Part I.
Texas Department of Human Services
Chapter 48.
Community for Aged and Disabled
Subchapter J. §1915(c) Medicaid Home and Communicty-Based Waiver Services for Aged and Disabled Adults Who Meet Criteria for Alternatives to Nursing Facility Care
40 TAC §48.6003
The Texas Department of Human Services (DHS) proposes to
amend §48.6003, concerning Client Eligibility Criteria, in its Community
Care for Aged and Disabled chapter. The purpose of the amendment is to implement
existing Community Based Alternatives (CBA) policy which provides exceptions
to eligible individuals from the first-come, first- serve enrollment policy.
This policy is applied to individuals who meet the exception criteria whether
CBA enrollment is open or suspended pending receipt of additional funding.
These exception criteria provide continuity of services for children aging
out of other comparable programs and adults who are either at risk of losing
their services in assisted living facilities or wish to leave nursing facilities.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed section will be in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
section.
Mr. Bost also has also determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be that eligible individuals in one of four
categories specified in the rules will be able to access CBA services without
being placed on the interest list. The section will not have any adverse effect
on small businesses. This section will actually allow more individuals to
be served by small businesses since the change will allow individuals that
meet the exception criteria to be enrolled if they meet all eligibility criteria.
Large businesses will also be able to serve these individuals. CBA client
enrollment is limited by the availability of state funding. When enrollment
is suspended, this amendment will allow individuals that meet the exception
criteria to be enrolled if they meet all eligibility criteria, instead of
being placed on an interest list.
Questions about the content of this proposal may be directed to Gerardo
Cantú at (512)438-3693 in DHS's Community Care section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-160,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules. The department has determined that the proposed
rule will not affect any private real property interests. Accordingly, no
takings impact assessment regarding this rule is required under §2007.043
of the Texas Government Code and §2.19 of the Private Real Property Rights
Preservation Act Guidelines adopted by the Attorney General and published
on January 12, 1996, in the
Texas Register
(21 TexReg 387).
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority to
administer public and medical assistance programs and under Texas Government
Code §531.021, which provides the Health and Human Services Commission
with the authority to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§48.6003. Client Eligibility Criteria.
(a)
(No change.)
(b)
Enrollment in
the Community Based Alternatives (CBA)
[
(1)
Eligible individuals are to
be enrolled from the CBA interest list on a "first come, first serve" basis,
except for individuals who meet the following criteria:
(A)
children age 21 who are no longer eligible
for the Medically Dependent Children's Program (MDCP);
(B)
children age 21 who have been receiving nursing
services through the Texas Health Steps Program and are no longer eligible;
(C)
individuals who have been residents of nursing
facilities for the past six months; or
(D)
individuals who have been private pay residents
of assisted living/residential care facilities contracted with DHS to provide
CBA services and have spent-down their resources.
(2)
DHS will suspend
enrollment into the CBA program when the census reaches funded capacity except
for those individuals who meet the criteria specified in paragraph (1)(A)-(D)
of this subsection.
(c)-(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902900
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 438-3765
Chapter 159.
Administrative Rules and Procedures
The Texas Commission for the Blind proposes the repeal of all rules
in Chapter 159 pertaining to Administrative Rules and Procedures §§159.1-159.16,
159.22, 159.24, and 159.31-159.35 and simultaneously proposes new §§159.1-159.3;
159.20-159.23; and 159.40-159.45. These proposed actions are the latest in
a systematic recodification process the agency began several years ago. The
new rules are the result of removing obsolete rules, duplicate rules, and
language that does not conform to the state's definition of rule. The chapter
has been divided into new subchapters and rules have been reordered in a consistent
manner for clarity.
New Subchapter A contains general administrative rules. Proposed §159.1
contains the methods used by the agency to notify people of the name, mailing
address, and telephone number of the Commission for the purpose of directing
complaints. Proposed §159.2 contains the rules with which Texas corporations
must abide when contracting with the agency. Proposed §159.3 contains
the agency's rules for reimbursing the expenses of witnesses who are called
by the Commission.
New Subchapter B contains rules pertaining to procedures of the Commission's
board. Section 159.20 speaks to the frequency of board meetings. Section 159.21
contains the rules whereby a person may petition for adoption of rules. Section
159.22 contains the procedures for hearing public comments and requesting
to appear before the board. Section 159.23 contains the procedures for public
hearings.
New Subchapter C contains rules about access to public information maintained
by the Commission. Section 159.40 contains the method for requesting public
information. Section 159.41 contains information about available copy formats.
Section 159.42 contains the agency's charges for providing copies. Section
159.43 contains procedures pertaining to estimates, deposits, and waivers
of charges. Section 159.44 contains procedures for processing public complaints
of overcharges. Section 159.45 contains rules on gaining access to public
information when copies are not requested.
Ernest Pereyra, Deputy Director of Administration and Finance, has determined
that for the first five years the rules are in effect there will be no fiscal
implications for local government as a result of the repeals. The fiscal implications
to the state as a result of the rules on charging for public information will
be positive, but minimal in light of the small number of requests for public
information the agency receives annually that result in charges.
Mr. Pereyra also has determined that for each year of the first five years
the rules as proposed are in effect the public benefits anticipated as a result
of the rules will be the availability of understandable guidelines for the
public in Commission administrative matters.
There will be no effect on small businesses. There is no anticipated economic
cost to individuals as a result of the repeal and new rules other than the
cost of obtaining copies of public information, which would be minimal in
most cases and depends on the amount of information requested.
Questions about the content of this proposal may be directed to Jean Crecelius
at (512) 459-2611 and written comments on the proposal may be submitted to
Policy and Rules Coordinator, P.O. Box 12866, Austin, Texas 78711, within
30 days from the date of this publication.
Subchapter A. Procedures of the Commission
40 TAC §§159.1-159.16
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission for the Blind or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code, Title
5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs.
The repeal of §159.12 affects Business Corporation Act, Article 2.45.
The remaining repeals affect no other statutes.
§159.1.Membership.
§159.2.Appointment.
§159.3.Terms of Office.
§159.4.Vacancies.
§159.5.Appointment of Chairman.
§159.6.Meetings.
§159.7.Quorum.
§159.8.Appointment of the Executive Director.
§159.9.Function and Responsibility.
§159.10.Report to the Legislature.
§159.11.Petition for Adoption of Rules.
§159.12.Public Access to Documents and Records.
§159.13.Opportunity to Appear Before the Board.
§159.14.Public Hearings.
§159.15.Complaints.
§159.16.Contracts, Permits, and Licenses.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902872
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §§159.1-159.3
The new rules are proposed under the Human Resources Code,
Title 5, Chapter 91, §91.011, which authorizes the Commission to adopt
rules prescribing the policies and procedures followed by the Commission in
the administration of its programs and §91.018, which requires the Commission
to promulgate rules establishing methods by which consumers or service recipients
can be notified of the name, mailing address, and telephone number of the
commission for the purpose of directing complaints to the commission.
Proposed §159.2 affects Business Corporation Act, Article 245. Section
159.3 affects Government Code §2001.103. The remaining section affects
no other statutes.
§159.1.Complaints.
(a)
For the purpose of notifying applicants and service recipients
of the method by which they can direct complaints to the agency, the Commission
shall include its name, mailing address, and toll-free telephone number on
all service applications and associated publications.
(b)
The Commission shall place a sign in all business enterprises
operated by a person licensed by the Commission. The sign shall contain the
name, mailing address, and toll-free telephone number for the purpose of directing
complaints to the agency.
§159.2.Contracts, Permits, and Licenses.
(a)
A Texas corporation contracting with the agency or applying
for a license or permit issued by the agency must certify in writing that
its corporate franchise taxes are current.
(b)
A Texas corporation that is exempt from the payment of
franchise taxes or an out-of-state corporation that is not subject to the
Texas franchise tax must certify in writing to that effect when contracting
with the agency or applying for a license or permit issued by the agency.
(c)
A corporation making a false statement as to corporate
franchise tax status with regard to a state contract with the Commission is
subject to having the state contract cancelled at the option of the Commission
by treating the statement as a material breach of the contract.
(d)
A corporation making a false statement as to corporate
franchise tax status on any license or permit application may have its license
or permit suspended or cancelled.
§159.3.Reimbursement of Expenses of Witnesses.
(a)
A witness or deponent in a contested case who is not a
party and who is subpoenaed or otherwise compelled to attend a hearing or
proceeding by the Commission to give a deposition or to produce books, records,
papers, or other objects that may be necessary and proper for the purposes
of a proceeding is entitled to receive:
(1)
An amount per mile for going to and returning from the
place of the hearing or deposition equal to the rate provided by law for state
employees if the place of hearing or deposition is greater than 25 miles from
the witness's or deponent's residence and the person uses the person's personally
owned or leased motor vehicle for the travel.
(2)
Transportation expenses at rates no greater than the
rates provided by law for state employees if the place where the hearing is
held or the deposition is taken is more than 25 miles from the person's place
of residence and the person does not use the person's personally owned or
leased motor vehicle for the travel.
(3)
Reimbursement of meal and lodging expenses while going
to and returning from the place where the hearing is held or deposition is
taken if the place is more than 25 miles from the person's place of residence.
(4)
In addition to the amount for travel in subsection
(a) of this section, the person shall be paid $10 for each day or part of
a day that the person is necessarily present.
(b)
Any witness or deponent who is blind or otherwise disabled
and who lives within 25 miles from the place of hearing or deposition is entitled
to reimbursement for cab fare to and/or from the hearing or deposition.
(c)
Witnesses and deponents seeking payment under the provisions
of this section shall be required to certify to the accuracy of mileage traveled
and all amounts claimed to receive payment. This agency certifies that the
proposal has been reviewed by legal counsel and found to be within the agency's
authority to adopt. Issued in Austin, Texas, on May 18, 1999. Terrell I.
Murphy, Executive Director Texas Commission for the Blind
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902875
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §§159.20-159.23
The new rules are proposed under the Human Resources Code,
Title 5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs and requires the Commission to develop and implement policies
that provide the public with a reasonable opportunity to appear before it.
Section 159.21 affects Government Code §2001.021. Section 159.23 affects
Government Code, §2001.029. The remaining sections affect no other statutes.
§159.20.Meetings of the Board.
Meetings of the Commission's Board are called by the chairman as frequently
as circumstances might require, but not less than once each calendar quarter,
unless otherwise agreed to by an affirmative vote of two-thirds of the Board.
§159.21.Petition for Adoption of Rules.
(a)
Any interested person or organization may petition the
Commission requesting the adoption or amendment of a rule.
(b)
For the purpose of interpreting this section, the term
"rule" shall have the same meaning as contained in Government Code, Chapter
2001, Section 2001.003.
(c)
Petitions for adoption of rules must be submitted in writing
and directed to the Commission's executive director.
(d)
The petitioner may either hand deliver the petition to
the Commission's central office at 4800 North Lamar Boulevard, Austin, Texas,
78756, or mail the petition to P.O. Box 12866, Austin, Texas 78711.
(e)
For purposes of calculating days under this section, the
date of submission of a petition under this section shall be the date the
petition is hand delivered to the Commission, or if the petition was sent
by mail or carrier, the date it is date-stamped according to regular agency
incoming mail procedures.
(f)
No format is prescribed for the petition other than as
provided in this section, but the petition should:
(1)
specify or otherwise make clear that the petition is made
pursuant to the provisions of the Administrative Procedure Act;
(2)
clearly state the body or substance of the rule requested
for adoption, and, if appropriate, relate the requested rule to an adopted
rule or rules of the Commission;
(3)
contain the full name and address of the petitioner;
and
(4)
be signed by the petitioner.
(g)
The Executive Director, (or a person designated by the
Executive Director to act in the matter), shall:
(1)
acknowledge receipt of the petition in writing and include
in the letter the date the petition was received; and
(2)
communicate with the petitioner, if necessary, to
clarify the requested rule or to clarify other relevant information contained
in the petition.
(h)
Not later than the 60th day after the date of submission
of a petition under this section, the Executive Director shall either:
(1)
deny the petition in writing, stating the reasons for the
denial; or
(2)
initiate rulemaking procedures and inform the petitioner
of the date rule action by the Commission's board is scheduled pursuant to
Government Code, Title 10, Chapter 2001.
(i)
The Executive Director shall provide copies of all petitions,
whether denied or approved, to the Board prior to scheduled Board meetings
for review.
§159.22.Opportunity to Appear Before the Commission's Board.
(a)
Time shall be set aside in regular meetings of the board
for the public to speak on any issue under the board's jurisdiction. The time
allocated shall be divided equally among those registering to speak, up to
a maximum of five minutes for each person.
(b)
If time constraints preclude the opportunity of hearing
public comments in a meeting, the public is invited and encouraged to send
their comments to the Board in writing to P. O. Box 12866, Austin, Texas 78711.
§159.23.Public Hearings.
(a)
If the Commission receives a request for public hearing
under the provisions of Government Code, Sec. 2001.029, a portion of the meeting
during which the board is scheduled to consider the adoption of the substantive
rules shall be considered a public hearing for the discussion of the rules
and any member of the public may speak or submit written comments.
(b)
The time allocated for such hearing will be divided equally
to allow each person the opportunity to be heard. The board's parliamentarian
shall enforce the time limits.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902876
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §159.22, §159.24
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission for the Blind or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code, Title
5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs.
The repeal of §159.22 affects Government Code §2001.103. No other
statutes are affected by the repeal of §159.24.
§159.22.Reimbursement of Expenses of Witnesses.
§159.24.Public Access to Internal Procedural Documents.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902873
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §§159.31-159.35
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission for the Blind or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Human Resources Code, Title
5, §94.012, which authorizes the Commission to promulgate rules in the
administration of the Business Enterprises Program.
The repeals affect no other statutes.
§159.31.Basis for Requesting Hearing.
§159.32.Request for Hearing.
§159.33.Content of the Request for a Hearing.
§159.34.Timeliness of the Request for a Hearing.
§159.35.Public Access to Internal Procedural Document.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902874
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §§159.40-159.45
The new rules are proposed under the Human Resources Code,
Title 5, §91.011, which authorizes the Commission to adopt rules prescribing
the policies and procedures followed by the Commission in the administration
of its programs.
The rules affect Government Code, §552.262.
§159.40.Requests for Public Information.
(a)
Requests for access to or copies of public information
maintained by the Texas Commission for the Blind must be in writing.
(b)
Requests may be addressed to the Executive Director, P.O.
Box 12866, Austin, Texas 78711, or any Commission office.
§159.41.Public Information Copy Formats.
(a)
If a requesting party asks that information be provided
on a diskette or other computer-compatible media, and the requested information
is electronically stored, the Commission shall provide the information on
computer-compatible media.
(b)
The extent to which a requestor can be accommodated will
depend largely on the technological capability of the Commission. The Commission
shall not purchase any hardware, software or programming capabilities that
it does not already possess to accommodate a particular request.
(c)
To accommodate requests for public information from persons
who are blind:
(1)
Copies of information may be provided in braille if the
information is already available in braille format, or available on a diskette
formatted for braille reproduction;
(2)
Copies of information will be provided on voice cassette
when the information already exists in that medium.
(3)
Provision of a copy of public information in the requested
medium shall not violate the terms of any copyright agreement between the
Commission and a third party.
§159.42.Charges for Providing Copies of Public Information.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings unless the context clearly
indicates otherwise.
(1)
Actual cost--The sum of all direct costs plus a proportional
share of overhead or indirect costs.
(2)
Client/Server System--A combination of two or more
computers that serve a particular application through sharing processing,
data storage, and end-user interface presentation. PC's located in a LAN environment
containing file servers fall into this category as do applications running
in an X-window environment where the server is a UNIX based system.
(3)
Commission--Texas Commission for the Blind
(4)
Mainframe Computer--A computer located in a controlled
environment and serving large applications and/or large numbers of users.
These machines usually serve an entire organization or some group of organizations.
These machines usually require an operating staff. IBM and UNISYS mainframes,
and large Digital VAX 9000 and VAX Clusters fall into this category.
(5)
Midsize Computer--A computer smaller than a Mainframe
Computer that is not necessarily located in a controlled environment. It usually
serves a smaller organization or a subunit of an organization. IBM AS/400
and Digital VAX/VMS multi-user single-processor systems fall into this category.
(6)
Nonstandard copy--A copy of public information that
is made available to a requestor in any format other than a standard paper
copy. Microfiche, microfilm, diskettes, magnetic tapes, and CD-ROM, are examples
of nonstandard copies. Paper copies larger than 8-1/2 x 14 inches (legal size)
are also considered nonstandard copies.
(7)
Standalone PC--An IBM compatible PC, Macintosh, or
Power PC-based computer system operated without a connection to a network.
(8)
Standard paper copy--A printed impression on one side
of a piece of paper that measures up to and including 8-1/2 by 14 inches.
Each side of a piece of paper on which an impression is made is counted as
a single copy. A piece of paper that is printed on both sides is counted as
two copies.
(b)
The charges in this section are to cover the cost of materials
onto which information is copied and do not reflect any additional charges
that may be associated with a particular request.
(c)
Copy charge.
(1)
Standard paper copy. The charge for standard paper copies
reproduced by means of an office machine copier or a computer printer is $.10
per page or part of a page. Each side that has a printed image is considered
a page.
(2)
Nonstandard copy. The charges for nonstandard copies
are:
(A)
diskette--$1.00 each;
(B)
magnetic tape--4 mm., $13.50 each; 8 mm., $12.00 each;
9-track, $11.00;
(C)
data cartridge--2000 Series, $17.50; 3000 Series, $20.00
each; 6000 Series, $25.00 each; 9000 Series, $35.00 each; 600A, $20.00 each.
(D)
tape cartridge--250 MB, $38.00 each; 525 MB, $45.00 each;
(E)
VHS video cassette--$2.50 each;
(F)
audio cassette--$1.00 each;
(G)
oversize paper copy (e.g.: 11" x 17", greenbar, bluebar)--$.50
each;
(H)
Mylar--3mil., $.85/linear foot; 4 mil., $1.10/linear foot;
5 mil., $1.35/linear foot;
(I)
Blueprint/Blueline paper--$.20/linear ft. (all widths);
(J)
Other--actual cost
(d)
Programming Personnel. If a particular request requires
the services of a programmer in order to execute an existing program or to
create a new program so that requested information may be accessed and copied,
the Commission shall charge for the programmer's time.
(1)
The hourly charge for a programmer is $26 an hour, including
fringe benefits. Only programming services shall be charged at this hourly
rate.
(2)
Any personnel time spent in performing services other
than programming shall be charged at the rate specified for personnel as described
in subsection (e) of this section
(e)
Other personnel charge.
(1)
The charge for other personnel costs incurred in processing
a request for public information is $15.00 an hour, including fringe benefits.
When applicable, the charge may include the actual time to locate, compile,
and reproduce the requested information.
(2)
An other personnel cost charge shall not be billed
in connection with complying with requests that are for 50 or fewer pages
of paper records, unless the documents to be copied are located in:
(A)
more than one building; or
(B)
a remote storage facility.
(3)
Other personnel time shall not be recovered for
any time spent by an attorney, legal assistant, or any other person who reviews
the requested information:
(A)
to determine whether the governmental body will raise any
exceptions to disclosure of the requested information under Subchapter C of
the Public Information Act; or
(B)
to research or prepare a request for a ruling by the attorney
general's office pursuant to Section 552.301 of the Public Information Act.
(4)
When confidential information is mixed with public
information on the same page, personnel time shall be recovered for time spent
to obliterate, black out, or otherwise obscure confidential information in
order to release the public information.
(f)
Overhead charge.
(1)
Whenever any personnel charge is applicable to a request,
the Commission shall include in the charges direct and indirect costs, in
addition to the specific personnel charge. This overhead charge will cover
such costs as depreciation of capital assets, rent, maintenance and repair,
utilities, and administrative overhead.
(2)
An overhead charge shall not be made for requests
for copies of 50 pages or fewer of standard paper records.
(3)
The overhead charge shall be computed at 20% of the
charge made to cover any personnel costs associated with a particular request.
(g)
Microfiche and microfilm charge.
(1)
If the Commission has information that exists on microfiche
or microfilm and has copies available for sale or distribution, the charge
for the copy shall not exceed the cost of its reproduction. If no copies of
the requested microfiche or microfilm are available and the information on
the microfiche or microfilm can be released in its entirety, the Commission
shall make a copy of the microfiche or microfilm. The charge for a copy shall
not exceed the cost of its reproduction.
(2)
If only a master copy of information in microform
is maintained, the charge is $.10 per page for standard size paper copies,
plus any applicable personnel and overhead charge for more than 50 copies.
(h)
Remote document retrieval charge.
(1)
To the extent that the retrieval of documents in storage
results in a charge to the Commission to comply with a request, the cost to
the public shall be the same charge.
(2)
If the Commission has a contract with a commercial
records storage company, whereby the private company charges a fee to locate,
retrieve, deliver, and return to storage the needed record(s), no additional
personnel charge shall be factored in for time spent locating documents at
the storage location by the private company's personnel. If after delivery
to the Commission, the boxes must still be searched for records that are responsive
to the request, a personnel charge shall be added in accordance with subsection
(f)(1) of this section.
(i)
Computer resource charge.
(1)
The computer resource charge is a utilization charge for
computers based on the amortized cost of acquisition, lease, operation, and
maintenance of computer resources, which might include, but is not limited
to, some or all of the following: central processing units (CPUs), servers,
disk drives, local area networks (LANs), printers, tape drives, other peripheral
devices, communications devices, software, and system utilities.
(2)
These computer resource charges are not intended to
substitute for cost recovery methodologies or charges made for purposes other
than responding to public information requests.
(3)
According to the type of system from which information
is requested, the following computer resource charges shall be billed to the
requestor:
(A)
Mainframe--$10 per minute;
(B)
Midsize--$1.50 per minute;
(C)
Client/Server--$2.20 per hour;
(D)
PC or LAN--$1.00 per hour.
(4)
The charge made to recover the computer utilization
cost is the actual time the computer takes to execute a particular program
times the applicable rate. The CPU charge is not meant to apply to programming
or printing time; rather, it is solely to recover costs associated with the
actual time required by the computer to execute a program. This time, called
CPU time, can be read directly from the CPU clock, and most frequently will
be a matter of seconds. If programming is required to comply with a particular
request, the appropriate charge that may be recovered for programming time
is set forth in subsection (d) of this section. No charge shall be made for
computer print-out time.
(j)
Miscellaneous supplies. The actual cost of miscellaneous
supplies, such as labels, boxes, and other supplies used to produce the requested
information, shall be added to the total charge for public information.
(k)
Postal and shipping charges. The Commission shall add any
related postal or shipping expenses which are necessary to transmit the reproduced
information to the requesting party.
(l)
Sales tax. Sales tax shall not be added on charges for
public information.
§159.43.Estimate, Deposit, and Waiver of Public Information Charges.
(a)
Where a particular request will involve considerable time
and resources to process, the Commission shall inform requestors of the anticipated
completion date and potential resulting charges.
(b)
If the Commission cannot produce the public information
for inspection and/or duplication within 10 business days after the date the
information is requested, the Commission shall certify to that fact in writing,
and set a date and hour within a reasonable time when the information will
be available.
(c)
A deposit or a bond may be required in the amount of the
estimated charges if such charges exceed $100.
(d)
The Commission may furnish public records without charge
if it determines that waiver or reduction of fees is in the public interest.
§159.44.Processing Complaints of Overcharges.
(a)
A requestor who believes he or she has been overcharged
for a copy of public information may request a review of the charges by writing
or calling the Commission designee who provided the public information to
the complainant.
(b)
If the review indicates that the person was overcharged,
state procedures for issuing refunds shall be initiated promptly.
(c)
If the requestor is not satisfied with the results from
the Commission's review, the requestor may complain to the General Services
Commission through the rules adopted by the General Services Commission for
this purpose.
§159.45.Access to Public Information When Copies Are Not Requested.
(a)
Access to information in standard paper form.
(1)
The Commission does not charge the requesting party for
making available for inspection public information maintained in standard
paper form that contains no confidential information.
(2)
When information contains confidential information
and public information, the Commission shall charge only for making a copy
of the page from which information must be edited. No other charge shall be
assessed.
(b)
Access to information in other than standard form.
(1)
In response to requests for access, for purposes of inspection
only, to information that is maintained in other than standard form, the Commission
shall not charge the requesting party the cost of preparing and making available
such information, unless complying with the request will require programming
or manipulation of data.
(2)
If programming or manipulation of data is needed to
access the information, the governmental body shall inform the requestor before
assembling the information and shall provide the requestor with an estimate
of charges.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902877
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §167.3
The Texas Commission for the Blind proposes an amendment
to §167.3 of Chapter 167 pertaining to the Business Enterprises Program.
The amendment updates the date on which the federal government approved revisions
to the Business Enterprises Manual in the form of revised procedures for the
promotion and transfer system and revised procedures pertaining to eligibility
for promotion and assignment. The procedures for selecting an assignment screening
committee add a panel member who is not a member of the Elected Committee
of Managers. The method of scoring has been changed from eliminating the lowest
and highest panel member scores to a method of all five panel members having
an equal vote.
Ernest Pereyra, Deputy Director of Administration and Finance, has determined
that for the first five years the rules are in effect there will be no fiscal
implications for state or local government.
Mr. Pereyra has also determined that for each year of the first five years
the rules as proposed are in effect the public benefits anticipated as a result
of the rules will be a fairer system for scoring applicants for promotion
assignments. There will be no effect on small businesses. There is no anticipated
economic cost to individuals as a result of the amendment.
Questions about the content of this proposal or requests for copies of
the Business Enterprises Manual may be directed to Jean Crecelius at (512)
459-2611 and written comments on the proposal may be submitted to Policy and
Rules Coordinator, P.O. Box 12866, Austin, Texas, 78711, within 30 days from
the date of this publication.
The amendment is proposed under Human Resources Code, Title 5,
Chapter 94, §94.012, which authorizes the commission to promulgate rules
and initiate procedures necessary to implement the chapter.
No other statutes are affected by this proposal.
§167.3.Business Enterprises Manual.
The Texas Commission for the Blind adopts by reference the rules contained
in its Business Enterprises Manual, as amended
and federally approved
on February 11, 1999
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 21, 1999.
TRD-9902985
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
40 TAC §§171.1-171.4
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission for the Blind or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission for the Blind proposes the
repeal of Chapter 171, §§171.1-171.4 pertaining to Cooperative Activities.
The repeals are necessary to allow the Commission to rename and rewrite the
chapter. The references to the memoranda have been revised if necessary to
reflect the current TAC location of the lead agency's rules where the full
text of the memorandum is published.
The purpose of each memorandum is to define the individual responsibilities
of signatory agencies when certain populations can benefit from services from
multiple state agencies.
Ernest Pereyra, Deputy Director of Administration and Finance, has determined
that for the first five years the rules as proposed are in effect there will
be no fiscal implications for state and local government as a result of the
proposals.
Mr. Pereyra has also determined that for each year of the first five years
the rules as proposed are in effect the public benefits anticipated as a result
of the rules will be notice to the public of ongoing interagency cooperative
activities for the benefit of the state's citizens with multiple needs. There
will be no effect on small businesses. There is no anticipated economic cost
to individuals as a result of the proposal.
Written comments on the proposal may be submitted to Jean Crecelius, Policy
and Rules Coordinator, P. O. Box 12866, Austin, Texas, 78711. Comments should
be received within 30 days of the publication of this proposal.
The repeals are proposed under Human Resources Code, Title 5,
§91.011, which authorizes the Commission to adopt rules prescribing the
policies and procedures followed by the Commission in the administration of
its programs.
The repeal of §§171.1, 171.2, and 171.3 affect no other statutes.
The repeal of §171.4 affects Human Resources Code §22.011; Family
Code, §264.003; Texas Education Code §29.011; and Health and Safety
Code, §614.015.
§171.1. Coordination with Other Organizations.
§171.2. Alternative Resources (Similar Benefits).
§171.3. Memoranda of Understanding between Agencies.
§171.4. Public Access to Internal Procedural Documents.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 18, 1999.
TRD-9902879
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 459-2611
this waiver
] program is limited to the number of participants
approved by the Health Care Financing Administration (HCFA)
or the availability
of state funding
.
Part IV.
Texas Commission for the Blind
Subchapter A. General Rules
Subchapter B. Commission Board Procedures
Subchapter B. Fair Hearing Procedures for Resolution of Client Dissatisfaction
Subchapter C. Full and Evidentiary Hearings for Business Enterprises Operators
Subchapter C. Access to Public Information
Chapter 167.
Business Enterprises Program
on September 9, 1992
]. This document
is published by and available from the Texas Commission for the Blind, P.O.
Box 12866, Austin, Texas 78711.
Chapter 171.
Cooperative Activities
Chapter 171.
Memoranda of Understanding