Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
Chapter 182.
SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM
Subchapter B. PROGRAM ELIGIBILITY
40 TAC §182.23
The Texas Commission for the Deaf and Hard of Hearing adopts
the amendment to §182.23 without changes to the text as published in
the November 3, 2000, issue of the
Texas Register
(25 TexReg 10893). This rule will reduce the length of time a voucher
is valid.
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 proposed amendment.
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 25, 2001.
TRD-200100445
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Effective date: February 14, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 407-3250
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners, (TBOTE)
adopts an amendment to §362.1, concerning Definitions, without changes
to the proposed text as published in the December 1, 2000, issue of the
The section was amended to delete a term which is not longer consistent
with the Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
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 January 23, 2001.
TRD-200100420
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: February 12, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 305-6962
40 TAC §364.1
The Texas Board of Occupational Therapy Examiners, (TBOTE)
adopts the repeal of §364.1 and adopts new §364.1, Requirements
for Licensure; §364.2, Initial License by Examination; §364.3, Temporary
License; §364.4, License by Endorsement, without changes to the proposed
text as published in the August 18, 2000, issue of the
Texas Register
(25 TexReg 8017) and will not be republished.
The new sections are adopted to restructure licensing procedure rules and
update description of the requirements for licensure, reflecting changes to
the procedures. They enabled administrative procedures for improved administrative
efficiency.
No comments were received regarding adoption of the proposal.
The repeal is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
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 January 23, 2001.
TRD-200100414
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: February 12, 2001
Proposal publication date: August 18, 2000
For further information, please call: (512) 305-6962
40 TAC §§364.1-364.4
The new sections are adopted under the Occupational Therapy
Practice Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which
provides the Texas Board of Occupational Therapy Examiners with the authority
to adopt rules consistent with this Act to carry out its duties in administering
this 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 January 23, 2001.
TRD-200100415
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: February 12, 2001
Proposal publication date: August 18, 2000
For further information, please call: (512) 305-6962
40 TAC §365.1
The Texas Board of Occupational Therapy Examiners, (TBOTE)
adopts the repeal of §365.1, Types of Licenses, without changes to the
proposal as published in the August 18, 2000, issue of the
Texas Register
(25 TexReg 8018) and will not be republished.
The section was repealed as the language of this Chapter is contained in
Chapter 364.
No comments were received regarding adoption of the proposal.
The repeal is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
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 January 23, 2001.
TRD-200100416
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: February 12, 2001
Proposal publication date: August 18, 2000
For further information, please call: (512) 305-6962
40 TAC §366.1
The Texas Board of Occupational Therapy Examiners, (TBOTE)
adopts the repeal of §366.1, Application for License, without changes
to the proposal as published in the August 18, 2000, issue of the
Texas Register
(25 TexReg 8019) and will not be republished.
The section was repealed as the language of this Chapter is contained in
Chapter 364.
No comments were received regarding adoption of the proposal.
The repeal is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
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 January 23, 2001.
TRD-200100417
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: February 12, 2001
Proposal publication date: August 18, 2000
For further information, please call: (512) 305-6962
40 TAC §370.1
The Texas Board of Occupational Therapy Examiners, (TBOTE)
adopts an amendment to §370.1, concerning License Renewal, without changes
to the proposed text as published in the December 1, 2000, issue of the
The section was amended clarify what is needed by the agency, in what timeframe,
and add an explanation for restoration of a license, which has been in Act,
but not rule.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
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 January 23, 2001.
TRD-200100418
John P. Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: February 12, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 305-6962
Chapter 700.
CHILD PROTECTIVE SERVICES
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
40 TAC §700.316
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §700.316, with changes to the proposed
text published in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12325).
The justification for the amendment is to raise the resource limit that
a child in foster care is allowed to have without losing eligibility for Title
IV-E foster care assistance. The maximum resource limit is being raised from
$1,000 to $10,000 for most children; and from $1,000 to $2,000 for children
eligible for Supplemental Security Income (SSI). The $10,000 resource limit
will also apply to children eligible for Medical Assistance Only (MAO) and
state-paid foster care assistance. This increase will allow children leaving
care to save more money for independent living purposes.
The amendment will function by allowing foster children to save more money
to use for transitioning from foster care to independent living.
No comments were received regarding adoption of the amendment. TDPRS, however,
has revised paragraph (5) to delete the information about the family's resources
because that information is already included in another rule section.
The amendment is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the Board to adopt rules to facilitate implementation of
departmental programs.
The amendment implements Title IV-E of the Social Security Act.
§700.316.Eligibility Requirements for Title IV-E, MAO, and State-Paid Foster-Care Assistance.
The child must meet all of the following criteria to be eligible for
Title IV-E, Medical Assistance Only (MAO), or state-paid foster care assistance.
(1)
Responsibility for placement and care. The Texas Department
of Protective and Regulatory Services (TDPRS) must have the responsibility
for the child's placement and care. This requirement is met if:
(A)
the child is placed in TDPRS's managing conservatorship
by written court order issued under Title 5, Texas Family Code;
(B)
the child is placed by TDPRS under the statutory authorization
of §262.104, Texas Family Code; or
(C)
the child lives with his minor parent, and the minor parent
is in TDPRS's managing conservatorship. The child and the minor parent must
reside together in the same foster family home or child-care institution.
(2)
Age if not attending school. The child must be less than
18 years old. When a youth in foster care turns 18, the youth's eligibility
for foster care assistance ends on the last day of the month of his 18th birthday,
unless the youth is attending high school or taking vocational or technical
training classes as specified in paragraph (3) of this section.
(3)
Age if attending school. A youth's eligibility for foster
care assistance can be extended until the end of the month of his graduation
from high school or the end of the month of his completion of vocational or
technical training classes when the conditions specified in subparagraph (A)
of this paragraph are satisfied or when the conditions specified in subparagraphs
(B) or (C)(i) of this paragraph are satisfied in addition to the conditions
in subparagraph (A) of this paragraph.
(A)
General conditions. The youth must:
(i)
already be receiving foster care assistance during the
month of his 18th birthday;
(ii)
be:
(I)
attending high school as a full-time student (as defined
by the school); or
(II)
taking vocational or technical training classes as an
alternative to attending high school as a full-time student; and
(iii)
be scheduled to:
(I)
graduate from high school or complete the vocational or
technical training classes specified in clause (ii) of this subparagraph before
or during the month of his 19th birthday; or
(II)
graduate from high school before or during the month of
his 20th birthday as specified in subparagraph (C)(i) of this paragraph.
(B)
Special condition affecting Title IV-E foster-care assistance.
If a youth receives a general equivalency diploma (GED) and enrolls in vocational
or technical training classes before his 18th birthday, the youth's eligibility
for Title IV-E foster-care assistance may be extended until the end of the
month in which he completes or withdraws from the vocational or technical
training, as long as the youth is scheduled to complete the training before
or during the month of his 19th birthday.
(C)
Special condition affecting state-paid foster-care assistance.
(i)
A youth who is scheduled to graduate from high school after
his 19th birthday is eligible to receive state-paid foster-care assistance
from the beginning of the first full month following his 18th birthday until
the end of the month of his graduation or withdrawal, as long as the youth
is scheduled to graduate from high school before or during the month of his
20th birthday.
(ii)
If a youth has been accepted for admission to a college
or vocational program that does not begin immediately, the youth's eligibility
for state-paid foster care assistance can be extended for a period not to
exceed 3 and 1/2 months following the end of the month in which the youth
graduated from high school or completed the GED. In these situations, the
youth qualifies for state-paid foster care assistance at a level of care (LOC)
1.
(4)
Placement. The child must be receiving care in Texas in
a licensed, certified, or verified foster home or a licensed, private, nonprofit
child-caring institution approved for TDPRS foster- care assistance, except
in the following circumstances.
(A)
The child is in permanent foster family care and the foster
family must move out of state. The foster family must secure foster care licensing
in the new state of residence within 90 days, or the child's eligibility for
foster care assistance will be terminated until appropriate licensing is secured.
The TDPRS program director may grant one extension of no more than 60 days,
but only if it is clear that the foster family will be licensed in the additional
time.
(B)
The child must be removed from an out-of-state adoptive
or foster care placement; and TDPRS determines that another out-of-state placement
will better meet the child's needs than a return to Texas.
(C)
Under the service plan, the child is to be reunited with
his biological family and must be moved out of state in order to live near
the family.
(D)
If the child is placed in a licensed residential treatment
center, the facility may be for profit. Children can be admitted to a for-profit
licensed residential treatment center at LOC 5 and LOC 6 only. If a child's
level of care is subsequently reduced to LOC 4 only, the for-profit provider
may continue to care for the child, if doing so is in the child's best interest,
until the child's functioning stabilizes and TDPRS can arrange a planned move
to an appropriate placement.
(i)
the child's needs are best served by his remaining in the
facility; and
(ii)
the facility agrees to continue serving the child at the
new LOC.
(5)
Resources. The child must not have equity in real or personal
property in excess of:
(A)
$10,000 if the child does not receive Supplemental Security
Income (SSI); or
(B)
$2,000 if the child receives SSI.
(6)
Income. The child's monthly income must be less than the
daily rate paid to the child-care facility for the child's maintenance. Countable
income includes supplemental security income (SSI); retirement, survivors,
and disability insurance (RSDI); Veterans Administration (VA) benefits; any
other dependent or survivor's income; funds resulting from the child's Indian
heritage; or other income from private sources. The following types of income
are not counted in determining eligibility:
(A)
Earnings of a child who is:
(i)
a full-time student;
(ii)
a part-time student and not a full-time employee. Full-time
employment is 30 hours or more per week;
(B)
money given as a gift on an irregular basis by the parent
to the child;
(C)
educational loans or grants, such as scholarships, to the
child if provided for purposes other than regular maintenance;
(D)
child support payments received by or forwarded to the
Office of the Attorney General.
(7)
Lump-sum Income. Nonrecurring lump-sum payments received
after certification for foster care assistance are generally considered as
countable income. Exceptions are detailed in §§3.3208 through 3.3213
of this title (relating to Income) in the AFDC chapter of rules. If the lump-sum
payment plus other countable income for a month is equal to or greater than
the cost of foster-care maintenance, the child is ineligible for a period
of time. The period of ineligibility is determined by dividing the amount
of the lump-sum payment and other countable income by the monthly cost of
care. The resulting whole number is the number of months the child is ineligible
for foster care assistance. Any remaining amount from this division is considered
as income the first month after the period of ineligibility.
(8)
Social Security number. The child must have, or must have
applied for, a Social Security number, if eligible.
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 26, 2001.
TRD-200100486
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 15, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §700.317
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts an amendment to §700.317, with changes to the proposed
text published in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12326).
The justification for the amendment is to comply with provisions of Title
IV-E of the Social Security Act, as amended by the Adoption and Safe Families
Act (ASFA) and further clarified in the federal regulations issued January
25, 2000 (45 Code of Federal Regulations §1356.21). The amendment outlines
judicial determinations or findings which are necessary for a child in foster
care to be eligible for Title IV-E foster care assistance, and the timeframes
in which these determinations must be made by the courts. An additional change
is made to comply with federal requirements concerning citizenship.
The amendment will function by ensuring that children in foster care are
properly found eligible for Title IV-E foster care assistance. In this way,
CPS can maximize the use of federal funding for those children who qualify
to pay for the costs associated with their foster care.
No comments were received regarding adoption of the amendment. TDPRS, however,
has revised §700.317(a)(2)(C) because the language was redundant and
confusing. TDPRS has deleted the phrase "that is in effect" from the second
sentence.
The amendment is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the Board to adopt rules to facilitate implementation of
departmental programs.
The amendment implements Title IV-E of the Social Security Act and the
relevant federal regulations.
§700.317.Additional Eligibility Requirements for Title IV-E Foster Care.
(a)
Besides the general eligibility requirements specified
in §700.316 of this title (relating to Eligibility Requirements for Title
IV-E, MAO, and State-paid Foster Care Assistance), a child must meet the following
additional requirements to qualify for Title IV-E foster care assistance.
(1)
Aid to Families with Dependent Children (AFDC)-related
status. At least one of the following conditions must apply.
(A)
Using the AFDC eligibility rules in effect on July 16,
1996, the child would have been eligible for AFDC benefits had application
been made during the month in which court proceedings were initiated.
(B)
At some time during the six-month period before the month
in which court proceedings were initiated, the child lived with a relative
as specified in paragraph (3) of this subsection; and the child would have
received AFDC benefits if he had been living with that relative during the
month in which court proceedings were initiated, and if the AFDC eligibility
rules in effect on July 16, 1996, were used.
(C)
The child lives with his minor parent, and the minor parent
is in the Texas Department of Protective and Regulatory Services' (TDPRS's)
managing conservatorship. As long as the child continues to live with the
minor parent, a separate court-ordered removal is not required for the child
to qualify for Title IV-E foster care assistance.
(D)
The child was removed from a family that had qualified
for the AFDC-Unemployed Parent (AFDC-UP) program during the month in which
court proceedings were initiated, if the AFDC eligibility rules in effect
on July 16, 1996, were used.
(2)
Judicial determination.
(A)
At the time a child is first removed from the home, regardless
of whether it is an emergency removal subject to ex parte proceeding or removal
pursuant to an adversary hearing with prior notice, the first court ruling
that sanctions the removal must contain the judicial determination that continuation
in the home would be contrary to the welfare of the child, or that placement
would be in the best interest of the child.
(B)
A judicial determination regarding reasonable efforts must
be made no later than 60 days following the court-ordered removal. That determination
must specify either that:
(i)
the efforts that were made to prevent the child's removal
from the home were reasonable under the circumstances, when considering the
child's health and safety; or
(ii)
reasonable efforts were not required because of aggravated
circumstances, as defined in the Texas Family Code, §262.2015, or because
a parent has previously had parental rights involuntarily terminated with
respect to a sibling.
(C)
Additional judicial determinations must be made regarding
permanency planning. At least once during every 12-month period that the child
remains in foster care, beginning with the date of the court-ordered removal,
there must be a judicial determination that the state has made reasonable
efforts to finalize the permanency plan. Reasonable efforts to finalize an
alternate permanency plan may be made concurrently with reasonable efforts
to reunify the child and family.
(D)
All required judicial determinations must be explicitly
documented and must be made on a case-by-case basis as stated in the court
order. It is not acceptable when a court order merely references state law
in support of a required judicial determination.
(3)
Relationship and domicile. During the month in which court
proceedings were initiated, or at some time during the six preceding months,
the child must have lived with a relative who qualifies as a "specified relative"
under 45 Code of Federal Regulations (CFR) §233.90(c)(v)(A)(1)-(6).
(4)
Need. The child's family must have been living at subsistence
level or below according to Aid to Families with Dependent Children (AFDC)
income standards in effect July 16, 1996. If the child has a stepparent living
in the home, the stepparent's income is considered according to the rules
governing stepparent income for AFDC eligibility in effect July 16, 1996.
(5)
Citizenship or alien status. The child must be a citizen
of the United States or a qualified alien, as described in 8 U.S.C. §1641(b).
(b)
For purposes of determining eligibility for foster care
assistance, TDPRS considers court proceedings initiated when:
(1)
a petition alleging child abuse or neglect or other need
for protection of a child is filed in a court of law; or
(2)
a child is removed under the statutory authority and emergency
removal provisions of the Texas Family Code, §262.104.
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 26, 2001.
TRD-200100484
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 15, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §700.1501, §700.1502
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts amendments to §§700.1501 and 700.1502, without changes
to the proposed text published in the December 15, 2000, issue of the
The justification for the amendments is to delete the assessment of the
applicant's ability to help a child develop a sense of identity consistent
with the child's racial, cultural, and ethnic background, because it is in
conflict with the Multi-Ethnic Placement Act of 1994 (MEPA), as amended (42
USC 622), and the Removal of Barriers to Interethnic Adoption Provisions of
1996 (IEP) (§1808, P.L. 104-088). This federal legislation prohibits
TDPRS from assessing an applicant's ability to meet the cultural needs of
a child, unless the evaluation is based on the needs of a specific child.
The amendment to §700.1501 also adds a provision that allows the Director
of Child Protective Services (CPS) to review and grant variances to state
minimum standards for relative foster homes. The ability to grant variances
on a case-by-case basis is needed to comply with the Adoption and Safe Families
Act of 1997.
The amendments will function by ensuring that TDPRS is in compliance with
federal law.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code (HRC),
Title 2, Chapter 40, which provides the department with the authority to propose
and adopt rules to comply with state law and implement departmental programs;
and under the Texas Family Code, Chapters 261 and 264, which authorizes the
department to provide services to alleviate the effects of child abuse and
neglect.
The amendments implement the Human Resources Code, Chapter 40, the Texas
Family Code, Chapters 261 and 264, the Multi-Ethnic Placement Act of 1994
(MEPA), as amended (42 USC 622) and the Removal of Barriers to Interethnic
Adoption Provisions of 1996 (IEP) (§1808, P.L. 104-088).
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 26, 2001.
TRD-200100483
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
new Chapter 702, General Administration, consisting of §§702.1,
702.5, 702.201, 702.205, 702.209, 702.213, 702.217, and 702.221, without changes
to the proposed text published in the December 15, 2000, issue of the
The justification for the new sections is to provide information that pertains
to the general administration of PRS, or which pertains to more than a single
program area. The adoption includes new Subchapter A, Introduction, which
includes terms applicable to the entire chapter, and new Subchapter C, Agency
Records and Information, which includes information pertaining to the Texas
Public Information Act. The new sections are written in question and answer
format, and use other plain language techniques so they are easier to understand.
The new sections will function by ensuring that the rules are clearer and
easier to understand.
No comments were received regarding adoption of the new sections.
Subchapter A. INTRODUCTION
40 TAC §702.1, §702.5
The new sections are adopted under the Human Resources Code
(HRC), §40.029, which authorizes the department to adopt rules that facilitate
the implementation of departmental programs.
The new sections implement the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100474
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §§702.201, 702.205, 702.209, 702.213, 702.217, 702.221
The new sections are adopted under the Human Resources Code
(HRC), §40.029, which authorizes the department to adopt rules that facilitate
the implementation of departmental programs.
The new sections implement the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100475
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §§702.401, 702.405, 702.409, 702.413
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts new §§702.401, 702.405, 702.409, and 702.413, without
changes to the proposed text published in the December 15, 2000, issue of
the
Texas Register
(25 TexReg 12336).
The justification for the sections is to move the memoranda of understanding
(MOUs) to new Chapter 702, General Administration. Previously, new §§702.401,
702.405, and 702.409 were in Chapter 736, Memorandum of Understanding with
Other State Agencies. Chapter 736 is being repealed in this issue of the
The new sections will function by ensuring that the rules are in compliance
with the law. Section 702.413 will function by ensuring services for students
at-risk of dropping out of school and enhancing the effectiveness of the Communities
In Schools program.
No comments were received regarding adoption of the new sections.
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules to facilitate the implementation
of departmental programs, and the Texas Family Code, §264.755, which
requires the department to adopt by rule an MOU between TEA and PRS related
to the CIS program.
The new sections implement the Human Resources Code, §40.029, and
the Texas Family Code, §264.755.
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 26, 2001.
TRD-200100469
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §§702.601, 702.605, 702.609, 702.613, 702.617, 702.621
The Texas Department of Protective and Regulatory Services
(PRS) adopts new §§702.601, 702.605, 702.609, 702.613, 702.617,
and 702.621, without changes to the proposed text published in the December
15 2000, issue of the
Texas Register
(25 TexReg
12339).
The justification for the new sections is to bring the continuing education
rules into compliance with the Texas Government Code, Chapter 656, State Employee
Training Act. The new sections are written in question and answer format,
and use other plain language techniques so they are easier to understand.
The new sections will function by ensuring that the rules are in compliance
with law and will be easier to understand.
No comments were received regarding adoption of the new sections.
The new sections are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs, and the Texas Government Code, Chapter 656, which
imposes certain restrictions on training and education and requires state
agencies to adopt rules concerning their training and education policies.
The new sections implement the Texas Government Code, Chapter 656.
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 26, 2001.
TRD-200100478
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
Subchapter A. STANDARDS FOR CHILD-PLACING AGENCIES
40 TAC §720.47, §720.55
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts amendments to §§720.47 and 720.55, concerning foster
care study and required information, without changes to the proposed text
published in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12340).
The justification for the amendments is to delete the paragraphs of current
rules that conflict with the Multi-Ethnic Placement Act of 1994 (MEPA), as
amended (42 USC 622) and with the Removal of Barriers to Interethnic Adoption
provisions of 1996 (IEP) (§1808, PL 104-188). This federal legislation
prohibits a child-placing agency, when making a foster or adoptive placement,
from considering the race, color or national origin of the child or of the
foster or adoptive parents. Child-placing agencies are also prohibited from
considering the capacity of prospective foster or adoptive parents to meet
the needs of a child relating to race, color or national origin.
The amendments will function by ensuring that the rules comply with federal
law.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules to facilitate implementation
of department programs.
The amendments implement the Human Resources Code, §40.029, the Multi-Ethnic
Placement Act of 1994 (MEPA), as amended (42 USC 622) and the Removal of Barriers
to Interethnic Adoption provisions of 1996 (§1808, PL 104-188) (IEP).
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 26, 2001.
TRD-200100485
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts amendments to §§725.1810 and 725.4001; adopts the repeal
of §§725.4002, 725.4004-725.4013, and 725.4017-725.4021; and adopts
new §§725.4002-725.4006, concerning appeals of licensing staff decisions,
without changes to the proposed text published in the December 15, 2000, issue
of the
Texas Register
(25 TexReg 12341).
The justification for the adoption is to incorporate by reference the procedural
rules currently followed by the State Office of Administrative Hearings (SOAH)
and bring all rules into compliance with current law.
The amendments, repeals, and new sections will function by deleting obsolete
rules and consolidating the information into fewer rules in a more clear and
concise manner.
No comments were received regarding adoption of the amendments, repeals,
and new sections.
Subchapter S. ADMINISTRATIVE PROCEDURES
40 TAC §725.1810
The amendment is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs, and HRC §42.072 (a), (b), and (e), which authorizes
proceedings for a disciplinary action which are governed by the administrative
procedure law, Chapter 2001 of the Government Code.
The amendment implements the Human Resources Code, §§40.029 and
42.072.
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 26, 2001.
TRD-200100479
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §§725.4001 - 725.4006
The amendment and new sections are adopted under the Human
Resources Code (HRC), §40.029, which authorizes the department to propose
and adopt rules to facilitate implementation of department programs, and HRC §42.072
(a), (b), and (e), which authorizes proceedings for a disciplinary action
which are governed by the administrative procedure law, Chapter 2001 of the
Government Code.
The amendment and new sections implement the Human Resources Code, §§40.029
and 42.072.
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 26, 2001.
TRD-200100480
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §§725.4002, 725.4004 - 725.4013, 725.4017 - 725.4021
The repeals are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to propose and adopt rules to facilitate implementation
of department programs, and HRC §42.072 (a), (b), and (e), which authorizes
proceedings for a disciplinary action which are governed by the administrative
procedure law, Chapter 2001 of the Government Code.
The repeals implement the Human Resources Code, §§40.029 and
42.072.
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 26, 2001.
TRD-200100481
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
the repeal of Chapter 734, consisting of §§734.1-734.3, 734.11-734.19,
734.31, and 734.40, concerning Public Information, without changes to the
proposed text published in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12348).
As a result of the rule review required by the Texas Government Code, §2001.039
and the General Appropriations Act of 1997, Article IX, §167, PRS is
deleting the obsolete rules in this chapter. Also in this issue of the
The repeals will function by deleting obsolete rules.
No comments were received regarding adoption of the repeals.
Subchapter A. DISCLOSURE OF INFORMATION
40 TAC §§734.1 - 734.3
The repeals are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100470
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §§734.11 - 734.19
The repeals are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100471
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §734.31
The repeal is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeal implements the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100472
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §734.40
The repeal is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeal implements the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100473
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (TDPRS)
adopts the repeal of Chapter 736, consisting of §§736.501-736.508,
736.701, 736.901, and 736.902, without changes to the proposed text published
in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12349).
As part of the rule review required by the Texas Government Code, §2001.039
and the General Appropriations Act of 1997, Article IX, §167, TDPRS is
repealing this chapter in its entirety. The rules at §§736.501-736.507
are repealed because they are obsolete. The remaining sections in Chapter
736 are being readopted by TDPRS in this issue of the
Texas Register
, in new Subchapter E, Memoranda of Understanding (MOUs)
with Other State Agencies, in Chapter 702, General Administration. The repeals
will function by allowing TDPRS to restructure its rules and deleting obsolete
rules.
No comments were received regarding adoption of the repeals.
Subchapter E. MEMORANDA OF UNDERSTANDING FOR COORDINATION OF APS INVESTIGATIONS
40 TAC §§736.501 - 736.508
The repeals are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100466
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §736.701
The repeal is adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeal implements the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100467
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
40 TAC §736.901, §736.902
The repeals are adopted under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 26, 2001.
TRD-200100468
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: March 1, 2001
Proposal publication date: December 15, 2000
For further information, please call: (512) 438-3437
Subchapter A. POLICY AND PROCEDURES
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Chapter 364.
REQUIREMENTS FOR LICENSURE
Chapter 365.
TYPES OF LICENSES
Chapter 366.
APPLICATION FOR LICENSE
Chapter 370.
LICENSE RENEWAL
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Subchapter O. FOSTER AND ADOPTIVE HOME DEVELOPMENT
Chapter 702.
GENERAL ADMINISTRATION
Subchapter C. AGENCY RECORDS AND INFORMATION
Subchapter E. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
Subchapter G. TRAINING AND EDUCATION
Chapter 720.
24-HOUR CARE LICENSING
Chapter 725.
GENERAL LICENSING PROCEDURES
Subchapter OO. APPEALS OF LICENSING STAFF DECISIONS
Chapter 734.
PUBLIC INFORMATION
Subchapter B. CONFIDENTIALITY OF INFORMATION
Subchapter D. RECORDS MANAGEMENT
Subchapter E. PUBLIC INTEREST INFORMATION
Chapter 736.
MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES
Subchapter G. MEMORANDUM OF UNDERSTANDING FOR COORDINATED SERVICES TO CHILDREN AND YOUTHS
Subchapter I. MEMORANDUM OF UNDERSTANDING FOR CHILD PROTECTIVE SERVICES
Chapter 742.
CONTINUING EDUCATION