40 TAC §701.271
The Texas Department of Protective and Regulatory Services
(TDPRS) proposes an amendment to §701.271, concerning appropriated state
and federal funds, in its Community Initiatives chapter. The purpose of the
amendment is to allow TDPRS some flexibility in implementing Communities In
Schools (CIS) funding allocation methodology. This flexibility may be used
to limit the amount of money a local CIS program might lose due to a new biennial
allocation calculation. Failure to limit such losses could significantly impact
service delivery by many local CIS programs. TDPRS published a proposed amendment
on this subject in the April 6, 2001, issue of the
Texas Register
(26 TexReg 2654), which TDPRS is withdrawing in this
issue of the
Texas Register
. The new proposal
corrects an administrative error, and reflects the rule approved by the Board
at its March 23, 2001 meeting.
Mary Fields, Budget and Federal Funds Director, has determined that for
the first five-year period the proposed section will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the section.
Ms. Fields 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 enforcing
the section will be minimal disruption to local CIS programs because of a
reduction of state funding. There will be no effect on large, small, or micro-businesses
because they are not stakeholders in the CIS funding formula. There is no
anticipated economic cost to persons who are required to comply with the proposed
section.
Questions about the content of the proposal may be directed to Thomas Chapmond
at (512) 38-3309 in TDPRS's Prevention and Early Intervention Division. Written
comments on the proposal may be submitted to Texas Register Liaison, Legal
Services-172, Texas Department of Protective and Regulatory Services E-611,
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
this rule. Accordingly, the department is not required to complete a takings
impact assessment regarding this rule.
The amendment is proposed under the Human Resources Code (HRC), §40.029,
which authorizes the department to adopt rules to facilitate implementation
of departmental programs, and the Texas Family Code, §264.746, which
authorizes the Texas Department of Protective and Regulatory Services to develop
and implement an equitable funding formula for the funding of local Communities
In Schools programs.
The amendment implements the Texas Family Code, §264.746.
§701.271.Appropriated State and Federal Funds.
(a)
(No change.)
(b)
Continuation Funding.
(1)
(No change).
(2)
Notwithstanding subsection (b) of this section, TDPRS may
choose
, for the purpose of minimizing disruption in services due to changes
in funding allocation, to limit the annual amount of changes in funding allocation
from one biennium to the next to avoid a potential disruption in services.
Any new allocation shall be calculated and distributed to CIS contractors
by September 1 of the fiscal year for which funding is being allocated.
[
to allocate as necessary to maintain the funding levels initially allocated
by the Texas Workforce Commission for fiscal year 1999. Levels initially allocated
shall refer to funds allocated at the beginning of fiscal year 1999 to the
existing CIS programs. This paragraph shall expire August 31, 2000
].
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 April 26, 2001.
TRD-200102419
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: June 22, 2001
For further information, please call: (512) 438-3437