TITLE health-services

Part VIII. Interagency Council on Early Childhood Intervention

Chapter 621. Early Childhood Intervention

Subchapter B. Early Childhood Intervention Service Delivery

The Interagency Council on Early Childhood Intervention (ECI) adopts amendments to §§621.22, 621.24, 621.33 and the repeal of §621.32, concerning Early Childhood Intervention Service Delivery without changes to the proposed text as published in the November 27, 1998, issue of the Texas Register (23 TexReg 11896) and will not be republished. The amendments and repeal are necessary as a result of the rule review process. The amendments update the rules.

No comments were received regarding adoption of the amendments and repeal.

25 TAC §§621.22, 621.24, 621.33

The amendments are adopted under the Human Resources Code, Chapter 73, which provides the Interagency Council on Early Childhood Intervention with the authority to promulgate rules consistent with the Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 12, 1999.

TRD-9900928

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Effective date: March 4, 1999

Proposal publication date: November 27, 1998

For further information, please call: (512) 424-6750


25 TAC §621.32

The repeal is adopted under the Human Resources Code, Chapter 73, which provides the Interagency Council on Early Childhood Intervention with the authority to promulgate rules consistent with the Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 12, 1999.

TRD-9900929

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Effective date: March 4, 1999

Proposal publication date: November 27, 1998

For further information, please call: (512) 424-6750


Part XI. Texas Cancer Council

Chapter 701. Policies and Procedures

25 TAC §701.1, §701.9

The Texas Cancer Council adopts the repeal of §§701.1, concerning the Council, and 701.9, concerning Employee Training, without changes to the proposed text as published in the December 25th, 1998, issue of the Texas Register (23 TexReg 13008).

The repeals were proposed because the Council found that the reasons for the two rules no longer existed.

No comments were received.

The repeals are adopted under the Texas Health and Safety Code Annotated §§102.002 and 102.009 which provide the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan , and the Texas Government Code Annotated, §2001.004 (Vernon 1998 Pamphlet).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 11, 1999.

TRD-9900904

Mickey L. Jacobs, M.S.H.P.

Executive Director

Texas Cancer Council

Effective date: March 3, 1999

Proposal publication date: December 25, 1998

For further information, please call: (512) 463-3190


25 TAC §§701.2, 701.4-701.8

The Texas Cancer Council adopts amendments to §§701.2, 701.4-701.8 concerning the Texas Cancer Plan , committees, the executive director, meetings, actions requiring Council approval, and charges for copies of public records without changes to the proposed text as published in the December 25, 1998, issue of the Texas Register (23 TexReg 13008) and will not be republished.

The amendments were proposed because:

In §701.2 Texas Cancer Plan, the amendment cites the codified version of the Administrative Procedures Act, because the Act no longer appears in the civil statutes previously cited. The language of the Act will be easier to locate by citing the codified version.

In §701.4 Committees, the language was changed to clarify the intent of the Council that the Council has the final decision-making authority over any actions taken by the executive committee. The language of subsection (b)(3) was changed to clarify the role of committee members that are not Council members.

In §701.5 Executive Director, the Executive Director is delegated the authority to transfer funds within the budget in order to facilitate quick decision making in the approval of payment for certain items.

In §701.6 Meetings, the amendment clarifies the committee meetings are subject to the Open Meetings Act. The rule cites the codified version of the Open Meetings Act, because the cited Act no longer appears in the civil statutes previously cited. The language of the Act will be easier to locate by citing the codified version. The amendment deletes unnecessary language from the rule that merely restates the language of the Act. The amendment which deletes subsection (i) releases the Council from the requirement that it follow Roberts' Rules of Order in conducting Council meetings to allow the Council flexibility to address matters as the Council deems appropriate.

In §701.7 Actions Requiring Council Approval, the Council deems it appropriate for the executive director to establish internal administrative personnel procedures and policies to carry out the functions of the Council without requiring Council approval, unless the Council specifically requests it.

In §701.8 Charges for Copies of Public Records, the language was changed to specify the effective date of the rules the Council will follow in assessing charges for copies. This will help to ensure that the Council can identify the rules that they are required to follow.

No comments were received regarding the proposal of the amendments.

The amendments are adopted under the authority of the Texas Health and Safety Code Annotated, §§102.002 and 102.009 which provide the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan , and the Texas Government Code Annotated, §2001.004 (Vernon 1998 Pamphlet).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 11, 1999.

TRD-9900905

Mickey L. Jacobs, M.S.H.P.

Executive Director

Texas Cancer Council

Effective date: March 3, 1999

Proposal publication date: December 25, 1998

For further information, please call: (512) 463-3190


Chapter 702. Relationship Between Council and Private Organizations and Donors

25 TAC §702.1, §702.3

The Texas Cancer Council adopts the amendments to §§702.1 and 702.3 concerning Council Authority to Accept Funds, Purpose for the Rule, and Standards of Conduct of Employees and the Council, without changes to the proposed text as published in the December 25, 1998, issue of the Texas Register (23 TexReg 13008) and will not be republished.

The amendments in this section were proposed because:

In §702.1 Authority and Purpose, the rule is amended to properly cite the statute that required the adoption of the rule. The statute cited was codified and no longer appears in the civil statutes. The language of the statute will be easier to locate by citing the codified version.

In §702.3 Standards of Conduct, the rule is amended to properly cite the statute that required the adoption of the rule. The statute cited was codified and no longer appears in the civil statutes. The language of the statute will be easier to locate by citing the codified version.

No comments were received regarding the proposal of the amendments.

The amendments are adopted under the authority of the Texas Health and Safety Code Annotated, §§102.002 and 102.009 which provide the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan , and the Texas Government Code Annotated, §§2001.004 and 2255.001 (Vernon 1998 Pamphlet).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 11, 1999.

TRD-9900906

Mickey L. Jacobs, M.S.H.P.

Executive Director

Texas Cancer Council

Effective date: March 3, 1999

Proposal publication date: December 14, 1998

For further information, please call: (512) 463-3190


Chapter 703. Project Contracts and Grants

25 TAC §§703.4, 703.7, 703.9, 703.10, 703.13

The Texas Cancer Council adopts the amendments to §§703.4, 703.7, 703.9, 703.10, and 703.13 concerning application requirements, project approval, audits, funding restrictions, and termination of grant contracts without changes to the proposed text as published in the December 25, 1998, issue of the Texas Register (23 TexReg 13008) and will not be republished.

The amendments were proposed because:

In §703.4 Application Requirements, the language is changed to properly identify the file of an applicant and more accurately characterize the duties of an entity that receives a grant from the Council.

In §703.7 Project Approval, the language of this rule is changed to conform with the changes made by the Governor's Office of Budget and Planning to the grant management standards it amended in January 1988. The language also was amended to properly cite the acts referenced in the rule. The acts cited in subsection (i) were codified and no longer appear in the civil statutes. The language of the acts will be easier to locate by citing the codified versions.

In §703.9 Audits, the word "relative" is changed to "reasonable" to clarify the types of audit costs that the Council will reimburse to a grantee.

In §703.10 Funding Restrictions, language is being added to clarify the applicability of the restrictions that the Council previously adopted.

In §703.13 Termination of Contract, certain steps for the reconsideration of application denials are deleted to streamline the process of handling reconsideration requests. The rules, as amended, will provide applicants with a generous system for review without imposing on the parties undue costs and delays that termination hearings would require.

No comments were received regarding the proposal of the amendments.

The amendments are adopted under the authority of the Texas Health and Safety Code Annotated, §§102.002 and 102.009 which provide the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan , §102.010(b) which authorizes the Board to adopt rules governing the submission and approval of grant requests and the cancellation of grants, and the Texas Government Code Annotated, §2001.004 (Vernon 1998 Pamphlet).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 11, 1999.

TRD-9900907

Mickey L. Jacobs, M.S.H.P.

Executive Director

Texas Cancer Council

Effective date: March 3, 1999

Proposal publication date: December 25, 1998

For further information, please call: (512) 463-3190