Texas Register
December 25, 2020
Volume 45 Number 52
Pages 9351-9660

IN THIS ISSUE


THE GOVERNOR

Appointments

ATTORNEY GENERAL

Requests for Opinions

EMERGENCY RULES

TEXAS ALCOHOLIC BEVERAGE COMMISSION

LICENSING
16 TAC §33.5

STATE BOARD OF DENTAL EXAMINERS

PROFESSIONAL CONDUCT
22 TAC §108.7

TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

LICENSING
22 TAC §133.67

COUNCIL ON SEX OFFENDER TREATMENT

COUNCIL ON SEX OFFENDER TREATMENT
22 TAC §810.3

DEPARTMENT OF STATE HEALTH SERVICES

AGENCY AND FACILITY RESPONSIBILITIES
25 TAC §417.47

HEALTH AND HUMAN SERVICES COMMISSION

INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
26 TAC §551.46

DEPARTMENT OF AGING AND DISABILITY SERVICES

RESPONSIBILITIES OF STATE FACILITIES
40 TAC §§3.401 - 3.403

PROPOSED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

MEDICAID MANAGED CARE
1 TAC §353.1309, §353.1311

TEXAS DEPARTMENT OF BANKING

MONEY SERVICES BUSINESSES
7 TAC §33.13

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

ADMINISTRATION
10 TAC §1.15
10 TAC §1.23
10 TAC §1.23
ENFORCEMENT
10 TAC §2.201, §2.202
10 TAC §2.201, §2.202

TEXAS DEPARTMENT OF LICENSING AND REGULATION

PODIATRIC MEDICINE PROGRAM
16 TAC §130.59
16 TAC §130.74

TEXAS EDUCATION AGENCY

ASSESSMENT
19 TAC §101.4002

TEXAS BOARD OF CHIROPRACTIC EXAMINERS

SUBSTANCE ABUSE TESTING AND MONITORING
22 TAC §74.1
22 TAC §74.2

TEXAS MUNICIPAL RETIREMENT SYSTEM

ACTIONS OF PARTICIPATING MUNICIPALITIES
34 TAC §§125.1 - 125.7
34 TAC §§125.1 - 125.11

TEXAS DEPARTMENT OF PUBLIC SAFETY

ORGANIZATION AND ADMINISTRATION
37 TAC §1.92
DRIVER LICENSE RULES
37 TAC §15.29
37 TAC §15.34
37 TAC §15.59
37 TAC §15.62
PRACTICE AND PROCEDURE
37 TAC §§29.1 - 29.3, 29.5, 29.21, 29.24, 29.27, 29.29, 29.30, 29.32, 29.33
37 TAC §§29.4, 29.6 - 29.10, 29.12 - 29.19, 29.22, 29.23, 29.25, 29.26, 29.28, 29.34, 29.201
FUSION CENTER OPERATIONS
37 TAC §§38.1 - 38.3

TEXAS DEPARTMENT OF TRANSPORTATION

MANAGEMENT
43 TAC §1.85
CONTRACT AND GRANT MANAGEMENT
43 TAC §§9.130 - 9.135
43 TAC §§9.132 - 9.139

ADOPTED RULES

TEXAS ETHICS COMMISSION

GENERAL RULES CONCERNING REPORTS
1 TAC §18.23, §18.24

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

REIMBURSEMENT RATES
1 TAC §355.205
TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT
1 TAC §355.8201

TEXAS DEPARTMENT OF AGRICULTURE

ECONOMIC DEVELOPMENT
4 TAC §§29.20 - 29.32

OFFICE OF THE STATE ENTOMOLOGIST

BEES
4 TAC §§71.1, 7.9, 7.10
4 TAC §71.7
4 TAC §71.11, §71.12
4 TAC §71.21
4 TAC §71.22, §71.23
4 TAC §71.51, §71.53

FINANCE COMMISSION OF TEXAS

STATE BANK REGULATION
7 TAC §3.37

TEXAS DEPARTMENT OF BANKING

TRUST COMPANY LOANS AND INVESTMENTS
7 TAC §19.51

OFFICE OF CONSUMER CREDIT COMMISSIONER

MOTOR VEHICLE INSTALLMENT SALES
7 TAC §84.201
7 TAC §§84.604, 84.611, 84.613
7 TAC §§84.707 - 84.709
7 TAC §§84.802, 84.803, 84.809

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

QUALIFIED ALLOCATION PLAN (QAP)
10 TAC §§11.1 - 11.10
10 TAC §11.101
10 TAC §§11.201 - 11.207
10 TAC §§11.301 - 11.306
10 TAC §§11.901 - 11.904
QUALIFIED ALLOCATION PLAN (QAP)
10 TAC §§11.1 - 11.10
10 TAC §11.101
10 TAC §§11.201 - 11.207
10 TAC §§11.301 - 11.306
10 TAC §§11.901 - 11.904

RAILROAD COMMISSION OF TEXAS

COAL MINING REGULATIONS
GENERAL
16 TAC §12.3, §12.4
GENERAL REQUIREMENTS FOR PERMIT AND EXPLORATION PROCEDURE SYSTEMS UNDER REGULATORY PROGRAMS
16 TAC §12.100
GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
16 TAC §12.106, §12.108
SURFACE MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION
16 TAC §12.121
SURFACE MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
16 TAC §12.126, §12.137
SURFACE MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN
16 TAC §§12.142, 12.146, 12.148, 12.154
UNDERGROUND MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION
16 TAC §12.161
UNDERGROUND MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
16 TAC §12.172, §12.183
UNDERGROUND MINING PERMIT APPLICATIONS--MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN
16 TAC §§12.188, 12.190, 12.197, 12.198
REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS
16 TAC §§12.207, 12.211, 12.215
PERMIT REVIEWS, REVISIONS, AND RENEWALS, AND TRANSFERS, SALE, AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS
16 TAC §12.225
PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING ACTIVITIES
16 TAC §§12.341, 12.344, 12.347, 12.363, 12.366, 12.368, 12.369, 12.373, 12.376, 12.382, 12.398, 12.399, 12.401
PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND MINING ACTIVITIES
16 TAC §§12.511, 12.514, 12.517, 12.531, 12.534 - 12.536, 12.540, 12.543, 12.549, 12.567, 12.568, 12.570
COMMISSION INSPECTION AND ENFORCEMENT
16 TAC §12.676
ENFORCEMENT
16 TAC §12.679

TEXAS DEPARTMENT OF LICENSING AND REGULATION

AIR CONDITIONING AND REFRIGERATION
16 TAC §75.110

TEXAS EDUCATION AGENCY

SCHOOL DISTRICTS
19 TAC §61.1012
19 TAC §61.1019

STATE BOARD OF DENTAL EXAMINERS

CONTINUING EDUCATION
22 TAC §104.1
STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS
22 TAC §111.5
EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS
22 TAC §114.12

TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

ORGANIZATION AND ADMINISTRATION
22 TAC §131.33
22 TAC §131.49
LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS
22 TAC §§134.1, 134.3, 134.5
22 TAC §134.11
22 TAC §§134.21, 134.23, 134.25, 134.27, 134.29
22 TAC §§134.31, 134.35, 134.37
22 TAC §134.41, §134.43
22 TAC §§134.51, 134.53, 134.55
22 TAC §§134.61, 134.65, 134.68, 134.69, 134.71, 134.73, 134.75
22 TAC §§134.81, 134.83, 134.87, 134.89, 134.91, 134.93, 134.95, 134.97
SURVEYING FIRM REGISTRATION
22 TAC §§136.1, 136.3, 136.5
COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS
22 TAC §§138.73, 138.75, 138.77, 138.79

TEXAS MEDICAL BOARD

GENERAL PROVISIONS
22 TAC §161.11
PRESCRIPTION OF CONTROLLED SUBSTANCES
22 TAC §170.10
TEXAS PHYSICIAN HEALTH PROGRAM
22 TAC §180.4
ACUPUNCTURE
22 TAC §183.20
SURGICAL ASSISTANTS
22 TAC §184.4, §184.25
PHYSICIAN ASSISTANTS
22 TAC §185.6
RESPIRATORY CARE PRACTITIONERS
22 TAC §186.10
PROCEDURAL RULES
22 TAC §187.9
22 TAC §187.35
22 TAC §187.37
22 TAC §187.38
PERFUSIONISTS
22 TAC §188.24
MEDICAL RADIOLOGIC TECHNOLOGY
22 TAC §194.7

TEXAS BOARD OF PROFESSIONAL LAND SURVEYING

GENERAL RULES OF PROCEDURES AND PRACTICES
22 TAC §§661.1 - 661.5, 661.7 - 661.11
22 TAC §661.23, §661.24
22 TAC §661.31
22 TAC §§661.41 - 661.44, 661.46, 661.47, 661.50, 661.51 - 661.53, 661.55, 661.56
22 TAC §§661.60, 661.62 - 661.65, 661.67, 661.68, 661.86 - 661.88, 661.100, 661.102, 661.104

DEPARTMENT OF STATE HEALTH SERVICES

GENERAL SANITATION
25 TAC §§265.181 - 265.208
25 TAC §§265.181 - 265.211

TEXAS DEPARTMENT OF INSURANCE

GENERAL ADMINISTRATION
28 TAC §1.414
LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
28 TAC §3.9901
CORPORATE AND FINANCIAL REGULATION
28 TAC §7.1001

EMPLOYEES RETIREMENT SYSTEM OF TEXAS

BOARD OF TRUSTEES
34 TAC §63.3, §63.4

TEXAS DEPARTMENT OF PUBLIC SAFETY

EQUIPMENT AND VEHICLE SAFETY STANDARDS
37 TAC §21.7

TEXAS WORKFORCE COMMISSION

TEXAS INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS
40 TAC §838.1, §838.2
40 TAC §§838.11 - 838.14
40 TAC §§838.21 - 838.24
40 TAC §838.31

TEXAS DEPARTMENT OF TRANSPORTATION

DESIGN
43 TAC §§11.403 - 11.406, 11.411
TOLL PROJECTS
43 TAC §27.86

TEXAS DEPARTMENT OF MOTOR VEHICLES

FINANCE
43 TAC §209.23
MOTOR VEHICLE DISTRIBUTION
43 TAC §215.500, §215.504
VEHICLE TITLES AND REGISTRATION
42 TAC §217.3
MOTOR CARRIERS
43 TAC §218.72
OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
43 TAC §219.2
43 TAC §§219.11, 219.13 - 219.15
43 TAC §219.42, §219.43
43 TAC §§219.61 - 219.63
OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
43 TAC §219.31
43 TAC §219.83
43 TAC §219.126
SALVAGE VEHICLE DEALERS
43 TAC §221.96

TEXAS DEPRARTMMENT OF INSURANCE EXEMPT FILINGS

Exempt Filing Notification Under Texas Insurance Code Chapter 5, Subchapter L, Article 5.96

REVIEW OF AGENCY RULES

Proposed Rule Reviews
Credit Union Department
Adopted Rule Reviews
Texas Education Agency

TABLES & GRAPHICS

IN ADDITION

Texas State Affordable Housing Corporation
Draft 2021 Annual Action Plan Available for Public Comment
Notice of the Implementation of a 2021 Qualified Mortgage Credit Certificate Program by Texas State Affordable Housing Corporation
Comptroller of Public Accounts
Certification of the Average Closing Price of Gas and Oil - November 2020
Certification of the Single Local Use Tax Rate for Remote Sellers - 2021
Local Sales Tax Rate Changes Effective January 1, 2021
Notice of Request for Proposals for Tier I Collection Services
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Court of Criminal Appeals
Final Approval of Amendments to Texas Rule of Appellate Procedure 49.3
Credit Union Department
Application to Expand Field of Membership
Notice of Final Action Taken
Texas Education Agency
Correction of Error Relating to Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1010, Additional State Aid for School Districts that Contract to Partner to Operate a District Campus
Texas Commission on Environmental Quality
Agreed Orders
Amended Notice of Public Meeting for TPDES Permit for Municipal Wastewater Discharge: New Permit No. WQ0015839001
Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit: Air Quality Permit Number: 160902
Enforcement Orders
Enforcement Orders
Notice of Correction to Agreed Order Number 16
Notice of Correction to Agreed Order Number 20
Notice of District Petition
Notice of District Petition
Notice of District Petition
Notice of District Petition
Health and Human Services Commission
Correction of Error
Texas Health and Human Services Commission
Public Notice - Amendment to the Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver
Public Notice - Texas State Plan for Medical Assistance Amendments Effective January 1, 2021
Texas Department of Housing and Community Affairs
2021-1 Multifamily Direct Loan Annual Notice of Funding Availability
Notice of Funding Availability (NOFA): CDBG-CV Texas Emergency Rental Assistance Program
Notice of Funding Availability (NOFA) Release for 2021 Community Services Block Grant Discretionary (CSBG-D) Funds - Native American and Migrant Seasonal Farm Worker Education and Employment Initiatives
Notice of Public Comment Period and Public Hearing on the Draft 2021 State of Texas Low Income Housing Plan and Annual Report
Texas Department of Insurance
Company Licensing
Texas Department of Licensing and Regulation
Notice of a Vacancy on Weather Modification Advisory Committee
Notice of Vacancies on Advisory Board of Athletic Trainers
Notice of Vacancies on Air Conditioning and Refrigeration Contractors Advisory Board
Notice of Vacancies on Architectural Barriers Advisory Committee
Notice of Vacancies on Behavior Analyst Advisory Board
Notice of Vacancies on Board of Boiler Rules
Notice of Vacancies on Combative Sports Advisory Board
Notice of Vacancies on Code Enforcement Officers Advisory Committee
Notice of Vacancies on Driver Training and Traffic Safety Advisory Committee
Notice of Vacancies on Electrical Safety and Licensing Advisory Board
Notice of Vacancies on Elevator Advisory Board
Notice of Vacancies on Hearing Instrument Fitters and Dispensers Advisory Board
Notice of Vacancies on Licensed Breeders Advisory Committee
Notice of Vacancies on Midwives Advisory Board
Notice of Vacancies on Orthotists and Prosthetists Advisory Board
Notice of Vacancies on Property Tax Consultants Advisory Council
Notice of Vacancies on Registered Sanitarian Advisory Committee
Notice of Vacancies on the Dietitians Advisory Board
Notice of Vacancy on Massage Therapy Advisory Board
Notice of Vacancy on Texas Tax Professional Advisory Committee
Notice of Vacancy on the Texas Water Well Drillers Advisory Council
Notice of Vacancy on Towing and Storage Advisory Board
Notice of Vacancy on Used Automotive Parts Recycling Advisory Board
Texas Lottery Commission
Scratch Ticket Game Number 2287 "1,000,000 CROSSWORD"
Texas Board of Professional Engineers and Land Surveyors
Criminal History Policy for Applications - Professional Engineers and Professional Land Surveyors
Criminal History Policy for Licensees and Registrants - Professional Engineers and Professional Land Surveyors
Supreme Court of Texas
Final Approval of Amendments to Texas Rule of Appellate Procedure 49.3 (Joint Order, Court of Criminal Appeals Misc. Docket No. 20-014)
Texas Water Development Board
Flood Infrastructure Fund Applications Received