Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 15.
MEDICAID ELIGIBILITY
Subchapter E. INCOME
40 TAC §15.450
The Texas Department of Human Services (DHS) adopts an amendment
to §15.450 without changes to the proposed text published in the January
28, 2000, issue of the
Texas Register
(25
TexReg 558).
The amendment is justified to comply with House Bill 143, in which the
76th Texas Legislature approved an increase of the personal needs allowance
(PNA). The Appropriations Bill allowed the PNA to be $45 per month. The increase
is retroactive to September 1, 1999. For SSI clients who receive the $30 federal
benefit rate, the state will supplement their incomes by $15 per month so
they also have $45 for personal use. The amendment will function by allowing
clients additional money for personal needs. The 76th Legislature added Subsection
(v) to Section 32.024 of the Human Resources Code by passing HB143. It also
appropriated sufficient funds to allow for the PNA to be $45.
The department received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department 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.
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 March 10, 2000.
TRD-200001844
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 30, 2000
Proposal publication date: January 28, 2000
For further information, please call: (512) 438-3108
Chapter 323.
COMMISSION
40 TAC §323.6
The Commissioners of the Texas Commission on Human Rights
adopts new §323.6, concerning the identification and reporting of the
statewide civilian workforce. Section 323.6 is adopted without changes to
the proposed text as published in the December 17, 1999, issue of the
This section is necessary to comply with House Bill 1976 passed by the
76th Texas Legislature, which resulted in comprehensive amendments relating
to the continuation and functions of the Commission. This new provision will
provide the legislature, the governor, state agencies, and the general public
statistical data on the make-up of workers in both private and public employment
across the state.
This section requires the Commission to determine employee percentages
in the State of Texas by using race, national origin, gender, and job category
as identified parameters for meeting its objectives. The reports issued by
the Commission will be based on statistical data published biennially by the
U.S. Equal Employment Opportunity Commission (EEOC). Informing the governor,
the legislature, state agencies, and the public of the composition of Texas'
civilian workforce will provide a clearer view of the distribution of workers
and the classes of jobs being held by these workers. This will allow for better
goals and objectives in meeting the needs of all employees and employers in
the State of Texas.
SUMMARY OF COMMENTS AND AGENCY RESPONSE TO COMMENTS
Comment: One commenter suggested that the section be revised to specifically
state what EEOC statistical information TCHR intends to use and when the report
is usually published.
Response: The commission disagrees that referring to a specific report
will allow agencies to better understand and interpret the data. As written,
the rule already provides a breakdown of which classes of individuals and
job categories will be utilized. Furthermore, all employees within the State
of Texas will be accounted for in determining the statistical make-up of the
workforce. With the parameters already established for the information that
is to be sought, the name of the specific report from which the information
will be gleaned is irrelevant. Additionally, the rule clearly states that
the information received from the EEOC is based on statistics issued every
two years by the EEOC. The Commission does not believe that stating when the
report is published by the EEOC is useful as the rule clearly sets forth the
Commission's timelines for issuing its percentages.
NAMES OF THOSE COMMENTING FOR OR AGAINST THE SECTIONS. The Texas Workers'
Compensation Commission: For, with changes.
This section is adopted under the Texas Labor Code, Chapter 21, §21.0035
and §21.003, and the Texas Administrative Code, Chapter 321, §321.4,
and Chapter 323, §323.5. The Texas Labor Code §21.0035, provides
that the commission shall promulgate rules as are necessary and proper to
execute its functions and duties. The Texas Labor Code, §21.003, and
the Texas Administrative Code §321.4 and §323.5, grant the Commission
authority to adopt rules necessary to implement the Texas Commission on Human
Rights Act.
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 March 10, 2000.
TRD-200001851
William M. Hale
Executive Director
Texas Commission on Human Rights
Effective date: March 30, 2000
Proposal publication date: December 17, 1999
For further information, please call: (512) 437-3457
40 TAC §323.7
The Commissioners of the Texas Commission on Human Rights
adopts new §323.7, concerning reviews. Section 323.7 is adopted with
changes to the proposed text as published in the December 17, 1999, issue
of the
Texas Register
(24 TexReg 11246).
The new section is necessary to comply with House Bill 1976 passed by the
76th Texas Legislature which resulted in comprehensive amendments relating
to the continuation and functions of the Commission. This new provision will
provide for a system of staggering the reviews of each agency's personnel
policies and procedures within a six-year cycle of compliance.
After receiving public comments, the Commission has made certain revisions.
Subsection (a) was revised to clarify when the six-year cycle of review will
begin and end. Subsection (c) was revised to clarify when each agency would
receive notice of a review by the Commission, when the Commission's recommendations
would be issued, and how the one year anniversary date would be measured.
These revisions were in response to commanders' concerns that the rule as
written did not adequately clarify various provisions of the Texas Labor Code.
This section requires the commission to conduct a management review of
each state agency's (excluding public junior colleges) personnel policies
and procedures. This review is for the purpose of certifying that agency's
personnel policies and procedures are in compliance with the Texas Commission
on Human Rights Act.
The Commission within a six-year cycle shall conduct a review of policy
and procedural systems for state agencies within each functional category
of state government including: Health and Human Services, Regulatory; General
Government; Natural Resources; Business and Economic Development; Institutions
of Higher Education systems and components; Public Safety and Criminal Justice;
Education Agencies; and Judiciary. If because of extenuating circumstances
or undue hardship a review of an agency's personnel policies and procedures
is unable to be completed during the pre-scheduled time, then the commission
may recommend that said agency be deferred to the following year for review
of their personnel policy and procedural systems.
Each agency must be reviewed within the six-year cycle and once a review
has commenced it must be completed within one year. The one year anniversary
date for review of policy and procedural systems commences upon the Commission's
issuance of a formal notification to the agency head. Each agency will receive
formal notice, via first class mail, at the beginning of the fiscal year in
which they are to be reviewed, stating the Commission's intent to conduct
a management review of said agency's personnel policy and procedural systems.
Upon receipt of its notification letter each agency will be provided with
notice as to the review process, what items are to be reviewed, and any additional
information that is needed to conduct the review of the agency's policy and
procedural systems. Once a review has been concluded, the Commission will
issue its findings and, if appropriate, issue recommendations for appropriate
revisions to the agency's personnel policies and procedures within the one
year anniversary date that the review was commenced.
SUMMARY OF COMMENTS AND AGENCY'S RESPONSE TO COMMENTS.
Comment: Two commenters request that the rule address when the six-year
cycle of review will begin and end.
Response: The Commission agrees and has made the appropriate revision.
Comment: Two commenters suggested that language be added to state what
criteria, if any, will be used to determine when a state agency is to be reviewed.
Response: The Commission agrees that the suggested revision would be useful,
but declines to make such revisions in the rule as such a criteria involves
an ongoing analysis of various factors that evolve and change over time. A
criteria that is established in this biennium may force the Commission to
continue a process that is not effective or efficient.
Comment: Two commenters suggested that the rule address what prior notice,
if any, state agencies will be given as to when their personnel policies and
procedures are to be reviewed by TCHR.
Response: The Commission agrees, and has made an appropriate revision.
Comment: One commenter suggested adding language to indicate how the one
year will be measured.
Response: The Commission asserts that subsection (c) already addresses
what occurrence or action must take place in order for the one year time period
to commence; however, the Commission has reworded the subpart for clarification
purposes.
Comment: Two commenters suggested adding a provision addressing what personnel
policies and procedures TCHR intends to review and how TCHR intends to review
them.
Response: The Commission disagrees that the proposed rules should include
what personnel policies the Commission intends to review and how the Commission
intends to review them. The mandate set forth by the Legislature requires
the Commission to review all personnel policy and procedural systems of each
state agency. As such, these systems could include a myriad of documents for
each individual agency. While most agencies may have similar systems in place,
the Commission does not believe it is beneficial to outline a list of policies
that may not be inclusive of all systems that are in place for all agencies
in the State of Texas.
Comment: Two commenters suggested that language be added to define the
term "personnel policy and procedural systems."
Response: The Commission declines the commenters' suggestion to add definitions
to the rule. The terms "personnel policy" and "procedural systems" are expansive
terms which encompass various components and terminology. The meaning of these
words continue to evolve over time and the Commission does not believe that
it would be worthwhile to incorporate potentially limiting definitions into
the rule.
Comment: One commenter suggested adding a provision specifying what information
the agency should have available for TCHR review, how TCHR will conduct its
review, and the expected time period required for such a review.
Response: The Commission disagrees that the suggested revisions should
be incorporated into the rule. If the Commission could state with absolute
certainty all documents each agency would need to provide for a management
review of its personnel policies and procedural systems, then perhaps a provision
outlining said documents would be helpful to the individual agencies. However,
as each agency has unique factors that may require unique documentation, the
Commission is of the opinion that it cannot properly carve out a rule so as
to encompass all of the information that may be needed to conduct a review
of each agency's personnel policies and procedural systems. Furthermore, as
each agency policy and procedural systems may be different, so may the Commission's
procedures necessary to conduct its management review of said agency need
to be restructured to meet the needs of the agency. Therefore, the Commission
questions the appropriateness of putting such a blanket procedure in its rules.
Finally, the Commission cannot state for certain how long any review will
last as there are several factors that may determine the duration of the review
and, as such, is not inclined to add language to the rule that attempts to
do just that. However, the rule does provide that all reviews must be completed
and closed on or before the one year anniversary date in which the review
was commenced.
Comment: Two commenters suggested that the proposed rule address questions
such as when the TCHR would issue its recommendations for revisions to an
agency's policy and procedural systems and what period of time would an agency
be given to consider TCHR's recommendations and provide its response. One
commenter suggested that a state agency should have a minimum of 30 days after
receipt of TCHR's recommendation to respond.
Response: The Commission agrees that the rule should be clarified to address
when the Commission will issue its recommendations, and has made an appropriate
revision. However, the Commission disagrees that the time period for agency
response should be addressed in this rule. The Commission is not inclined
to incorporate provisions found in Subchapter I., §21.4534 into the text
of its rule. The Commission is exercising authority it receives solely from §21.453,
which deals with promulgating a rule to establish a six-year review cycle.
Other provisions in Subchapter I. are outside the scope of this rule.
Comment: One commenter suggested that language be included and expounded
upon where appropriate that deal with the Compliance Report.
Response: The Commission disagrees that that language should be added to
the rule. The Commission is not inclined to incorporate provisions found in
Subchapter I., §21.4534 into the text of its rule. The Commission is
exercising authority it receives solely from §21.453, which deals with
promulgating a rule to establish a six-year review cycle. Other provisions
in Subchapter I. are outside the scope of this rule.
Comment: Two commenters suggested that the Commission address reimbursement
of TCHR's expenses for costs incurred in conducting a review via interagency
contract. One commenter suggested that the rule provide guidance concerning
what TCHR intends to propose in such contracts, including: (1) the process
for reporting to the agency the actual expenses information obtained from
the state auditor's office; (2) what accounting of the expenses will be provided;
(3) in what time period after the review will TCHR request the reimbursement;
(4) what is the time period for payment after the receipt by the agency of
the request for payment; and, (5) what is the time period in which the agency
can make payment before TCHR certifies to the Comptroller that the agency
failed to make the payment. The commenter requests a minimum of 30 days for
payment after the agency receives the request for payment to allow the agency
to request and review any needed clarification.
Response: The Commission disagrees that these questions should be addressed.
The Commission is not inclined to incorporate provisions found in Subchapter
I., §21.455, into the text of its rule. The Commission is exercising
authority it receives solely from §21.453, which deals with promulgating
a rule to establish a six-year review cycle. Other provisions in Subchapter
I. are outside the scope of this rule.
Comment: Two commenters suggested that the proposed rule should include
what specifically triggers TCHR's certification to the Comptroller that a
state agency has failed to comply with this Subchapter.
Response: The Commission disagrees that these questions should be addressed.
The Commission is not inclined to incorporate provisions found in Subchapter
I., §21.456, into the text of its rule. The Commission is exercising
authority it receives solely from §21.453, which deals with promulgating
a rule to establish a six-year review cycle. Other provisions in Subchapter
I. are outside the scope of this rule.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE SECTIONS. Texas Worker's
Compensation Commission: For, with changes. Texas Department of Licensing
and Regulation: For, with changes.
The new section is adopted under the Texas Labor Code, Chapter
21, §21.453 and §21.003, and Texas Administrative Code Chapter 321, §321.4
and Chapter 323, §323.5. The Texas Labor Code, §21.453, provides
that the Commission shall promulgate rules as are necessary and proper to
execute its duties and functions. The Texas Labor Code, §21.003, and
the Texas Administrative Code, §321.4 and §323.5, grant the Commission
authority to adopt procedural rules to carry out the purposes and policies
of the Texas Commission on Human Rights Act.
§323.7. Review.
(a)
The commission shall review the personnel policy and procedural
systems of each state agency on a six-year cycle, beginning fiscal year 2000,
to determine whether the policy and procedural systems comply with the Texas
Labor Code.
(b)
The commission shall stagger the reviews for each state
agency's personnel policy and procedural systems such that each state agency
will be reviewed once during the six-year cycle. If, because of undue hardship
or other extenuating circumstances, a state agency's policy and procedural
system is not reviewed within the scheduled time, then the commission's executive
director or his/her designee may recommend that those agencies be deferred
to the following year so long as the state agency's six-year cycle for review
is not exceeded.
(c)
If a state agency's personnel policy and procedural systems
are to be reviewed, said state agency shall receive notice, via first class
mail and on the commission's website, at the beginning of the fiscal year
in which the commission is to conduct its review of the agency's personnel
policy and procedural systems. The review of each state agency shall be completed
and recommendations issued on or before the one year anniversary date in which
the Commission issued its notification letter to the agency head and the review
thereby commenced.
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 March 10, 2000.
TRD-200001853
William M. Hale
Executive Director
Texas Commission on Human Rights
Effective date: March 30, 2000
Proposal publication date: December 17, 1999
For further information, please call: (512) 437-3457
Subchapter B. ALTERNATIVE DISPUTE RESOLUTION
40 TAC §327.27
The Commissioners of the Texas Commission on Human Rights
adopts the amendment to §327.27, concerning the standards and duties
of mediators. Section 327.27 is adopted without changes to the proposed text
as published in the December 17, 1999, issue of the
Texas Register
(24 TexReg 11247) and will not be republished.
This section is intended to make all provisions within this subchapter
uniform and consistent. This new provision will provide clarification of the
time period allotted in which to resolve alternative dispute resolution cases.
This section sets forth the scope of duties for Commission mediators. Section
323.27(a)(2) requires the mediator to conduct an on-site mediation within
45 days. The additional 15 days that has been added to this section is to
maintain conformity within the provisions.
Section 323.27(a)(3) requires the mediator to maintain appropriate documentation
during the 45 day dispute resolution period. The additional 15 days that has
been added to this section is to maintain conformity within the provisions.
No comments were received.
This section is adopted under the Texas Labor Code, Chapter 21, §21.003,
and the Texas Administrative Code, Chapter 321, §321.4, and Chapter 323, §323.5.
The Texas Labor Code, §21.003, provides that the Commission may promulgate
rules and regulations as are necessary and proper to carry out the provisions
related to employment discrimination. The Texas Administrative Code, §321.4
and §323.5, provide for the adoption of procedural rules to carry out
the purposes and policies of the Texas Commission on Human Rights Act.
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 March 10, 2000.
TRD-200001852
William M. Hale
Executive Director
Texas Commission on Human Rights
Effective date: March 30, 2000
Proposal publication date: December 17, 1999
For further information, please call: (512) 437-3457
Part 11.
TEXAS COMMISSION ON HUMAN RIGHTS
Chapter 327.
ADMINISTRATIVE REVIEW
Chapter 341.
ADMINISTRATIVE HEARING PROCEEDINGS