Part 5. GENERAL SERVICES COMMISSION

Chapter 113. CENTRAL PURCHASING DIVISION

Subchapter A. PURCHASING

1 TAC §113.15

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the General Services Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The General Services Commission proposes the repeal of Title 1, T.A.C. §113.15 concerning Identifying Recycled, Remanufactured or Environmentally Sensitive Commodities or Services for Procurement by State Agencies. The repeal is proposed in order to reorganize the rules under a new subchapter.

Paul Schlimper, Director of Central Procurement, has determined for the first-five year period the repeal is in effect, there will be no adverse effect to state or local government as a result of enforcing these rules.

Paul Schlimper, Director of Central Procurement, further determines that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing these rules will be more efficient and well-organized rules. There will be no effect on small or large businesses and/or persons.

Comments on the proposals may be submitted to Ann Dillon, General Counsel, General Services Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments must be received no later than thirty days from the date of publication of the proposal to the Texas Register.

The repeal is proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003 and 2155.448 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

The following codes are affected by these rules: Texas Government Code, Title 10, Subtitle D, §2152.003 and Texas Government Code, Chapter 2155.

§113.15.Identifying Recycled, Remanufactured or Environmentally Sensitive Commodities or Services for Procurements by State Agencies

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 July 18, 2000.

TRD-200004943

Ann Dillon

General Counsel

General Services Commission

Earliest possible date of adoption: September 3, 2000

For further information, please call: (512) 463-3960

1 TAC §113.136, §113.137

The General Services Commission proposes new Title 1, T.A.C., Subchapter H, §§113.136 and 113.137 concerning the Recycling Market Development Program pursuant to the Health and Safety Code §361.423. The new rules are being proposed in order to provide definitions and list preferences for state agencies to purchase recycled, remanufactured or environmentally sensitive commodities.

Paul Schlimper, Director of Central Procurement, has determined for the first five year period the rules are in effect, there will be no adverse effect to state or local government as a result of enforcing these rules.

Paul Schlimper, Director of Central Procurement, further determines that for each year of the first five-year period the amendments are in effect, the public benefit anticipated as a result of enforcing these rules will be definitions and a list of recycled, remanufactured, or environmentally sensitive commodities or services that state agencies shall give preferences to in procurement. There will be no effect on small or large businesses and/or persons.

Comments on the proposals may be submitted to Ann Dillon, General Counsel, General Services Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments must be received no later than thirty days from the date of publication of the proposal to the Texas Register .

The new rules are proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003 and 2155.448 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

The following codes are affected by these rules: Texas Government Code, Title 10, Subtitle D, Chapter 2155 and Texas Health and Safety Code, Chapter 361, Subchapter N.

§113.136.Definitions.

The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

First choice- Designated recycled, remanufactured, and environmentally sensitive commodities or services that state agencies shall give a preference for when purchasing in accordance with Texas Government Code, §2155.448(b).

(2)

Recycling Market Development Board -- The Board authorized by the Health and Safety Code, §361.423 which provides support and coordinates the recycling activities of member agencies. The Recycling Market Development Board pursues an economic development strategy that focuses on the state's waste management priorities established by the Health and Safety Code, §361.022, including the development of recycling industries and markets as an integrated component.

§113.137.Identifying Recycled, Remanufactured or Environmentally Sensitive Commodities or Services for Procurements by State Agencies.

(a)

Each state fiscal year, the commission, in coordination with the Recycling Market Development Board (RMDB), may designate as "first choice" certain recycled, remanufactured or environmentally sensitive commodities or services, as those terms are defined in §113.136 of this title (relating to Definitions).

(b)

Effective September 1, 2000 state agencies shall prefer the following commodities or services which have been designated as "first choice" products:

(1)

Re-refined oils and lubricants.

(2)

Recycled-content toilet paper, toilet seat covers and paper towels; and

(3)

Recycled-content printing, computer and copier paper, and business envelopes.

(c)

A state agency shall purchase commodities and services in accordance with Texas Government Code, §2155.448 (b).

(d)

The commission, in coordination with RMDB, may at least annually consider the recommendations of the RMDB when updating the list of identified commodities or services and purchasing goals for procurements by state agencies.

(e)

A state agency shall report annually to the commission in accordance with Texas Government Code §2155.448 (c).

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 July 18, 2000.

TRD-200004942

Ann Dillon

General Counsel

General Services Commission

Earliest possible date of adoption: September 3, 2000

For further information, please call: (512) 463-3960

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter E. COMMUNITY CARE FOR AGED AND DISABLED

1 TAC §355.503

The Texas Health and Human Services Commission (HSSC) proposes an amendment to §355.503, concerning reimbursement methodology for the Community-based Alternatives Waiver Program--a 1915(c) Medicaid Home and Community-based waiver for aged and disabled adults who meet criteria for alternatives to nursing facility care, in its Medicaid Reimbursement Rates chapter. The purpose of the proposal is to provide a waiver of the requirement that all contracted Community-based Alternatives (CBA) providers must submit a cost report. The proposal would allow CBA Assisted Living/Residential Care (AL/RC) providers to receive a waiver of the cost reporting requirement if they had DHS AL/RC or Residential Care client days of service of 365 days or fewer during their fiscal year.

Don Green, Chief Financial Officer, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state government as a result of enforcing or administering the section.

Commissioner Don Gilbert 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 providers who serve fewer than one client, on average, during their fiscal year will not be required to complete a cost report. There will be no adverse economic effect on small or micro businesses; because no changes in practice are required of any business, except to reduce reporting requirements of AL/RC providers who serve fewer than one client, on average, during their fiscal year.

Questions about the content of this proposal may be directed to Carolyn Pratt (512) 438-4057 in DHS's Rate Analysis Department. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-252, 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 amendment is proposed under the Government Code, §531.033, which authorizes the commissioner of the Health and Human Services Commission to adopt rules necessary to carry out the commission's duties, and §531.021(b), which establishes the commission as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under Chapter 32, Human Resources Code.

The amendment implements the Government Code, §531.033 and §531.021(b).

§355.503.Reimbursement Methodology for the Community-based Alternatives Waiver Program--a 1915(c) Medicaid Home and Community-based Waiver for Aged and Disabled Adults Who Meet Criteria for Alternatives to Nursing Facility Care.

(a)-(e)

(No change.)

(f)

Reporting of cost.

(1)

(No change.)

(2)

Excused from submission of cost reports. If required by DHS, all contracted providers must submit a cost report unless the number of days between the date the first DHS client received services and the provider's fiscal year end is 30 days or fewer. The provider may be excused from submitting a cost report if circumstances beyond the control of the provider make cost-report completion impossible, such as the loss of records due to natural disasters or removal of records from the provider's custody by any regulatory agency. An AL/RC provider may also be excused from submitting a cost report if the total number of days serving DHS AL/RC or Residential Care residents are 365 or fewer during their fiscal year. Requests to be excused from submitting a cost report must be received by DHS's Rate Analysis Department before the due date of the cost report.

(3)-(4)

(No change.)

(g)-(h)

(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 July 19, 2000.

TRD-200004956

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Earliest possible date of adoption: September 3, 2000

For further information, please call: (512) 438-3108