Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
Chapter 417.
AGENCY AND FACILITY RESPONSIBILITIES
Subchapter A. STANDARD OPERATING PROCEDURES
The Texas Department of Mental Health and Mental Retardation (TDMHMR)
proposes new Chapter 417, Subchapter A, §§417.1-417.6, concerning
assignment and use of pooled vehicles, of Chapter 417, governing state authority
responsibilities.
The proposal of new §§417.1-417.6 is made to implement Texas
Government Code, §§2171.104, 2171.1045, and 2171.105, concerning
fleet management.
Bill Campbell, deputy commissioner for finance and administration, has
determined that for each year of the first five years the proposed new sections
are in effect, enforcing or administering the sections do not have foreseeable
economic implications relating to cost or revenue of the state or local government.
Sharon Hunter, director of support services, has determined that for each
year of the first five years the proposed new sections are in effect, the
public benefit expected is to improve operations of the department's vehicle
fleet.
It is anticipated that the proposed new sections will not affect a local
economy.
It is anticipated that the proposed new sections will not have an adverse
economic effect on small business or micro-business because they do not place
requirements on small businesses or micro-business.
Written comments on the proposal may be sent to Linda Logan, director,
Policy Development, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12669, Austin, Texas 78711-2668, within 30 days of publication.
1.
GENERAL REQUIREMENTS
25 TAC §§417.1 - 417.3
The new sections are proposed under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority and the Texas Government Code, §§2171.104
and 2171.1045, which the requires the department to adopt rules implementing
the fleet management plan. The proposed new sections affect the Texas Government
Code, §§2171.104, 2171.1045, and 2171.105.
§417.1.Purpose.
The purpose of this subchapter is to describe:
(1)
the standard operating policies and procedures for state
mental health facilities and state mental retardation facilities (facility);
(2)
requirements and rights of facilities; and
(3)
rights protections for individuals receiving services from
a facility.
§417.2.Application.
This subchapter applies to the facilities of the Texas Department of
Mental Health and Mental Retardation.
§417.3.Definitions.
The following words and terms when used in this subchapter shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Department - The Texas Department of Mental Health and
Mental Retardation (TDMHMR).
(2)
Facility - A state mental health facility or a state mental
retardation facility funded by the TDMHMR.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on December 29, 2000.
TRD-200009098
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: February 11, 2001
For further information, please call: (512) 206-4516
25 TAC §417.4
The new section is proposed under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority and the Texas Government Code, §§2171.104
and 2171.1045, which the requires the department to adopt rules implementing
the fleet management plan. The proposed new section affects the Texas Government
Code, §§2171.104, 2171.1045, and 2171.105.
§417.4.Assignment and Use of Pooled Vehicles.
(a)
Each vehicle in the department's vehicle fleet pool, with
the exception of vehicles assigned to field staff, is assigned to the department's
motor pool and made available for check out as needed. Because of the department's
organizational structure some vehicles may be permanently assigned to sub-pools
within divisions and made available only to employees within those divisions.
(b)
Pooled vehicles assigned on a regular or daily basis to
individual administrative or executive employees, require written documentation
that the assignment is critical to the needs and mission of the department.
Documentation for such assignments must be maintained at each facility and
sent to Central Office, Transportation, and the Office of Vehicle Fleet Management,
General Services Commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on December 29, 2000.
TRD-200009099
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: February 11, 2001
For further information, please call: (512) 206-4516
2.
TRANSPORTATION
3.
REFERENCES AND DISTRIBUTION