will issue a final order imposing a sanction requested in
the notice of hearing.
(d) Failure to prosecute. If an applicant for licensure fails to
appear at a contested case hearing at the State Office of Administra-
tive Hearings, the administrative law judge must dismiss the case for
the Board may not consider a subsequent application from the party un-
til the first anniversary of the date of dismissal of the case at the State
Office of Administrative Hearings. If the administrative law judge dis-
misses the case and returns the file to the Board for informal disposition
on a default basis in accordance with 2001.056 of the Texas Govern-
ment Code, the Board will issue a final order referring to this rule and
advising the applicant that the application was withdrawn and the ap-
plicant may reapply for licensure one year after the date the Board signs
the final order.
 (e) Applicants for licensure bear the burden to prove fitness for
licensure.
(f) [(d)] Contesting a final order issued following a default or
dismissal for failure to prosecute. In the event that the respondent or ap-
plicant wishes to contest a final order issued following a default or dis-
missal for failure to prosecute, the respondent or applicant must timely
file a motion for rehearing as provided by Chapter 2001 of the Texas
Government Code, and the motion for rehearing must show the follow-
ing:
(1) the default was neither intentional nor the result of con-
scious indifference;
(2) the respondent or applicant has a meritorious case or
defense;
(3) a new hearing will not harm [cause delay or otherwise
injure] the Board; and
(4) the motion for rehearing must be supported by affi-
davits and documentary evidence of the above and show a prima facie
case in the movant's favor. [for a meritorious defense.]
[(e) Failure to Prosecute. If a party who does not represent
TBPG Board or staff and who has the burden of proof fails to appear at
a contested case hearing at the State Office of Administrative Hearings,
the administrative law judge must dismiss the case for want of prose-
cution, any relevant application will be withdrawn, and the Board may
not consider a subsequent petition from the party until the first anniver-
sary of the date of dismissal of the case.]
[(f) Applicants for licensure bear the burden to prove fitness
for licensure.]
851.220. Judicial Review Procedures.
(a) A timely motion for rehearing is a prerequisite to judicial
review and must be filed in accordance with chapter 2001 of the Texas
Government Code.
(b) The motion for rehearing may be filed by mail to the
Board's mailing address, in person at the Board's street address, or by
fax to the Board's fax number.
(c) Standard for rehearing following a default dismissal. In the
event that the respondent wishes to contest a final order issued follow-
ing a default, the respondent must timely file a motion for rehearing
as provided by Chapter 2001 of the Texas Government Code, and the
motion for rehearing must show the following:
(1) the default was neither intentional nor the result of con-
scious indifference;
(2) the respondent has a meritorious defense;
(3) a new hearing will not harm the Board; and
(4) the motion for rehearing must be supported by affi-
davits and documentary evidence of the above and show a prima facie
case for a meritorious defense.
(d) Standard for rehearing following a dismissal for failure to
prosecute. In the event that the applicant wishes to contest a final order
issued following a dismissal for failure to prosecute, the respondent
must timely file a motion for rehearing as provided by Chapter 2001 of
the Texas Government Code, and the motion for rehearing must show
the following:
(1) the dismissal for failure to prosecute was neither inten-
tional nor the result of conscious indifference;
(2) the applicant has a meritorious application;
PROPOSED RULES
(3) a new hearing will not harm the Board; and
(4) the motion for rehearing must be supported by affi-
davits and documentary evidence of the above and show a prima facie
case for a meritorious application.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702463
Charles Horton
Executive Director
Texas Board of Professional Geoscientists
Earliest possible date of adoption: August 6, 2017
For further information, please call: (512) 936-4401
TITLE 34. PUBLIC FINANCE
PART 4. EMPLOYEES RETIREMENT
SYSTEM OF TEXAS
CHAPTER 67. HEARINGS ON DISPUTED
CLAIMS
34 TAC 67.201
The Employees Retirement System of Texas (ERS) proposes
amendments to 34 Texas Administrative Code (TAC) Chapter
67, concerning Hearings on Disputed Claims, by amending
67.201, concerning Procedures Governing Bid Protests.
Section 67.201, Procedures Governing Bid Protests, is proposed
to be amended to update the roles of ERS staff involved in the bid
protest process due to the reorganization of procurement func-
tions within ERS. It is proposed that vendors will file formal bid
protests with the Director of Procurement and Contract Over-
sight. The proposed amendment also directs when a protest
must be filed in order to be filed timely and takes into consider-
ation recent updates to the Comptroller of Public Accounts' bid
protest rules.
The amendment further proposes to broaden when a protesting
party may be required to post a bond. Currently bonds may only
be required if ERS utilizes professional actuarial services in con-
nection with any recommendation to award a contract to a ven-
dor. The proposed amendment permits ERS to require a bond
when it is necessary for ERS to utilize professional services by
actuaries, consultants or other professionals in its efforts to re-
solve the protest. Posting of a bond in these instances is in the
best interest of the expenditure of ERS' trust funds and is nec-
essary to limit or prevent the filing of protests that are frivolous,
filed in bad faith, filed for the purpose of delaying the solicitation
and/or award process, or for other reasons not supported by ap-
plicable law and facts.
Ms. Paula A. Jones, Deputy Executive Director and General
Counsel, has determined that for the first five-year period the
rules are in effect, there will be no fiscal implication for state gov-
ernment or local government as a result of enforcing or adminis-
tering the rules. There are no known anticipated economic costs
to persons who are required to comply with the rules as proposed
unless a person filing a bid protest is required to post bond and
July 7, 2017 42 TexReg 3473
forfeits same upon losing the protest, and, to her knowledge,
small businesses should not be affected except potentially for
the bond requirement to the extent necessary to comply with the
amendment.
Ms. Jones also determined that for each year of the first five
years the rules are in effect the public benefit anticipated as a
result of enforcing the rules would be clarification of protest pro-
cedures reflecting that the ERS Office of Procurement and Con-
tract Oversight now has primary responsibility to oversee any
bid protests, which further streamlines the process. Enforcing
the rules will also ensure that the trust fund may be made whole
in the event protests are filed in bad faith, are frivolous or other-
wise are done for purposes of delay.
Comments on the proposed rule amendments may be submit-
ted to Paula A. Jones, Deputy Executive Director and General
Counsel, Employees Retirement System of Texas, P.O. Box
13207, Austin, Texas 78711-3207, or by email to Ms. Jones
at paula.jones@ers.state.tx.us. The deadline for receiving
comments is Monday, August 7, 2017, at 10:00 a.m.
The amendments are proposed under Texas Government Code
815.102(a)(4) and (5), which provide authorization for the ERS
Board of Trustees to adopt rules for hearings on contested cases
or disputed claims and the transaction of any other business of
the Board.
No other statutes are affected by the proposed amendments.
67.201. Procedures Governing Bid Protests.
(a) A vendor who is aggrieved by the solicitation, evaluation,
or award of a contract by ERS, hereinafter referred to as the Protest-
ing Party, may file a formal protest with the Director of Procurement
and Contract Oversight of ERS [ERS Chief Financial Officer]. Such
protests must be in writing and received in the Office of Procurement
and Contract Oversight [ERS Chief Financial Officer's office] within
the time stated in subsection (d) of this section [10 calendar days after
the Protesting Party knows, or reasonably should have known, of the
occurrence of the action that is protested]. Formal protests must con-
form to the requirements of this subsection, subsection (c), subsection
(d), and, when applicable, subsection (e) [(d)] of this section, and shall
be resolved in accordance with the procedure set forth in subsections
(f) - (m) [(f), (g) and (h)] of this section. Copies of the protest must be
mailed or delivered by the Protesting Party to ERS and other Interested
Parties. For the purposes of this section, "Interested Parties" means
all vendors who have submitted bids or proposals for the applicable
contract. The protest must be mailed or delivered to Interested Parties
contemporaneously with filing the protest with the Director of Procure-
ment and Contract Oversight of ERS [ERS' Chief Financial Officer].
(b) In the event of a timely protest or appeal under this section,
ERS shall not proceed further with the solicitation or with the award
of the contract unless the [ERS] Executive Director of ERS makes a
[written] determination that the award of the contract or implementa-
tion of the contract without delay are necessary to protect the best in-
terests of ERS.
(c) A formal protest must be sworn and, under the penalties of
perjury, contain:
(1) a specific identification of the statutory or regulatory
provision(s) that the action complained of is alleged to have violated;
(2) a specific description of each act alleged to have vio-
lated the statutory or regulatory provision(s) identified in paragraph (1)
of this subsection;
(3) a precise statement of the relevant facts;
42 TexReg 3474 July 7, 2017 Texas Register
(4) an identification of the issue or issues to be resolved;
and
(5) argument and authorities in support of the protest.
(d) To be considered timely, the protest must be filed:
(1) by the end of the posted solicitation period, if the protest
concerns the solicitation documents or actions associated with the pub-
lication of solicitation documents; or
(2) no later than 10 calendar days after the notice of award,
if the protest concerns the award.
(e) [(d)] [If ERS utilized the professional services of an actu-
ary in connection with any recommendation to award the contract to a
vendor, then this subsection shall apply.] If ERS determines that it may
need to utilize the services of an actuary, consultant, or another profes-
sional (Professional Services) in its efforts to resolve the protest, the
Protesting Party shall be required to post a bond in an amount no less
than the estimated cost to ERS for such Professional Services [actuarial
services]. The amount of the bond shall be determined in the sole dis-
cretion of ERS [by the ERS Chief Financial Officer]. The Protesting
Party shall post the bond within five calendar days of notice from ERS
that such bond is required or shall be deemed to have waived the right
to protest.
(1) If such Professional Services [actuarial services] are
utilized by ERS and the bid protest is not finally resolved in favor of
the Protesting Party, the Protesting Party shall be required to forfeit its
bond.
(2) If such Professional Services [actuarial services] are not
utilized by ERS and/or the bid protest is finally resolved in favor of the
Protesting Party, the Protesting Party's bond shall be returned to the
Protesting Party after final resolution of the bid protest.
(f) The Director of Procurement and Contract Oversight of
ERS may accept written responses to the protest from Interested Par-
ties and ERS staff.
(g) [(e)] The Director of Procurement and Contract Oversight
of ERS [ERS Chief Financial Officer] may confer with the [ERS] Gen-
eral Counsel of ERS [and/or Director of Procurement] in his/her review
of the protest.
(h) [(f)] The Director of Procurement and Contract Oversight
of ERS [ERS Chief Financial Officer] shall have the authority to settle
and resolve the protest [dispute concerning the solicitation or award
of a contract, and may accept written responses to the protest from
Interested Parties and ERS staff].
(i) [(g)] If the protest is not resolved by mutual agreement, the
Director of Procurement and Contract Oversight of ERS [ERS Chief
Financial Officer] will issue a written determination on the protest.
(1) If the Director of Procurement and Contract Oversight
of ERS [ERS Chief Financial Officer] determines that no violation of
rules or statutes has occurred, he/she shall so inform the Protesting
Party and Interested Parties by letter that sets forth the reasons for the
determination.
(2) If the Director of Procurement and Contract Oversight
of ERS [ERS Chief Financial Officer] determines that a violation of the
rules or statutes has occurred in a case where a contract has not been
awarded, he/she shall so inform the Protesting Party and Interested Par-
ties by letter which sets forth the reasons for the determination and the
appropriate remedial action.
(j) [(h)] The determination of a protest by the Director of Pro-
curement and Contract Oversight [ERS Chief Financial Officer's deter-
mination on a protest] may be appealed by the Protesting Party to the
[ERS] Deputy Executive Director of ERS. An appeal of the [ERS Chief
Financial Officer's] determination by the Director of Procurement and
Contract Oversight of ERS must be in writing and must be received in
the office of the [ERS] Deputy Executive Director of ERS [Director's
office] no later than 10 calendar days after the date of the [ERS Chief
Financial Officer's] determination by the Director of Procurement and
Contract Oversight. The appeal shall be limited to the review of the
determination by the Director of Procurement and Contract Oversight
[ERS Chief Financial Officer's determination]. Copies of the appeal
must be mailed or delivered by the Protesting Party to ERS and In-
terested Parties contemporaneously with filing the appeal to the [ERS]
Deputy Executive Director of ERS. The appeal must contain a certified
statement that such copies have been served on all parties as required
by this subsection.
(k) [(i)] The [ERS] Deputy Executive Director of ERS may
confer with the [ERS] General Counsel of ERS [and/or Director of
Procurement] in his/her review of the matter appealed.
(l) An appeal that is not filed timely shall not be considered
unless good cause for delay is shown. The Deputy Executive Director
shall determine if good cause exists. Good Cause means that a person's
failure to act was not because of a lack of due diligence the exercise
PROPOSED RULES
of which would have caused a reasonable person to take prompt and
timely action. A failure to act based on ignorance of the law or facts
reasonably discoverable through the exercise of due diligence does not
constitute good cause.
(m) [(j)] A decision issued in writing by the [ERS] Deputy
Executive Director of ERS shall be the final administrative action of
ERS, and no further appeal shall be permitted.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702452
Paula A. Jones
Deputy Executive Director and General Counsel
Employees Retirement System of Texas
Earliest possible date of adoption: August 6, 2017
For further information, please call: (877) 275-4377
July 7, 2017 42 TexReg 3475
TITLE 1. ADMINISTRATION
PART 15. TEXAS HEALTH AND
HUMAN SERVICES COMMISSION
CHAPTER 377. CHILDREN'S ADVOCACY
PROGRAMS
ADOPTION PREAMBLE
The Texas Health and Human Service Commission (HHSC)
adopts new Chapter 377, concerning Children's Advocacy Pro-
grams. HHSC adopts new Subchapter A, concerning General
Provisions, comprising new 377.1, concerning Definitions.
Section 377.1 is adopted with changes to the proposed text
published in the December 23, 2016, issue of the Texas Register
(41 TexReg 10043) and will be republished.
HHSC adopts new Subchapter B, concerning Standards of
Operation for Local Court-Appointed Volunteer Advocate Pro-
grams. Within Subchapter B, HHSC adopts new 377.101,
377.105, and 377.111 without changes to the proposed text
published in the December 23, 2016, issue of the Texas Register
(41 TexReg 10043). HHSC adopts new 377.103, 377.107,
377.109, 377.113, 377.115, and 377.1117 with changes to the
proposed text published in the December 23, 2016, issue of the
Texas Register (41 TexReg 10043). Sections 377.103, 377.107,
377.109, 377.113, 377.115, and 377.117 will be republished.
HHSC adopts new Subchapter C, concerning Standards of
Operation for Local Children's Advocacy Centers. Within Sub-
chapter C, HHSC adopts new 377.203 and 377.205 without
changes to the proposed text published in the December 23,
2016, issue of the Texas Register (41 TexReg 10043). HHSC
adopts new 377.201, 377.207, 377.209, and 377.211 with
changes to the proposed text published in the December 23,
2016, issue of the Texas Register (41 TexReg 10043). Sections
377. 201, 377.207, 377.209, and 377.211 will be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill 354, 84th Legislature, Regular Session, 2015,
amends Texas Family Code Chapter 264, Subchapters E and
G, transferring the authority to contract with statewide support
organizations for child advocacy centers and volunteer advocate
programs from the Office of the Attorney General to HHSC. The
transfer became effective September 1, 2015.
The proposed rules provide standards and procedures regard-
ing the function and administration of local programs and pro-
vide procedures and guidance in the application for, awarding of,
and performance standards required for, contracts between the
statewide organization and the local programs. HHSC intends
these rules to replace the rules currently codified in Texas Admin-
istrative Code Title 1, Part 3, Chapter 64 (relating to Standards
of Operation for Local Court-Appointed Volunteer Advocate Pro-
grams) and Chapter 65 (relating to Standards of Operation for
Local Children's Advocacy Centers), which provide that the Of-
fice of Attorney General administer the local court-appointed vol-
unteer advocate programs and local children's advocacy center
standards.
COMMENTS
The 30-day comment period ended on January 23, 2017.
During this period, HHSC received comments regarding the
proposed new rules from Texas Court Appointed Special Ad-
vocates (CASA). A summary of comments relating to the rules
and HHSC's responses to those comments follows.
Comment: The commenter suggests changing 377.1(5)(B),
which defines the term "participating agency or entity/public
agency partner," to say "local children's advocacy program"
instead of "local children's advocacy center."
Response: HHSC agrees and will revise the rule accordingly.
Comment: The commenter suggests changing 377.109(b)(2),
which describes how the local judiciary may demonstrate sup-
port for a local volunteer advocate program, by inserting after
"signed written agreement" the clause "that defines the work-
ing relationship." The commenter states that the phrase "signed
written agreement," without more, could refer to any type of doc-
ument.
Response: HHSC agrees and will revise the rule accordingly.
Comment: The commenter states that 377.109(b)(3) should
reference paragraph (1)(D) instead of (1)(C).
Response: HHSC agrees and will revise the rule accordingly.
Comment: In 377.109(c)(3), the commenter suggests chang-
ing the word "families" to "families or kin" to allow a local volun-
teer advocate program to provide services that encourage per-
manent placement of children with extended family members as
well as "fictive kin." The commenter also suggests deleting the
phrase "through reunification" to broaden the local volunteer ad-
vocate program's objectives.
Response: HHSC partially agrees and will revise the rule to in-
clude families and "relatives" and to delete "through reunifica-
tion." HHSC declines to add "fictive kin," as that term is not de-
fined in these rules.
Comment: In 377.113(a)(9), the commenter suggests using
the phrase "community members" instead of "clients." The com-
menter states that CASA programs do not have clients per se,
but family members, stakeholders, and other "community mem-
bers" may have a grievance.
Response: HHSC agrees and will revise the rule accordingly.
ADOPTED RULES July 7, 2017 42 TexReg 3477
Comment: In 377.113(c)(3), the commenter suggests using the
phrase "may sever its relationship with a volunteer" instead of
"may not retain a volunteer."
Response: HHSC agrees and will revise the rule to state "may
terminate a relationship with a volunteer."
Comment: In 377.113(c)(3), the commenter also suggests
changing "the policies of the local volunteer advocate program"
to "critical policies of the local volunteer organization." The
commenter opines that a local program should have discretion
to retain an individual who has deviated from a policy "in a minor
way."
Response: HHSC disagrees and declines to revise the rule as
suggested, because the phrase "critical policies" is not clear on
its face, is not defined, and is not used elsewhere in the rules.
Comment: In 377.115(a)(2), the commenter suggests using
the phrase "new employees" instead of "prospective employ-
ees." The commenter indicates that it would not have prospec-
tive employees complete an employee handbook acknowledg-
ment form.
Response: HHSC agrees and will revise the rule accordingly.
Comment: In 377.115(b)(2)(C), the commenter suggests
adding to the list of the individuals a volunteer may interview
"service providers, and persons with knowledge of the case."
Response: HHSC agrees in general, but has added the phrase
"service providers and persons with knowledge of the case" as
examples of "appropriate parties" rather than listing them as sep-
arate from "appropriate parties."
Comment: In 377.115(b)(3)(A), the commenter suggests ex-
tending the ban on a volunteer taking a child "home" to include
any home other than where the child lives or for an approved
visit. In the commenter's view, the rule as written is too narrow.
Response: HHSC disagrees with the specific language the com-
menter suggested but did broaden this subparagraph by revising
the phrase "[a] volunteer may not take a child home" to "[a] vol-
unteer may not take a child to any location not pre-approved by
the advocate program."
Comment: In 377.115(e)(3), the commenter suggests modify-
ing the phrase "training program" with the phrase "volunteer ad-
vocate."
Response: HHSC agrees and will revise the rule accordingly.
HHSC also revised paragraph (4) to be consistent with the other
paragraphs in this subsection.
Comment: In 377.117(a)(1)(A), the commenter suggests delet-
ing the requirement that a volunteer, employee, and director's
background check be conducted "every two years" after the ini-
tial background check. The commenter indicates that, as back-
ground checks are currently done, they include continuous up-
dates. A program is notified of any abuse allegation or criminal
activity within 48 hours. Consequently, programs do not need to
re-run the background check.
Response: HHSC agrees and will revise the rule accordingly.
Comment: The commenter suggests combining
377.117(a)(1)(A) and (B) because the fingerprint search
conducted by the Texas Department of Public Safety includes a
search conducted by the Federal Bureau of Investigations.
Response: HHSC agrees in part and will revise the rule to pro-
vide that a background check must be performed on each vol-
42 TexReg 3478 July 7, 2017 Texas Register
unteer, employee, or director no longer than every two years af-
ter the initial check. This will allow for background checks to be
continuous but will also allow a local volunteer advocate program
that does not have access to continuous updates to continue us-
ing its current background check schedule.
Comment: In 377.117(a)(3), the commenter suggests using the
phrase "For an individual authorized to transport children, the
local children's advocacy program must" in place of "Positions
involving driving require."
Response: HHSC agrees and will revise the rule using the
phrase "For an individual authorized to drive children."
After completion of the comment period, HHSC further revised
the rules in order to provide additional clarity, with the goal of
reducing any confusion or ambiguity regarding the intent of the
rule text. While these changes were not in response to pub-
lic comment, HHSC limited the changes to word and verbiage
modifications that HHSC generally considers nonsubstantive in
nature. The following list specifies the provisions where HHSC
made substantive word-choice modifications after the close of
the public comment period:
In 377.115(b)(3)(F) and 377.117(c)(1)(Q), HHSC modified the
language "sex related offense" to read "sexual offense as de-
scribed under Chapter 21 of the Texas Penal Code." The original
language was very vague, and the intent of this subsection is the
capture the offenses within Chapter 21 of the Penal Code.
In 377.115(d)(4), HHSC added the word "applicable" to provide
more specificity to the vague language of "annual training."
In 377.117(a)(1)(A), HHSC provided the specific types of back-
ground check (National Crime Information Center and Texas
Crime Information Center), rather than the vague reference to
"a fingerprint based search conducted by the Federal Bureau of
Investigations."
In 377.117(e), HHSC modified the language "a finding of not
guilty or other determination of innocence" to read "if the individ-
ual is otherwise absolved of guilt." HHSC intends the modified
wording to be more precise, because there are types of criminal
pleas and adjudications where a defendant is not deemed "inno-
cent," but neither has the individual been found "guilty."
HHSC made additional minor revisions to the rules to further clar-
ify the text. HHSC does not intend these revisions to alter the
substance of the rules.
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC 377.1
STATUTORY AUTHORITY
The new rules are adopted under Texas Government Code
531.0055(e) and 531.033, which provide HHSC's Executive
Commissioner with general authority to adopt rules; Texas Fam-
ily Code 264.410(c), which requires HHSC to adopt standards
for eligible local children's advocacy centers; Texas Family Code
264.602(d), which requires HHSC to adopt, by rule, standards
for local volunteer advocate programs; and Texas Family Code
264.609, which authorizes HHSC's Executive Commissioner
to adopt rule necessary to implement Chapter 264, Subchapter
G ("Court-Appointed Volunteer Advocate Programs").
377.1. Definitions.
The following words and terms, when used in this chapter, have the
following meanings unless the context clearly indicates otherwise.
 (1) Child--An abused or neglected individual who is un-
der the control or supervision of the Texas Department of Family and
Protective Services and who is the subject of a suit affecting the par-
ent-child relationship filed by a governmental entity.
(2) Court--The district court, juvenile court having the
same jurisdiction as a district court, or other court expressly given
jurisdiction of a suit affecting the parent-child relationship.
(3) DFPS--The Texas Department of Family and Protective
Services or its designee.
(4) HHSC--The Texas Health and Human Services Com-
mission or its designee.
(5) Participating agency or entity/public agency partner--A
governmental entity that:
(A) is involved in child abuse investigations or prose-
cutions and offers services to child abuse victims; and
(B) participates in establishing and operating a local
children's advocacy program as provided in Texas Family Code
264.403.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 21, 2017.
TRD-201702419
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 11, 2017
Proposal publication date: December 23, 2016
For further information, please call: (512) 206-4647
with Statewide Local Volunteer Advocate Organization) must contract
SUBCHAPTER B. STANDARDS OF
OPERATION FOR LOCAL COURT-APPOINTED
VOLUNTEER ADVOCATE PROGRAMS
1 TAC 377.101, 377.103, 377.105, 377.107, 377.109,
377.111, 377.113, 377.115, 377.117
STATUTORY AUTHORITY
The new rules are adopted under Texas Government Code
531.0055(e) and 531.033, which provide HHSC's Executive
Commissioner with general authority to adopt rules; Texas Fam-
ily Code 264.410(c), which requires HHSC to adopt standards
for eligible local children's advocacy centers; Texas Family Code
264.602(d), which requires HHSC to adopt, by rule, standards
for local volunteer advocate programs; and Texas Family Code
264.609, which authorizes HHSC's Executive Commissioner
to adopt rule necessary to implement Chapter 264, Subchapter
G ("Court-Appointed Volunteer Advocate Programs").
377.103. Legal Authorization.
The provisions of this subchapter are promulgated under Texas Family
Code 264.602(c), 264.602(d), and 264.609, which authorize HHSC
to adopt standards for local volunteer advocate programs, develop a
scale of financial support for the local volunteer advocate programs,
and adopt rules necessary to carry out the provisions of the Texas Fam-
ily Code.
377.107. Contract with Statewide Volunteer Advocate Organiza-
tion.
(a) HHSC contracts with a single statewide volunteer advocate
organization that satisfies subsection (b) of this section, to perform the
following functions for local volunteer advocate programs:
(1) training;
(2) technical assistance; and
(3) evaluation services for the benefit of the local volunteer
advocate programs.
(b) HHSC may contract only with a statewide volunteer advo-
cate organization that:
(1) is exempt from federal income taxation under Internal
Revenue Code of 1986 501(a) and 501(c)(3);
(2) is designated as a supporting organization under Inter-
nal Revenue Code of 1986 509(a)(3); and
(3) is composed of individuals or groups of individuals
who have expertise in the dynamics of child abuse and neglect, and
with experience in operating local volunteer advocate programs.
(c) The contract must:
(1) include measurable goals and objectives relating to the
number of:
(A) volunteer advocates in the program; and
(B) children receiving services from the program; and
(2) follow practices to ensure compliance with standards
referenced in the contract.
377.109. Contracts with Local Volunteer Advocate Programs.
(a) The statewide volunteer advocate organization with which
HHSC contracts under 377.107 of this subchapter (relating to Contract
with local volunteer advocate programs.
(b) Eligibility Requirements for a Local Volunteer Advocate
Program.
(1) To be eligible for a contract with the statewide volun-
teer advocate organization under Texas Family Code 264.602, a local
volunteer advocate program must:
(A) operate under the auspices of state or county gov-
ernment, or be incorporated as part of a nonprofit organization;
(B) use individuals appointed as volunteer advocates or
guardians ad litem by the court, to provide for the needs of abused or
neglected children;
(C) demonstrate that the program has provided court-
appointed advocacy services for at least six months;
(D) provide court-appointed advocacy services for at
least ten children each month; and
(E) demonstrate that the program has local judicial sup-
port.
(2) Local judicial support may be demonstrated by a signed
written agreement that defines the working relationship between the lo-
cal volunteer advocate program and the court with appropriate jurisdic-
tion.
(3) The statewide volunteer advocate organization may not
contract with a person that is not eligible under this section. However,
ADOPTED RULES July 7, 2017 42 TexReg 3479
the statewide volunteer advocate organization may waive the require-
ment in paragraph (1)(D) of this subsection for an established program
in a rural area or under other special circumstances.
(c) The statewide volunteer advocate organization must con-
sider the following in awarding a contract to a local volunteer advocate
program:
(1) the local volunteer advocate program's eligibility for,
and use of, funds from local, state, or federal governmental sources,
philanthropic organizations, and other sources;
(2) community support for the local volunteer advocate
program, as indicated by financial contributions from civic organiza-
tions, individuals, and other community resources;
(3) whether the local volunteer advocate program provides
services that encourage the permanent placement of children with their
families, relatives, or through timely placement with adoptive families;
and
(4) whether the local court system endorses and cooperates
with the local volunteer advocate program.
(d) Contract Requirements.
(1) A contract between the statewide volunteer advocate
organization and a local volunteer advocate program must require the
local volunteer advocate program to:
(A) submit quarterly and annual financial reports to the
statewide volunteer advocate organization, as determined by HHSC;
(B) submit quarterly and annual reports of performance
factors identified by HHSC, and submit such reports to the statewide
volunteer advocate organization by the deadlines designated by the
statewide volunteer advocate organization;
(C) obtain annual independent financial audits or au-
dited financial statements as required by state or federal law, and pro-
vide copies of the auditor's reports and related documents in accordance
with the deadlines designated by the statewide volunteer advocate or-
ganization;
(D) cooperate with inspections and audits that HHSC
makes to ensure service standards and fiscal responsibility; and
(E) provide, at a minimum:
(i) independent and factual information regarding
the child, in writing, to the court and to counsel for the parties involved;
(ii) advocacy through the courts for permanent
home placement and services for the child;
(iii) monitoring of the child to ensure the child's
safety and to prevent the unnecessary relocation of the child to multiple
temporary placements;
(iv) reports in writing to the presiding judge and to
counsel for the parties involved;
(v) community education relating to child abuse and
neglect;
(vi) referrals to existing community services;
(vii) procedures to safeguard the confidentiality of
records or information relating to the child;
(viii) a volunteer recruitment and training program,
including adequate screening procedures for volunteers; and
(ix) compliance with the standards adopted under
Texas Family Code 264.602.
42 TexReg 3480 July 7, 2017 Texas Register
(2) A contract between the statewide volunteer advocate
organization and a local volunteer advocate program is enforced
through the use of the remedies and in accordance with the procedures
provided in the Uniform Grant Management Standards for Texas
(UGMS).
(3) A local volunteer advocate program must comply with
the requirements and provisions of the contract between the statewide
volunteer advocate organization and HHSC.
377.113. Local Volunteer Advocate Program Administration.
(a) Required Written Documents. A local volunteer advocate
program must have in writing:
(1) a mission and purpose statement approved by the
statewide volunteer advocate organization;
(2) the local volunteer advocate program's goals and ob-
jectives, with an action plan and timeline for meeting those goals and
objectives;
(3) a method for evaluating the progress of accomplishing
the local volunteer advocate program's goals and objectives;
(4) a funding plan based on the local volunteer advocate
program's goals and objectives;
(5) personnel policies and procedures;
(6) job descriptions for employees, directors, and volun-
teers;
(7) procedures for volunteer recruiting, screening, training,
and appointment to cases;
(8) policies for support and supervision of volunteers;
(9) a grievance procedure for employees, volunteers, and
community members;
(10) a media/crisis communication plan;
(11) a fidelity bond;
(12) accounting procedures;
(13) a weapons prohibition policy approved by the
statewide volunteer advocate organization; and
(14) a memorandum of understanding between DFPS and
the local volunteer advocate program that defines the working relation-
ship between the local volunteer advocate program and DFPS.
(b) Personnel.
(1) A local volunteer advocate program must have a maxi-
mum volunteer-to-supervisor ratio of 30:1 and a maximum case-to-su-
pervisor ratio of 45:1.
(2) A local volunteer advocate program must endeavor to
provide equal employment opportunity regardless of race, color, re-
ligion, national origin, age, sex (including pregnancy), disability, or
other status protected by law and must comply with all applicable laws
and regulations regarding employment.
(3) A local volunteer advocate program must endeavor to
be an inclusive organization whose employees, volunteers, and direc-
tors reflect the diversity of the children and community that the program
serves in terms of gender, ethnicity, and cultural and socio-economic
backgrounds.
(c) Conduct.
(1) All volunteers, employees, and directors must conduct
themselves in a professional manner.
 (2) Volunteers, employees, and directors may not discrim-
inate against any individual on the grounds of race, color, national ori-
gin, religion, sex (including pregnancy), age, disability, or other legally
protected classes.
(3) A local volunteer advocate program may terminate a
relationship with a volunteer, employee, or director who:
(A) does not act in accordance with the policies of the
local volunteer advocate program; or
(B) has abused or neglected a position of trust.
(d) Confidentiality.
(1) Each local program must counsel volunteers, employ-
ees, and directors on what constitutes confidential information.
(2) A volunteer, employee, or director may not commu-
nicate any confidential information pertaining to an individual being
served by a local volunteer advocate program to a person who is not
authorized to possess the confidential information.
(e) Conflicts of Interest. Each local volunteer advocate pro-
gram must have a written conflict-of-interest policy that:
(1) prohibits any personal, business, or financial interest
that renders a volunteer, employee, or director unable or potentially
unable to perform the duties and responsibilities assigned to that vol-
unteer, employee, or director in an efficient and impartial manner; and
(2) prohibits a volunteer, employee, or director from using
the position for private gain, or acting in a manner that creates the ap-
pearance of impropriety.
(f) Liability.
(1) A person is not liable for civil damages for a recom-
mendation made or an opinion rendered in good faith, while acting in
the official scope of the person's duties as a board member, staff mem-
ber, or volunteer of a local volunteer advocate program.
(2) Neither HHSC nor the statewide volunteer advocate or-
ganization will be liable for the actions of local volunteer advocate pro-
gram volunteers, employees, or directors. Volunteers, employees, and
directors of local volunteer advocate programs must abide by the con-
duct, confidentiality, and conflict-of-interest requirements outlined in
this section, as well as all other laws and regulations governing the
prescribed conduct and activity.
377.115. Local Volunteer Advocate Program Personnel.
(a) Application Process.
(1) Prospective volunteers, employees, and directors must
complete:
(A) a written application;
(B) personal interview(s); and
(C) consent and release forms for appropriate back-
ground investigations.
(2) New employees must also complete employee hand-
book acknowledgment forms.
(b) Volunteers.
(1) A volunteer must be at least 21 years of age.
(2) A volunteer may:
(A) review applicable records;
(B) facilitate prompt and thorough review of a case;
ADOPTED RULES
(C) interview appropriate parties, including service
providers and persons with knowledge of the case, in order to make
recommendations regarding the child's best interests;
(D) attend court hearings; and
(E) make written recommendations to the court con-
cerning the outcome that would be in the child's best interest.
(3) A volunteer may not:
(A) take a child to any location not pre-approved by the
advocate program;
(B) give legal advice or therapeutic counseling;
(C) make placement arrangements for a child;
(D) give or lend money or expensive gifts to a child or
family;
(E) take a child on an overnight outing; or
(F) allow a child to come into contact with someone the
volunteer knows or should know has a criminal history involving vi-
olence, child abuse, neglect, drugs, or a sexual offense as described
under Chapter 21 of the Texas Penal Code.
(4) A volunteer may, on an individual basis, obtain written
permission from the local volunteer advocate program, for an exception
to an action listed under paragraph (3) of this subsection. If a request for
an exception is made, a volunteer must disclose whether anyone who
resides with the volunteer, or with whom the child may come in contact
through the volunteer, does not meet the background requirements of
377.117 of this subchapter (relating to Local Volunteer Advocate Pro-
gram Personnel Background Checks). The basis for electing whether
to grant an exception must be documented in the child's case file.
(5) A volunteer must not be concurrently assigned to more
than two cases, unless the assignment is approved by the local volunteer
advocate program's executive director or caseworker supervisor.
(6) A volunteer must not provide foster care to a child in
the managing conservatorship of DFPS unless the volunteer is related
to the child. This prohibition does not apply to:
(A) a volunteer with whom DFPS placed a child prior
to June 30, 1999; or
(B) a volunteer with whom a child has been placed by
an agency or person other than DFPS and the child is not in the man-
aging conservatorship of DFPS.
(7) A volunteer may not be assigned to any case in which
the volunteer is related to any party.
(c) Employees.
(1) An employee must be at least 21 years of age.
(2) If an employee also serves on the board of directors, he
or she may not be a voting director.
(d) Board of Directors.
(1) The board of directors must have at least nine members,
with an executive committee composed of, at a minimum, the offices
of president, vice president, secretary, and treasurer.
(2) The bylaws of the local volunteer advocate program
must include a rotation of directors for the board, as well as term limits
for directors and executive committee officers.
(3) A director must be at least 21 years of age.
July 7, 2017 42 TexReg 3481
 (4) At least one director from the board must attend appli- (A) investigate the individual's driving record and in-
cable annual training provided by the statewide volunteer advocate or- surability; and
ganization or a national association.
(B) obtain documentation of a valid, state-issued
(e) Training. driver's license and satisfactory personal liability insurance.
(1) A local volunteer advocate program must plan and im- (b) Ten-year bar for certain felony offenses.
plement a training and development program for employees and vol-
(1) An individual whose background check yields a felony
unteers, and must inform employees and volunteers about:
conviction, guilty plea, plea of no contest, or acceptance of deferred
(A) the background and needs of children served by the adjudication for which fewer than ten years have passed since the date
local volunteer advocate program; of the offense, is barred from being a volunteer, employee, or director.
(B) the operation of the court and the child welfare sys- (2) An individual whose background check yields a felony
tem; and conviction, guilty plea, plea of no contest, or acceptance of deferred
adjudication for which ten years or more have passed since the date of
(C) the nature and effects of child abuse and neglect.
the offense, and if that felony offense is not described under subsection
(2) A local volunteer advocate program must provide an- (c) of this section, the local volunteer advocate program may exercise
nual orientation for new directors and continuing education for incum- the discretion to determine that individual's eligibility for a volunteer,
bent directors, which must include information on: employee, or director position.
(A) the applicable goals, objectives, and methods of op- (c) Bar for certain offenses.
eration of the local volunteer advocate program;
(1) An individual whose background check yields a con-
(B) current local, statewide and national association viction, guilty plea, plea of no contest, acceptance of deferred adjudi-
services; cation, or pending charge for any of these offenses is barred from being
a volunteer, employee, or director:
(C) the court and child welfare system; and
(A) Texas Penal Code Chapter 19;
(D) program governance.
(B) Texas Penal Code Chapter 20;
(3) A local volunteer advocate training program must con-
sist of at least 30 hours of pre-service training and 12 hours of in-service (C) Texas Penal Code Chapter 20A;
training per year.
(D) Texas Penal Code 21.02, 21.07, 21.08, 21.11, or
(4) A local volunteer advocate program must provide cul- 21.12;
tural diversity training for volunteers, employees, and directors on an
(E) Texas Penal Code 22.011, 22.02, 22.021, 22.04,
annual basis.
22.041, 22.05, 22.07, or 22.11;
(5) The statewide volunteer advocate organization may re-
(F) Texas Penal Code Chapter 25;
view all training and training materials for volunteers, employees, and
directors. (G) Texas Penal Code 28.02;
377.117. Local Volunteer Advocate Program Personnel Back- (H) Texas Penal Code Chapter 29;
ground Checks.
(I) Texas Penal Code 30.02;
(a) Conducting a background check.
(J) Texas Penal Code 33.021;
(1) A volunteer, employee, or director must be subject to a
background check prior to the commencement of volunteer, employee, (K) Texas Penal Code 42.072;
or director duties and no longer than every two years thereafter. A (L) Texas Penal Code Chapter 43;
background check must include a review of the individual's information
from: (M) Texas Penal Code 46.06, 46.09, or 46.10;
(A) a fingerprint-based search conducted by the Texas (N) Texas Penal Code 48.02;
Department of Public Safety that utilizes the National Crime Informa- (O) Texas Penal Code 49.045, 49.05, 49.07, or 49.08;
tion Center (NCIC) database that is maintained by the Federal Bureau
of Investigation and the Texas Crime Information Center (TCIC); (P) Texas Penal Code Chapter 71; or
(B) the Texas Public Sex Offender Registry maintained (Q) any other offense involving violence, child abuse or
by the Texas Department of Public Safety; neglect, assault with family violence, or a sexual offense as described
under Chapter 21 of the Texas Penal Code.
(C) the National Sex Offender Public Website main-
tained by the United States Department of Justice; and (2) An individual whose background check produces any
founded allegations of abuse with DFPS is barred from being a volun-
(D) the Child Abuse and Neglect Central Registry teer, employee, or director.
maintained by DFPS in accordance with federal law and Texas Family
Code 261.002. (d) An individual whose background check produces a convic-
tion, guilty plea, plea of no contest, or acceptance of deferred adjudica-
(2) If a volunteer, employee, or director has lived in a state tion of an offense, including a misdemeanor drug-related offense, that
other than Texas within the last seven years, the local volunteer advo- is not an offense described under subsections (b) or (c) of this section
cate program must conduct a criminal background check in that state. may be considered by the local volunteer advocate program to deter-
(3) For an individual authorized to drive children, the local mine eligibility for a volunteer, employee, or director position.
program must:

42 TexReg 3482 July 7, 2017 Texas Register

 (e) If an individual who has applied to be a volunteer, em-
ployee, or director has a pending charge described under subsections
(b) or (c) of this section that would otherwise bar the individual's hiring
or appointment, a new review of the application may be conducted if
the charge is subsequently dismissed or if the individual is otherwise
absolved of guilt.
(f) An individual whose background check produces informa-
tion that includes a group of offenses or information that, if considered
separately, would not bar an applicant may result in the disqualification
of an applicant volunteer, employee, or director if it is determined that
the offenses constitute a problematic pattern.
(g) A volunteer, employee, or director must be immediately
removed from his or her position and barred from future consideration
as a volunteer, employee, or director, if the volunteer, employee, or
director knowingly or intentionally places a child, through the actions
of the volunteer, employee, or director, in contact with a person whose
criminal history involves an offense described under subsections (b) or
(c) of this section.
(h) The refusal to execute consent and release forms necessary
to conduct a criminal background check disqualifies an individual from
serving as a volunteer, employee, or director.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 21, 2017.
TRD-201702420
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 11, 2017
Proposal publication date: December 23, 2016
For further information, please call: (512) 206-4647
perform the following functions for local children's advocacy center
SUBCHAPTER C. STANDARDS OF
OPERATION FOR LOCAL CHILDREN'S
ADVOCACY CENTERS
1 TAC 377.201, 377.203, 377.205, 377.207, 377.209,
377.211
STATUTORY AUTHORITY
The new rules are adopted under Texas Government Code
531.0055(e) and 531.033, which provide HHSC's Executive
Commissioner with general authority to adopt rules; Texas Fam-
ily Code 264.410(c), which requires HHSC to adopt standards
for eligible local children's advocacy centers; Texas Family Code
264.602(d), which requires HHSC to adopt, by rule, standards
for local volunteer advocate programs; and Texas Family Code
264.609, which authorizes HHSC's Executive Commissioner
to adopt rule necessary to implement Chapter 264, Subchapter
G ("Court-Appointed Volunteer Advocate Programs").
377.201. Purpose and Definitions.
(a) The purpose of this subchapter is to provide:
(1) requirements regarding the function and administration
of a local children's advocacy center program; and
(2) requirements for contracts between the statewide chil-
dren's advocacy center organization and the local children's advocacy
centers.
(b) The following words and terms, when used in this subchap-
ter, have the following meanings unless the context clearly indicates
otherwise:
(1) Local children's advocacy center --An entity that is es-
tablished in accordance with a memorandum of understanding exe-
cuted under Texas Family Code 264.403, that operates local children's
advocacy center programs.
(2) Local children's advocacy center program--A local pro-
gram that:
(A) assesses victims of child abuse or neglect to deter-
mine needed services and provides the needed services;
(B) provides a facility at which a multidisciplinary team
can meet to facilitate the disposition of child abuse cases; and
(C) coordinates the activities of governmental entities
in relation to child abuse investigations and the delivery of services.
(3) Multidisciplinary team--A team of individuals com-
posed in accordance with Texas Family Code 264.406 that works
within a local children's advocacy center to review child abuse cases
with the intent of coordinating the activities of entities involved in
child abuse investigation and prosecution and in the provision of
victim services.
(4) Statewide children's advocacy center organiza-
tion--The entity with which HHSC contracts under Texas Family Code
264.409 and 377.207 of this subchapter (relating to Contract with
Statewide Children's Advocacy Center Organization).
377.207. Contract with Statewide Children's Advocacy Center Or-
ganization.
(a) HHSC contracts with a single statewide children's advo-
cacy center organization that satisfies subsection (b) of this section to
programs:
(1) training;
(2) technical assistance;
(3) evaluation services; and
(4) funds administration.
(b) HHSC may contract only with a statewide children's advo-
cacy center organization that:
(1) is exempt from federal income taxation under Internal
Revenue Code of 1986 501(a) and 501(3);
(2) is designated as a supporting organization under Inter-
nal Revenue Code of 1986 509(a)(3); and
(3) is composed of individuals or groups of individuals
who have expertise in establishing and operating children's advocacy
center programs.
(c) The contract must limit the statewide children's advocacy
center organization's annual spending for the performance of obliga-
tions under Texas Family Code 264.409(a) to no more than 12 per-
cent of the annual amount appropriated to HHSC for the purposes of
the local children's advocacy center programs.
377.209. Contracts with Local Children's Advocacy Centers.
(a) The statewide children's advocacy center organization with
which HHSC contracts under 377.207 of this subchapter (relating
ADOPTED RULES July 7, 2017 42 TexReg 3483
to Contract with Statewide Children's Advocacy Center Organization)
contracts with local children's advocacy centers.
(b) Eligibility of a Local Children's Advocacy Center to Con-
tract with the Statewide Organization.
(1) To be eligible to contract with the statewide organiza-
tion under Texas Family Code 264.410, a local children's advocacy
center must:
(A) have a signed memorandum of understanding as
provided by Texas Family Code 264.403;
(B) operate under the authority of a governing board as
provided by Texas Family Code 264.404;
(C) have a multidisciplinary team of persons involved
in the investigation or prosecution of child abuse cases, or the delivery
of services as provided by Texas Family Code 264.406;
(D) hold regularly scheduled case reviews as provided
by Texas Family Code 264.406;
(E) operate in a neutral and physically separate space
from the day-to-day operations of any public agency partner;
(F) have developed a method of statistical information-
gathering on children receiving services through the center, and share
such statistical information with the statewide children's advocacy cen-
ter organization, DFPS, and HHSC when requested;
(G) have an in-house volunteer program;
(H) employ an executive director who is answerable to
the board of directors of the local children's advocacy center and who is
not the exclusive salaried employee of any public agency partner; and
(I) operate under a working protocol that includes a
statement of:
(i) the local children's advocacy center's mission;
(ii) each participating agency's role and commit-
ment to the local children's advocacy center;
(iii) the type of cases to be handled by the local chil-
dren's advocacy center;
(iv) the local children's advocacy center's procedure
for conducting case reviews and forensic interviews, and for ensuring
access to specialized medical and mental health services; and
(v) the local children's advocacy center's policies re-
garding confidentiality and conflict resolution.
(2) The statewide children's advocacy center organization
may waive requirements specified in subsection (b)(1) of this section
if it determines that the waiver will not adversely affect the local chil-
dren's advocacy center's ability to carry out its duties under Texas Fam-
ily Code 264.405.
(c) Requirements for Contracts Awarded to Local Children's
Advocacy Centers by the Statewide Children's Advocacy Center Or-
ganization.
(1) A contract between the statewide children's advocacy
center organization and a local children's advocacy center under Texas
Family Code 264.410 must not result in reducing the financial support
the local children's advocacy center receives from another source.
(2) A contract between the statewide children's advocacy
center organization and a local children's advocacy center under Texas
Family Code 264.410 must be enforced through the use of remedies
42 TexReg 3484 July 7, 2017 Texas Register
and in accordance with the procedures provided in the Uniform Grant
Management Standards for Texas (UGMS).
(3) A contract between the statewide children's advocacy
center organization and a local children's advocacy center under Texas
Family Code 264.410 must require the local children's advocacy cen-
ter to comply with the requirements and provisions applicable to lo-
cal children's advocacy centers contained in the contract between the
statewide children's advocacy center organization and HHSC under
Texas Family Code 264.409.
377.211. Operation of Local Children's Advocacy Center and Pro-
gram.
(a) A local children's advocacy center must:
(1) assess victims of child abuse and their families to deter-
mine their need for services relating to the investigation of child abuse;
(2) provide the services needed;
(3) provide a facility at which a multidisciplinary team ap-
pointed under Texas Family Code 264.406 can meet to facilitate the
efficient and appropriate disposition of child abuse cases through the
civil and criminal justice systems; and
(4) coordinate the activities of governmental entities that
are involved with child abuse investigations and the delivery of services
to child abuse victims and their families.
(b) Board of Directors of a Local Children's Advocacy Center.
(1) A local children's advocacy center must be governed by
a board of directors. In addition to other persons appointed or elected
to serve on the board of directors, the board of directors must include
an executive officer of or an employee selected by an executive officer
of each of the following:
(A) a law enforcement agency that investigates child
abuse in the area served by the center;
(B) DFPS's Child Protective Services division; and
(C) the county or district attorney's office involved in
the prosecution of child abuse cases in the area served by the center.
(2) Service on the board of a local children's advocacy cen-
ter by a public officer or employee is an additional duty of the person's
office or employment.
(c) Multidisciplinary Team of a Local Children's Advocacy
Center.
(1) A local children's advocacy center's multidisciplinary
team must include employees of the participating agencies, who are
professionals involved in the investigation or prosecution of child
abuse cases.
(2) A local children's advocacy center's multidisciplinary
team may also include professionals involved in the delivery of ser-
vices, including medical and mental health services, to child abuse vic-
tims and the victims' families.
(3) A multidisciplinary team must meet at regularly sched-
uled intervals to:
(A) review child abuse cases determined to be appro-
priate for review by the multidisciplinary team; and
(B) coordinate the actions of the entities involved in the
investigation and prosecution of the cases and the delivery of services
to the child abuse victims and the victims' families.
(4) A multidisciplinary team may review a child abuse case
in which the alleged perpetrator does not have custodial control or su-
pervision of the child or is not responsible for the child's welfare or
care.
(5) When acting in the member's official capacity, a mul-
tidisciplinary team member is authorized to receive information made
confidential by Texas Human Resources Code 40.005 or Texas Fam-
ily Code 261.201 or 264.408.
(d) Liability.
(1) A person is not liable for civil damages based on a rec-
ommendation made or an opinion rendered in good faith, while acting
in the official scope of the person's duties as a member of a multidis-
ciplinary team or as a board member, staff member, or volunteer of a
local children's advocacy center.
(2) This limitation on civil liability does not apply if a per-
son's actions constitute gross negligence.
(e) Confidentiality Requirements Placed on a Local Children's
Advocacy Center.
(1) In accordance with Texas Family Code 264.408, the
files, reports, records, communications, and working papers used or
developed in providing services under Texas Family Code Chapter 264
are confidential. This information is not subject to public release un-
der Texas Government Code Chapter 552, and may be disclosed only
for purposes consistent with Texas Family Code Chapter 264 without
losing its confidential character. Disclosure may be to:
(A) DFPS, DFPS employees, law enforcement agen-
cies, prosecuting attorneys, medical professionals, and other state or
local agencies that provide services to children and families; and
(B) the attorney for the child who is the subject of the
records, and a court-appointed volunteer advocate appointed for the
child under Texas Family Code 107.031.
(2) Information related to the investigation of a report of
abuse or neglect under Texas Family Code Chapter 261, and services
provided as a result of the investigation, are confidential as provided
by Texas Family Code 261.201.
(3) DFPS, a law enforcement agency, and a prosecuting at-
torney may share with a local children's advocacy center information
that is confidential under Texas Family Code 261.201 as needed, to
provide services under Texas Family Code Chapter 264. Confiden-
tial information shared with or provided to a local children's advocacy
center remains the confidential property of the agency that shared or
provided the information to the local children's advocacy center.
(4) A video recording of an interview of a child made by
a local children's advocacy center is the property of the prosecuting
attorney involved in the criminal prosecution of the case involving the
child. If no criminal prosecution occurs, the video recording is the
property of the attorney involved in representing DFPS in a civil action
alleging child abuse or neglect. If the matter involving the child is not
pursued either civilly or criminally, the video recording is the property
of DFPS, if the matter is an investigation by DFPS of abuse or neglect.
If DFPS is not investigating or has not investigated the matter, the video
recording is the property of the agency that referred the matter to the
local children's advocacy center.
(5) DFPS must be allowed access to a local children's ad-
vocacy center's video-recorded interviews of children.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 21, 2017.
TRD-201702421
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 11, 2017
Proposal publication date: December 23, 2016
For further information, please call: (512) 206-4647
TITLE 22. EXAMINING BOARDS
PART 10. TEXAS FUNERAL SERVICE
COMMISSION
CHAPTER 203. LICENSING AND
ENFORCEMENT--SPECIFIC SUBSTANTIVE
RULES
SUBCHAPTER B. DUTIES OF A FUNERAL
ESTABLISHMENT/LICENSEE
22 TAC 203.24
The Texas Funeral Service Commission (Commission) adopts
amendments to 22 TAC 203.24, concerning Display of License
without changes to the proposed text as published in the April
21, 2017, issue of the Texas Register (42 TexReg 2134). The
amendments allow a copy of an original license -- in lieu of the
original license -- to be maintained by a funeral establishment
under specific circumstances. The amendments will ease the
regulatory burden on licensees while maintaining protections for
consumers to ensure they work only with licensed funeral direc-
tors and embalmers.
No comments were received regarding the amendment.
The amendment is adopted under Texas Occupations Code
651.152, which authorizes the Texas Funeral Service Com-
mission to adopt rules considered necessary for carrying out the
Commission's work and Texas Occupations Code 651.261,
which requires license holders to conspicuously display their
licenses at each workplace.
No other statutes, articles, or codes are affected by this section.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 21, 2017.
TRD-201702424
Janice McCoy
Executive Director
Texas Funeral Service Commission
Effective date: July 11, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 936-2469
PART 11. TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE

ADOPTED RULES July 7, 2017 42 TexReg 3485

22 TAC 213.34
Introduction. The Texas Board of Nursing (Board) adopts
amendments to 213.34, relating to Deferred Discipline. The
amendments are adopted without changes to the proposed text
published in the May 19, 2017, issue of the Texas Register (42
TexReg 2645) and will not be republished.
Reasoned Justification. The amendments are adopted under
the authority of Tex. Occ. Code 301.6555 and 301.151 and
reduce the required period of deferral from five (5) years to three
(3) years. The remaining provisions of the adopted section re-
main unchanged.
In 2009, pursuant to Senate Bill (SB) 1415, the Texas Legisla-
ture first authorized the use of deferred discipline, through a pilot
program, as an alternative method of resolving minor violations
of the Nursing Practice Act (NPA) and Board rules. The Board
first adopted rules to implement the requirements of SB 1415
in 2010 (35 TexReg 6077). In 2013, the Texas Legislature made
deferred discipline a permanent part of the NPA, and the Board's
rules were amended in 2014 to reflect this change (39 TexReg
5753).
Under the Board's rule, a final disciplinary action against an indi-
vidual may be deferred if certain conditions are met. If an individ-
ual is able to successfully complete all of the required conditions
of the order and the period of deferment has run, the originating
complaint is dismissed and the deferred order becomes confi-
dential under state law. The adopted amendments reduce the
required period of deferment from five (5) years from the effec-
tive date of the deferred order to three (3) years from the effective
date of the deferred order.
Period of Deferment
In January 2011, the Board created the Deferred Disciplinary Ac-
tion Pilot Program Advisory Committee to evaluate and make
recommendations regarding the program's efficiency and effi-
cacy, taking into account concerns regarding recidivism and the
potential effect of confidential orders on public health and safety.
The Committee met six times over the course of a year and a
half and reviewed statistical data, employer and nurse survey
responses, and extrinsic recidivism data. The Committee's eval-
uation and recommendations were included in the Board's report
to the Legislature in 2012, wherein the Committee and the Board
recommended making deferred discipline a permanent part of
the NPA.
In its review, the Committee gave considerable attention to re-
cidivism data and the program's period of deferment. At the time
the Committee considered the recidivism data associated with
the pilot program, the program was just over a year old. While
the recidivism data that had been recorded up to that point was
encouraging, the pilot program lacked enough longevity to sup-
port specific recommendations regarding shortening the period
of deferment. However, the Committee recommended that the
Board re-evaluate the recidivism data at a future date and, if sup-
ported by the data, reduce the period of deferment. The Commit-
tee also suggested considering a three year period of deferment
for lower level deferred disciplinary orders.
Recidivism
In January 2017, Board Staff evaluated 268 deferred disciplinary
orders entered between February 1, 2011, and January 31,
2014, to determine the recidivism rate. Out of the 268 deferred
orders, only 29 new cases (new violations of the NPA and/or
Board rules) were identified. Of the 29 new cases, 17 occurred
42 TexReg 3486 July 7, 2017 Texas Register
within the first year of the deferment period, 9 occurred in the
second year of the deferment period, and 1 occurred in the third
year of the deferment period, making 93.1% of the recidivism
within the first three years of the deferment period. Coupled
with the initial data reviewed by the Committee, this data tends
to show that the vast majority of recidivism, if any, occurs within
the early part of the deferred period (within the first three years).
The Board considered this data at its April 2017 regularly sched-
uled meeting. While the Board believes it is important for pat-
terns of harmful or risky practice to be identified and success-
fully remediated, a five year deferred period no longer appears
necessary to address these needs. Based upon the most recent
data, it appears that a shorter deferred period could reasonably
protect the interests of the public, as well as the interests of the
individual seeking to remediate his/her prior practice breakdown.
As such, the Board determined that it would be appropriate to
shorten the deferral period from five (5) years to three (3) years
and approved the proposal of the amendments to accomplish
this.
How the Sections Will Function. Adopted 213.34(f) provides
that a deferred disciplinary order will be available to the public
for a minimum of three years and until such time as an individ-
ual successfully completes all of the conditions required by the
deferred disciplinary order and the originating complaint is dis-
missed by the Board. After such time, the deferred disciplinary
order will become confidential to the same extent that a com-
plaint is confidential under the Occupations Code 301.466.
Summary of Comments and Agency Response.
Comment: A commenter representing the Coalition for Nurses
in Advanced Practice stated that it supports the Board's pro-
posed amendment to the deferred discipline rule. The com-
menter agrees that the Board should have the option of removing
deferred disciplinary orders from public view after three years,
and that this is in the best interest of the public and nurses who
commit relatively minor infractions. The commenter states that
it appreciates that Board staff are continually re-evaluating its
disciplinary procedures to promote public protection, fairness to
nurses, and the greatest possible access to safe nursing care.
Agency Response: The Board appreciates the comment.
Names of Those Commenting For and Against the Proposal.
For: Coalition for Nurses in Advanced Practice.
Against: None.
For, with changes: None.
Neither for nor against, with changes: None.
Statutory Authority. The amendments are adopted under the
Occupations Code 301.6555 and 301.151.
Section 301.6555(a) provides that, for any action or complaint
for which the Board proposes to impose on a person a sanction
other than a reprimand or a denial, suspension, or revocation
of a license, the Board may: (i) defer the final action the Board
has proposed if the person conforms to conditions imposed by
the Board, including any condition the Board could impose as
a condition of probation under Section 301.468; and (ii) if the
person successfully meets the imposed conditions, dismiss the
complaint.
Section 301.6555(b) states that, except as provided by this sub-
section, a deferred action by the Board is not confidential and is
subject to disclosure in accordance with Chapter 552, Govern-
ment Code. Further, if the person successfully meets the con-
ditions imposed by the Board in deferring final action and the
Board dismisses the action or complaint, the deferred action of
the Board is confidential to the same extent as a complaint is
confidential under Section 301.466.
Section 301.151 provides that the Board may adopt and enforce
rules consistent with this chapter and necessary to: (i) perform
its duties and conduct proceedings before the Board; (ii) regulate
the practice of professional nursing and vocational nursing; (iii)
establish standards of professional conduct for license holders
under this chapter; and (iv) determine whether an act constitutes
the practice of professional nursing or vocational nursing.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 22, 2017.
TRD-201702431
Jena Abel
Deputy General Counsel
Texas Board of Nursing
Effective date: July 12, 2017
Proposal publication date: May 19, 2017
For further information, please call: (512) 305-6822
bers. However, the amendments do not implement SB 807
PART 30. TEXAS STATE BOARD
OF EXAMINERS OF PROFESSIONAL
COUNSELORS
CHAPTER 681. PROFESSIONAL
COUNSELORS
The Texas State Board of Examiners of Professional Coun-
selors (board), adopts amendments to 681.41, 681.114, and
681.125; the repeal of 681.127 and new 681.253, concerning
the licensure and regulation of professional counselors without
changes to the proposed text as published in the February
10, 2017, issue of the Texas Register (42 TexReg 544), and
therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
To implement Senate Bill (SB) 807 and SB 1307, 84th Legis-
lature, Regular Session, 2015, which amended Texas Occupa-
tions Code, Chapter 55, relating to occupational license applica-
tion; examination fees and licensing and renewal of certain mil-
itary service members, military veterans, and military spouses,
the board adopts to repeal 681.127 concerning active military
renewal and inactive status, and amend 681.114, such that the
section provides for initial licensing and license renewal proce-
dures specific to military service members, military veterans, and
military spouses as well as includes provisions concerning inac-
tive status for military service members. In addition, 681.125
includes a provision for licensees impacted or displaced by na-
tional emergency or war that was previously in 681.127.
To implement House Bill (HB) 1449, 84th Legislature, Regular
Session, 2015, as it relates to child custody and adoption eval-
uations in certain suits affecting the parent-child relationship, by
stipulating minimum qualifications for licensees who hold doc-
toral degrees to serve as a child custody evaluator and prohibit-
ing a holder of a Licensed Professional Counselor Intern (LPC
Intern) from conducting a child custody or adoption evaluation
under amended Texas Family Code, Chapter 107, unless the in-
dividual is otherwise qualified by law to conduct the evaluation,
or is appointed by a court to conduct it under Texas Family Code,
107.106 or 107.155, as applicable, the board adopts to repeal
681.41(cc), and to adopt new 681.253.
SECTION-BY-SECTION SUMMARY
This summary considers only those sections which were sub-
stantially changed in language, meaning, or intent.
Subchapter C. Code of Ethics
The board adopts to repeal 681.41(cc), which was previously
adopted and became effective on July 14, 2016, to implement
HB 1449, 84th Legislature, Regular Session, 2015, as it relates
to child custody and adoption evaluations.
Subchapter H. Licensing
The board adopts to amend 681.114, implementing SB 807
and SB 1307, 84th Legislature, Regular Session, 2015, which
amended Texas Occupations Code, Chapter 55, relating to
occupational license application and examination fees and
to licensing and renewal of certain military service members,
military veterans, and military spouses. In addition, 681.114
is amended to include provisions previously located under
681.127 concerning inactive status for military service mem-
and SB 1307 concerning the examination fee waiver, because
the professional counselor licensure examination fees and
jurisprudence examination fees are not paid to the state, but to
the third party administrator(s) of the examination(s).
Subchapter I. Regular License Renewal; Inactive and Retire-
ment Status
The board adopts to amend 681.125, and includes a provision
for a licensee impacted or displaced due to a national emergency
or war to request inactive status. This provision was in the pre-
vious 681.127, which the board adopts to repeal.
The board adopts to repeal 681.127, so all provisions concern-
ing initial licensing and license renewal procedures specific to
military service members, military veterans, and military spouses
as well as provisions concerning inactive status for military ser-
vice members are easily found under 681.114.
Subchapter N. Parenting Coordination and Parenting Facilita-
tion. The board adopts to rename this subchapter as "Subchap-
ter N. Parenting Coordination and Facilitation and Child Custody
and Adoption Evaluations."
The board adopts new 681.253 to implement HB 1449 of
the 84th Legislature, Regular Session, 2015, as it relates
to Licensed Professional Counselors and child custody and
adoption evaluations. HB 1449 amended the Texas Family
Code, Chapter 107, relating to child custody and adoption
evaluations conducted and provided in certain suits affecting
the parent-child relationship. New 681.253 provides minimum
qualifications for child custody/adoption evaluator for a licensee
who holds a doctoral degree. New 681.253 directs all other li-
censees to comply with minimum qualifications stipulated under
Texas Family Code, Chapter 107 for child custody evaluators;
107.154 states minimum qualifications for adoption evaluators.
New 681.253 prohibits LPC Interns from conducting child
custody/adoption evaluations unless the individual is otherwise
qualified by law to conduct the evaluation. Texas Family Code,
ADOPTED RULES July 7, 2017 42 TexReg 3487
107.106 or 107.155 provides an exception to the required
qualifications in a county with a population of less than 500,000,
such that the court may appoint an otherwise qualified individual,
if a court finds that an individual who meets the minimum qualifi-
cations of 107.104 or 107.154 is not available in the county to
conduct the evaluation in a timely manner. New 681.253 also
specifies certain standards of conduct for licensees performing
child custody evaluations or adoption evaluations.
COMMENTS
The board received no comments regarding the proposed rules
during the comment period.
SUBCHAPTER C. CODE OF ETHICS
22 TAC 681.41
STATUTORY AUTHORITY
The amendment is authorized by the Texas Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of its duties.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702454
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: July 16, 2017
Proposal publication date: February 10, 2017
For further information, please call: (512) 776-6972
Glynda Corley
SUBCHAPTER H. LICENSING
22 TAC 681.114
STATUTORY AUTHORITY
The amendment is authorized under Texas Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of its duties.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702456
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: July 16, 2017
Proposal publication date: February 10, 2017
For further information, please call: (512) 776-6972
thority.
SUBCHAPTER I. REGULAR LICENSE
RENEWAL; INACTIVE AND RETIREMENT
STATUS
42 TexReg 3488 July 7, 2017 Texas Register
22 TAC 681.125
STATUTORY AUTHORITY
The amendment is authorized by the Texas Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of its duties.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702458
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: July 16, 2017
Proposal publication date: February 10, 2017
For further information, please call: (512) 776-6972
22 TAC 681.127
STATUTORY AUTHORITY
The repeal is authorized by the Texas Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of its duties.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702459
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: July 16, 2017
Proposal publication date: February 10, 2017
For further information, please call: (512) 776-6972
SUBCHAPTER N. PARENTING
COORDINATION AND FACILITATION
AND CHILD CUSTODY AND ADOPTION
EVALUATIONS
22 TAC 681.253
STATUTORY AUTHORITY
The new section is authorized by the Texas Occupations Code,
503.203, which authorizes the board to adopt rules necessary
for the performance of its duties.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
Filed with the Office of the Secretary of State on June 26, 2017.
TRD-201702461
Glynda Corley
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: July 16, 2017
Proposal publication date: February 10, 2017
For further information, please call: (512) 776-6972
a motion for rehearing.
TITLE 34. PUBLIC FINANCE
PART 1. COMPTROLLER OF PUBLIC
ACCOUNTS
CHAPTER 1. CENTRAL ADMINISTRATION
SUBCHAPTER A. PRACTICE AND
PROCEDURES
DIVISION 1. PRACTICE AND PROCEDURES
34 TAC 1.4
The Comptroller of Public Accounts adopts amendments to 1.4,
concerning representation and participation, with changes to the
proposed text as published in the April 21, 2017, issue of the
Texas Register (42 TexReg 2149). The amendment provides
guidance for parties participating in the contested case process
and divides the existing language into subparagraphs by related
topics.
New subsection (a)(1) restates deleted language in a gender-
neutral form. Additional language requires taxpayers to submit
written authorization to the comptroller to designate an autho-
rized representative(s). See Tax Code, 111.023. Paragraph (1)
provides guidance to taxpayers who are individuals. Paragraph
(2) provides guidance to taxpayers who are entities. Paragraph
(3) addresses the timing of a taxpayer's written authorization un-
der this subsection. Paragraph (4) restates deleted language
and explains that an authorized representative may be any per-
son of a taxpayer's choice. See Tax Code, 111.023; Govern-
ment Code, 2003.101(k).
New subsection (b) requires each taxpayer to designate a rep-
resentative for notice. The law requires a single notice to a
party or the party's representative, not a party's employee(s),
owner(s), or other individual(s) in addition to the party's repre-
sentative. Government Code 2001.142, which continues in ef-
fect for cases set by SOAH before September 1, 2015, refers to
notice to "{a} party or attorney of record." For cases set by SOAH
on and after September 1, 2015, Senate Bill 1267, 84th Legisla-
ture, 2015, adds the issue of revising a rehearing period based
on notice to a "party or the party's attorney" and that person's
"actual knowledge" of a signed decision or order. Notice of a con-
tested case decision or order must be administered in light of the
"actual knowledge" requirement in SB 1267. Government Code,
2001.142 refers to a single notice. SOAH Rules of Procedure
1 TAC 155.201 (Representation of Parties) refers to a single
authorized representative. For consistency throughout the tax
hearing, all contested case documents will be sent to a single
designated representative for notice, beginning on the effective
date of this section. Paragraph (1) explains the procedure for a
taxpayer to designate a representative for notice. Paragraph (2)
explains that a taxpayer's designated representative for notice
is the individual who signs the taxpayer's Statement of Grounds,
until changed in accordance with this subsection. Paragraph (3)
states the requirement of a single mail address for the repre-
sentative for notice, and, if a taxpayer chooses, a single email
address for the purpose of service of documents under 1.32
of this title (relating to Service of Documents on Parties). Para-
graph (4) states how to change a designated representative for
notice. Paragraph (5) sets out the policy for attorneys licensed
in Texas who appear for the first time on behalf of a taxpayer in
New subsection (c) combines the last two sentences of the ex-
isting language in 1.4 into one subsection. Subsection (c) ex-
plains that hearings on contested cases are not open to the pub-
lic and outside observers and participants must obtain the agree-
ment of all parties.
No comments were received regarding adoption of the amend-
ment. However, upon further review, the comptroller has revised
subsection (b) to improve organization. No substantive changes
were made.
The amendment is adopted under Government Code,
2001.004 (Requirement to Adopt Rules of Practice and Index
Rules, Orders, and Decisions), which requires state agencies to
adopt rules of practice, and Tax Code, 111.002 and 111.0022,
which provide the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and
enforcement of the provisions of Tax Code, Title 2, as well as
taxes, fees, or other charges which the comptroller administers
under other law.
The section implements Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
practice, Tax Code, 111.023 (Written Authorization), 111.009
(Redetermination), and 111.105 (Tax Refund: Hearing).
1.4. Representation and Participation.
(a) Authorized representatives.
(1) A taxpayer who is an individual may represent himself
or herself at any stage of a contested case. A taxpayer who is an in-
dividual may have one or more authorized representatives and must
identify an authorized representative, if any, in writing.
(2) A taxpayer that is an entity must have at least one au-
thorized representative. A taxpayer that is an entity must identify its
authorized representative(s) in writing.
(3) Unless express written authorization is submitted be-
fore a contested case begins, when a representative appears for the first
time in a contested case, a pleading submitted on behalf of a taxpayer
must be accompanied by the express written authorization of the tax-
payer in whose name or on whose behalf it is submitted, in accordance
with Tax Code 111.023. For example, a written authorization submit-
ted to an auditor before a determination is issued satisfies this require-
ment.
(4) An authorized representative may be an attorney, an ac-
countant, or any other person of a taxpayer's choice.
(b) Designated representative for notice.
(1) Although a taxpayer may have more than one autho-
rized representative, the taxpayer shall designate a single representa-
tive for notice of contested case documents. The designated represen-
tative for notice is responsible for the receipt of contested case docu-
ments, such as for the purpose of 1.32 of this title (relating to Service
of Documents on Parties), 1.28 of this title (relating to Comptroller's
Decisions and Orders), and 1.29 of this title (relating to Motion for
Rehearing).
ADOPTED RULES July 7, 2017 42 TexReg 3489
 (2) A taxpayer's designated representative for notice shall
be the individual signing the original Statement of Grounds, until
changed in accordance with this subsection. A taxpayer may continue
to use the same representative for matters before a contested case
begins by authorizing the same representative to sign the Statement of
Grounds.
(3) The designation must include a single person's name
and a single mail address. The designation may include a single email
address for the purpose of 1.32 of this title.
(4) A taxpayer may change its designated representative
for notice by submitting the information required in this subsection to
Audit Processing by email to: Audit.Processing@cpa.texas.gov or by
contacting the assigned Assistant General Counsel. The effective date
will be the date of receipt of the notice.
(5) When an attorney licensed to practice law in Texas files
a motion for rehearing in accordance with 1.18 of this title (relating
to Filing Documents), the motion is considered to be a taxpayer's ex-
press written authorization to change its designated representative for
notice to the filing attorney. When more than one attorney appears in
a motion for rehearing, the attorney whose signature first appears on
the motion shall be the designated representative for notice unless the
motion designates another attorney.
(c) Hearings at SOAH on contested cases are not open to the
public. Any person desiring to observe or participate at any stage of a
contested case who is not a party, not employed by a party, or not called
as a witness, must obtain the agreement of all parties.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702447
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
after the resolution agreement is executed, agency staff will
34 TAC 1.8
The Comptroller of Public Accounts adopts amendments to
1.8, concerning resolution agreements, with changes to the
proposed text as published in the April 21, 2017, issue of the
Texas Register (42 TexReg 2150).
The amendments update and formalize the procedures by which
the parties may fully resolve a contested case by entering into a
resolution agreement.
Former 1.8 permits the resolution of a contested case prior to
the issuance of a position letter. Based on practices that have
evolved over time, whether or not a position letter has been is-
sued does not materially affect the procedure to resolve a con-
tested case by agreement. A resolution agreement between
a taxpayer and the agency is an effective and efficient tool to
resolve a contested case. The amendments set forth proce-
dures and requirements for effective resolution agreements. The
amendments further explain that a resolution agreement ends
the contested case without the issuance of an agency decision
42 TexReg 3490 July 7, 2017 Texas Register
or order, and acts as a waiver of a hearing that has not yet oc-
curred.
Subsection (a) is amended to provide that if the parties agree
to resolve all contentions, the agency may amend the liability,
or agree to issue a credit or refund, by entering into a reso-
lution agreement with all parties. The amendment deletes the
reference to a position letter to make clear that an agreed res-
olution is permitted regardless of whether a position letter has
been issued. The amendment also deletes the phrase address-
ing when "the taxpayer's contentions are fully accepted." This
scenario is addressed in new 1.39 of this title (relating to Dis-
missal of Case).
Subsection (b)(1), (2), and (3) is amended to state the require-
ments of a resolution agreement, which must be in writing and
signed by all parties, and must specify any agreed tax adjust-
ments and any penalty and interest waivers. Paragraph (4) re-
quires the resolution agreement to include the taxpayer's with-
drawal of hearing request, acknowledgement that the contested
case is resolved, and a statement that no Comptroller's Deci-
sion will issue. The text in the former subsection (b), addressing
the finality of agreed resolutions, is deleted. The reference to
Government Code, 2001.142, does not apply to the practice
of using a resolution agreement to resolve contested cases be-
cause no decision or order is issued following the execution of
the resolution agreement. Notification of the finality of the con-
tested case after a resolution agreement is signed, and the due
date for any payments due under the agreement, is addressed
in new subsection (c).
New subsection (c) sets forth the procedure to resolve a
contested case using a resolution agreement. Paragraph (1)
provides that the agency will use standard resolution agreement
forms, and agency staff will be responsible for adapting these
standard resolution agreement forms to draft the resolution
agreement. Paragraph (2) provides that the resolution agree-
ment may incorporate one or more exhibits stating the specific
agreed adjustments to the taxpayer's account. Paragraph (3)
provides that the resolution agreement will be effective and bind-
ing on the date it is signed by all parties, unless later amended
pursuant to paragraph (7) of this subsection, and provides that
the comptroller will delegate authority to the appropriate agency
staff to execute the agreements. Paragraph (4) provides that
process the agreement and make any adjustments to the liability
or refund consistent with the agreement. Paragraph (5) provides
that after the appropriate adjustments are made, the comptroller
will provide all parties with a copy of the executed resolution
agreement and a statement of account stating any adjustments.
Paragraph (6) provides that the resolution agreement will either
provide a specific due date to remit any amounts due from the
taxpayer, as required by the agreement, or provide that the
remittal due date is no later than 30 days after the date of the
statement of account. Paragraph (7) provides that the parties
may agree to sign an amendment to the resolution agreement
to correct any calculation errors or otherwise conform the
agreement to the parties' mutual intent.
New subsection (d) provides that a taxpayer may request poten-
tial resolution of a case by the Tax Dispute Division or successor
office and a taxpayer may request a case referral to the Tax Dis-
pute Division through the Assistant General Counsel assigned to
the case. Further, new subsection (d) provides that the agency
has the sole discretion to grant or refuse a request for poten-
tial settlement under this subsection and, if a contested case is
under review by the tax dispute office, any applicable deadlines
prescribed under this chapter are suspended for all parties.
Comments were received on the proposed amendments from
the State Bar of Texas Tax Section, which expressed a request
for the comptroller to delete the explicit requirement that agency
staff begin with an approved form or, in the alternative, delay
the adoption of this section until interested parties have had an
opportunity to review and comment on the proposed standard
resolution form.
The comptroller declines to edit the rule or delay adoption
as requested for the following reasons. The comptroller has
found that the use of standard resolution agreement terms and
conditions promotes consistency and equal treatment in the
administration of tax laws and rules. Standard resolution agree-
ment terms and conditions also allow for consistent processing
of adjusted liabilities or credits within the agency pursuant to
the parties' agreement, while reducing the opportunities for
mistakes. However, to preserve the comptroller's ability to make
slight changes to the standard agreement as may be appropriate
in the future, the comptroller does not want to adopt a form by
reference in the rule. As is current practice, taxpayers or their
authorized representatives may request a copy of the standard
agreement from the Assistant General Counsel assigned to the
contested case.
Additional comments received on the proposed amendments
from the State Bar of Texas Tax Section expressed a request for
the comptroller to add a statement in subsection (c)(7) to clarify
that agency staff will draft an amendment to a resolution agree-
ment, as appropriate. The comptroller has revised subsection
(c)(7) in response to this comment.
The amendments are adopted under Government Code,
2001.004 (Requirement to Adopt Rules of Practice and Index
Rules, Orders, and Decisions), which requires state agencies to
adopt rules of practice, and Tax Code 111.002 and 111.0022,
which provide the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and
enforcement of the provisions of Tax Code, Title 2, as well as
taxes, fees, or other charges which the comptroller administers
under other law.
The amendments implements Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, and 2001.056 (Informal Disposition of Con-
tested Case), and Tax Code, 111.009 (Redetermination),
111.101 (Settlement), 111.103 (Settlement of Penalty and Inter-
est Only), and 111.105 (Tax Refund: Hearing).
1.8. Resolution Agreements.
(a) If the parties agree on a resolution of all contentions, the
agency may agree to sign a resolution agreement.
(b) A resolution agreement is an agreement between all parties
to adjust, or compromise and settle, a taxpayer's tax, credit, refund,
penalties, interest, or any other issue in a contested case. The resolution
agreement:
(1) must be in writing and signed by all parties;
(2) must either specify any agreed tax adjustments, if spe-
cific adjustments are agreed, or state the amount of tax due or the
amount of refund due as a result of the agreement;
(3) must either specify any waivers of applicable penalty
or interest, if specific adjustments are agreed, or state the amount of
penalty or interest due as a result of the agreement; and
(4) must include the taxpayer's withdrawal of hearing re-
quest, an acknowledgment that the contested case is resolved, and a
statement that no Comptroller's Decision will issue.
(c) The following procedures will be used to document the res-
olution agreement and end the contested case.
(1) Based on standard resolution agreement forms ap-
proved by the agency, agency staff will draft the resolution agreements
to include all agreed terms and provide a copy to all parties for
signature.
(2) The resolution agreement may refer to and incorporate
one or more exhibits showing the specific adjustments to be made to
the taxpayer's account.
(3) The resolution agreement will be effective and binding
on the parties on the date it has been signed by all parties, subject to any
amendments pursuant to paragraph (7) of this subsection. The comp-
troller may delegate signature authority to appropriate agency staff for
the purpose of signing resolution agreements.
(4) After the resolution agreement is signed by all parties,
agency staff will adjust the liability, credit, or refund as required by the
resolution agreement.
(5) After adjustments required by the resolution agreement
are made, agency staff will provide to all parties a copy of the signed
agreement and a statement of account reflecting the adjustments made.
(6) The resolution agreement will either provide a specific
due date to remit any amounts due from the taxpayer, as required by
the agreement, or provide that the remittal due date is no later than 30
days after the date of the statement of account.
(7) If, after the resolution agreement is signed by all par-
ties, the parties determine and agree that the adjusted tax, credit, refund,
penalties, or interest as stated in the resolution agreement was calcu-
lated in error or contrary to the parties' intent, the parties may sign an
amendment to the resolution agreement. The Assistant General Coun-
sel assigned to the case will prepare an amendment that correctly effec-
tuates the parties' intent and will provide it to the taxpayer for approval
and signature.
(d) After a contested case has been assigned a hearing number,
a taxpayer may request that the case be referred to the Tax Dispute
Division or any successor office for potential resolution. The request
should be made to the Assistant General Counsel assigned to the case.
The agency retains sole discretion to grant or refuse the request. While
a case is under review by the Tax Dispute Division, all deadlines under
the comptroller's rules of practice and procedure are suspended.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702449
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
ADOPTED RULES July 7, 2017 42 TexReg 3491

34 TAC 1.18
The Comptroller of Public Accounts adopts the repeal of 1.18,
concerning filing of documents, without changes to the proposed
text as published in the April 21, 2017, issue of the Texas Regis-
ter (42 TexReg 2151). The comptroller is adopting a new 1.18
that will replace the existing section. The repeal of 1.18 will be
effective as of the date the new 1.18 takes effect.
No comments were received regarding adoption of the repeal.
The repeal is adopted under APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.009 (Redetermination)
and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702434
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
ders, and Decisions), which requires state agencies to adopt
34 TAC 1.18
The Comptroller of Public Accounts adopts new 1.18, concern-
ing filing documents, without changes to the proposed text as
published in the April 21, 2017, issue of the Texas Register (42
TexReg 2152). Existing 1.18 is adopted for repeal concurrently
with this new section. New 1.18 explains where contested case
documents must be filed.
Subsection (a) explains that when a contested case is docketed
at SOAH, parties must file documents with SOAH in accordance
with SOAH Rules of Procedure.
Subsection (b) provides citations to relevant statutory authority
to explain the types of documents that must be filed with the
comptroller under this subchapter.
Subsection (c) states the contact information to file documents
with the comptroller through the Office of Special Counsel for Tax
Hearings.
Subsection (d) explains the date a document is considered filed
with the comptroller. The date a document is filed with the comp-
troller is the date it is received. Documents filed electronically are
considered received on the time and date recorded on the elec-
tronic transmission by the agency's system. Documents filed by
42 TexReg 3492 July 7, 2017 Texas Register
mail are considered received on the time and date recorded by
the comptroller. The proposed section is consistent with SOAH
Rules of Procedure, 1 TAC 155.101, which states that the time
and date of documents filed electronically shall be determined
by the time and date of receipt recorded by SOAH's electronic
case information system, which provides a consistent procedure
during the same tax hearing to determine the date a document
is filed. See also SOAH Rules of Procedure, 1 TAC 155.51(b),
which states that a Request to Docket Case form is considered
filed on the date it is received by SOAH.
Subsection (e) explains that a taxpayer may ask for documen-
tation from the comptroller of the actual date the comptroller re-
ceived a document filed in accordance with this section.
Subsection (f) explains that in the event that the Office of Spe-
cial Counsel for Tax Hearings has no document demonstrating
the date of receipt of a document filed in accordance with this
section, then another relevant and reliable document is accept-
able proof of the date of receipt. This subsection explains that
a certificate of service, which shows a document was served to
a party as described in 1.32 of this title (relating to Service of
Documents on Parties), is not acceptable as proof that the doc-
ument was filed or the date it was filed. The new rule provides
guidance that was not previously addressed by rule.
Subsection (g) refers to 1.8 of this title (relating to Resolution
Agreements) and 1.28 of this title (relating to Comptroller's De-
cisions and Orders) for guidance regarding the process for re-
solving a contested case by agreement and, if applicable, guid-
ance on when to file a motion to dismiss after a resolution agree-
ment.
Subsection (h) explains that when a document is filed, service
is required. Parties should refer to 1.32 of this title, relating to
Service of Documents on Parties.
No comments were received regarding adoption of the new sec-
tion.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.009 (Redetermination)
and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702441
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387

34 TAC 1.28
The Comptroller of Public Accounts adopts the repeal of 1.28,
concerning comptroller's decision, without changes to the pro-
posed text as published in the April 21, 2017, issue of the Texas
Register (42 TexReg 2153). The comptroller is adopting a new
1.28 that will replace the existing section. The repeal of 1.28
will be effective as of the date the new 1.28 takes effect.
Some of the topics addressed in current 1.28 are relocated to
and addressed in new or amended sections of this title. For ex-
ample, new 1.4 of this title (relating to representation and par-
ticipation) addresses receipt of notice of decisions and orders
pursuant to Senate Bill 1267, 84th Legislature, 2015. New 1.29
of this title (relating to motion for rehearing) addresses a motion
for rehearing and, related to a motion for rehearing, a motion
to revise and motion to extend a rehearing period. New 1.39
of this title (relating to dismissal of case) addresses motions to
dismiss. These new sections are concurrently adopted with this
repeal of 1.28 and new 1.28, concerning comptroller's deci-
sions and orders.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
practice, and Tax Code, 111.002 and 111.0022, which provide
the comptroller with the authority to prescribe, adopt, and en-
force rules relating to the administration and enforcement of the
provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements Government Code. 2001.004 (Require-
ment to Adopt Rules of Practice and Index Rules, Orders, and
Decisions), which requires state agencies to adopt rules of prac-
tice, and 2001.141 - 2001.147, and Tax Code, 111.009 (Re-
determination) and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702435
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.28
The Comptroller of Public Accounts adopts new 1.28, concern-
ing comptroller's decisions and orders, without changes to the
proposed text as published in the April 21, 2017, issue of the
Texas Register (42 TexReg 2154). The new section implements
Senate Bill 1267, 84th Legislature, 2015 (SB 1267) with respect
to notice of a decision and finality of a decision and order.
Subsection (a) states that the comptroller will review a proposal
for decision and the associated administrative record, including
any exceptions and replies, and issue a decision.
Subsection (b) addresses notice of comptroller's decisions and
orders. The subsection explains that the Office of Special Coun-
sel for Tax Hearings sends each decision and order to a tax-
payer's designated representative for notice as described in new
1.4 of this title (relating to Representation and Participation).
The subsection is consistent with notice of a comptroller's de-
cision or order described by Government Code, 2001.142, in-
cluding law added by SB 1267 relating to actual knowledge or
receipt of notice.
Subsection (c) states when decisions and orders become final.
Subsection (c) implements SB 1267.
Subsection (d) states that either party may waive its right to file a
motion for rehearing and explains the related filing requirement.
Subsection (e) explains that if the comptroller grants a motion for
rehearing, the decision or order is vacated and the comptroller
will issue a new decision or order on rehearing.
Comments were received on the proposed amendments from
the State Bar of Texas Tax Section, which expressed a request
to add a standard timeframe within which the agency is required
to issue a comptroller's decision on a proposal for decision.
The comptroller declines to edit the rule as requested to include
a deadline by which the comptroller must issue a decision for the
following reasons. First, the contested issues in each tax hear-
ing vary in number and in complexity, and this is often reflected
in the length of time needed to review each proposal for deci-
sion, any exceptions and replies, and the record in contested
cases. Second, the time needed to process audit adjustments
varies from case to case. Each decision includes an Attachment
A, processed by the Audit Division to reflect adjusted or updated
tax, penalty, and interest amounts. The comptroller does, how-
ever, commit to work with the resources available to move cases
through the contested case process as quickly and accurately as
possible. In addition, as is current practice, a taxpayer or autho-
rized representative may contact the Assistant General Coun-
sel assigned to the contested case or contact the Office of Spe-
cial Counsel for Tax Hearings to request a status update when a
comptroller's decision is pending.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
practice, and 2001.141 - 2001.147 (Contested Cases: Final
Decisions and Orders; Motions for Rehearing), and Tax Code,
111.009 (Redetermination) and 111.105 (Tax Refund: Hear-
ing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702442
ADOPTED RULES July 7, 2017 42 TexReg 3493
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.29
The Comptroller of Public Accounts adopts the repeal of 1.29,
concerning motion for rehearing, without changes to the pro-
posed text as published in the April 21, 2017, issue of the Texas
Register (42 TexReg 2153). The comptroller is adopting a new
1.29 that will replace the existing section. The repeal of 1.29
will be effective as of the date the new 1.29 takes effect.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
practice, and Tax Code, 111.002 and 111.0022, which provide
the comptroller with the authority to prescribe, adopt, and en-
force rules relating to the administration and enforcement of the
provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements Government Code, 2001.004 (Require-
ment to Adopt Rules of Practice and Index Rules, Orders, and
Decisions), which requires state agencies to adopt rules of prac-
tice, and 2001.141 - 2001.147, and Tax Code, 111.009 (Re-
determination) and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702436
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.29
The Comptroller of Public Accounts adopts new 1.29, concern-
ing motion for rehearing, with changes to the proposed text as
published in the April 21, 2017, issue of the Texas Register (42
TexReg 2155). Existing 1.29 is adopted for repeal concurrently
with this new section. The new section implements Senate Bill
1267, 84th Legislature, 2015 (SB 1267) and provides additional
guidance to assist parties to a contested case in filing a motion
for rehearing.
Subsection (a) is titled "definition" and provides general guid-
ance and context for the provisions in this section.
Subsection (b) provides citations to relevant statutory authority
and explains what a motion for rehearing must contain. See
Government Code, 2001.146(g); Tax Code, 111.105(d).
42 TexReg 3494 July 7, 2017 Texas Register
Subsection (c) sets out the deadline for filing a motion for re-
hearing. It implements SB 1267, which changed the motion
for rehearing deadlines for hearings set at SOAH on and after
September 1, 2015. The comptroller will state the motion for
rehearing filing deadline on the first page of the comptroller's de-
cision. A motion for rehearing will be considered timely, for con-
tested case purposes, if filed by the stated deadline.
Subsection (d) explains that parties to a contested case may re-
quest additional time to file a motion for rehearing according to
the current provisions under Government Code, 2001.146(e)
("A state agency may extend the time for filing a motion [for
rehearing] .") and Government Code, 2001.142(d) ("To es-
tablish a revised period under subsection (c), the adversely af-
fected party must prove, on sworn motion and notice, that the
date the party received notice from the state agency or acquired
actual knowledge of the signing of the decision or order was after
the 14th day after the date the decision or order was signed.").
See also, Government Code, 2001.142(c) ("The period may not
begin earlier than the 15th day or later than the 90th day after
the date the decision or order was signed."); Government Code,
2001.142(g) ("The date specified in the sworn motion shall be
considered the date the decision or order was signed.").
Subsection (e) refers to 1.31 of this title, relating to Computation
of Time, for guidance on how to calculate the due date for a
motion for rehearing.
Subsection (f) refers to 1.18 of this title, relating to Filing Doc-
uments, for guidance on how to determine when a document is
considered filed with the agency.
Subsection (g) directs readers to 1.18 of this title, relating to
Filing Documents, for the contact information for the Office of
Special Counsel for Tax Hearings so parties know where to file
motions for rehearing and related documents.
Subsection (h) explains that a party that files a motion for rehear-
ing or reply needs to provide a copy to all parties, in accordance
with 1.32 of this title, relating to Service of Documents on Par-
ties.
Subsection (i) explains the deadline for filing a reply to a motion
for rehearing, should a party choose to file one. This implements
Government Code, 2001.146(b).
Subsection (j) explains that the comptroller does not have to re-
spond to a motion for rehearing and can allow the motion to be
denied by operation of law. But, if the comptroller chooses to re-
spond to a motion for rehearing, this subsection governs when
and how that will occur, in accordance with Government Code,
2001.146(c) and (f).
Subsection (k) explains the finality date of a comptroller's deci-
sion.
Comments were received on the proposed amendments from
the State Bar of Texas Tax Section, which expressed a request
for the comptroller to pre-issue a standard written order in each
case providing that, if no action has been taken on a motion for
extension after the deadline to file a motion for rehearing, such
deadline to file a motion for rehearing is extended by a certain
number of days.
The comptroller declines to edit the rule as requested to require
the comptroller to pre-issue standard written orders in each case
for the following reasons. First, such a process would be ineffi-
cient and slow down the overall time it takes to process comp-
troller 's decisions because the number of cases in which such
an order would be relevant is small, representing fewer than
10% of cases. Second, a motion to extend time must be filed
with the comptroller, with a copy served on each party to the
case. Assuming a motion to extend time is filed as required, the
comptroller grants and denies extensions by written order, which
means that a taxpayer receives a response from the comptroller.
Subsection (d)(1) has been revised to memorialize this current
practice. In addition, as is current practice, a taxpayer or autho-
rized representative may contact the Assistant General Counsel
assigned to the contested case or contact the Office of Special
Counsel for Tax Hearings to request a status update after a mo-
tion to extend time has been filed.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
practice, and 2001.141 - 2001.147, and Tax Code, 111.009
(Redetermination) and 111.105 (Tax Hearing: Refund).
1.29. Motion for Rehearing.
(a) Definition. A motion for rehearing is a request to the comp-
troller from a party in a contested case to reconsider part or all of a
decision or order. The motion may or may not result in an additional
hearing. A motion for rehearing is a prerequisite for a tax refund law-
suit.
(b) Contents of a motion for rehearing.
(1) Government Code, 2001.146(g) provides that a mo-
tion for rehearing must identify with particularity findings of fact or
conclusions of law that are the subject of the complaint and any evi-
dentiary or legal ruling claimed to be erroneous.
(2) Government Code, 2001.146(g) further provides that
a motion for rehearing must also state the legal and factual basis for the
claimed error.
(3) Tax Code, 111.105(d) further provides that a motion
for rehearing on a tax refund claim must assert each specific ground of
error and state the amount of the refund sought.
(c) Deadline to file a motion for rehearing. A motion for re-
hearing must be filed no later than 25 days after the comptroller's de-
cision is signed. The comptroller will state the 25-day deadline to file
a motion for rehearing on the first page of the comptroller's decision.
For contested case purposes, the comptroller will consider a motion for
rehearing timely if it is filed by the motion for rehearing deadline stated
on the comptroller's decision.
(d) Additional time to file a motion for rehearing.
(1) Motion for extension of time. A motion to extend the
time to file a motion for rehearing or reply must be filed with the comp-
troller in accordance with 1.18 of this title (relating to Filing Docu-
ments). Government Code, 2001.146(e) gives the comptroller the au-
thority to act on the motion not later than the 10th day after the original
deadline. If a motion is timely and properly filed, the comptroller shall
issue an order granting or denying the motion. If the comptroller has
not timely acted on the motion, the motion is considered overruled.
(2) Failure to receive notice. Government Code,
2001.142 establishes a procedure to revise the motion for rehearing
period if a party did not receive notice or acquire actual knowledge
of a signed decision before the 15th day after the date the decision is
signed. A party may file a sworn motion to revise the period for filing a
motion for rehearing. The motion must be filed with the comptroller in
accordance with 1.18 of this title. If the comptroller does not issue an
order granting or denying the motion by the 10th day after the motion
is received, the motion is considered granted by operation of law.
(e) Calculation of due dates. Refer to 1.31 of this title (relat-
ing to Computation of Time) for guidance related to the calculation of
due dates.
(f) Determining the date that a document is filed. Refer to
1.18 of this title for guidance related to determining the date a docu-
ment is filed.
(g) Filing information for the Office of Special Counsel for
Tax Hearings. The motions and replies described in this section must be
filed with the Office of Special Counsel for Tax Hearings, in accordance
with the requirements set out in 1.18 of this title.
(h) Requirement to serve other parties. A copy of the motion
or reply must be sent to other parties on the same date the motion or
reply is filed with the Office of Special Counsel for Tax Hearings. Refer
to 1.32 of this title (relating to Service of Documents on Parties) for
additional guidance.
(i) Reply to a motion for rehearing. A party may file a reply to
a motion for rehearing, but a reply is not required. The reply must be
filed no later than the 40th day after the date the decision is signed.
(j) Action on a motion for rehearing.
(1) The comptroller is not required to act on a motion for
rehearing. If the comptroller does not timely act to grant the motion for
rehearing, the motion for rehearing is overruled by operation of law
the 55th day after the decision was signed. If the comptroller grants
an extension to file a motion for rehearing and does not timely act to
grant the motion for rehearing, the motion for rehearing is overruled
by operation of law the 100th day after the decision was signed.
(2) If the comptroller acts on a motion for rehearing, the
comptroller will send a written order granting or denying a rehearing
to each party's designated representative for notice. An order granting a
motion for rehearing may or may not include the comptroller's decision
upon rehearing.
(k) Finality. If a motion for rehearing is overruled, whether by
order or operation of law, the comptroller's decision is final on the date
the motion is overruled.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702443
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.31
ADOPTED RULES July 7, 2017 42 TexReg 3495
The Comptroller of Public Accounts adopts the repeal of 1.31,
concerning computation of time, without changes to the pro-
posed text as published in the April 21, 2017, issue of the Texas
Register (42 TexReg 2157). The comptroller is adopting a new
1.31 that will replace the existing section. The repeal of 1.31
will be effective as of the date the new 1.31 takes effect.
No comments were received regarding adoption of the repeal.
The repeal is adopted under APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.009 (Redetermination)
and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702437
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
rules of practice, and Tax Code, 111.002 and 111.0022, which
34 TAC 1.31
The Comptroller of Public Accounts adopts new 1.31, concern-
ing computation of time, without changes to the proposed text as
published in the April 21, 2017, issue of the Texas Register (42
TexReg 2157). Existing 1.31 is adopted for repeal concurrently
with this new section. The new 1.31 reorganizes information
contained in current 1.31 and provides additional guidance in-
tended to assist parties in timely filing documents during a con-
tested case.
Subsection (a) explains the general rules for computing time pe-
riods. Paragraph (1) incorporates information included in former
1.31 and the SOAH Rules of Procedure. See 1 TAC 155.7(b)
(Computing Time Periods). Paragraph (2) is an example to illus-
trate the provisions set out in paragraph (1).
Subsection (b) explains that calendar days are used in comput-
ing a period of time. See 1 TAC 155.7(c) (Calendar Days).
No comments were received regarding adoption of the new sec-
tion.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
42 TexReg 3496 July 7, 2017 Texas Register
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.009 (Redetermination)
and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702444
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.32
The Comptroller of Public Accounts adopts the repeal of 1.32,
concerning service, without changes to the proposed text as
published in the April 21, 2017, issue of the Texas Register (42
TexReg 2158). The comptroller is adopting a new 1.32 that will
replace the existing section. The repeal of 1.32 will be effective
as of the date the new 1.32 takes effect.
No comments were received regarding adoption of the repeal.
The repeal is adopted under APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, and 2001.142 (Notification of Decisions and
Orders); Tax Code, 111.006 (Confidentiality of Information),
111.009 (Redetermination), and 111.105 (Tax Refund: Hearing);
and Government Code, 552.137 (Confidentiality of Certain
E-mail Addresses).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702438
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.32
The Comptroller of Public Accounts adopts new 1.32, concern-
ing service of documents on parties, with changes to the pro-
posed text as published in the April 21, 2017, issue of the Texas
Register (42 TexReg 2158). Existing 1.32 is adopted for repeal
concurrently with this new section. New 1.32 provides guid-
ance intended to assist parties in the requirement to serve docu-
ments during a contested case and the methods and timeliness
of service.
Subsection (a) explains that a party filing a contested case doc-
ument shall also serve a copy on each party. This subsection
also incorporates language formerly located in subsections (b)
and (h)(2).
Subsection (b) describes the available methods of service and
incorporates language currently included in subsection (a). See
also, Government Code, 2001.142 (Notification of Decisions
and Orders). Parties may send documents to the agency via ap-
propriate fax numbers; however, the agency will not send docu-
ments via fax to taxpayers or representatives. The agency can-
not encrypt faxes to protect confidential information. Contested
case documents that contain confidential information that are
sent by the agency via email will be encrypted in accordance
with applicable law.
Subsection (c) addresses service on interested parties and in-
cludes the provision currently located in subsection (c).
Subsection (d) provides guidance for determining when service
on the Administrative Hearings Section is complete. These pro-
visions are drawn from current subsection (g), except that ser-
vice by fax and email is extended to allow additional time, which
may assist taxpayers or representatives located in different time
zones.
Subsection (e) sets out the requirement to include a certificate
of service on contested case documents and incorporates lan-
guage from former subsection (e) and SOAH Rules of Procedure
1 TAC 155.103(b) (Certificate of Service).
Subsection (f) adopts the language in former subsection (f) with-
out substantive change.
No comments were received regarding adoption of the new sec-
tion. However, upon further review, the comptroller has revised
subsection (c) to improve readability and subsection (d) to substi-
tute "Administrative Hearings Section" for "Tax Division." These
changes are non-substantive and intended to provide clarity.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Tax Code, 111.006 (Confidential-
ity of Information), 111.009 (Redetermination), and 111.105
(Tax Refund: Hearing); Government Code, 552.137 (Confi-
dentiality of Certain E-mail Addresses); and Government Code,
2001.004 (Requirement to Adopt Rules of Practice and Index
Rules, Orders, and Decisions) and 2001.142 (Notification of
Decisions and Orders).
1.32. Service of Documents on Parties.
(a) Service required. A party filing a contested case document
shall also serve a copy on each party in accordance with 1.4 of this
title (relating to Representation and Participation). When SOAH has
jurisdiction, a party shall follow the SOAH Rules of Procedure. A
party filing a document that is required to be served must include a
certificate of service as described in this section. The sender has the
burden of proving the date and time of service of a document.
(b) Methods of service. Service generally means sending or
delivering a contested case document in order to charge a party with
receipt of it and subject a party to its legal effect. Service may be made
by the following methods:
(1) hand-delivery;
(2) regular (United States Postal Service or private mail
service), certified, or registered mail;
(3) email, upon agreement of the parties; or
(4) if sent by a taxpayer or representative, fax.
(c) Service on interested parties. Interested parties admitted
to a contested case pursuant to 1.36 of this title (relating to Interested
Parties) shall also be served.
(d) Determining when service on the Administrative Hearings
Section is complete. Service on the Administrative Hearings Section
must be through the assigned Assistant General Counsel in the Admin-
istrative Hearings Section. Service may be made as provided in para-
graphs (1) and (2) of this subsection.
(1) Hand-delivery. The file stamp affixed by the Adminis-
trative Hearings Section will be the date of service for hand-delivered
documents. Hand-delivered documents must be addressed to Adminis-
trative Hearings Section, Texas Comptroller of Public Accounts, 1700
N. Congress Avenue, Suite 320, Austin, Texas 78701.
(2) Delivery by methods other than hand-delivery. The
postmark, shipping, or transmission date indicated on documents is
presumed to be the date of service, but this is a rebuttable presump-
tion. Documents served by fax or email are considered served on a
date when they are received at any time during the 24-hour period from
12:00 a.m. (midnight) through 11:59 p.m. on that date, and documents
received on a day on which the agency is closed are considered filed
on the next calendar day on which the agency is open.
(e) Certificate of service. A party filing a document that must
be served shall include a signed certificate of service with the filed doc-
ument that certifies compliance with this section. A form for a certifi-
cate of service shall be sufficient if it substantially complies with the
following example: "Certificate of Service: I certify that on (date), a
true and correct copy of this (name of document) has been sent to (name
of taxpayer's designated representative for notice or assigned Assistant
General Counsel) by (specify method of delivery and delivery address).
(Signature)."
(f) Service of notice of hearing. Unless otherwise required by
law, service of notice of hearing shall be made in the manner required
by Government Code, Chapter 2001.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702445
ADOPTED RULES July 7, 2017 42 TexReg 3497
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
tive determination of the sufficiency of a contested case issue
34 TAC 1.39
The Comptroller of Public Accounts adopts the repeal of 1.39,
concerning dismissal of case, without changes to the proposed
text as published in the April 21, 2017, issue of the Texas Regis-
ter (42 TexReg 2159). The comptroller is adopting a new 1.39
that will replace the existing section. The repeal of 1.39 will be
effective as of the date the new 1.39 takes effect.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
practice, and Tax Code, 111.002 and 111.0022, which provide
the comptroller with the authority to prescribe, adopt, and en-
force rules relating to the administration and enforcement of the
provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements Government Code, 2001.004 (Require-
ment to Adopt Rules of Practice and Index Rules, Orders, and
Decisions), which requires state agencies to adopt rules of prac-
tice, and 2001.141 - 2001.147, and Tax Code, 111.009 (Re-
determination) and 111.105 (Tax Refund: Hearing).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702439
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
and Decisions), which requires state agencies to adopt rules of
34 TAC 1.39
The Comptroller of Public Accounts adopts new 1.39, concern-
ing dismissal of case, without changes to the proposed text as
published in the April 21, 2017, issue of the Texas Register (42
TexReg 2160). Existing 1.39 is adopted for repeal concurrently
with this new section.
Subsection (a) provides a non-exhaustive list of the grounds
upon which a party may file a motion to dismiss. Paragraph (1)
recognizes that a motion to dismiss may be filed after a reso-
lution agreement under 1.8 of this title (relating to Resolution
Agreements).
Paragraphs (2) and (3) refer to a motion based on a taxpayer's
failure to reply to a Position Letter and a taxpayer's want of pros-
ecution. Paragraphs (2) and (3) state existing language concur-
rently repealed in 1.28 of this title.
42 TexReg 3498 July 7, 2017 Texas Register
Paragraph (4) states existing language, with change, concur-
rently repealed in 1.28 of this title: "failure to state a claim upon
which relief can be brought." Paragraph (4) refers to "failure to
state a contested case issue for which relief can be granted."
When there is no contested case issue to decide because no
contested case issue is raised, then a case may be dismissed.
Paragraph (4) addresses a jurisdictional issue; it is not a subjec-
that is actually raised.
Paragraph (5) refers to a situation when there is no contested
case issue to decide because the comptroller has granted the
relief requested. Paragraph (5) encompasses the concept from
existing language, with change, that is concurrently deleted in
an amendment to 1.8 of this title: "If the taxpayer's contentions
are fully accepted the agency may elect to amend the deter-
mination, to issue an amended billing, or agree to a refund or
credit request ," and to remove a limitation to resolve a case
prior to the issuance of a position letter.
Paragraph (6) addresses situations when a taxpayer's claims are
moot because a bankruptcy court has issued a judgment or order
disposing of the claims. This reflects current agency practice.
Paragraph (7) addresses situations when a taxpayer's claims for
the same tax and the same period are pending in a court. Para-
graph (7) addresses a jurisdictional issue; it is not a subjective
determination of the sufficiency of a contested case issue.
Subsection (b) explains the procedures to file a motion to dis-
miss, depending on whether SOAH or the comptroller has juris-
diction of the contested case at the time the motion is filed.
Subsection (c) explains the procedure to file a reply to a motion
to dismiss.
No comments were received regarding adoption of the new sec-
tion.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
practice, and 2001.141-2001.147, and Tax Code, 111.009
(Redetermination) and 111.105 (Tax Hearing: Refund).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702446
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
34 TAC 1.41
The Comptroller of Public Accounts adopts the repeal of 1.41,
concerning ex parte communication, without changes to the pro-
posed text as published in the April 21, 2017, issue of the Texas
Register (42 TexReg 2161). The comptroller is adopting a new
1.41 that will replace the existing section. The repeal of 1.41
will be effective as of the date the new 1.41 takes effect.
No comments were received regarding adoption of the repeal.
The repeal is adopted under APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The repeal implements APA, Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules,
Orders, and Decisions), which requires state agencies to adopt
rules of practice, 2001.061 (Ex Parte Consultations), and
2001.090 (Official Notice; State Agency Evaluation of Evidence).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on June 23, 2017.
TRD-201702440
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: July 13, 2017
Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
practice, 2001.061 (Ex Parte Consultations), and 2001.090
34 TAC 1.41
The Comptroller of Public Accounts adopts new 1.41, concern-
ing ex parte communications, with changes to the proposed text
as published in the April 21, 2017, issue of the Texas Register
(42 TexReg 2161). Existing 1.41 is adopted for repeal concur-
rently with this new section. The new section provides additional
guidance regarding ex parte communications. The substance of
the existing section is restated and reorganized into separate
subsections to improve readability.
Subsection (a) cites Government Code, 2001.061 and explains
the scope of prohibited ex parte communication.
Subsection (b) cites Government Code, 2001.061 and de-
scribes ex parte communication permitted under the law.
Subsection (c) sets out the procedure that is followed to cure
prohibited ex parte communication. See Government Code,
2001.061(a) (requiring notice and opportunity for each party to
participate).
Comments were received on the proposed amendments from
the State Bar of Texas Tax Section, which expressed the opinion
that subsection (a)(4) is overbroad in comparison to Government
Code, 2001.061(a). The comments requested that the only ex-
pressly prohibited ex parte communications be those communi-
cations with the administrative law judge assigned to the con-
tested case or, in the alternative, that the comptroller and Office
of Special Counsel for Tax Hearings staff be removed from the
list of parties with whom ex parte communications are prohibited.
The comptroller declines to edit the rule as requested for the fol-
lowing reasons. First, Government Code, 2001.061(a) states:
"(a) Unless required for the disposition of an ex parte matter au-
thorized by law, a member or employee of a state agency as-
signed to render a decision or to make findings of fact and con-
clusions of law in a contested case may not directly or indirectly
communicate in connection with an issue of fact or law with a
state agency, person, party, or a representative of those entities,
except on notice and opportunity for each party to participate."
This provision expressly prohibits ex parte communication with
"a member or employee of a state agency assigned to render a
decision," which includes indirect communication. In this agency,
the employee assigned to render a decision in tax hearings is the
Deputy Comptroller, and staff in the Office of Special Counsel for
Tax Hearings provides legal advice to the Deputy Comptroller
with respect to the proposals for decision. Therefore, in order to
ensure this section stays consistent with the law, the comptroller
declines to revise the draft rule in response to the comments.
However, upon further review, the comptroller has revised sub-
section (b) to substitute "Tax Policy Division" for "Tax Division."
This change is non-substantive and intended to provide clarity.
The new section is adopted under Government Code, 2001.004
(Requirement to Adopt Rules of Practice and Index Rules, Or-
ders, and Decisions), which requires state agencies to adopt
rules of practice, and Tax Code, 111.002 and 111.0022, which
provide the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of
the provisions of Tax Code, Title 2, as well as taxes, fees, or other
charges which the comptroller administers under other law.
The new section implements Government Code, 2001.004 (Re-
quirement to Adopt Rules of Practice and Index Rules, Orders,
and Decisions), which requires state agencies to adopt rules of
(Official Notice; State Agency Evaluation of Evidence).
1.41. Ex Parte Communications.
(a) Prohibited ex parte communications.
(1) Government Code, 2001.061(a) states, "Unless re-
quired for the disposition of an ex parte matter authorized by law, a
member or employee of a state agency assigned to render a decision
or to make findings of fact and conclusions of law in a contested case
may not directly or indirectly communicate in connection with an issue
of fact or law with a state agency, person, party, or a representative
of those entities, except on notice and opportunity for each party to
participate."
(2) The prohibition on ex parte communications includes
oral and written communications.
(3) The prohibition on ex parte communications applies for
the duration of a contested case. A contested case generally begins with
a request for redetermination of a deficiency or jeopardy determination,
or a request for hearing following denial of a request for refund. A
contested case generally ends when a decision is final.
(4) The prohibition on ex parte communications includes
communications with the following persons who participate in render-
ing decisions:
(A) the comptroller of public accounts;
(B) the deputy comptroller;
ADOPTED RULES July 7, 2017 42 TexReg 3499
 (C) staff of the Office of Special Counsel for Tax Hear- The agency certifies that legal counsel has reviewed the adop-
ings; and tion and found it to be a valid exercise of the agency's legal au-
thority.
(D) any administrative law judge assigned to the con-
tested case.
Filed with the Office of the Secretary of State on June 23, 2017.
(b) Permitted ex parte communications. Government Code, TRD-201702448
2001.061(c) allows a decision maker to communicate ex parte with an
Don Neal
agency employee who has not participated in a hearing in the case for
Chief Deputy General Counsel
the purpose of using the special skills or knowledge of the agency and
its staff in evaluating evidence. For example, the deputy comptroller Comptroller of Public Accounts
may communicate with an employee of the Tax Policy Division who Effective date: July 13, 2017
has not participated in the hearing. Proposal publication date: April 21, 2017
For further information, please call: (512) 475-0387
(c) The recipient of a prohibited ex parte communication may
notify the other parties of the content of the communication and provide
an opportunity for the other parties to respond. For purposes of this
subsection, a "recipient" is one or more of the individuals identified in
subsection (a)(4) of this section.

42 TexReg 3500 July 7, 2017 Texas Register

TABLES AND GRAPHICS July 7, 2017 42 TexReg 3501
Department of Aging and Disability Services
Correction of Error
The Department of Aging and Disability Services (DADS) published
an open solicitation for additional Medicaid beds through the high oc-
cupancy waiver process in the June 30, 2017, issue of the Texas Reg-
ister (42 TexReg 3421).
Due to an error by DADS, the table published with the open solicitation
omitted several counties from those eligible for additional Medicaid
beds. These counties are Atascosa, Dawson, Duval, Kent, Schleicher,
and Terry. The following table correctly identifies the counties eligi-
ble for additional Medicaid beds through the high occupancy waiver
process and the occupancy rates in those counties for the twelve month
period of June 2016 through May 2017.
IN ADDITION July 7, 2017 42 TexReg 3503
42 TexReg 3504 July 7, 2017 Texas Register
TRD-201702451
Lawrence T. Hornsby
General Counsel
Department of Aging and Disability Services
Filed: June 23, 2017
inadequate, or inconsistent with the requirements of the Code.
Ark-Tex Council of Governments
Request for Proposal: Licensed Police Academy - Training
Provider
The Ark-Tex Council of Governments (ATCOG) is soliciting propos-
als for a licensed police academy to provide regional law enforcement
training through a grant provided by the Texas Governor's Office, Crim-
inal Justice Division (if awarded this funding).
Respondent must be able to provide the following training: Basic Peace
Officer Course, Basic County Corrections Course, Basic Telecommu-
nicator Course, and Advanced/Specialized Law Enforcement Train-
ing Courses. The period of performance is October 1, 2017, through
September 30, 2019.
The service delivery area includes the following counties in Texas:
Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and
Titus.
Potential respondents may obtain a copy of the request for proposal,
scoring guidelines, and project scoring criteria by contacting Patricia
Haley by email, phaley@atcog.org, or call (903) 255-3531. Proposals
must be completed and received in the ATCOG office, located at 4808
Elizabeth Street, Texarkana, Texas 75503, by July 24, 2017, at 5:00
p.m.
Request for Proposals will be issued on or after Monday, July 3, 2017.
TRD-201702476
Chris Brown
Executive Director
Ark-Tex Council of Governments
Filed: June 27, 2017
Filed: June 26, 2017
Office of the Attorney General
Texas Water Code and Texas Health and Safety Code
Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas
Water Code. Before the State may settle a judicial enforcement action
under the Texas Water Code, the State shall permit the public to com-
ment in writing on the proposed judgment. The Attorney General will
consider any written comments and may withdraw or withhold con-
sent to the proposed agreed judgment if the comments disclose facts or
considerations that indicate that the consent is inappropriate, improper,
Case Title and Court: Ector County, Texas, and State of Texas, acting
by and through the Texas Commission on Environmental Quality v. 3H
Trucking, LLC, Cause No. D-1-GN-14-003968; in the 53rd Judicial
District Court, Travis County, Texas.
Nature of Defendant's Operations: Defendant 3H Trucking, LLC op-
erates a trucking and hauling business in the Ector County area. On
February 12, 2014, an Ector County Environmental Enforcement offi-
cer observed a truck and trailer owned by the Defendant discharging
liquid waste onto the roadway as it drove. Defendant subsequently
undertook and completed the necessary remediation work for the dis-
charged liquid waste.
Proposed Agreed Final Judgment: The parties propose an Agreed Fi-
nal Judgment, which assesses civil penalties against Defendant in the
amount of $2,500, to be divided equally between Ector County and the
State of Texas. In addition, the Agreed Final Judgment awards attor-
ney's fees to the State of Texas in the amount of $1,250. Defendant
shall pay all costs of court.
For a complete description of the proposed settlement, the complete
proposed Agreed Final Judgment should be reviewed. Requests for
copies of the judgment, and written comments on the proposed settle-
ment, should be directed to Sireesha Chirala, Assistant Attorney Gen-
eral, Office of the Texas Attorney General, P.O. Box 12548, MC 066,
Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.
Written comments must be received within 30 days of publication of
this notice to be considered.
TRD-201702464
Amanda Crawford
General Counsel
Office of the Attorney General
Comptroller of Public Accounts
Local Sales Tax Rate Changes Effective July 1, 2017
IN ADDITION July 7, 2017 42 TexReg 3505
42 TexReg 3506 July 7, 2017 Texas Register
TRD-201702466
Don Neal
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: June 27, 2017
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the fol-
lowing rate ceilings by use of the formulas and methods described in
303.003 and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by 303.003 and 303.009
for the period of 07/03/17 - 07/09/17 is 18% for Con-
sumer1/Agricultural/Commercial2 credit through $250,000.
The weekly ceiling as prescribed by 303.003 and 303.009 for the
period of 07/03/17 - 07/09/17 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-201702475
Leslie Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 27, 2017
Texas Commission on Environmental Quality
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commis-
sion) staff is providing an opportunity for written public comment on
the listed Agreed Orders (AOs) in accordance with Texas Water Code
(TWC), 7.075. TWC, 7.075 requires that before the commission
may approve the AOs, the commission shall allow the public an op-
portunity to submit written comments on the proposed AOs. TWC,
7.075 requires that notice of the proposed orders and the opportunity
to comment must be published in the Texas Register no later than the
30th day before the date on which the public comment period closes,
which in this case is August 7, 2017. TWC, 7.075 also requires that
the commission promptly consider any written comments received and
that the commission may withdraw or withhold approval of an AO if a
IN ADDITION July 7, 2017 42 TexReg 3507
comment discloses facts or considerations that indicate that consent is
inappropriate, improper, inadequate, or inconsistent with the require-
ments of the statutes and rules within the commission's jurisdiction
or the commission's orders and permits issued in accordance with the
commission's regulatory authority. Additional notice of changes to a
proposed AO is not required to be published if those changes are made
in response to written comments.
A copy of each proposed AO is available for public inspection at both
the commission's central office, located at 12100 Park 35 Circle, Build-
ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the appli-
cable regional office listed as follows. Written comments about an AO
should be sent to the enforcement coordinator designated for each AO
at the commission's central office at P.O. Box 13087, Austin, Texas
78711-3087 and must be received by 5:00 p.m. on August 7, 2017.
Written comments may also be sent by facsimile machine to the en-
forcement coordinator at (512) 239-2550. The commission's enforce-
ment coordinators are available to discuss the AOs and/or the comment
procedure at the listed phone numbers; however, TWC, 7.075 pro-
vides that comments on the AOs shall be submitted to the commission
in writing.
(1) COMPANY: AFTON CHEMICAL CORPORATION; DOCKET
NUMBER: 2017-0311-AIR-E; IDENTIFIER: RN101613230; LO-
CATION: Pasadena, Harris County; TYPE OF FACILITY: lube
oil additives manufacturing plant; RULES VIOLATED: 30 TAC
116.115(c) and 122.143(4), New Source Review Permit Number
18161, Special Conditions Number 1, Federal Operating Permit
Number O1460, Special Terms and Conditions Number 13, and Texas
Health and Safety Code, 382.085(b), by failing to comply with the
nitrogen oxides and carbon monoxide permitted annual emissions rates
for the Flare, Emissions Point Number X-D-1; PENALTY: $39,300;
Supplemental Environmental Project offset amount of $15,720; EN-
FORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063;
REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas
77023-1452, (713) 767-3500.
(2) COMPANY: AMIN ENTERPRISES, INCORPORATED dba
Handi Stop 117; DOCKET NUMBER: 2017-0046-PST-E; IDEN-
TIFIER: RN107234346; LOCATION: Pearland, Brazoria County;
TYPE OF FACILITY: convenience store with retail sales of gaso-
line; RULES VIOLATED: 30 TAC 334.50(b)(1)(A) and TWC,
26.3475(c)(1), by failing to monitor the underground storage tanks
for releases at a frequency of at least once every month; PENALTY:
$6,750; ENFORCEMENT COORDINATOR: Stephanie McCurley,
(512) 239-2607; REGIONAL OFFICE: 5425 Polk Street, Suite H,
Houston, Texas 77023-1452, (713) 767-3500.
(3) COMPANY: Aqua Development, Incorporated; DOCKET
NUMBER: 2017-0494-PWS-E; IDENTIFIER: RN101174514; LO-
CATION: Wills Point, Hunt County; TYPE OF FACILITY: public
water supply system; RULES VIOLATED: 30 TAC 290.115(f)(1)
and Texas Health and Safety Code, 341.0315(c), by failing to comply
with the maximum contaminant level of 0.060 milligrams per liter
for haloacetic acids, based on the locational running annual average;
PENALTY: $172; ENFORCEMENT COORDINATOR: Claudia
Corrales, (432) 620-6138; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: CARMAX AUTO SUPERSTORES, INCORPO-
RATED; DOCKET NUMBER: 2017-0588-PST-E; IDENTIFIER:
RN101869782; LOCATION: San Antonio, Bexar County; TYPE OF
FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC
334.50(b)(1)(A) and TWC, 26.3475(c)(1), by failing to monitor
the underground storage tank for releases at a frequency of at least
once every month; PENALTY: $2,438; ENFORCEMENT COORDI-
42 TexReg 3508 July 7, 2017 Texas Register
NATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE:
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(5) COMPANY: City of Crosbyton; DOCKET NUMBER:
2017-0484-PWS-E; IDENTIFIER: RN101383784; LOCATION:
Crosbyton, Crosby County; TYPE OF FACILITY: public water sup-
ply; RULES VIOLATED: 30 TAC 290.117(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
executive director (ED) for the January 1, 2013 - December 31, 2015,
monitoring period; and 30 TAC 290.117(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
ED for the January 1, 2016 - December 31, 2016, monitoring period;
PENALTY: $345; ENFORCEMENT COORDINATOR: Steven Hall,
(512) 239-2569; REGIONAL OFFICE: 5012 50th Street, Suite 100,
Lubbock, Texas 79414-3426, (806) 796-7092.
(6) COMPANY: City of Huntington; DOCKET NUMBER:
2016-0139-PWS-E; IDENTIFIER: RN101184638; LOCATION:
Huntington, Angelina County; TYPE OF FACILITY: public water
supply; RULES VIOLATED: 30 TAC 290.115(f)(1) and Texas
Health and Safety Code (THSC), 341.0315(c), by failing to comply
with the maximum contaminant level (MCL) of 0.060 milligrams
per liter (mg/L) for haloacetic acids, based on the locational running
annual average; and 30 TAC 290.115(f)(1) and THSC, 341.0315(c),
by failing to comply with the MCL of 0.080 mg/L for total tri-
halomethanes, based on the locational running annual average;
PENALTY: $345; ENFORCEMENT COORDINATOR: Abigail Lind-
sey, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: COASTAL TRANSPORT COMPANY, INCORPO-
RATED; DOCKET NUMBER: 2017-0647-PST-E; IDENTIFIER:
RN100712629; LOCATION: San Antonio, Bexar County; TYPE
OF FACILITY: common carrier; RULES VIOLATED: 30 TAC
334.5(b)(1)(A) and TWC, 26.3467(d), by failing to deposit a reg-
ulated substance into a regulated underground storage tank system
that was not covered by a valid, current TCEQ delivery certificate;
PENALTY: $3,105; ENFORCEMENT COORDINATOR: Jonathan
Nguyen, (512) 239-1661; REGIONAL OFFICE: 14250 Judson Road,
San Antonio, Texas 78233-4480, (210) 490-3096.
(8) COMPANY: David J. Johnson dba Pelican Island Gro-
cery; DOCKET NUMBER: 2016-2148-PST-E; IDENTIFIER:
RN105011274; LOCATION: Galveston, Galveston County; TYPE OF
FACILITY: convenience store with retail sales of gasoline.; RULES
VIOLATED: 30 TAC 334.50(b)(1)(A) and TWC, 26.3475(c)(1),
by failing to monitor the underground storage tanks for releases at
a frequency of at least once every month; PENALTY: $4,687; EN-
FORCEMENT COORDINATOR: Benjamin Sakmar, (512) 239-1704;
REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas
77023-1452, (713) 767-3500.
(9) COMPANY: DEANVILLE WATER SUPPLY CORPORA-
TION; DOCKET NUMBER: 2017-0632-PWS-E; IDENTIFIER:
RN101442085; LOCATION: Deanville, Burleson County; TYPE
OF FACILITY: public water supply; RULES VIOLATED: 30 TAC
290.110(e)(4)(A) and (f)(3) and 290.122(c)(2)(A) and (f), by failing
to submit a Disinfectant Level Quarterly Operating Report (DLQOR)
to the executive director (ED) each quarter, and failing to provide
public notification and submit a copy of the public notification to the
ED regarding the failure to submit a DLQOR to the ED each quarter
by the tenth day of the month following the end of the quarter; and
30 TAC 290.117(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, and failing to mail a copy of the consumer
notificaiton of tap results to the ED along with certification that
the consumer notification has been distributed; PENALTY: $427;
ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(10) COMPANY: Del Grande Mobile Home Owners' Association,
Incorporated; DOCKET NUMBER: 2017-0295-MWD-E; IDEN-
TIFIER: RN104449194; LOCATION: Del Rio, Val Verde County;
TYPE OF FACILITY: wastewater treatment facility; RULES VI-
OLATED: TWC, 26.121(a)(1) and 30 TAC 305.42(a), 305.65,
and 305.125(2), by failing to maintain authorization to discharge
wastewater into or adjacent to any water in the state; PENALTY:
$20,250; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512)
239-4935; REGIONAL OFFICE: 707 East Calton Road, Suite 304,
Laredo, Texas 78041-3887, (956) 791-6611.
(11) COMPANY: Diamond Shamrock Refining Company,
L.P.; DOCKET NUMBER: 2017-0419-AIR-E; IDENTIFIER:
RN100210517; LOCATION: Sunray, Moore County; TYPE OF
FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC
116.115(c) and 122.143(4), Federal Operating Permit Number
O3427, Special Terms and Conditions Number 10, New Source
Review Permit Numbers 92928 and HAP63, Special Conditions
Number 4.A, and Texas Health and Safety Code, 382.085(b), by
failing to comply with the permitted emissions limit; PENALTY:
$4,650; ENFORCEMENT COORDINATOR: David Carney, (512)
239-2583; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo,
Texas 79109-4933, (806) 353-9251.
(12) COMPANY: FORTEEN M ENTERPRISES INCORPO-
RATED dba Quick Car Lube and Tune; DOCKET NUMBER:
2017-0516-PST-E; IDENTIFIER: RN100539741; LOCATION: Ar-
lington, Tarrant County; TYPE OF FACILITY: oil change facility;
RULES VIOLATED: 30 TAC 334.50(b)(1)(A) and (2) and TWC,
26.3475(b) and (c)(1), by failing to monitor the underground storage
tank (UST) for releases at a frequency of at least once every month,
and failing to provide release detection for the gravity piping asso-
ciated with the UST system; 30 TAC 334.7(d)(1)(A) and (3), by
failing to provide an amended registration for any change or additional
information regarding the UST within 30 days from the date of the
occurrence of the change or addition; 30 TAC 37.815(a) and (b),
by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury
and property damage caused by accidental releases arising from the
operation of petroleum USTs; and 30 TAC 334.602(a), by failing to
designate, train, and certify at least one individual for each class of
operator - Class A, Class B, and Class C for the facility; PENALTY:
$7,227; ENFORCEMENT COORDINATOR: Holly Kneisley, (817)
588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Freeway Investment, Incorporated dba Daily
Stop; DOCKET NUMBER: 2017-0426-PST-E; IDENTIFIER:
RN101570620; LOCATION: Keller, Tarrant County; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULES
VIOLATED: 30 TAC 334.50(b)(2) and TWC, 26.3475(a), by
failing to provide release detection for the pressurized piping as-
sociated with the underground storage tank system; PENALTY:
$2,566; ENFORCEMENT COORDINATOR: Holly Kneisley, (817)
588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Jameson Place, L.P.; DOCKET NUMBER:
2017-0403-PWS-E; IDENTIFIER: RN107845679; LOCATION:
Weatherford, Parker County; TYPE OF FACILITY: public water
supply; RULES VIOLATED: 30 TAC 290.108(f)(1) and Texas
Health and Safety Code, 341.0315(c), by failing to comply with the
maximum contaminant level (MCL) of 5 picoCuries per liter (pCi/L)
for combined radium-226 and radium-228, and failing to comply with
the MCL of 15 pCi/L for gross alpha particle activity, based on the
running annual average; PENALTY: $405; ENFORCEMENT COOR-
DINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE:
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Juan Sanchez and Maribel Ortiz; DOCKET
NUMBER: 2017-0229-MSW-E; IDENTIFIER: RN103871885; LO-
CATION: Harlingen, Hidalgo County; TYPE OF FACILITY: used
auto parts and vehicle repair facility with an unauthorized disposal
site; RULE VIOLATED: 30 TAC 330.15(a) and (c), by failing to
cause, suffer, allow, or permit the unauthorized disposal of municipal
solid waste; PENALTY: $1,337; ENFORCEMENT COORDINATOR:
Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 1804 West
Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(16) COMPANY: Liberty Utilities (Silverleaf Water) LLC; DOCKET
NUMBER: 2017-0297-MWD-E; IDENTIFIER: RN102078839; LO-
CATION: Hawkins, Wood County; TYPE OF FACILITY: wastewa-
ter treatment facility; RULES VIOLATED: TWC, 26.121(a)(1), 30
TAC 305.125(1), and Texas Pollutant Discharge Elimination System
Permit Number WQ0012482001, Effluent Limitations and Monitoring
Requirements Number 1, by failing to comply with permitted effluent
limitations; PENALTY: $2,875; ENFORCEMENT COORDINATOR:
Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 2916 Teague
Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(17) COMPANY: Midway Range, LLC; DOCKET NUMBER:
2016-1936-PWS-E; IDENTIFIER: RN101247229; LOCATION:
Granbury, Hood County; TYPE OF FACILITY: public water supply;
RULES VIOLATED: 30 TAC 290.42(b)(1) and (e)(2), by failing
to provide disinfection facilities for the groundwater supply for the
purpose of microbiological control and distribution protection; and
30 TAC 290.46(n)(1), by failing to maintain accurate and up-to-date
detailed as-built plans or record drawings and specifications for
each treatment plant, pump station, and storage tank at the pub-
lic water system until the facility is decommissioned; PENALTY:
$500; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210)
403-4077; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(18) COMPANY: NEW PROGRESS WATER SUPPLY CORPO-
RATION; DOCKET NUMBER: 2017-0205-PWS-E; IDENTIFIER:
RN101245413; LOCATION: Cresson, Parker County; TYPE OF
FACILITY: public water supply; RULES VIOLATED: 30 TAC
290.46(q)(1) and (2), by failing to issue a boil water notification
to customers of the facility within 24 hours of a water outage using
the prescribed notification format as specified in 30 TAC 290.47(c);
and 30 TAC 291.76 and TWC, 5.702, by failing to pay regulatory
assessment fees for the TCEQ Public Utility Account regarding Cer-
tificate of Convenience and Necessity Number 11844 for the calendar
years 2013, 2014, 2015, and 2016; PENALTY: $360; ENFORCE-
MENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL
OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
588-5800.
(19) COMPANY: Ridgewood Custom Homes, LLC; DOCKET
NUMBER: 2017-0579-WQ-E; IDENTIFIER: RN109151530; LO-
CATION: Bryan, Brazos County; TYPE OF FACILITY: construction
site; RULES VIOLATED: 30 TAC 281.25(a)(4) and 40 Code of
Federal Regulations 122.26(c), by failing to obtain authorization
to discharge stormwater associated with construction activities un-
der Texas Pollutant Discharge Elimination System General Permit
Number TXR150000; PENALTY: $1,125; ENFORCEMENT COOR-
DINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE:
IN ADDITION July 7, 2017 42 TexReg 3509
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(20) COMPANY: Staff Water Supply Corporation; DOCKET
NUMBER: 2017-0290-PWS-E; IDENTIFIER: RN101193472; LO-
CATION: Ranger, Eastland County; TYPE OF FACILITY: public
water supply; RULES VIOLATED: 30 TAC 290.115(f)(1) and
Texas Health and Safety Code (THSC), 341.0315(c), by failing to
comply with the maximum contaminant level (MCL) of 0.060 mil-
ligrams per liter (mg/L) for haloacetic acids, based on the locational
running annual average; and 30 TAC 290.115(f)(1) and THSC,
341.0315(c), by failing to comply with the MCL of 0.080 mg/L for
total trihalomethanes, based on the locational running annual average;
PENALTY: $690; ENFORCEMENT COORDINATOR: Abigail
Lindsey, (512) 239-2576; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(21) COMPANY: Texas Department of Criminal Justice; DOCKET
NUMBER: 2016-1826-MWD-E; IDENTIFIER: RN102317070; LO-
CATION: Tennessee Colony, Anderson County; TYPE OF FACILITY:
wastewater treatment; RULES VIOLATED: TWC, 26.121(a)(1), 30
TAC 305.125(1), and Texas Pollutant Discharge Elimination System
(TPDES) Permit Number WQ0010823001, Effluent Limitations and
Monitoring Requirements Numbers 1 and 2, by failing to comply
with permitted effluent limitations; and TWC, 26.121(a)(1), 30 TAC
305.125(1), and TPDES Permit Number WQ0010823001, Effluent
Limitations and Monitoring Requirements and Chronic Biomonitoring
Requirements, by failing to comply with other permitted effluent lim-
itations; PENALTY: $91,000; Supplemental Environmental Project
offset amount of $91,000; ENFORCEMENT COORDINATOR:
James Boyle, (512) 239-2527; REGIONAL OFFICE: 2916 Teague
Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(22) COMPANY: The Chemours Company FC, LLC; DOCKET
NUMBER: 2017-0303-AIR-E; IDENTIFIER: RN108202599; LOCA-
TION: La Porte, Harris County; TYPE OF FACILITY: sulfuric acid
manufacturing plant; RULES VIOLATED: 30 TAC 122.143(4) and
122.146(2), Federal Operating Permit Number O1845, General Terms
and Conditions, and Texas Health and Safety Code, 382.085(b),
by failing to submit a Permit Compliance Certification no later than
30 days after the end of the certification period; PENALTY: $2,963;
ENFORCEMENT COORDINATOR: Trina Grieco, (210) 403-4006;
REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas
77023-1452, (713) 767-3500.
(23) COMPANY: Trophy Club Municipal Utility District Num-
ber 1; DOCKET NUMBER: 2016-0717-MWD-E; IDENTIFIER:
RN101520286; LOCATION: Trophy Club, Denton County; TYPE
OF FACILITY: wastewater treatment facility; RULES VIOLATED:
30 TAC 327.5(a) and TWC, 26.121(a)(1), by failing to immediately
contain an unauthorized discharge and take appropriate actions to
minimize impact on the environment; and 30 TAC 305.125(1), TWC,
26.121(a)(1), and Texas Pollutant Discharge Elimination System
Permit Number WQ0011593001, Effluent Limitations and Monitoring
Requirements Number 1, by failing to comply with permitted effluent
limitations; PENALTY: $25,313; Supplemental Environmental Project
offset amount of $20,251; ENFORCEMENT COORDINATOR:
Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(24) COMPANY: TXI Operations, L.P.; DOCKET NUMBER:
2017-0445-WQ-E; IDENTIFIER: RN105513873; LOCATION:
Greenville, Hunt County; TYPE OF FACILITY: ready-mixed concrete
manufacturing facility; RULES VIOLATED: TWC, 26.121(a)(1), 30
TAC 305.125(1), and Texas Pollutant Discharge Elimination System
General Permit Number TXG110696, Part III. Permit Requirements
Number A.1., by failing to comply with permitted effluent limitations;
42 TexReg 3510 July 7, 2017 Texas Register
PENALTY: $2,875; ENFORCEMENT COORDINATOR: James
Boyle, (512) 239-2527; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: Union Carbide Corporation; DOCKET NUMBER:
2017-0314-AIR-E; IDENTIFIER: RN100219351; LOCATION:
Texas City, Galveston County; TYPE OF FACILITY: petrochemical
manufacturing plant; RULES VIOLATED: 30 TAC 122.143(4) and
122.146(2), Texas Health and Safety Code, 382.085(b), and Federal
Operating Permit Number O1917, General Terms and Conditions, by
failing to submit the Permit Compliance Certification no later than
30 days after the end of the certification period; PENALTY: $4,200;
Supplemental Environmental Project offset amount of $1,680; EN-
FORCEMENT COORDINATOR: Robyn Babyak, (512) 239-1853;
REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas
77023-1452, (713) 767-3500.
(26) COMPANY: University of Texas Medical Branch at Galve-
ston; DOCKET NUMBER: 2017-0069-AIR-E; IDENTIFIER:
RN101921138; LOCATION: Galveston, Galveston County; TYPE
OF FACILITY: medical facility; RULES VIOLATED: 30 TAC
116.115(b)(2)(F) and (c) and 122.143(4), Texas Health and Safety
Code, 382.085(b), Federal Operating Permit Number O1531, Special
Terms and Conditions Number 11, and New Source Review Permit
Number 18655, Special Conditions Number 1, by failing to comply
with the maximum allowable emissions rates for the Incinerator, Emis-
sion Point Number INCIN-3; PENALTY: $3,000; ENFORCEMENT
COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL
OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452,
(713) 767-3500.
TRD-201702467
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 27, 2017
Notice of Hearing
Saint-Gobain Ceramics & Plastics, Inc.
SOAH Docket No. 582-17-4595
TCEQ Docket No. 2017-0533-AIR
Permit No. 20006
APPLICATION.
Saint-Gobain Ceramics & Plastics, Inc., 1500 Independence Avenue,
Bryan, Texas 77803-2001, has applied to the Texas Commission on En-
vironmental Quality (TCEQ) for an amendment to Air Quality Permit
Number 20006, which would authorize modification to the Ceramic
Catalyst Manufacturing Plant located at 1500 Independence Avenue,
Bryan, Brazos County, Texas 77803. This application was processed in
an expedited manner, as allowed by the commission's rules in 30 Texas
Administrative Code, Chapter 101, Subchapter J. This application was
submitted to the TCEQ on February 17, 2016. The proposed facility
will emit the following contaminants: organic compounds, nitrogen
oxides, carbon monoxide, sulfur dioxide, hazardous air pollutants, and
particulate matter including particulate matter with diameters of 10 mi-
crons or less and 2.5 microns or less.
The TCEQ Executive Director has 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 are available for viewing and copying at the TCEQ central
office, the TCEQ Waco regional office, and at the Clara B. Mounce
Public Library, 201 East 26th Street, Bryan, Brazos County, Texas.
The facility's compliance file, if any exists, is available for public
review at the TCEQ Waco Regional Office, 6801 Sanger Avenue,
Suite 2500, Waco, Texas. As a public courtesy, we have provided
the following Web page to an online map of the site or the facil-
ity's general location. The online map is not part of the application
or the notice: http://www.tceq.texas.gov/assets/public/hb610/in-
dex.html?lat=30.66083&lng=-96.40611&zoom=13&type=r. For the
exact location, refer to the application.
CONTESTED CASE HEARING.
The State Office of Administrative Hearings (SOAH) will conduct a
preliminary hearing at:
10:00 a.m. - August 16, 2017
County Administration Building
Commissioners' Courtroom, Suite 106
200 South Texas Avenue
Bryan, Texas 77803
The purpose of a preliminary hearing is to establish jurisdiction, name
the parties, establish a procedural schedule for the remainder of the
proceeding, allow an opportunity for settlement discussions, and to ad-
dress other matters as determined by the judge. The evidentiary hearing
phase of the proceeding will be similar to a civil trial in state district
court. The hearing will address the disputed issues of fact identified in
the TCEQ order concerning this application issued on May 30, 2017.
The hearing will be conducted in accordance with the Chapter 2001,
Texas Government Code; Chapter 382, Texas Health and Safety Code;
TCEQ rules including 30 Texas Administrative Code (TAC) Chapter
116, Subchapters A and B; and the procedural rules of the TCEQ and
SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The
hearing will be held unless all timely hearing requests have been with-
drawn or denied.
To request to be a party, you must attend the hearing and show you
would be affected by the application in a way not common to the gen-
eral public. Any person may attend the hearing and request to be a
party. Only persons named as parties may participate at the hearing.
MAILING LIST.
You may ask to be placed on a mailing list to obtain additional informa-
tion 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 www.tceq.texas.gov/goto/comments, or in writing to the Texas Com-
mission on Environmental Quality, Office of the Chief Clerk, MC-105,
P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with
the TCEQ electronically, please be aware that your email address,
like your physical mailing address, will become part of the agency's
public record. For more information about this permit application, the
permitting process, or the contested case hearing process, please call
the Public Education Program toll free at (800) 687-4040. Si desea
informacin en espaol, puede llamar al (800) 687-4040. General
information regarding the TCEQ may be obtained electronically at
http://www.tceq.texas.gov.
In accordance with 1 Texas Administrative Code 155.401(a), No-
tice of Hearing, "Parties that are not represented by an attorney
may obtain information regarding contested case hearings on the
public website of the State Office of Administrative Hearings at
www.soah.texas.gov, or in printed format upon request to SOAH."
INFORMATION.
If you need more information about the hearing process for this ap-
plication, please call the Public Education Program, toll free, at (800)
687-4040. General information regarding the TCEQ can be found at
http://www.tceq.texas.gov/.
Persons with disabilities who need special accommodations at the hear-
ing should call the SOAH Docketing Department at (512) 475-3445, at
least one week prior to the hearing.
Further information may also be obtained from Saint-Gobain Ceram-
ics & Plastics Inc. at the address stated above or by calling Mr. Phil
Goodwin, EHS Manager at (979) 779-1500.
TRD-201702488
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 28, 2017
Notice of Public Hearing
on Assessment of Administrative Penalties and Requiring Certain Ac-
tions of MLC Argyle LLC
SOAH Docket No. 582-17-4768
TCEQ Docket No. 2016-0142-MLM-E
The Texas Commission on Environmental Quality (TCEQ or the Com-
mission) has referred this matter to the State Office of Administrative
Hearings (SOAH). An Administrative Law Judge with the State Office
of Administrative Hearings will conduct a public hearing at:
10:00 a.m. - July 20, 2017
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701
The purpose of the hearing will be to consider the Executive Director's
Preliminary Report and Petition mailed November 18, 2016, concern-
ing assessing administrative penalties against and requiring certain ac-
tions of MLC Argyle LLC, for violations in Denton County, Texas, of:
Texas Water Code 26.121(a) and 30 Texas Admin. Code 330.15(a)
and (c) and 335.4.
The hearing will allow MLC Argyle LLC, the Executive Director,
and the Commission's Public Interest Counsel to present evidence on
whether a violation has occurred, whether an administrative penalty
should be assessed, and the amount of such penalty, if any. The
first convened session of the hearing will be to establish jurisdiction,
afford MLC Argyle LLC, the Executive Director of the Commission,
and the Commission's Public Interest Counsel an opportunity to
negotiate and to establish a discovery and procedural schedule for an
evidentiary hearing. Unless agreed to by all parties in attendance at
the preliminary hearing, an evidentiary hearing will not be held on
the date of this preliminary hearing. Upon failure of MLC Argyle
LLC to appear at the preliminary hearing or evidentiary hearing, the
factual allegations in the notice will be deemed admitted as true, and
the relief sought in the notice of hearing may be granted by default.
The specific allegations included in the notice are those set forth in
the Executive Director's Preliminary Report and Petition, attached
hereto and incorporated herein for all purposes. MLC Argyle LLC, the
IN ADDITION July 7, 2017 42 TexReg 3511
Executive Director of the Commission, and the Commission's Public
Interest Counsel are the only designated parties to this proceeding.
Legal Authority: Texas Water Code 7.054 and chs. 7 and 26, Texas
Health & Safety Code ch. 361, and 30 Texas Admin. Code chs. 70,
330, and 335; Texas Water Code 7.058, and the Rules of Procedure of
the Texas Commission on Environmental Quality and the State Office
of Administrative Hearings, including 30 Texas Admin. Code 70.108
and 70.109 and ch. 80, and 1 Texas Admin. Code ch. 155.
Further information regarding this hearing may be obtained by con-
tacting Elizabeth Harkrider, Staff Attorney, Texas Commission on En-
vironmental Quality, Litigation Division, Mail Code 175, P.O. Box
13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Infor-
mation concerning your participation in this hearing may be obtained
by contacting Vic McWherter, Public Interest Counsel, Mail Code 103,
at the same P. O. Box address given above, or by telephone at (512)
239-6363.
Any document filed prior to the hearing must be filed with
TCEQ's Office of the Chief Clerk and SOAH. Documents filed
with the Office of the Chief Clerk may be filed electronically at
http://www.tceq.texas.gov/goto/eFilings or sent to the following
address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box
13087, Austin, Texas 78711-3087. Documents filed with SOAH may
be filed via fax at (512) 322-2061 or sent to the following address:
SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When
contacting the Commission or SOAH regarding this matter, reference
the SOAH docket number given at the top of this notice.
In accordance with 1 Texas Admin. Code 155.401(a), Notice of Hear-
ing, "Parties that are not represented by an attorney may obtain infor-
mation regarding contested case hearings on the public website of the
State Office of Administrative Hearings at www.soah.texas.gov, or in
printed format upon request to SOAH."
Persons who need special accommodations at the hearing should call
the SOAH Docketing Department at (512) 475-3445, at least one week
before the hearing.
Issued: June 21, 2017
TRD-201702486
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 28, 2017
SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When
Notice of Public Hearing
on Revocation of the Occupational License of RAMON VILLA
SOAH Docket No. 582-17-4763
TCEQ Docket No. 2016-0345-LIC
The Texas Commission on Environmental Quality (TCEQ or the Com-
mission) has referred this matter to the State Office of Administrative
Hearings (SOAH). An Administrative Law Judge with the State Office
of Administrative Hearings will conduct a public hearing at:
10:00 a.m. - July 27, 2017
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701
The purpose of the hearing will be to consider the Executive Director's
Preliminary Report and Petition mailed January 3, 2017, concerning
42 TexReg 3512 July 7, 2017 Texas Register
revocation of the occupational license of Ramon Villa, for conviction
of an offense warranting license revocation in El Paso County, Texas,
pursuant to Tex. Occ. Code 53.021(a) and 30 Tex. Admin. Code
30.33(h)(1).
The hearing will allow Ramon Villa, the Executive Director, and the
Commission's Public Interest Counsel to present evidence on whether
grounds exist warranting revocation of Ramon Villa's occupational li-
cense. The first convened session of the hearing will be to establish
jurisdiction, afford Ramon Villa, the Executive Director of the Com-
mission, and the Commission's Public Interest Counsel an opportunity
to negotiate and to establish a discovery and procedural schedule for
an evidentiary hearing. Unless agreed to by all parties in attendance
at the preliminary hearing, an evidentiary hearing will not be held on
the date of this preliminary hearing. Upon failure of Ramon Villa to
appear at the preliminary hearing or evidentiary hearing, the factual al-
legations in the notice will be deemed admitted as true, and the relief
sought in the notice of hearing may be granted by default. The specific
allegations included in the notice are those set forth in the Executive
Director's Preliminary Report and Petition, attached hereto and incor-
porated herein for all purposes. Ramon Villa, the Executive Director
of the Commission, and the Commission's Public Interest Counsel are
the only designated parties to this proceeding.
Legal Authority: Tex. Water Code chs. 7 and 37, Tex. Occ. Code
chs. 53 and 1903, and 30 Tex. Admin. Code chs. 30 and 344; Tex.
Water Code 7.058, and the Rules of Procedure of the Texas Commis-
sion on Environmental Quality and the State Office of Administrative
Hearings, including 30 Tex. Admin. Code 30.38 and 80.6 and chs.
70 and 80, and 1 Tex. Admin. Code ch. 155.
Further information regarding this hearing may be obtained by con-
tacting Jess Robinson, Staff Attorney, Texas Commission on Environ-
mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087,
Austin, Texas 78711-3087, telephone (512) 239-3400. Information
concerning your participation in this hearing may be obtained by con-
tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the
same P.O. Box address given above, or by telephone at (512) 239-6363.
Any document filed prior to the hearing must be filed with
TCEQ's Office of the Chief Clerk and SOAH. Documents filed
with the Office of the Chief Clerk may be filed electronically at
http://www.tceq.texas.gov/goto/eFilings or sent to the following ad-
dress: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box
13087, Austin, Texas 78711-3087. Documents filed with SOAH may
be filed via fax at (512) 322-2061 or sent to the following address:
contacting the Commission or SOAH regarding this matter, reference
the SOAH docket number given at the top of this notice.
In accordance with 1 Tex. Admin. Code 155.401(a), Notice of Hear-
ing, "Parties that are not represented by an attorney may obtain infor-
mation regarding contested case hearings on the public website of the
State Office of Administrative Hearings at www.soah.texas.gov, or in
printed format upon request to SOAH."
Persons who need special accommodations at the hearing should call
the SOAH Docketing Department at (512) 475-3445, at least one week
before the hearing.
Issued: June 22, 2017
TRD-201702487
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 28, 2017
 affected by the facility or activity; provide the information discussed
Notice of Receipt of Application and Intent to Obtain
Municipal Solid Waste Permit
Proposed Permit No. 2397
APPLICATION. City of Post, 105 E. Main Street, Post, Garza County,
Texas 79356, a municipal solid waste landfill, has applied to the
Texas Commission on Environmental Quality (TCEQ) for a permit
to authorize the storage and disposal of residential and commercial
municipal solid waste. The facility is proposed to be located at
1637 County Road 225, Post, in Garza County, Texas 79356. The
TCEQ received this application on May 1, 2017. The permit ap-
plication is available for viewing and copying at City of Post, City
Hall, 105 E. Main Street, Post, Garza County, Texas 79356. The
following link to an electronic map of the site or facility's general
location is provided as a public courtesy and is not part of the appli-
cation or notice: http://www.tceq.texas.gov/assets/public/hb610/in-
dex.html?lat=33.1688&lng=-101.3817&zoom=13&type=r. For exact
location, refer to application.
ADDITIONAL NOTICE. TCEQs Executive Director has determined
the application is administratively complete and will conduct a techni-
cal review of the application. After technical review of the application
is complete, the Executive Director may prepare a draft permit and will
issue a preliminary decision on the application. Notice of the Appli-
cation and Preliminary Decision will be published and mailed to those
who are on the county-wide mailing list and to those who are on the
mailing list for this application. That notice will contain the deadline
for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public
comments or request a public meeting on this application. The purpose
of a public meeting is to provide the opportunity to submit comments
or to ask questions about the application. TCEQ will hold a public
meeting if the Executive Director determines that there is a significant
degree of public interest in the application or if requested by a local
legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the
deadline for submitting public comments, the Executive Director will
consider all timely comments and prepare a response to all relevant
and material, or significant public comments. Unless the application
is directly referred for a contested case hearing, the response to com-
ments, and the Executive Directors decision on the application, will
be mailed to everyone who submitted public comments and to those
persons who are on the mailing list for this application. If comments
are received, the mailing will also provide instructions for requesting
reconsideration of the Executive Directors decision and for requesting
a contested case hearing. A person who may be affected by the facility
is entitled to request a contested case hearing from the commission. A
contested case hearing is a legal proceeding similar to a civil trial in
state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST
INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your
name, address, phone number; applicant's name and permit number;
the location and distance of your property/activities relative to the
facility; a specific description of how you would be adversely affected
by the facility in a way not common to the general public; a list of all
disputed issues of fact that you submit during the comment period,
and the statement "(I/we) request a contested case hearing." If the
request for contested case hearing is filed on behalf of a group or
association, the request must designate the groups representative
for receiving future correspondence; identify by name and physical
address an individual member of the group who would be adversely
above regarding the affected members location and distance from
the facility or activity; explain how and why the member would be
affected; and explain how the interests the group seeks to protect are
relevant to the groups purpose.
Following the close of all applicable comment and request periods,
the Executive Director will forward the application and any requests
for reconsideration or for a contested case hearing to the TCEQ Com-
missioners for their consideration at a scheduled Commission meeting.
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.
If a hearing is granted, the subject of a hearing will be limited to dis-
puted issues of fact or mixed questions of fact and law that are relevant
and material to the Commissions decision on the application submit-
ted during the comment period.
MAILING LIST. If you submit public comments, a request for a con-
tested case hearing or a reconsideration of the Executive Directors
decision, you will be added to the mailing list for this application to
receive future public notices mailed by the Office of the Chief Clerk.
In addition, you may request to be placed on: (1) the permanent mail-
ing list for a specific applicant name and permit number; and/or (2) the
mailing list for a specific county. To be placed on the permanent and/or
the county mailing list, clearly specify which list(s) and send your re-
quest to TCEQ Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. All public com-
ments and requests must be submitted either electronically at
www.tceq.texas.gov/about/comments.html or in writing to the Texas
Commission on Environmental Quality, Office of the Chief Clerk,
MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you choose
to communicate with the TCEQ electronically, please be aware that
your email address, like your physical mailing address, will become
part of the agencys public record. For more information about this
permit application or the permitting process, please call the TCEQs
Public Education Program, Toll Free, at (800) 687-4040. Si desea
informacin en espaol, puede llamar al (800) 687-4040.
Further information may also be obtained from City of Post at the ad-
dress stated above or by calling Mr. Todd E. Stiggins, P.E., Project
Manager, at (806) 473-2200.
TRD-201702484
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 28, 2017
Texas Facilities Commission
Request for Proposals #303-8-20604
The Texas Facilities Commission (TFC), on behalf of the Department
of Public Safety - Highway Patrol (DPS), announces the issuance of
Request for Proposals (RFP) #303-8-20604. TFC seeks a five (5) or
ten (10) year lease of approximately 2,904 square feet of office space
in Marfa, Texas.
The deadline for questions is July 26, 2017, and the deadline for pro-
posals is August 2, 2017, at 3:00 p.m. The award date is September
20, 2017. TFC reserves the right to accept or reject any or all propos-
als submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of an RFP. Neither
IN ADDITION July 7, 2017 42 TexReg 3513
this notice nor the RFP commits TFC to pay for any costs incurred prior
to the award of a grant.
Parties interested in submitting a proposal may obtain information by
contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494.
A copy of the RFP may be downloaded from the Electronic State Busi-
ness Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=141707.
TRD-201702426
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 21, 2017
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Medicaid Payment
Rates for Anesthesia Services
Hearing. The Texas Health and Human Services Commission (HHSC)
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 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
http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. The broad-
cast 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 32.0282, which requires public notice of and hear-
ings on proposed Medicaid reimbursements.
Proposal. The payment rates for Anesthesia Services are proposed to
be effective October 1, 2017.
Methodology and Justification. The proposed payment rates were
calculated in accordance with Title 1 of the Texas Administrative Code:
355.8085, which addresses the reimbursement methodology for
physicians and other practitioners;
355.8221, which addresses the reimbursement methodology for cer-
tified registered nurse anesthetists; and
355.8441, 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 pro-
posed payments rates will be available at http://legacy-
hhsc.hhsc.state.tx.us/rad/rate-packets.shtml on or after July 19, 2017.
Interested parties may obtain a copy of the briefing package prior to
the hearing on or after July 19, 2017, by contacting Rate Analysis by
telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail
at RADAcuteCare@hhsc.state.tx.us. The briefing package will also
be available at the public hearing.
Written Comments. Written comments regarding the proposed pay-
ment rates may be submitted in lieu of, or in addition to, oral testi-
mony 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 Commis-
sion, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030,
Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475;
or by e-mail 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,
42 TexReg 3514 July 7, 2017 Texas Register
Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd,
Austin, Texas 78751.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 730-
7401 at least 72 hours in advance, so appropriate arrangements can be
made.
TRD-201702489
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: June 28, 2017
Public Notice: Pre-admission Screening and Resident Review
Habilitative Specialized Services
The Texas Health and Human Services Commission announces its in-
tent to submit transmittal number 17-0020 to the Texas State Plan for
Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to expand the list of habilitative spe-
cialized services available to Medicaid recipients residing in a Medic-
aid-certified nursing facility who are 21 years of age or older and who
have been found through the Pre-admission Screening and Resident
Review (PASRR) process to need such services. The requested effec-
tive date for the proposed amendment is December 1, 2017.
The proposed amendment is estimated to result in an additional annual
aggregate expenditure of $21,311,782 for federal fiscal year 2018, con-
sisting of $12,122,142 in federal funds and $9,189,640 in state general
revenue. For federal fiscal year 2019, the estimated additional annual
expenditure is $25,574,139, consisting of $14,674,576 in federal funds
and $10,899,563 in state general revenue. For federal fiscal year 2020,
the estimated additional annual expenditure is $25,574,139, consisting
of $14,664,336 in federal funds and $10,909,803 in state general rev-
enue.
To obtain copies of the proposed amendment, interested parties may
contact Doneshia Ates, State Plan Policy Advisor, by mail at the
Health and Human Services Commission, P.O. Box 13247, Mail Code
H-600, Austin, Texas 78711; by telephone at (512) 428-1963; by
facsimile at (512) 487-3403; or by email at Medicaid_Chip_SPA_In-
quiries@hhsc.state.tx.us. Copies of the proposal will also be made
available for public review at the local offices of the Texas Department
of Aging and Disability Services.
TRD-201702494
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: June 28, 2017
Texas Department of Housing and Community
Affairs
Request for Proposals for Uniform Physical Conditions
Standards Inspections
SUMMARY. The Texas Department of Housing and Community Af-
fairs (the "Department") announces a Request for Proposal (RFP) for
Uniform Physical Conditions Standards Inspections
POSTING DATE AND DEADLINE FOR SUBMISSION. The RFP
was posted on MONDAY, JUNE 19, 2017. The deadline for submis-
sion in response to the RFP is 2:00 p.m., Central Daylight Saving Time,
WEDNESDAY, JULY 19, 2017. Late and/or unsigned proposals will
not be considered.
Individuals or firms interested in submitting a proposal should visit
our website at: http://www.tdhca.state.tx.us/ under the "What's New"
section or visit http://esbd.cpa.state.tx.us/, for a complete copy of the
RFP. Throughout the procurement process, all questions relating to this
RFP must be submitted to the Department in writing to Julie Dumbeck
(julie.dumbeck@tdhca.state.tx.us).
PLACE AND METHOD OF QUALIFICATION DELIVERY. Propos-
als shall be delivered to:
Texas Department of Housing and Community Affairs
Attention: Julie Dumbeck
Mailing Address:
P.O. Box 13941
Austin, TX 78711-3941
Physical Address for Overnight Carriers:
221 East 11th Street
Austin, Texas 78701-2410
(512) 475-3991
TRD-201702465
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Filed: June 26, 2017
surers $6 million to pay for the assumption.
Texas Department of Insurance
Company Licensing
Application for incorporation in the state of Texas by CLEAR SPRING
PROPERTY AND CASUALTY COMPANY, a domestic fire and/or
casualty company. The home office is in Austin, Texas.
Application to do business in the state of Texas by SOUTHERN
GUARANTY INSURANCE COMPANY, a foreign fire and/or casu-
alty company. The home office is in Madison, Wisconsin.
Application for FEDERAL LIFE INSURANCE COMPANY (MU-
TUAL), a foreign life, accident and/or health company, to change
its name to FEDERAL LIFE INSURANCE COMPANY. The home
office is in Riverwoods, Illinois.
Application for ALFA VISION INSURANCE CORPORATION, a for-
eign fire and/or casualty company, to change its name to TREXIS IN-
SURANCE CORPORATION. The home office is in Virginia.
Application for ALFA SPECIALTY INSURANCE CORPORATION,
a foreign fire and/or casualty company, to change its name to TREXIS
ONE INSURANCE CORPORATION. The home office is in Virginia.
Any objections must be filed with the Texas Department of Insurance,
within twenty (20) calendar days from the date of the Texas Register
publication, addressed to the attention of Jeff Hunt, 333 Guadalupe
Street, MC 305-2C, Austin, Texas 78701.
TRD-201702491
Norma Garcia
General Counsel
Texas Department of Insurance
Filed: June 28, 2017
Notice of Hearing
The department of insurance will hold a public hearing under Insurance
Code 2703.206 to adjust title insurance rates for the 2018 calendar
year to reimburse Texas title insurers for amounts paid in assessments
to the Texas Title Insurance Guaranty Association (TTIGA) in 2017.
Docket No. 2800
10:30 a.m., Central time
September 7, 2017
Room 100, William P. Hobby Jr. State Office Building
333 Guadalupe St., Austin, Texas
Previous Assessment and Recoupment - In August 2012, the commis-
sioner of insurance designated Southern Title Insurance Company as
impaired. In 2013, to ensure that TTIGA had sufficient funds to pay
Southern Title claims, TTIGA assessed title insurers for $2.5 million.
The commissioner adjusted title insurance rates for 2014 to allow in-
surers to recoup the $2.5 million.
2012 Southern Title Impairment Order @ http://www.tdi.texas.gov/ti-
tle/documents/order120721.pdf
2014 Recoupment Rate Order @ http://www.tdi.texas.gov/orders/doc-
uments/2885_Texas_Title_Rat.pdf
2017 Assessment - On February 7, 2017, TTIGA executed an assump-
tion agreement with First National Title Insurance Company. Under the
agreement, First National Title assumes TTIGA's liabilities for South-
ern Title Insurance policies. In March 2017, TTIGA assessed title in-
Recoupment Rate Hearing - Insurance Code 2602.210 allows title in-
surers to recoup amounts paid in assessment in their rates in the suc-
ceeding calendar year. TDI must hold a hearing to adjust the 2018 title
insurance rates to allow for recoupment of the 2017 assessment.
This hearing will address only the recoupment rate. Comments must be
directly related to that issue. If you wish to submit written comments,
analyses, or other information, please do so by 5 p.m. on September 7,
2017. You must provide two copies of your submission. Send one copy
to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department
of Insurance, PO Box 149104, Austin, Texas 78714-9104, or email it to
ChiefClerk@tdi.texas.gov. Send the other copy to J'ne Byckovski, Di-
rector and Chief Actuary, PO Box 149104, Mail Code 105-5F, Austin,
Texas 78714-9104, or email it to PCActuarial@tdi.texas.gov.
You may also present relevant written or oral comments at the hearing.
TRD-201702485
Norma Garcia
General Counsel
Texas Department of Insurance
Filed: June 28, 2017
Texas Lottery Commission
Scratch Ticket Game Number 1622 "Pick 3"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 1622 is "PICK 3". The
play style is "other".
1.1 Price of Scratch Ticket Game.
IN ADDITION July 7, 2017 42 TexReg 3515
A. The price for Scratch Ticket Game No. 1622 shall be $1.00 per
Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 1622.
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
E. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the Scratch Ticket. The
Serial Number is for validation purposes and cannot be used to play the
game. The format will be: 0000000000000.
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 con-
sisting of the four (4) digit game number (1622), a seven (7) digit Pack
number, and a three (3) digit Scratch Ticket number. Scratch Ticket
numbers start with 001 and end with 150 within each Pack. The format
will be: 1622-0000001-001.
42 TexReg 3516 July 7, 2017 Texas Register
Play Symbol is printed in Symbol font in black ink in positive except
for dual-image games. The possible black Play Symbols are: 1, 2, 5,
6, 7, 8, 9, $1.00, $2.00, $5.00, $10.00, $20.00, $40.00, $100, $3,000,
PICK 3 SYMBOL, 3 SYMBOL and STAR 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:
H. Pack - A Pack of the "PICK 3" Scratch Ticket Game contains 150
Tickets, packed in plastic shrink-wrapping and fanfolded in pages of
five (5). Ticket 001 will be shown on the front of the Pack; the back of
Ticket 150 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 150 will be shown on the back of the Pack.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-
grammed 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 "PICK
3" Scratch Ticket Game No. 1622.
2.0 Determination of Prize Winners. The determination of prize win-
ners is subject to the general Scratch Ticket validation requirements set
forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game
Procedures, and the requirements set out on the back of each Scratch
Ticket. A prize winner in the "PICK 3" Scratch Ticket Game is de-
termined once the latex on the Scratch Ticket is scratched off to expose
10 (ten) Play Symbols. If a player reveals a "3" Play Symbol, the player
wins the prize for that symbol. If a player reveals a "STAR" Play Sym-
bol, the player wins a Pick 3 Quick Pick ticket 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 10 (ten) Play Symbols must appear under the Latex Over-
print on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption under-
neath, 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 10 (ten) 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 cor-
respond 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, misregis-
tered, defective or printed or produced in error;
16. Each of the 10 (ten) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 10 (ten) 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 de-
fective 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. A Ticket can win up to five (5) times in accordance with the ap-
proved prize structure.
B. Adjacent Non-Winning Tickets within a Pack will not have matching
Play Symbol and Prize Symbol patterns. Two (2) Tickets have match-
ing Play Symbol and Prize Symbol patterns if they have the same Play
Symbols and Prize Symbols in the same spots.
C. The top Prize Symbol will appear on every Ticket unless otherwise
restricted by other parameters, play action or prize structure.
D. The "STAR" (FREE) Play Symbol will only appear as dictated by
the prize structure and will always have the PICK 3" (QPTICKET)
Prize Symbol associated with it.
E. Non-winning Play Symbols will all be different.
F. Non-winning Prize Symbols will never appear more than one (1)
time.
G. No prize amount in a non-winning spot will correspond with the
"YOUR NUMBERS" Play Symbol (i.e., 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "PICK 3" Scratch Ticket Game prize of $1.00, Pick
3 Ticket, $2.00, $5.00, $10.00, $20.00, $40.00 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 $40.00 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
IN ADDITION July 7, 2017 42 TexReg 3517
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 "PICK 3" Scratch Ticket Game prize of $3,000, 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 "PICK 3" Scratch Ticket
Game prize, the claimant must sign the winning Scratch Ticket, thor-
oughly complete a claim form, and mail both to: Texas Lottery Com-
mission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lot-
tery is not responsible for Scratch Tickets lost in the mail. In the event
that the claim is not validated by the Texas Lottery, the claim shall be
denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct:
1. A sufficient amount from the winnings of a prize winner who has
been finally determined to be:
a. delinquent in the payment of a tax or other money to a state agency
and that delinquency is reported to the Comptroller under Government
Code 403.055;
b. in default on a loan made under Chapter 52, Education Code; or
c. in default on a loan guaranteed under Chapter 57, Education Code;
and
2. delinquent child support payments from the winnings of a prize
winner in the amount of the delinquency as determined by a court or a
Title IV-D agency under Chapter 231, Family Code.
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 per-
son shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket
presented for payment; or
42 TexReg 3518 July 7, 2017 Texas Register
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 lia-
bility 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 "PICK 3"
Scratch Ticket Game, the Texas Lottery shall deliver to an adult mem-
ber 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 "PICK 3" 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 person-
nel as set forth in Texas Government Code 466.408. Any rights to a
prize that is not claimed within that period, and in the manner specified
in these Game Procedures and on the back of each Scratch Ticket, shall
be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of Scratch Tickets ordered. The number of actual prizes
available in a game may vary based on number of Scratch Tickets man-
ufactured, testing, distribution, sales and number of prizes claimed. A
Scratch Ticket Game may continue to be sold even when all the top
prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a
Scratch Ticket in the space designated, a Scratch Ticket shall be owned
by the physical possessor of said Scratch Ticket. When a signature is
placed on the back of the Scratch Ticket in the space designated, the
player whose signature appears in that area shall be the owner of the
Scratch Ticket and shall be entitled to any prize attributable thereto.
Notwithstanding any name or names submitted on a claim form, the
Executive Director shall make payment to the player whose signature
appears on the back of the Scratch Ticket in the space designated. If
more than one name appears on the back of the Scratch Ticket, the
Executive Director will require that one of those players whose name
appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch
Tickets and shall not be required to pay on a lost or stolen Scratch
Ticket.
4.0 Number and Value of Scratch Ticket Prizes. There will be approx-
imately 11,040,000 Scratch Tickets in Scratch Ticket Game No. 1622.
The approximate number and value of prizes in the game are as fol-
lows:
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. 1622 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 401.302(j).
6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to
comply with, and abide by, these Game Procedures for Scratch Ticket
Game No. 1622, the State Lottery Act (Texas Government Code, Chap-
ter 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-201702471
Bob Biard
General Counsel
Texas Lottery Commission
Filed: June 27, 2017
$20.00, $50.00, $100, $250, $500, $1,000 and $100,000.
Scratch Ticket Game Number 1891 "Strike It Rich"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 1891 is "STRIKE IT RICH".
The play style is "slots - straight line".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 1891 shall be $5.00 per
Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 1891.
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:
SINGLE CHERRY SYMBOL, GOLD BAR SYMBOL, BANANA
SYMBOL, DICE SYMBOL, CROWN SYMBOL, DIAMOND SYM-
BOL, SPADE SYMBOL, PINEAPPLE SYMBOL, BELL SYMBOL,
SUN SYMBOL, ANCHOR SYMBOL, APPLE SYMBOL, STACK
OF BILLS SYMBOL, HORSESHOE SYMBOL, PEAR SYMBOL,
LEMON SYMBOL, HEART SYMBOL, STRAWBERRY SYM-
BOL, SAFE SYMBOL, STAR SYMBOL, KEY SYMBOL, CLUB
SYMBOL, POT OF GOLD SYMBOL, WISHBONE SYMBOL,
LIGHTNING BOLT SYMBOL, 7 SYMBOL, $5.00, $10.00, $15.00,
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 7, 2017 42 TexReg 3519
42 TexReg 3520 July 7, 2017 Texas Register
E. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the Scratch Ticket. The
Serial Number is for validation purposes and cannot be used to play the
game. The format will be: 0000000000000.
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 con-
sisting of the four (4) digit game number (1891), 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: 1891-0000001-001.
H. Pack - A Pack of the "STRIKE IT RICH" 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 pro-
grammed 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
"STRIKE IT RICH" Scratch Ticket Game No. 1891.
2.0 Determination of Prize Winners. The determination of prize win-
ners is subject to the general Scratch Ticket validation requirements set
forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game
Procedures, and the requirements set out on the back of each Scratch
Ticket. A prize winner in the "STRIKE IT RICH" Scratch Ticket Game
is determined once the latex on the Scratch Ticket is scratched off to
expose 28 (twenty-eight) Play Symbols. A player pulls open each tab
in GAMES 1-7. If a player reveals 3 (three) matching symbols in the
same GAME, the player wins the prize for that GAME. If a player re-
veals a "7" Play Symbol in any GAME, the player wins DOUBLE the
prize for that GAME. If a player reveals 2 (two) "7" Play Symbols in the
same GAME, the player wins 5X the prize for that GAME. If a player
reveals 3 (three) "7" Play Symbols in the same GAME, the player wins
10X the prize for that GAME. Each GAME plays separately. The prize
for each GAME is located on the back of each tab. Only the highest in-
dividual or multiplied prize per GAME will be paid. 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 28 (twenty-eight) 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 under-
neath, 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 28 (twenty-eight) 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 cor-
respond 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, misregis-
tered, defective or printed or produced in error;
16. Each of the 28 (twenty-eight) Play Symbols must be exactly one
of those described in Section 1.2.C of these Game Procedures;
17. Each of the 28 (twenty-eight) 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 de-
fective 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
IN ADDITION July 7, 2017 42 TexReg 3521
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 Prize Symbols.
B. A Ticket will win as indicated by the prize structure.
C. A Ticket can win up to seven (7) times, one (1) time in each GAME.
D. On winning and Non-Winning Tickets, the top cash prizes of $1,000
and $100,000 will each appear at least once, except on Tickets winning
more than five (5) times.
E. On all Tickets within each GAME, there will be three (3) Play Sym-
bols under the scratch off and one (1) Prize Symbol on the underside
of the corresponding tab.
F. Non-winning Prize Symbols will not match a winning Prize Symbol
on a Ticket.
G. On all Tickets, non-winning Prize Symbols will all be different.
H. Consecutive Non-Winning Tickets within a Pack will not have
matching GAMES. For instance if the first Ticket contains a Lemon
Play Symbol, Banana Play Symbol, Bell Play Symbol in any GAME,
then the next Ticket may not contain a Lemon Play Symbol, Banana
Play Symbol, Bell Play Symbol in any GAME in any order.
I. Non-Winning Tickets will not have matching GAMES. For example,
if GAME 1 is Lemon Play Symbol, Banana Play Symbol, Bell Play
Symbol, then GAME 2 through GAME 7 will not contain Lemon Play
Symbol, Banana Play Symbol, Bell Play Symbol in any order.
J. Winning Tickets will contain three (3) matching Play Symbols in a
horizontal GAME or one (1) "7" (SEVEN) Play Symbol in a horizontal
GAME or two (2) "7" (SEVEN) Play Symbols in a horizontal GAME
or three (3) "7" (SEVEN) Play Symbols in a horizontal GAME.
K. On Tickets that win with one (1) "7" (SEVEN) Play Symbol, the re-
maining Play Symbols in that GAME will be different, unless restricted
by other parameters, play action or prize structure.
L. One (1) "7" (SEVEN) Play Symbol will only appear on GAMES
winning DOUBLE the prize that is revealed on the corresponding tab
and all wins will be as per the prize structure.
M. Two (2) "7" (SEVEN) Play Symbols will only appear on GAMES
winning FIVE (5) TIMES the prize that is revealed on the correspond-
ing tab and all wins will be as per the prize structure.
N. Three (3) "7" (SEVEN) Play Symbols will only appear on GAMES
winning TEN (10) TIMES the prize that is revealed on the correspond-
ing tab and all wins will be as per the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "STRIKE IT RICH" Scratch Ticket Game prize of $5.00,
$10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the
back of the Scratch Ticket in the space designated on the Scratch Ticket
and present the winning Scratch Ticket to any Texas Lottery Retailer.
The Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment of
the amount due the claimant and physically void the Scratch Ticket;
provided that the Texas Lottery Retailer may, but is not required, to pay
a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas
Lottery Retailer cannot verify the claim, the Texas Lottery Retailer
shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated
by the Texas Lottery, a check shall be forwarded to the claimant in the
amount due. In the event the claim is not validated, the claim shall be
42 TexReg 3522 July 7, 2017 Texas Register
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 "STRIKE IT RICH" Scratch Ticket Game prize of $1,000
or $100,000, the claimant must sign the winning Scratch Ticket and
present it at one of the Texas Lottery's Claim Centers. If the claim is
validated by the Texas Lottery, payment will be made to the bearer of
the validated winning Scratch Ticket for that prize upon presentation of
proper identification. When paying a prize of $600 or more, the Texas
Lottery shall file the appropriate income reporting form with the Inter-
nal 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 vali-
dated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "STRIKE IT RICH" Scratch
Ticket Game prize, the claimant must sign the winning Scratch Ticket,
thoroughly complete a claim form, and mail both to: Texas Lottery
Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas
Lottery is not responsible for Scratch Tickets lost in the mail. In the
event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct:
1. A sufficient amount from the winnings of a prize winner who has
been finally determined to be:
a. delinquent in the payment of a tax or other money to a state agency
and that delinquency is reported to the Comptroller under Government
Code 403.055;
b. in default on a loan made under Chapter 52, Education Code; or
c. in default on a loan guaranteed under Chapter 57, Education Code;
and
2. delinquent child support payments from the winnings of a prize
winner in the amount of the delinquency as determined by a court or a
Title IV-D agency under Chapter 231, Family Code.
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 per-
son shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket
presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No lia-
bility 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 "STRIKE
IT RICH" 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 "STRIKE IT RICH" Scratch Ticket Game, the
Texas Lottery shall deposit the amount of the prize in a custodial bank by the physical possessor of said Scratch Ticket. When a signature is
account, with an adult member of the minor's family or the minor's placed on the back of the Scratch Ticket in the space designated, the
guardian serving as custodian for the minor. player whose signature appears in that area shall be the owner of the
Scratch Ticket and shall be entitled to any prize attributable thereto.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be
Notwithstanding any name or names submitted on a claim form, the
claimed within 180 days following the end of the Scratch Ticket Game
Executive Director shall make payment to the player whose signature
or within the applicable time period for certain eligible military person-
appears on the back of the Scratch Ticket in the space designated. If
nel as set forth in Texas Government Code 466.408. Any rights to a
more than one name appears on the back of the Scratch Ticket, the
prize that is not claimed within that period, and in the manner specified
Executive Director will require that one of those players whose name
in these Game Procedures and on the back of each Scratch Ticket, shall
appears thereon be designated by such players to receive payment.
be forfeited.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch
2.8 Disclaimer. The number of prizes in a game is approximate based
Tickets and shall not be required to pay on a lost or stolen Scratch
on the number of Scratch Tickets ordered. The number of actual prizes
Ticket.
available in a game may vary based on number of Scratch Tickets man-
ufactured, testing, distribution, sales and number of prizes claimed. A 4.0 Number and Value of Scratch Ticket Prizes. There will be approx-
Scratch Ticket Game may continue to be sold even when all the top imately 8,280,000 Scratch Tickets in Scratch Ticket Game No. 1891.
prizes have been claimed. The approximate number and value of prizes in the game are as fol-
lows:
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

A. The actual number of Scratch Tickets in the game may be increased Game No. 1891, the State Lottery Act (Texas Government Code, Chap-
or decreased at the sole discretion of the Texas Lottery Commission. ter 466), applicable rules adopted by the Texas Lottery pursuant to the
State Lottery Act and referenced in 16 TAC, Chapter 401, and all final
5.0 End of the Scratch Ticket Game. The Executive Director may, at
decisions of the Executive Director.
any time, announce a closing date (end date) for the Scratch Ticket
Game No. 1891 without advance notice, at which point no further TRD-201702472
Scratch Tickets in that game may be sold. The determination of the Bob Biard
closing date and reasons for closing will be made in accordance with General Counsel
the Scratch Ticket closing procedures and the Instant Game Rules. See Texas Lottery Commission
16 TAC 401.302(j). Filed: June 27, 2017
6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to
comply with, and abide by, these Game Procedures for Scratch Ticket

IN ADDITION July 7, 2017 42 TexReg 3523

North Central Texas Council of Governments
Request for Proposals for the Fort Worth Active Transportation
Plan
The North Central Texas Council of Governments (NCTCOG) and the
City of Fort Worth are requesting consultant services to develop a city-
wide active transportation plan. In accordance with the City's Com-
prehensive Plan and the Complete Streets Policy, this Plan for the City
of Fort Worth will integrate the adopted Bike Fort Worth Plan, Walk
Fort Worth Plan, Master Thoroughfare Plan, and the Fort Worth Trans-
portation Authority Master Plan to create a seamless network of on-
and off-street pedestrian and bicycle facilities integrated with the pub-
lic transportation and thoroughfare networks. The Plan will develop a
network of priorities for access, safety, comfort, and other key factors
to assist in funding priorities.
The Fort Worth Active Transportation Plan will develop a level of com-
fort analysis for multi-modal transportation throughout the City, and
identify a citywide active transportation network that will enable re-
gional non-motorized travel, while benefiting local active transporta-
tion trips. The Plan will produce an implementation strategy and frame-
work for prioritizing bicycle and pedestrian projects across the city.
Proposals must be received no later than 5:00 p.m., on Friday August
4, 2017, to Kevin Kokes, Principal Transportation Planner, North Cen-
tral Texas Council of Governments, 616 Six Flags Drive, Arlington,
Texas 76011. Copies of the Request for Proposals will be available at
www.nctcog.org/rfp by the close of business on Friday, July 7, 2017.
NCTCOG encourages participation by disadvantaged business enter-
prises and does not discriminate on the basis of age, race, color, reli-
gion, sex, national origin, or disability.
TRD-201702468
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: June 27, 2017
Request for Proposals for Traffic Pattern Data for IH 30 Closure
The North Central Texas Council of Governments (NCTCOG) is re-
questing proposals from providers of data to gain a better understand-
ing of traffic patterns during the weekend closures of IH 30 for con-
struction starting in the Fall of 2017. As part of the IH 30 and SH
360 interchange project, the Texas Department of Transportation plans
to close IH 30 in both directions from President George Bush Turn-
pike (PGBT) to Cooper / Collins Street entrance and exit points. This
closure will be used for bridge demolitions, which is anticipated to be
needed approximately 6 times throughout the construction of the in-
terchange. The collection of travel pattern data through this corridor
before, during and after the closures will help us better understand the
percentage of travelers for each possible route and the travel time as-
sociated with each route. This data will help us assess effectiveness of
the detour route as well as other routes travelers choose to take. Un-
derstanding the baseline data and reviewing the data after each closure,
NCTCOG and partner agencies will fine-tune the plan to improve con-
gestion through the corridor.
Proposals must be received no later than 5:00 p.m., on Friday Au-
gust 4, 2017, to Natalie Bettger, Senior Program Manager, North Cen-
tral Texas Council of Governments, 616 Six Flags Drive, Arlington,
Texas 76011. Copies of the Request for Proposals will be available at
www.nctcog.org/rfp by the close of business on Friday, July 7, 2017.
42 TexReg 3524 July 7, 2017 Texas Register
NCTCOG encourages participation by disadvantaged business enter-
prises and does not discriminate on the basis of age, race, color, reli-
gion, sex, national origin, or disability.
TRD-201702474
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: June 27, 2017
Public Utility Commission of Texas
Notice of Application for a Service Provider Certificate of
Operating Authority
Notice is given to the public of an application filed with the Public Util-
ity Commission of Texas (commission) on June 15, 2017, for a service
provider certificate of operating authority, pursuant to the Public Util-
ity Regulatory Act. Applicant intends to provide facilities-based, data
and resale services in all ILEC areas of the State of Texas open to com-
petition.
Docket Title and Number: Application of Uniti Fiber LLC for a Service
Provider Certificate of Operating Authority, Docket Number 47294.
Persons who wish to comment upon the action sought should contact
the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later
than July 7, 2017. Hearing and speech impaired individuals with text
telephone (TTY) may contact the commission through Relay Texas by
dialing 7-1-1. All comments should reference Docket Number 47294.
TRD-201702427
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 22, 2017
Notice of Application for Sale, Transfer, or Merger
Notice is given to the public of an application filed with the Public
Utility Commission of Texas (Commission) on June 22, 2017, pursuant
to the Public Utility Regulatory Act, Tex. Util. Code Ann. 39.154 and
39.158.
Docket Style and Number: Application of Willow Springs Class B
Member, LLC for Approval Pursuant to 39.158 of the Public Util-
ity Regulatory Act, Docket Number 47341.
The Application: On June 22, 2017, Willow Springs Class B Mem-
ber, LLC filed an application for approval of the conveyance of certain
passive equity interests in Willow Springs Class B to BAL Investment
& Advisory, Inc. and Mid-American Wind Tax Equity Holdings, LLC
(the investors). Following the proposed transaction, the combined gen-
eration owned and controlled by Willow Springs Class B, investors and
their affiliates and will equal approximately 1,707.5 MW, or approxi-
mately 1.83% of the installed capacity in ERCOT or capable delivery
into ERCOT.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas as soon as possible
as an intervention deadline will be imposed. A comment or request to
intervene should be mailed to by mail at P.O. Box 13326, Austin, Texas
78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-
8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission through Relay Texas by dialing
7-1-1. All comments should reference Docket Number 47341.
TRD-201702473
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 27, 2017
and Necessity for Service Area Boundary Changes in Burnet County.
Notice of Application for Retail Electric Provider Certification
Notice is given to the public of the filing with the Public Utility Com-
mission of Texas (Commission) of an application on June 16, 2017, for
retail electric provider certification, pursuant to Public Utility Regula-
tory Act (PURA) 39.352.
Docket Title and Number: Application of AMOS ENERGY INC. for
a Retail Electric Provider Certificate, Docket Number 47310.
Application: AMOS ENERGY INC. requests an Option II retail elec-
tric provider certificate.
Information on the application may be obtained by contacting the com-
mission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by
phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact
the commission through Relay Texas by dialing 7-1-1. All inquiries
should reference Docket Number 47310.
TRD-201702429
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 22, 2017
quests comments from interested parties on the questions listed below
Notice of Application to Amend a Sewer Certificate of
Convenience and Necessity
Notice is given to the public of the filing with the Public Utility Com-
mission of Texas of an application to amend a sewer certificate of con-
venience and necessity in Montgomery County.
Docket Style and Number: Application of Chateau Woods Municipal
Utility District to Amend a Certificate of Convenience and Necessity
in Montgomery County, Docket Number 47315.
The Application: Chateau Woods Municipal Utility District filed an
application to amend its sewer certificate of convenience and necessity
(CCN) number 20937 in Montgomery County. The total area being
requested includes approximately 9 acres and 25 current customers.
Persons wishing to intervene or comment on the action sought should
contact the commission by mail at P.O. Box 13326, Austin, Texas
78711-3326, or by phone at (512) 936-7120 or toll-free at (888)
782-8477. A deadline for intervention in this proceeding will be estab-
lished. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission through Relay Texas by dialing
7-1-1. All comments should reference Docket Number 47315.
TRD-201702428
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 22, 2017
Notice of Application to Amend Certificated Service Area
Boundaries
Notice is given to the public of the filing with the Public Utility Com-
mission of Texas of an application on June 20, 2017, for an amendment
to certificated service area boundaries within Burnet County, Texas.
Docket Style and Number: Application of City of Burnet and Peder-
nales Electric Cooperative, Inc. to Amend Certificates of Convenience
Docket Number 47333.
The Application: the City of Burnet and Pedernales Electric Coopera-
tive, Inc. filed an application for a service area boundary exception to
allow the City to provide service to a specific customer located within
the certificated service area of PEC. The City and PEC have provided
a service area exchange agreement.
Persons wishing to comment on the action sought or intervene should
contact the Public Utility Commission of Texas no later than July 14,
2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by
phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact
the Commission through Relay Texas by dialing 7-1-1. All comments
should reference Docket Number 47333.
TRD-201702450
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 23, 2017
Request for Comments
Staff of the Public Utility Commission of Texas (commission staff) re-
on Rayburn Country Electric Cooperative, Inc.'s (RCEC) proposal to
move its load and portions of its facilities currently in the Southwest
Power Pool (SPP) to the Electric Reliability Council of Texas (ER-
COT). Parties are invited to submit written comments in response to
commission staff's questions by filing 16 copies of such comments with
the Public Utility Commission's Central Records Division no later than
3:00 p.m. on Friday, July 14, 2017. All comments should reference
Project No. 47342 and should be limited to 20 pages.
Questions concerning this notice should be referred to Kennedy Meier,
Legal Division, at Kennedy.Meier@puc.texas.gov or (512) 936-7265.
Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission through Relay Texas by dialing 7-1-1.
QUESTIONS
In Project No. 45633, the commission directed ERCOT and SPP to per-
form a joint study regarding the impacts of Lubbock Power & Light's
(LP&L) proposal to join ERCOT. Should the commission direct ER-
COT and SPP to perform a similar joint study of RCEC's proposal?
Please explain why or why not.
If the commission does direct ERCOT and SPP to perform a joint study,
should the RCEC study differ from the LP&L study? If the study
should differ, please explain how and why it should differ. If the study
should not differ, please explain why.
Please provide any other comments you have on RCEC's proposal.
TRD-201702478
IN ADDITION July 7, 2017 42 TexReg 3525
Adriana Gonzales
Rules Coordinator
Public Utility of Commission of Texas
Filed: June 27, 2017
template. The AVN-550 consists of eight pages of data plus one op-
Texas Department of Transportation
Aviation Division - Request for Qualifications for Professional
Engineering Services
The City of Gladewater, through its agent, the Texas Department of
Transportation (TxDOT), intends to engage a professional engineering
firm for services pursuant to Chapter 2254, Subchapter A, of the Gov-
ernment Code. TxDOT Aviation Division will solicit and receive qual-
ification statements for the current aviation project as described below.
Current Project: City of Gladewater; TxDOT CSJ No.:
1710GLADE.
The TxDOT Project Manager is Ryan Hindman, P.E.
Scope: Provide engineering and design services, including construc-
tion administration, to:
1. Chip seal, overlay, and mark Runway 14-32; and
2. Rehabilitate taxiways to Runway 14-32.
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 oppor-
tunity to submit in response to this solicitation and will not be discrim-
inated against on the grounds of race, color, or national origin in con-
sideration for an award.
The proposed contract is subject to 49 CFR Part 26 concerning the
participation of Disadvantaged Business Enterprises (DBE).
The DBE goal for the design phase of the current project is 16%. The
goal will be re-set for the construction phase.
Utilizing multiple engineering/design and construction grants over the
course of the next five years, future scope of work items at the Glade-
water Municipal Airport may include the following: rehabilitate Run-
way 17-35 and taxiways leading to Runway 17-35; stripe and mark
various airfield pavements; rehabilitate hangar access taxiways; reha-
bilitate apron; rehabilitate aircraft parking areas; clear 20:1 approach
surfaces; install/replace airport perimeter fencing; and update the Air-
port Layout Plan.
The City of Gladewater reserves the right to determine which of the
above services may or may not be awarded to the successful firm and
to initiate additional procurement action for any of the services above.
To assist in your qualification statement preparation, the criteria, 5010
drawing, project diagram, and most recent Airport Layout Plan are
available online at http://www.dot.state.tx.us/avn/avninfo/notice/con-
sult/index.htm by selecting "Gladewater Municipal Airport." The
qualification statement should address a technical approach for the
current scope only. Firms shall use page 4, Recent Airport Experience,
to list relevant past projects for both current scope and future scope.
AVN-550 Preparation Instructions:
Interested firms shall utilize the latest version of Form AVN-550, titled
"Qualifications for Aviation Architectural/Engineering Services." The
form may be requested from TxDOT, Aviation Division, 125 E. 11th
Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT
42 TexReg 3526 July 7, 2017 Texas Register
(74568). The form may be emailed by request or downloaded from
the TxDOT website at http://www.txdot.gov/inside-txdot/division/avia-
tion/projects.html. 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-550
tional illustration page. A prime provider may only submit one AVN-
550. If a prime provider submits more than one AVN-550, that provider
will be disqualified. Responses to this solicitation WILL NOT BE AC-
CEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-
550, firms are encouraged to download Form AVN-550 from the Tx-
DOT website as addressed above. Utilization of Form AVN-550 from a
previous download may not be the exact same format. Form AVN-550
is a PDF Template.
The completed Form AVN-550 must be received in the TxDOT Avia-
tion eGrants system no later than August 4, 2017, 11:59 p.m. (CDST).
Electronic facsimiles or forms sent by email 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 http://txdot.gov/govern-
ment/funding/egrants-2016/aviation.html.
An instructional video on how to respond to a solicitation in eGrants
is available at http://txdot.gov/government/funding/egrants-2016/avia-
tion.html.
Step by step instructions on how to respond to a solicita-
tion in eGrants will also be posted in the RFQ packet at
http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.
The consultant selection committee will be composed of local gov-
ernment representatives. The final selection by the committee will
generally be made following the completion of review of AVN-550s.
The committee will review all AVN-550s and rate and rank each.
The Evaluation Criteria for Engineering Qualifications can be found
at http://www.txdot.gov/inside-txdot/division/aviation/projects.html
under Information for Consultants. All firms will be notified and the
top rated firm will be contacted to begin fee negotiations for the design
and bidding phases. 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 ques-
tions at (800) 68-PILOT (74568). For procedural questions, contact
Beverly Longfellow. For technical questions, contact Ryan Hindman,
P.E., Project Manager.
For questions regarding responding to this solicitation in eGrants,
please contact the TxDOT Aviation help desk at (800) 687-4568 or
avn-egrantshelp@txdot.gov.
TRD-201702430
Leonard Reese
Associate General Counsel
Texas Department of Transportation
Filed: June 22, 2017
Public Notice - Aviation
Pursuant to Transportation Code, 21.111, and Title 43, Texas Admin-
istrative Code, 30.209, the Texas Department of Transportation con-
ducts public hearings to receive comments from interested parties con- Interested persons are encouraged to attend the hearing and to present
cerning proposed approval of various aviation projects. comments concerning the draft IUPs. Those who cannot attend the
hearing may provide comments through the following three alternative
For information regarding actions and times for aviation public hear-
methods:
ings, please go to the following website:
(1) submit comments via the online comment page:
www.txdot.gov/inside-txdot/get-involved/about/hearings-meet-
https://www2.twdb.texas.gov/apps/iup/;
ings.html.
(2) email comments to the electronic mail address: iupcom-
Or visit www.txdot.gov, and under How Do I, choose Find Hearings
ments@twdb.texas.gov; or
and Meetings, then choose Hearings and Meetings, and then choose
Schedule. (3) submit written comments to the postal mail address:
Or contact Texas Department of Transportation, Aviation Division, 150 Mr. Mark Wyatt
East Riverside, Austin, Texas 78704, (512) 416-4500 or (800) 68-PI-
Director, Program Administration and Reporting
LOT.
TRD-201702425 Texas Water Development Board
Joanne Wright P.O. Box 13231
Deputy General Counsel
Austin, Texas 78711
Texas Department of Transportation
Filed: June 21, 2017 The deadline for comments will be specified in the draft CWSRF
and DWSRF IUPs, which will be available at the TWDB's website
at http://www.twdb.texas.gov/financial/programs/CWSRF/index.asp
Texas Water Development Board and http://www.twdb.texas.gov/financial/programs/DWSRF/index.asp
respectively.
Notice of Public Hearing on the Draft State Fiscal Year 2018
Please note that time limits on public comments may be imposed to
Clean and Drinking Water State Revolving Fund Intended
allow all attendees to be heard. Additionally, the TWDB discourages
Use Plans comments requesting a revised rating based on project information not
The Texas Water Development Board (TWDB) will conduct a public previously submitted.
hearing on the draft State Fiscal Year (SFY) 2018 Clean Water State Persons with disabilities who plan to attend this meeting and need aux-
Revolving Fund (CWSRF) Intended Use Plan (IUP) and the draft SFY iliary aids or services are requested to contact Merry Klonower at (512)
2018 Drinking Water State Revolving Fund (DWSRF) IUP. The hear- 463-8165 two (2) business days prior to the hearing so that appropriate
ing will begin promptly at 9:30 a.m. on July 28, 2017, in Room 170 of arrangements can be made.
the Stephen F. Austin Building at 1700 North Congress Avenue, Austin,
Texas 78701. TRD-201702432
Todd Chenoweth
The CWSRF IUP contains a list of wastewater projects in prioritized
General Counsel
order which will be considered for funding in SFY 2018. The draft
SFY 2018 CWSRF IUP has been prepared pursuant to rules adopted Texas Water Development Board
by the TWDB in 31 Texas Administrative Code Chapter 375. Filed: June 22, 2017

The DWSRF IUP contains a list of drinking water projects in prioritized

order which will be considered for funding in SFY 2018. The draft SFY
2018 DWSRF IUP has been prepared pursuant to the rules adopted by
the TWDB in 31 Texas Administrative Code Chapter 371.

IN ADDITION July 7, 2017 42 TexReg 3527

Open Meetings

Statewide agencies and regional agencies that extend into four or more counties post
meeting notices with the Secretary of State.

Meeting agendas are available on the Texas Register's Internet site:

http://www.sos.state.tx.us/open/index.shtml

Members of the public also may view these notices during regular office hours from a
computer terminal in the lobby of the James Earl Rudder Building, 1019 Brazos (corner
of 11th Street and Brazos) Austin, Texas. To request a copy by telephone, please call
512-463-5561. Or request a copy by email: register@sos.state.tx.us

For items not available here, contact the agency directly. Items not found here:
minutes of meetings
agendas for local government bodies and regional agencies that extend into fewer
than four counties
legislative meetings not subject to the open meetings law

The Office of the Attorney General offers information about the open meetings law,

including Frequently Asked Questions, the Open Meetings Act Handbook, and Open

Meetings Opinions.

http://texasattorneygeneral.gov/og/open-government

The Attorney General's Open Government Hotline is 512-478-OPEN (478-6736) or toll-

free at (877) OPEN TEX (673-6839).

Additional information about state government may be found here:

http://www.texas.gov

...

Meeting Accessibility. Under the Americans with Disabilities Act, an individual with a
disability must have equal opportunity for effective communication and participation in
public meetings. Upon request, agencies must provide auxiliary aids and services, such as
interpreters for the deaf and hearing impaired, readers, large print or Braille documents.
In determining type of auxiliary aid or service, agencies must give primary consideration
to the individual's request. Those requesting auxiliary aids or services should notify the
contact person listed on the meeting notice several days before the meeting by mail,
telephone, or RELAY Texas. TTY: 7-1-1.
January - December 2018 Publication Schedule
Filing deadlines for publication in the Texas Register are 12 noon Monday for rules and 12 noon Wednesday
for miscellaneous documents, rule review notices, and other documents. These deadlines are for
publication. They are not related to posting requirements for open meeting notices. Because of
printing and mailing schedules, documents received after the deadline for an issue cannot be published
until the next issue. An asterisk beside a publication date indicates that the deadlines are early due to state
holidays.

Issue Date Deadline for rules by 12 noon Deadline for other documents by 12 noon
January 5, 2018 Thursday, December 21, 2017* Friday, December 22, 2017*
January 12, 2018 Friday, December 29, 2017* Wednesday, January 3, 2018
January 12, 2018 2017 Annual Index
January 19, 2018 Monday, January 8, 2018 Wednesday, January 10, 2018
January 26, 2018 Friday, January 12, 2018 Wednesday, January 17, 2018
February 2, 2018 Monday, January 22, 2018 Wednesday, January 24, 2018
February 9, 2018 Monday, January 29, 2018 Wednesday, January 31, 2018
February 16, 2018 Monday, February 5, 2018 Wednesday, February 7, 2018
February 23, 2018 Monday, February 12, 2018 Wednesday, February 14, 2018
March 2, 2018 Friday, February 16, 2018* Wednesday, February 21, 2018
March 9, 2018 Monday, February 26, 2018 Wednesday, February 28, 2018
March 16, 2018 Monday, March 5, 2018 Wednesday, March 7, 2018
March 23, 2018 Monday, March 12, 2018 Wednesday, March 14, 2018
March 30, 2018 Monday, March 19, 2018 Wednesday, March 21, 2018
April 6, 2018 Monday, March 26, 2018 Wednesday, March 28, 2018
April 6, 2018 2018 First Quarterly Index
April 13, 2018 Monday, April 2, 2018 Wednesday, April 4, 2018
April 20, 2018 Monday, April 9, 2018 Wednesday, April 11, 2018
April 27, 2018 Monday, April 16, 2018 Wednesday, April 18, 2018
May 4, 2018 Monday, April 23, 2018 Wednesday, April 25, 2018
May 11, 2018 Monday, April 30, 2018 Wednesday, May 2, 2018
May 18, 2018 Monday, May 7, 2018 Wednesday, May 9, 2018
May 25, 2018 Monday, May 14, 2018 Wednesday, May 16, 2018
June 1, 2018 Monday, May 21, 2018 Wednesday, May 23, 2018
June 8, 2018 Friday, May 25, 2018* Wednesday, May 30, 2018
June 15, 2018 Monday, June 4, 2018 Wednesday, June 6, 2018
June 22, 2018 Monday, June 11, 2018 Wednesday, June 13, 2018
June 29, 2018 Monday, June 18, 2018 Wednesday, June 20, 2018
July 6, 2018 Monday, June 25, 2018 Wednesday, June 27, 2018
 July 6, 2018 2018 Second Quarterly Index
July 13, 2018 Monday, July 2, 2018 Tuesday, July 3, 2018*
July 20, 2018 Monday, July 9, 2018 Wednesday, July 11, 2018
July 27, 2018 Monday, July 16, 2018 Wednesday, July 18, 2018
August 3, 2018 Monday, July 23, 2018 Wednesday, July 25, 2018
August 10, 2018 Monday, July 30, 2018 Wednesday, August 1, 2018
August 17, 2018 Monday, August 6, 2018 Wednesday, August 8, 2018
August 24, 2018 Monday, August 13, 2018 Wednesday, August 15, 2018
August 31, 2018 Monday, August 20, 2018 Wednesday, August 22, 2018
September 7, 2018 Monday, August 27, 2018 Wednesday, August 29, 2018
September 14, 2018 Friday, August 31, 2018* Wednesday, September 5, 2018
September 21, 2018 Monday, September 10, 2018 Wednesday, September 12, 2018
September 28, 2018 Monday, September 17, 2018 Wednesday, September 19, 2018
October 5, 2018 Monday, September 24, 2018 Wednesday, September 26, 2018
October 5, 2018 2018 Third Quarterly Index
October 12, 2018 Monday, October 1, 2018 Wednesday, October 3, 2018
October 19, 2018 Monday, October 8, 2018 Wednesday, October 10, 2018
October 26, 2018 Monday, October 15, 2018 Wednesday, October 17, 2018
November 2, 2018 Monday, October 22, 2018 Wednesday, October 24, 2018
November 9, 2018 Monday, October 29, 2018 Wednesday, October 31, 2018
November 16, 2018 Monday, November 5, 2018 Wednesday, November 7, 2018
November 23, 2018 Monday, November 12, 2018 Wednesday, November 14, 2018
November 30, 2018 Friday, November 16, 2018* Friday, November 16, 2018*
December 7, 2018 Monday, November 26, 2018 Wednesday, November 28, 2016
December 14, 2018 Monday, December 3, 2018 Wednesday, December 5, 2018
December 21, 2018 Monday, December 10, 2018 Wednesday, December 12, 2018
December 28, 2018 Friday, December 14, 2018* Friday, December 14, 2018*

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10. Community Development
13. Cultural Resources
16. Economic Regulation
19. Education
22. Examining Boards
25. Health Services
28. Insurance
30. Environmental Quality
31. Natural Resources and Conservation
34. Public Finance
37. Public Safety and Corrections
40. Social Services and Assistance
43. Transportation
How to Cite: Under the TAC scheme, each section is designated
by a TAC number. For example in the citation 1 TAC 27.15: 1
indicates the title under which the agency appears in the Texas
Administrative Code; TAC stands for the Texas Administrative
Code; 27.15 is the section number of the rule (27 indicates that
the section is under Chapter 27 of Title 1; 15 represents the
individual section within the chapter).
How to Update: To find out if a rule has changed since the
publication of the current supplement to the Texas Administrative
Code, please look at the Index of Rules.
The Index of Rules is published cumulatively in the blue-cover
quarterly indexes to the Texas Register.
If a rule has changed during the time period covered by the table,
the rules TAC number will be printed with the Texas Register
page number and a notation indicating the type of filing
(emergency, proposed, withdrawn, or adopted) as shown in the
following example.
TITLE 1. ADMINISTRATION
Part 4. Office of the Secretary of State
Chapter 91. Texas Register
1 TAC 91.1..........................................950 (P)


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