Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Chapter 709.
EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT INTEGRATED BEHAVIOR MANAGEMENT SERVICES IN FOSTER CARE SETTINGS
40 TAC §§709.101 - 709.113
The Texas Department of Protective and Regulatory Services
(TDPRS) adopts the repeal of Chapter 709, consisting of §§709.101-709.113,
without changes to the proposed text published in the September 1, 2000, issue
of the
Texas Register
(25 TexReg 8618).
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
deleting obsolete rules in this chapter because TDPRS never implemented the
Early and Periodic Screening, Diagnosis, and Treatment Integrated Behavior
Management Services in Foster Care Settings program.
The repeal will function by deleting obsolete rules.
No comments were received regarding adoption of the repeal.
The repeals are adopted under the Human Resources Code, §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 December 20, 2000.
TRD-200008878
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 1, 2001
Proposal publication date: September 1, 2000
For further information, please call: (512) 438-3437
Chapter 833.
COMMUNITY DEVELOPMENT INITIATIVES
The Texas Workforce Commission (Commission) adopts new Chapter 833.
Community Development Initiatives, Subchapter A, General Provisions, §833.1
and Subchapter B, Texas Individual Development Account Pilot Project, §§833.11-833.15,
concerning the establishment and operation of the Texas Individual Development
Account Pilot Programs. Section 833.14 is adopted with changes to the proposed
text as published in the October 27, 2000 issue of the
Texas Register
(25 TexReg 10719) and will be republished. Sections
833.1, 833.11-833.13, and 833.15 are adopted without changes and will not
be republished.
Purpose. One of the primary goals of the Commission is to prepare, place
and retain individuals in employment. Texas Labor Code §302.0672 and §302.068
provide for the establishment of a pilot program for providing an opportunity
for certain qualified individuals to accumulate assets and to facilitate and
mobilize savings to recipients of public assistance to assist these individuals
in making the transition into the workforce from public assistance.
The adopted rules describe the operation of the individual development
account pilot programs.
New Chapter 833 is added to set a location for services and activities
related to Community development initiatives.
New Subchapter A and §833.1 are added to include the general provisions
relating to the chapter.
New Subchapter B, including §§833.11-833.15 are added for the
purpose of setting forth the purpose, program design, intent, funding, definitions,
selection criteria for the Individual Development Account Pilot Project, and
requirements for account administrators.
The purpose of the Individual Development Account Pilot Project is to provide
certain low-income individuals who choose to participate in the pilot with
an opportunity to accumulate assets and to facilitate and mobilize savings.
Section 833.13 sets forth a number of terms defined for the purpose of clarifying
terms that will apply to the operation of the Individual Development Account
Pilot Project.
The Commission also intends that a pilot project have a strong relationship
with its respective Board. The response to the request for proposal shall
contain proof of support by the respective Board of the proposed pilot project.
The Commission received comments from one commenter, from the West Central
Texas Workforce Board. The commenter expressed both support and concerns regarding
particular aspects of the rules. A summary of the comments and the responses
are set forth as follows.
Comment: The Commenter stated that, although the rules state the Commission's
intent that there be a strong relationship between the pilot project and the
Boards, the rules do not clearly require such a relationship. While the Commenter
supports the pilot project, the Commenter did not agree with competitively
procuring the pilot project outside the Board system. The Commenter stated
that the proposed pilot project should be competitively procured at the local
level by Boards and recommends that eligibility for the pilots be restricted
to Boards, or Boards in partnership with their Texas Workforce Center contractors.
Response: The Commission agrees that coordination between Boards and the
entities awarded the pilot project is essential, because the individuals being
served may also be availing themselves of services through the Texas Workforce
Centers. The Commission is charged with implementing the specific requirements
of the state law, which are slightly different from current law allowing Boards
to administer individual development accounts funded directly with allocated
Temporary Assistance for Needy Family (TANF) funds. The new state law authorized
no direct funding for the pilot, but the Commission has identified limited
funding to implement a two-year pilot project; continued and sustained funding
may not be assured. The Commission believes a state-level procurement to be
the most efficient and effective way to minimize administrative expenses and
maximize funds for services to eligible individuals. The Commission recognizes
the need for collaboration and cooperation at the local level. Therefore,
the Commission has clarified that Boards may respond to the procurement or
collaborate and coordinate with other responding entities. The Commission
has also clarified that coordination with financial institutions is important
for the success of the demonstration projects and thus amends §833.14(d).
Comment: The Commenter stated that the definition of "designated area"
at §833.13(2) seems to significantly limit the ability of rural areas
to apply for the pilot project. The Commenter also stated that while the larger
counties may apply simply on the basis of population, the rural areas must
have higher poverty rates. The Commenter recommended that the rules be revised
to allow rural areas to compete solely based on population.
Response: The Commission agrees that the law establishes a higher standard
for rural areas based on poverty factors, rather than population. However,
the designation of areas in §833.13(2) reflects the specific requirements
as set out in the law governing the pilot project. For that reason, the Commission
may not change the areas statutorily defined to be served by the pilot project.
Subchapter A. GENERAL PROVISIONS
Part 20.
TEXAS WORKFORCE COMMISSION