TITLE social-services-and-assistance

Part IX. Texas Department of Aging

Chapter 254. Operation of the Texas Department of Aging

The Texas Department on Aging adopts the repeal of existing §254.13 and simultaneously adopts new §254.13, concerning Compliance with Contractor Responsibilities, Rewards and Sanctions, without changes to the proposed text as published in the December 18, 1998, issue of the Texas Register (23 TexReg 12902) The text of the rules will not be republished.

The adopted new section incorporates new language and will clarify the types and levels of administrative violations and the sanctions that may be imposed by the Department on area agencies on aging for non-compliance with contract terms. The new section will also identify, to the extent available and subject to the availability of funds and other resources, the rewards available to those area agencies that demonstrate exceptional performance in meeting their contractual obligations.

The purpose of the repeal and adoption of the new section was to substantially revise the existing rule. The new section outlines the contractor's responsibilities for compliance with contractual requirements and establishes preventative maintenance measures by the Department to ensure program outcome and provide fiscal accountability. The new rule also includes new definitions that will clarify the terms specific to this chapter.

No comments were received regarding the repeal or the adoption of the new section.

40 TAC §254.13

The repeal is proposed under the Human Resources Code, §101.021, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department.

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 18, 1999.

TRD-9901015

Mary Sapp

Executive Director

Texas Department on Aging

Effective date: March 10, 1999

Proposal publication date: December 18, 1998

For further information, please call: (512) 424-6872

The new section is proposed under the Human Resources Code, §101.021, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department.