Part 4.
TEXAS COMMISSION FOR THE BLIND
Chapter 159.
ADMINISTRATIVE RULES AND PROCEDURES
Subchapter A. GENERAL RULES
40 TAC §159.4
The Texas Commission for the Blind adopts new §159.4
within its administrative rules and procedures without changes to the proposed
text published in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1582). The rule as adopted contains the
agency's policies for reimbursing board members and Consumer Advisory Committee
members for the cost of special aids or attendants when needed by the members
to fulfill their official duties. These policies have heretofore been board
administrative policies and are now being adopted as rules in the Texas Administrative
Code as required by statute.
The Commission received no comments about the proposal.
The rule is adopted under the Human Resources Code, Title 5,
Chapter 91, §91.011(e), which states that a commission member or consumer
advisory committee member who is disabled and, because of the disability,
requires special aids or a travel attendant in order to attend an official
meeting is entitled to reimbursement for the cost of the special aids or attendant
in accordance with rules set by the commission.
The adoption affects no other statutes.
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 May 15, 2000.
TRD-200003388
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: June 4, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 377-0611
The Texas Commission for the Blind adopts the amendment of §159.41
pertaining to public information copy formats and the repeals of §159.42
pertaining to charges for providing copies of public information, §159.43
pertaining to estimate, deposit, and waiver of public information charges,
and §159.45 pertaining to access to public information when copies are
not requested without changes to the proposed text published in the February
25, 2000, issue of the
Texas Register
(25
TexReg 1583). The Commission simultaneously adopts new §159.42 pertaining
to charges for providing copies of public information and new §159.45
pertaining to access to public information for inspection and copying without
changes to the proposed text published in the February 25, 2000, issue of
the
Texas Register
(25 TexReg 1584). The agency
has adopted these actions to update its rules in accordance with Government
Code, Chapter 552.
40 TAC §159.41
The amendment is adopted under 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 Government Code, Chapter 552, §552.230,
which authorizes governmental bodies to promulgate reasonable rules of procedure
under which public information may be inspected and copied efficiently, safely,
and without delay.
The adoption of the amendment affects no other statutes.
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 May 15, 2000.
TRD-200003396
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: June 4, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 377-0611
40 TAC §§159.42, 159.43, 159.45
The repeals are adopted under 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 Government Code, §552.262, which states
that the rules adopted by the General Services Commission shall be used by
each governmental body in determining charges for public information.
No other statutes are affected by the adoption.
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 May 15, 2000.
TRD-200003385
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: June 4, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 377-0611
40 TAC §159.42, §159.45
The rules are adopted under 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 Government Code, §552.262, which states that the
rules adopted by the General Services Commission shall be used by each governmental
body in determining charges for public information.
No other statutes are affected by the adoption.
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 May 15, 2000.
TRD-200003397
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: June 4, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 377-0611
Subchapter A. GENERAL INFORMATION
40 TAC §169.5
The Texas Commission for the Blind adopts the amendment to §169.5
concerning the use of comparable services and benefits in the Blind and Visually
Impaired Children's Program without changes to the proposed text published
in the February 25, 2000, issue of the
Texas Register
(25 TexReg 1584).
The amendment is adopted to establish by rule the income level at which
the Medicaid eligibility of a child applying for services is verified by the
Commission, which is required by changes to Human Resources Code, Chapter
91, by House Bill 1400 (HB1400) during the 76th Legislature, 1999. The Sunset
staff, in their staff report prior to the session indicated that a consistent
level by rule may increase program funds.
The rule is adopted under the authority of Human Resources Code,
Title 5, Chapter 91, §91.028, which requires the Commission to establish,
by rule, the income level at which the Medicaid eligibility of a client applying
for services will be verified.
The adopted rule affects no other statutes.
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 May 15, 2000.
TRD-200003387
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: June 4, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 377-0611
40 TAC §169.6
The Texas Commission for the Blind adopts new §169.6
concerning the confidentiality of personal information maintained by the agency
without changes to the proposed text published in the February 25, 2000, issue
of the
Texas Register
(25 TexReg 1585). The
rule is adopted to establish the policies under which personal information
acquired directly or indirectly by the agency in the administration of the
Blind and Visually Impaired Children's Program may be used.
The rule is adopted under the authority of Human Resources Code,
Title 5, Chapter 91, §91.028, which authorizes the Commission to adopt
rules governing the use of records or other information concerning an applicant
for or recipient of children's program services
The proposal affects no other statutes.
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 May 15, 2000.
TRD-200003386
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: June 4, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 377-0611
Chapter 181.
GENERAL RULES OF PRACTICE AND PROCEDURE
Subchapter A. GENERAL PROVISIONS
40 TAC §181.46
The Texas Commission for the Deaf and Hard of Hearing adopts
new §181.46 without changes to the text as published in the March 17,
2000, issue of the
Texas Register
(25 TexReg
2322). This rule establishes the procedure for filing a complaint with the
Commission.
No comments were received.
This rule is adopted under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this section.
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 May 22, 2000.
TRD-200003522
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: June 11, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 407-3250
Subchapter A. DEFINITIONS AND BOARD OPERATIONS
40 TAC §183.17
The Texas Commission for the Deaf and Hard of Hearing (TCDHH)
adopts an amendment to §183.17, without changes to the text published
in the March 24, 2000, issue of the
Texas Register
. This rule will allow flexibility with regard to the qualifications
of individuals who are deaf to serve as BEI Advisory Committee members.
No comments were received on the proposed changes.
This amendment is adopted under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this adoption.
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 May 16, 2000.
TRD-200003410
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: June 5, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 407-3250
Chapter 841.
WORKFORCE INVESTMENT ACT
Subchapter C. TRAINING PROVIDER CERTIFICATION
Subchapter C. ACCESS TO PUBLIC INFORMATION
Chapter 169.
BLIND AND VISUALLY IMPAIRED CHILDREN'S PROGRAM
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Part 20.
TEXAS WORKFORCE COMMISSION