TITLE PART 1. FINANCE COMMISSION OF TEXAS

TITLE 7. BANKING AND SECURITIES

PART 1. FINANCE COMMISSION OF TEXAS

CHAPTER 3. STATE BANK REGULATION

SUBCHAPTER B. GENERAL

7 TAC ?3.36

The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts an amendment to ?3.36, concerning annual assessments and specialty examination fees. The amended rule is adopted without changes to the proposed text as published in the April 30, 2021, issue of the Texas Register (46 TexReg 2875). The amended rule will not be republished.

The rule is amended to mitigate the assessment effects of participating in the Paycheck Protection Program (PPP) by decreasing a state bank's assessment base by the amount attributable to PPP loans reflected in the bank's financial statements.

Recent events have significantly and adversely impacted the global economy and financial markets. The spread of the Coronavirus Disease (COVID-19) has slowed economic activity in many countries, including the United States. Small businesses have experienced liquidity difficulties and a collapse in revenue streams as millions of Americans have been ordered to stay home, severely reducing their ability to engage in normal commerce. Many small businesses have been forced to close temporarily or furlough employees. Continued access to financing is crucial for small businesses to weather economic disruptions caused by COVID-19 and, ultimately, to help restore economic activity.

As part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136 (March 27, 2020), and in recognition of the exigent circumstances faced by small businesses, the United States Congress created the PPP. PPP loans are fully guaranteed as to principal and accrued interest by the Small Business Administration (SBA), the amount of each being determined at the time the guarantee is exercised. As a general matter, SBA guarantees are backed by the full faith and credit of the U.S. Government. PPP loans also afford borrowers forgiveness up to the principal amount of the PPP loan if the proceeds of the PPP loan are used for certain expenses. The SBA reimburses PPP lenders for any amount of a PPP loan that is forgiven. PPP lenders are not held liable for any representations made by PPP borrowers in connection with a borrower's request for PPP loan forgiveness.

The annual assessment chargeable to a state bank for the 12-month period beginning each September 1 is calculated

based in part on the institution's total assets as reported in its most recent March 31st call report. The total loan portfolio of an institution that assists economic stability and recovery during the COVID-19 crisis by making PPP loans to customers increases, all else being equal, which increases the total assets on its balance sheet by an amount equal to the outstanding balance of PPP loans. Under the pre-amendment assessment rule, this increase in total assets would result in an increase to the institution's annual assessment.

In recognition of the important role Texas state banks have played in providing liquidity to small businesses and helping to stabilize the broader economy in the midst of the economic disruption caused by COVID-19, the adopted amendment mitigates this potential for increased assessments by excluding the outstanding balance of all PPP loans from the institution's total assets.

Specifically, the definition of "on-book assets" in ?3.36(b)(6) is amended to subtract the outstanding balance of PPP loans included on "Schedule RC-M - Memoranda" in the institution's March 31st call report from total assets. A definition for "PPP" is also added as new ?3.36(b)(7).

The department received one comment supporting the proposed amendment from the Independent Bankers Association of Texas.

The amendment is adopted pursuant to Finance Code, ?31.003(a)(4) and ?31.106, which authorize the commission to adopt rules necessary or reasonable to recover the cost of supervision and regulation by imposing and collecting ratable and equitable fees. As required by Finance Code, ?31.003(b), the commission considered the need to promote a stable banking environment, provide the public with convenient, safe, and competitive banking services, preserve and promote the competitive position of state banks with regard to national banks and other depository institutions in this state consistent with the safety and soundness of state banks and the state bank system, and allow for economic development in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 21, 2021.

TRD-202102384

Catherine Reyer

General Counsel

Finance Commission of Texas

Effective date: July 11, 2021

Proposal publication date: April 30, 2021

For further information, please call: (512) 475-1301

ADOPTED RULES July 2, 2021 46 TexReg 4023

TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 103. HEALTH AND SAFETY

SUBCHAPTER CC. COMMISSIONER'S

RULES CONCERNING SAFE SCHOOLS

19 TAC ?103.1205

The Texas Education Agency (TEA) adopts the repeal of ?103.1205, concerning the pilot program for placement of students in Junior Reserve Officers Training Corps (JROTC) programs. The repeal is adopted without changes to the proposed text as published in the January 1, 2021 issue of the Texas Register (46 TexReg 43) and will not be republished. The adopted repeal removes the rule since its authorizing statute has expired.

REASONED JUSTIFICATION: House Bill 156, 85th Texas Legislature, Regular Session, 2017, established a pilot program under Texas Education Code (TEC), Chapter 37, Subchapter A-1, for placement of high school students in JROTC programs as an alternative to placement in disciplinary alternative education programs (DAEPs) or juvenile justice alternative education programs. TEC, ?37.031, required TEA to designate not more than two high schools that met certain criteria to participate in the pilot program and also required the commissioner to adopt by rule additional criteria to promote positive student educational outcomes for the agency to use in making designations for participation in the pilot program. TEC, ?37.042, established an expiration date of September 1, 2019, for the subchapter that authorized the pilot program.

Section 103.1205 implemented TEC, ?37.031, by adopting in rule additional criteria that TEA used in making designations for the JROTC pilot program. The rule also required schools participating in the pilot program to follow the minimum standards and best practices for truancy prevention measures as outlined in TEC, ?25.0915, and comply with the data reporting required under TEC, ?37.020(d).

The adoption repeals ?103.1205 since the statutory authority for the rule expired on September 1, 2019.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began January 1, 2021, and ended February 1, 2021. Following is a summary of the public comment received and the corresponding response.

Comment: A school district administrator asked if there is any data that supports or refutes the placement of students in the JROTC program as an alternative to DAEP placement.

Response: The comment is outside the scope of the proposed rulemaking. Furthermore, TEA does not have the data necessary to respond to the commenter's question.

STATUTORY AUTHORITY. The repeal is adopted under Texas Education Code (TEC), ?37.020(d), as that section existed prior to its expiration on September 1, 2019, which required districts who placed students in a Junior Reserve Officers Training Corps (JROTC) program to report information on each placement; TEC, ?37.031, as that section existed prior to its expiration

on September 1, 2019, which established a pilot program for placement of high school students in JROTC programs as an alternative to placement in disciplinary alternative education programs or juvenile justice alternative education programs. TEC, ?37.031(c), required the commissioner to adopt additional criteria to promote positive student educational outcomes for use in making designations of not more than two high schools for the JROTC pilot program; and TEC, ?37.042, which established an expiration date of September 1, 2019, for TEC, Chapter 37, Subchapter A-1.

CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, ??37.020(d), 37.031, and 37.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 16, 2021.

TRD-202102361 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Effective date: July 6, 2021 Proposal publication date: January 1, 2021 For further information, please call: (512) 475-1497

TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 101. DENTAL LICENSURE

22 TAC ?101.2

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC ?101.2, concerning dental licensure by examination. The adopted amendment reflects the North East Regional Board of Dental Examiners (NERB) name change to The Commission on Dental Competency Assessments (CDCA), and the effective date of the name change. This amendment is adopted without changes to the proposed text as published in the April 30, 2021, issue of the Texas Register (46 TexReg 2882). The rule will not be republished.

No comments were received regarding adoption of the amendment.

This rule is adopted under Texas Occupations Code ?254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 18, 2021. TRD-202102378

46 TexReg 4024 July 2, 2021 Texas Register

Lauren Studdard General Counsel State Board of Dental Examiners Effective date: July 8, 2021 Proposal publication date: April 30, 2021 For further information, please call: (512) 305-8910

CHAPTER 103. DENTAL HYGIENE

LICENSURE

22 TAC ?103.2

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC ?103.2, concerning dental hygiene licensure by examination. The adopted amendment reflects the North East Regional Board of Dental Examiners (NERB) is now The Commission on Dental Competency Assessments (CDCA), and the effective date of the name change. This amendment is adopted without changes to the proposed text as published in the April 30, 2021, issue of the Texas Register (46 TexReg 2884). The rule will not be republished.

No comments were received regarding adoption of the amendment.

This rule is adopted under Texas Occupations Code ?254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 18, 2021.

TRD-202102379 Lauren Studdard General Counsel State Board of Dental Examiners Effective date: July 8, 2021 Proposal publication date: April 30, 2021 For further information, please call: (512) 305-8910

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES SUBCHAPTER A. ACCREDITATION

37 TAC ?651.5

The Texas Forensic Science Commission ("Commission") adopts an amendment to 37 Texas Administrative Code ?651.5 without changes to the proposed text as published in the May 14, 2021, issue of the Texas Register (46 TexReg 3117) to remove the term "collection" from the Forensic Biology/DNA

categories of analysis that are subject to Commission accreditation requirements and the licensing requirements that follow. The rule will not be republished. Evidence collection activities related to forensic biology cases may be performed by another unit at a crime laboratory for evidence processing efficiency and other purposes. The rules as currently written subject such evidence collection activities to unnecessary and inapplicable Forensic Biology/DNA accreditation and licensing requirements without further clarity. The Commission removed the term "collection" from the scope of analyses subject to accreditation and licensing requirements under the Forensic Biology/DNA categories of analysis to make it clear this activity is not subject to the requirements and may be performed by a non-Forensic Biology/DNA analyst or other qualified crime laboratory employee. The amendment is necessary to reflect adoptions made by the Commission at its April 16, 2021 quarterly meeting. The adoption is made in accordance with the Commission's accreditation authority under Code of Criminal Procedure, Article 38.01 ?4-d, and the Commission's rulemaking authority under Article 38.01 ?3-a.

Summary of Comments. No comments were received regarding the amendments to this section.

Statutory Authority. The amendment is proposed under Code of Criminal Procedure, Article 38.01 ?3-a, which directs the Commission to adopt rules necessary to implement Article 38.01, and ?4-d(b) and (c), which authorize the Commission to adopt rules providing, modifying, or removing accreditation exemptions.

Cross reference to statute. The proposal affects 37 Texas Administrative Code ?651.5.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 21, 2021.

TRD-202102383 Leigh Tomlin Associate General Counsel Texas Forensic Science Commission Effective date: July 11, 2021 Proposal publication date: May 14, 2021 For further information, please call: (512) 936-0661

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

37 TAC ?651.208

The Texas Forensic Science Commission ("Commission") adopts an amendment to 37 Texas Administrative Code ?651.208 without changes to the proposed text as published in the May 14, 2021, issue of the Texas Register (46 TexReg 3119) which describes the requirements for forensic analyst license renewal. The rule will not be republished. The adoption aligns the total number of continuing forensic education hours required for forensic analyst or technician license renewal with the number recommended by an applicable standard published on the National Institute of Standards and Technology's Organization of Scientific Area Committees Registry of Standards. Currently, the Commission requires 24 total hours. The adoption elevates the required total number to 32 hours. The adoption

ADOPTED RULES July 2, 2021 46 TexReg 4025

is necessary to reflect adoptions made by the Commission at its April 16, 2021 quarterly meeting. The amendment is made in accordance with the Commission's forensic analyst licensing authority under Code of Criminal Procedure, Article 38.01 ?4-a, which directs the Commission to adopt rules to establish the qualifications for a forensic analyst license and the Commission's rulemaking authority under Code of Criminal Procedure, Article 38.01 ?3-a, which directs the Commission to adopt rules necessary to implement Code of Criminal Procedure Article 38.01.

Summary of Comments. No comments were received regarding the amendments to this section.

Statutory Authority. The amendment is proposed under Code of Criminal Procedure, Article 38.01 ?3-a, which directs the Commission to adopt rules necessary to implement Article 38.01, and Article 38.01 ?4-a(d), which directs the Commission to adopt rules to establish the qualifications for a forensic analyst license.

Cross reference to statute. The adoption affects 37 Texas Administrative Code ?651.208.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 21, 2021.

TRD-202102382 Leigh Tomlin Associate General Counsel Texas Forensic Science Commission Effective date: July 11, 2021 Proposal publication date: May 14, 2021 For further information, please call: (512) 936-0661

46 TexReg 4026 July 2, 2021 Texas Register

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