TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 3. TEXAS WORKS

Subchapter OO. ELECTRONIC BENEFIT TRANSFER (EBT) RETAILER REQUIREMENTS

40 TAC §3.5006

The Texas Department of Human Services (DHS) proposes an amendment to §3.5006, concerning off-line (manual) transactions, in its Electronic Benefit Transfer (EBT) Retailer Requirements chapter. The purpose of the amendment is to comply with a federal interpretation and the implementation of the new multi-vendor EBT system.

Eric M. Bost, commissioner, has determined that for the first five- year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Bost also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of adoption of the proposed rules will be to simplify participating retailer requirements. There will be no adverse economic effect on large, small, or micro businesses, because the proposal makes acceptance of manual vouchers for food stamps an option for retailers. Previously, accepting manual vouchers for food stamps was a requirement for retailers. The proposal also extends the EBT retailer management vendor's processing time frame for manual vouchers. There is no anticipated economic cost to persons who are required to comply with the proposed section.

Questions about the content of this proposal may be directed to Jim Rammage at (512) 231-5764 in DHS's Lone Star Technology Department. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-129, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

Under §2007.003(b) of the Texas Government Code, the department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.

The amendment is proposed under the Human Resources Code, Title 2, Chapter 31, which authorizes the department to administer financial assistance programs.

The amendment implements the Human Resources Code, §31.001- 31.325.

§3.5006.Off-Line (Manual) Transactions.

(a)

(No change.)

(b)

Manual vouchers with preliminary telephone verification. The following procedures apply when a retailer uses manual vouchers with preliminary telephone verification:

(1)

A retailer may, at his option, [ must ] process off-line (manual)Food Stamp program redemptions and [ accounts when he is able to contact the EBT call center by telephone. A retailer may, at his option, process off-line (manual) ] Temporary Assistance for Needy Families (TANF) program cash-back redemptions when he is able to contact the EBT call center by telephone.

(2)

(No change.)

(c)

Manual voucher submission and processing. This subsection applies to manual vouchers with delayed telephone verification and preliminary telephone verification.

(1)

The manual voucher must be: [ The following information must be entered properly and legibly on the manual voucher form: ]

(A)

completed properly and legibly; [ full names of the client and the sales clerk; ]

(B)

signed by the client; [ client's primary account number (PAN) (this is the embossed number on the client's EBT debit card); ]

(C)

initialed by the sales clerk; and [ total purchase amount; ]

(D)

authorized by telephone and bear the telephone authorization number. [ date of purchase; and ]

[ (E)

telephone authorization number.]

(2)

(No change.)

(3)

The retailer management EBT contractor must process submitted manual vouchers within three [ two ] banking business days of receipt.

(4)

(No change.)

(d)

(No change.)

(e)

Liability for off-line transactions. Liability is assessed as follows:

(1)-(2)

(No change.)

(3)

A retailer is not required to process off-line (manual) transactions [ except when he is able to contact the EBT call center by telephone for authorization ]. If authorization cannot be obtained before or at the time of purchase, a retailer assumes the risk of insufficient benefits being available in the client's account.

(4)

(No change.)

(f)

(No change.)

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 May 18, 2001.

TRD-200102789

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 1, 2001

For further information, please call: (512) 438-3108


Part 6. TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING

Chapter 183. BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION

Subchapter B. PASSING SCORES

40 TAC §183.117

The Texas Commission for the Deaf and Hard of Hearing (TCDHH) is proposing an amendment to §183.117, concerning Passing Scores. This amendment has two purposes: (1) to change the procedure for reporting test results to individuals who take the Level I performance test, and (2) to remove the interactive sections from the Level III performance test and to rearrange the information in this section.

David W. Myers, Executive Director, has determined that for each year of the first five years the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Myers has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of this amendment will be streamlining the evaluation process and more efficient reporting of test results to interpreter candidates and provide a comprehensive illustration of the passing scores required for receiving certification. There will be no effect on small businesses. There is no anticipated economic hardship to persons required to comply with the section as proposed.

Comments on this proposed amendment may be submitted to Angela Bryant, Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711-2904.

This amendment is proposed 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.

§183.117.Passing Scores.

The following table show passing scores for the commission examinations.

Figure 1: 40 TAC §183.117

Figure 2: 40 TAC §183.117 (No change.)

Figure 3: 40 TAC §183.117 (No change.)

Figure 4: 40 TAC §183.117 (No change.)

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 May 15, 2001.

TRD-200102720

David Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Earliest possible date of adoption: July 1, 2001

For further information, please call: (512) 407-3250