Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 12.
SPECIAL NUTRITION PROGRAMS
Subchapter A. CHILD AND ADULT CARE FOOD PROGRAM
40 TAC §§12.2, 12.3, 12.8, 12.19
The Texas Department of Human Services (DHS) adopts amendments
to §§12.2, 12.3, 12.8, and 12.19 without changes to the proposed
text published in the December 8, 2000 issue of the
Texas Register
(25 TexReg 12165).
Justification for the amendments is to incorporate provisions of the Child
and Adult Care Food Program (CACFP) mandated by federal legislation, Federal
Crop Insurance Act of 2000 (Public Law 106-224).
The department received no comments regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, Title
2, Chapters 22 and 33, which provide the department with the authority to
administer public and nutritional assistance programs.
The amendments implement the Human Resources Code, §§22.001-22.024
and §§33.001-33.024.
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 January 22, 2001.
TRD-200100395
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 11, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 438-3108
Subchapter D. FACILITY CONSTRUCTION
40 TAC §19.303, §19.326
The Texas Department of Human Services (DHS) adopts amendments
to §19.303 and §19.326 without changes to the proposed text in the
December 8, 2000 issue of the
Texas Register
(25 TexReg 12167).
Justification for the amendments regarding emergency electrical power and
safety operations lessen requirements that are more stringent than necessary
to protect resident health and safety. The amended rules require duplex receptacles
only when life-support electrical appliances, such as ventilators and suction
equipment, are being used.
The department received no comments regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code,
Chapter 242, which authorizes the department to license and regulate nursing
facilities.
The amendments implement the Health and Safety Code, §§242.001-242.268.
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 January 22, 2001.
TRD-200100396
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2001
Proposal publication date: November 8, 2000
For further information, please call: (512) 438-3108
Chapter 143.
FUNDING
40 TAC §§143.1 - 143.3, 143.11 - 143.15, 143.17, 143.21, 143.22
The Texas Commission on Alcohol and Drug Abuse adopts amendments
to §§143.1-143.3, 143.11-143.15, 143.17, 143.21, and 143.22 concerning
Funding. These sections contain information regarding applicability, allocation
of funds, service procurement plan, selection criteria, notice, request for
proposals, application process, application criteria, funding decisions, and
alternative competition. Section 143.22 is adopted with a non-substantive
change to the proposed text as published in the November 3, 2000, issue of
the
Texas Register
(25 TexReg 11086). Sections
143.1-143.3, 143.11-143.15, 143.17, and 143.21 are adopted without changes
and will not be republished.
These amendments are adopted to update the funding rules, to state them
more clearly and concisely and to eliminate unnecessary procedural details.
Changes from Chapter 143 include: reference to an overall funding methodology
instead of a formula; acceptance of input regarding the annual service procurement
plan from all interested parties; the inclusion of service goals in the annual
service procurement plan; compliance from all applicants with the Texas Review
and Comment System (TRACS) requirements; the requirement for all treatment
providers to be appropriately licensed and in good standing by the first effective
service day they proposed in their applications; the elimination of unnecessary
details regarding contract negotiations and funding decisions; the inclusion
of a timeframe for notification of successful applicants; a new streamlined
alternative funding process; and updated rules for other funding processes.
No comments were received regarding adoption of these amendments.
These amendments are adopted under the Texas Health and Safety
Code, §461.012(a)(15) which provides the Texas Commission on Alcohol
and Drug Abuse with the authority to adopt rules governing the functions of
the commission, including rules that prescribe the policies and procedures
followed by the commission when funding services and §461.0141 which
provides the commission with authority to adopt rules regarding purchase of
services.
The code affected by the adopted amendments is the Texas Health and Safety
Code, Chapter 461.
§143.22.Other Funding Processes.
(a)
The commission may solicit a proposal from only one source
if it is not feasible to use competitive procedures or state law does not
require competition.
(b)
One of the following must apply:
(1)
A competitive process failed to elicit acceptable bids.
(2)
The agency awarding or appropriating the funds to the commission
either authorized the noncompetitive negotiation or approved the entity to
receive funds.
(3)
Because of an emergency, it is necessary to proceed without
formal advertising to avoid delay.
(4)
The material or service to be purchased is available from
only one source.
(5)
State law does not require competition.
(c)
If the available funds exceed $25,000, a notice that services
will be purchased is published on the commission's website and on the state's
electronic business daily.
(d)
After a noncompetitive award is made, the commission reserves
the right to use a competitive process in subsequent years.
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 January 17, 2001.
TRD-200100333
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: February 6, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 349-6668
40 TAC §§143.16, 146.18, 146.23 - 143.25
The Texas Commission on Alcohol and Drug Abuse adopts the
repeal of §§143.16, 143.18, and 143.23-143.25 concerning Funding
without changes to the proposal as published in the November 3, 2000, issue
of the
Texas Register
(25 TexReg 10891).
The sections contain the peer review process and procedures for the cancellation
or suspension of solicitation, emergency purchase, noncompetitive renewal,
and developmental funding.
The repeal is adopted because the requirements contained in these sections
have been incorporated into other sections or eliminated because they contain
unnecessary procedural details.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Health and Safety Code, §461.012(a)(15)
which provides the Texas Commission on Alcohol and Drug Abuse with the authority
to adopt rules governing the functions of the commission, including rules
that prescribe the policies and procedures followed by the commission when
funding services, and §461.0141 which provides the commission with authority
to adopt rules regarding purchase of services.
The code affected by the adopted repeal is the Texas Health and Safety
Code, Chapter 461.
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 January 17, 2001.
TRD-200100334
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: February 6, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 349-6668
40 TAC §146.21
The Texas Commission on Alcohol and Drug Abuse adopts new §146.21,
concerning Criteria to Measure the Effectiveness of Substance Abuse Prevention
Programs. The section is adopted with changes to the proposed text as published
in the November 3, 2000, issue of the
Texas Register
(25 TexReg 10892).
The new section contains the criteria the Texas Commission on Alcohol and
Drug Abuse, Texas Juvenile Probation Commission, Texas Youth Commission and
Texas Department of Protective and Regulatory Services shall use to measure
the effectiveness of substance abuse prevention programs as required by the
76th Legislature, Acts 1999, Chapter 1051, Sections 1 to 3. Each agency shall
also require substance abuse prevention programs to submit an annual report
describing the program's effectiveness in meeting the criteria. The criteria
include targeting problems that are specific to a given community or school,
providing social services to children who have a family member with a drug
addiction, using strategies that are appropriate for children of different
ages, and providing continuity in services and intervention strategies for
all grade levels.
The commission received comments from the Texas Youth Commission and the
Greater Dallas Council on Alcohol and Drug Abuse, which are summarized below.
Comment: Clarify that the prevention programs referenced throughout the
section are substance-abuse related prevention programs.
Response: The commission accepts this comment and the words "substance-abuse"
have been added to describe the prevention programs referenced throughout
the section.
Comment: The proposed rule states that programs should use "strategies
that are appropriate for children of different ages." Chapter 144 of the commission's
rules defines "children" as those under 13 years of age. Is it your intention
that this item refer to adolescents (ages 13-17) as well?
Response: The text has been revised to refer to both children and adolescents.
Comment: Programs are required to use "the format specified by the funding
agency" for evaluation. When do you expect to have that format ready for distribution?
Response: Each funding agency is responsible for defining the format. Chapter
144 of the commission's rules directs commission-funded programs to use Prevention
Plus III as the format for program evaluation.
The new section is adopted under the Texas Health and Safety
Code, §461.012(a)(15) which authorizes the Texas Commission on Alcohol
and Drug Abuse to adopt rules governing the functions of the commission, including
rules that prescribe the policies and procedures followed by the commission
in administering any commission programs.
The code affected by the adopted rule is the Texas Health and Safety Code,
Chapter 461.
§146.21.Criteria Established to Measure the Effectiveness of Substance Abuse Prevention Programs.
(a)
Texas Commission on Alcohol and Drug Abuse, Texas Juvenile
Probation Commission, Texas Youth Commission and Texas Department of Protective
and Regulatory Services have agreed on the following criteria as measures
of a substance abuse prevention program's effectiveness. According to the
76th Legislature, Acts 1999, Chapter 1051, Section 2, all funded substance
abuse prevention programs shall:
(1)
Target problems that are specific to a given community
or school.
(A)
The provider shall determine what population(s) the program
is designed to serve: universal, selective or indicated.
(i)
Universal programs reach the general population (such as
all students in a school).
(ii)
Selective programs target a subset of the general population
which is at high risk for substance abuse (such as children of drug users).
(iii)
Indicated programs are designed for those who may already
be experimenting with drugs or who exhibit other problem-related behaviors.
(B)
The program shall identify and describe the primary and
secondary target populations including specific information about:
(i)
age, gender, and ethnicity;
(ii)
risk and protective factors;
(iii)
patterns of substance use;
(iv)
social and cultural characteristics;
(v)
knowledge, beliefs, values, and attitudes; and,
(vi)
needs.
(C)
The program shall identify long-range goals which:
(i)
address identified risks, needs and/or problems of the
primary and secondary target populations;
(ii)
are designed to enhance protective factors;
(iii)
clearly describe behavioral and/or societal changes to
be achieved; and
(iv)
are realistic in relation to available resources.
(D)
The program shall establish objectives for each contract
period that are linked to the goals. Objectives must be realistic, outcome
oriented, measurable and time-specific.
(2)
Provide social services to children who have a family member
with a drug addiction.
(A)
The program shall identify needs that cannot be met by
the program and help the participant access appropriate support systems and
community resources. The program shall maintain a current list of referral
resources, including other services provided by the organization.
(B)
The program shall provide information, referrals and follow-up
for participant and/or family needs that cannot be met by the program.
(3)
Use strategies that are appropriate for children and adolescents
of different ages. The program design, content, communications and materials
shall:
(A)
be available in the primary language of the target population;
(B)
be appropriate to the literacy level, gender, race, ethnicity,
sexual orientation, age and developmental level of the target population;
and
(C)
recognize the cultural identification (context) of the
family unit.
(4)
Provide continuity in services and intervention strategies
for all grade levels as stipulated in any contracts the program enters into
with the agencies in this interagency agreement.
(A)
The substance abuse prevention program shall be designed
to build on and support other related prevention and intervention efforts
in the community. The program shall secure and maintain the support of key
decision makers and leaders and shall establish formal linkages and coordinate
with other community resources.
(B)
Each substance abuse prevention program that provides activities
within this strategy shall work with other service providers, organizations,
individuals and families to promote substance abuse services and improve the
community's ability to prevent substance abuse and related problems.
(C)
The program must use existing community services and resources
effectively to enhance the substance abuse prevention program.
(D)
The program must establish formal linkages with other service
providers to build a continuum of substance abuse services in the community.
The program shall document active participation in collaborations to support
community resource development.
(E)
The program shall provide information, referrals and follow-up
for participant and/or family needs that cannot be met by the program.
(b)
In addition, according to the 76th Legislature, Acts 1999,
Chapter 1051, Section 3, each agency shall require the substance abuse prevention
program to submit an annual report that describes the program's effectiveness
in meeting established criteria.
(1)
The program shall perform self-evaluation to verify, document
and quantify program activities and effectiveness.
(2)
The program shall submit a written evaluation report using
the format specified by the funding agency. The provider must submit the report
at the end of each contract period, no later than September 30, unless otherwise
stipulated in the contract.
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 January 17, 2001.
TRD-200100332
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: February 6, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 349-6668
Chapter 800.
GENERAL ADMINISTRATION
The Texas Workforce Commission adopts amendments to Subchapter H, §§800.301-800.307
and new §800.308, relating to Agency Monitoring Activities. Section 800.302
and §800.303 are adopted with changes to the proposed text as published
in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10714) and will be republished. Section 800.301 and §§800.304-800.308
are adopted without changes and will not be republished.
The Texas Workforce Commission adopts amendments to Subchapter I, §§800.351-800.355
and §§800.357-800.359, and new §800.360, relating to Subrecipient
and Contract Service Provider Monitoring Activities. Sections 800.352, 800.353,
800.355, 800.357, and 800.359 are adopted with changes to the proposed text
as published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10714) and will be republished. Sections
800.351, 800.354, 800.358, and 800.360 are adopted without changes and will
not be republished.
Concurrent with this proposal, the Commission adopts the review of Subchapters
H and I of Chapter 800 relating to Monitoring in accordance with Texas Government
Code §2001.039, without changes to the proposed text as published in
the October 27, 2000, issue of the
Texas Register
(25 TexReg 10773). No comments were received on the proposed review.
The term "Agency" when used in these rules refers to the state agency which
operates the integrated workforce development system. The term "Commission"
is used to refer to the three member governance body authorized to adopt rules
by Texas Labor Code §301.061.
Purpose: The purpose of the amendments is to include in the rules the monitoring
requirements imposed by the Workforce Investment Act (WIA) (29 U.S.C.A. §§2801
et seq.), and to clarify the use of some of the terms in the rules.
Background. Regarding general amendments to both Subchapter H and Subchapter
I, the proposed rules included changes to clarify the definitions of "contract
service provider" and "subrecipient." Likewise, the proposed language amended
the definitions section to delete the term Board and Commission as unnecessary.
The purpose of the rules and proposed changes to Subchapter H include the
following:
Section 800.303 clarifies the provisions relating to program and fiscal
monitoring.
Section 800.304 describes the requirement that records involving the use
of funds administered by the Agency be made available by Boards, other subrecipients
and contract service providers to the Agency. Record-keeping and documentation
requirements are based on OMB Circular A-133 and the Agency's Financial Grants
and Contracts Manual.
Section 800.305 was amended to clarify the processes and procedures used
to determine performance.
Section 800.306 describes the fiscal monitoring activities of the Agency
including evaluation of compliance with appropriate uniform administrative
requirements and cost principles. The rules also include provisions regarding
compliance with the requirements of WIA cost categories and cost limitations.
Section 800.307 was amended to clarify the provisions relating to resolution
activities, and the appeal process.
Section 800.308 describes the Agency resolution process including the applicability
of sanctions.
Concurrent with this adoption is an error correction that reflects that
the proposed section "300.308" is properly cited as "800.308".
The purpose of the rules and proposed changes to the rules in Subchapter
I include the following:
Section 800.352 sets forth the applicable definitions and modifies the
terms "contract service providers" and "subrecipients";
Section 800.353 describes subrecipient and contract service provider monitoring
requirements.
Section 800.354 describes required risk assessment activities.
Section 800.355 describes the monitoring plan.
Section 800.356 is intentionally skipped.
Section 800.357 lists the required controls over monitoring.
Section 800.358 describes reporting and resolution requirements.
Section 800.359 is revised to remove an unnecessary provision and describes
the independent audit requirements.
Section 800.360 sets forth the requirements relating to access to records.
The Commission received comments on the rules from the Gulf Coast Workforce
Development Board and from the West Central Workforce Development Board. Following
each comment is the Commission's response. The commenters made suggestions
regarding the rules but did not state whether they were for or against the
rules.
Comment: Regarding §800.302 and §800.352, one commenter suggested
that the change in the definition of service provider would create an adverse
financial impact on entities contracting with Boards if these entities were
required to monitor program activities. Even though monitoring costs are allowable,
if not budgeted, sufficient funds may not be available to adequately monitor
program activities. Local Boards should be allowed to determine the scope
and extent to which contract service providers must conduct monitoring.
Response: The Commission agrees that Boards should be allowed to determine
the extent to which monitoring activities are conducted by contract service
providers. While the definition of contract service provider was amended for
clarification, it was not intended that the scope of the definition extend
beyond that in the original definition. Additionally, §800.353 of the
original rule requires contract service providers to monitor entities that
receive public funds, i.e., all subcontractors without regard to size. The
proposed amendment allows more flexibility by requiring that contract service
providers "assure" that monitoring activities occur. The proposed rules allows
contract service providers to reach an agreement with the Board on how best
to handle monitoring activities. The Board can elect to meet all monitoring
responsibilities by including contract service provider coverage in the Board's
monitoring plan and risk assessment and delineating the division of monitoring
responsibilities in contracts with contract service providers and subrecipients.
Comment: Regarding §800.303 and §800.353, one commenter suggested
that the rules be amended to limit required compliance with official directions
such as Texas Workforce Commission Workforce Development Letters and U.S.
Department of Labor Information Notices to only the mandatory policies contained
within the documents. The commenter noted that such documents often provide
guidance rather than policy and in such cases the Boards should have the opportunity
to adopt alternate policies and procedures that better suit the needs of the
local areas.
Response: The Commission agrees that Boards are not required to adopt all
policies and procedures which are suggested in official "guidance," but rather
are required to read and consider such guidance before developing policies
and procedures for local areas. The proposed changes to §800.303 and §800.353
were not intended to require Boards to comply with all suggestions and "best
practices" contained in authoritative pronouncements, but rather to provide
examples of types of authoritative pronouncements. Because guidances may reference
and include interpretations of requirements of law, the Commission does not
agree with removing the reference from the rules.
Comment: Regarding §800.306, one commenter suggested that the Commission
include a timeframe for reports to be issued; such as "within 60 days of completion
of monitoring activities" or similar language. The commenter suggested that
this would further ensure and demonstrate the Commission's commitment and
practice of providing feedback within a reasonable time period.
Response: The Agency agrees that reporting timelines are necessary and
has already established such in written internal agency operating procedures.
However, since the detailed monitoring findings may vary significantly, the
Commission does not agree with setting forth a rigid timeline in the rule
language.
Comment: Regarding §800.307, one commenter recommended that the Commission
include a timeframe for response and resolution activities in the section.
The commenter also stated that the addition of timeframes for response from
the Board and issuance of initial determinations would seem to be necessary
in relationship to the timeframe in §800.307(2).
Response: The proposed rule requires completion of response and resolution
activities by a date specified by the Agency rather than establishing a fixed
timeframe for all situations. It is important that Boards, subrecipients,
and contract service providers have the opportunity to respond fully and adequately
to monitoring findings. Identifying due dates for such responses allows consideration
of individual circumstances while respecting the need to complete the process
in a timely manner.
Comment: Regarding §800.355, one commenter asked that the section
be clarified because as written, the commenter suggested that the section
could be read to require that Boards monitor Agency-funded activities even
when the activities occur under a contract between the Agency and a third
party. The commenter suggested that the section be amended to indicate clearly
that subrecipients and contract service providers are only responsible for
monitoring Agency-funded activities provided by entities which acted under
a contract funded directly or indirectly by the subrecipient or service provider.
Response: The Agency agrees that the proposed rule as written could be
misinterpreted. The rule will be changed accordingly.
Comment: Regarding §800.356, which is numbered as §800.357 in
the text of the proposed rules, one commenter questioned the need for the
requirement that all providers brief the Board or Board subcommittee on monitoring
activities. The commenter suggested that this requirement would result in
a significant number of reports to the Board or Board subcommittee. The commenter
suggested that it would be more appropriate to provide a briefing on Board
monitoring activities, which would include a review of contract monitoring.
The commenter proposed that the section be amended to apply only to subrecipients
or Boards.
Response: Regarding §800.357 and §800.358, the Commission intends
that the Boards be briefed so they are informed of the results of monitoring
activities because of the Boards' ultimate responsibility for oversight of
all activities funded through the Boards. The Commission does not agree with
removing the requirement that the Board be fully informed of all monitoring
activities. The rules consistently require that monitoring information be
provided to the Boards. Section 800.358(c) states that copies of all monitoring
reports be provided to Boards. Section 800.357 requires that reports on monitoring
activities be presented to the Board at a regularly scheduled meeting of the
Board or Board subcommittee. The purpose of §800.357 is to ensure that
the Board or a committee of the Board is briefed on the results of monitoring
activities at regularly scheduled meetings by an appropriate party. Section
800.357 was not intended to require briefings by all the individual providers
themselves, and so the Commission agrees to clarify that a person other than
the provider or subrecipient may provide the briefing. Section 800.357 will
be changed to clarify this point.
Subchapter H. AGENCY MONITORING ACTIVITIES
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Part 3.
TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
Chapter 146.
INTERAGENCY AGREEMENTS
Part 20.
TEXAS WORKFORCE COMMISSION