Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 44.
COMMUNITY CARE FOR AGED AND DISABLED PROJECT CHOICE
The Texas Department of Human Services (DHS) adopts the repeal of
all the rules in Chapter 44, §§44.1, 44.101 - 44.104, and 44.201
- 44.207, without changes to the proposal published in the February 7, 2003,
issue of the
Texas Register
(28 TexReg 1156).
Justification for the repeals is to eliminate an obsolete rule chapter
from the DHS rule base. Beginning in 1999, DHS operated two small client services
programs in pilot sites as part of Project CHOICE (Consumers Have Options
for Independence in Community Environments), which was funded by a grant to
the Texas Health and Human Services Commission (HHSC). Project CHOICE ended
when grant funding ceased in 2000. DHS, therefore, no longer needs the rules
governing this discontinued program in its rule base.
DHS received no comments regarding adoption of the repeals.
Subchapter A. DEFINITIONS
40 TAC §44.1
The repeal is adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Government Code, §531.021, which provides HHSC with
the authority to administer federal medical assistance funds.
The repeal implements the Human Resources Code, §§22.0001 - 22.038
and §§32.001 - 32.053.
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 April 2, 2003.
TRD-200302187
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 22, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.101 - 44.104
The repeals are adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Government Code, §531.021, which provides HHSC with
the authority to administer federal medical assistance funds.
The repeals implement the Human Resources Code, §§22.0001 - 22.038
and §§32.001 - 32.053.
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 April 2, 2003.
TRD-200302188
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 22, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.201 - 44.207
The repeals are adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Government Code, §531.021, which provides HHSC with
the authority to administer federal medical assistance funds.
The repeals implement the Human Resources Code, §§22.0001 - 22.038
and §§32.001 - 32.053.
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 April 2, 2003.
TRD-200302189
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 22, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 438-3734
Chapter 104.
DUE PROCESS HEARINGS, AND MEDIATION BY APPLICANTS/CLIENTS OF DETERMINATIONS BY AGENCY PERSONNEL THAT AFFECT THE PROVISION OF VOCATIONAL REHABILITATION SERVICES
The Texas Rehabilitation Commission (TRC) adopts amendments to Chapter
104 of Title 40, Texas Administrative Code, concerning due process hearings
and mediation. This adoption amends §§104.1-104.3, repeals §§104.4-104.9
and adds new §§104.4-104.8, without changes to the proposed text
as published in the February 7, 2003, issue of the
Texas Register
(28 TexReg 1158) and will not be republished.
The amendments are adopted to eliminate the distinction between formal
and informal appeal procedures, and to re-designate the procedures as "due
process hearings" in accordance with terminology in final rules effective
January 22, 2001 issued by the Office of Special Education and Rehabilitative
Services, US Department of Education, published at 34 CFR §361.57.
No comments were received regarding adoption of the rules.
40 TAC §§104.1 - 104.3
The amendments are adopted under the Texas Human Resources
Code, Title 7, Chapter 111, §111.018 and §111.023, which provides
the Texas Rehabilitation Commission with the authority to promulgate rules
consistent with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302284
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 424-4050
40 TAC §§104.4 - 104.9
The repeals are adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302285
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 424-4050
40 TAC §§104.4 - 104.8
The new sections are adopted under the Texas Human Resources
Code, Title 7, Chapter 111, §111.018 and §111.023, which provides
the Texas Rehabilitation Commission with the authority to promulgate rules
consistent with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302286
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 424-4050
The Texas Rehabilitation Commission (TRC) adopts a change to Title
40, Chapter 106, Subchapters A (General), §106.31, D (Purchase of Goods
and Services), §106.105, K (Historically Underutilized Businesses), §106.353
and §106.355, M (Miscellaneous Requirements), §106.451, and N (General
Requirements for Contractors) §106.459, concerning purchase of goods
and services by TRC, without changes to the proposed text as published in
the December 27, 2002, issue of the
Texas Register
(27 TexReg 12175) and will not be republished.
The change is necessary to make technical corrections to the text of the
rules.
No comments were received regarding adoption of the rules.
Subchapter A. GENERAL
40 TAC §106.31
The amendment is adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302288
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-4050
40 TAC §106.105
The amendment is adopted under the Texas Human Resources
Code, Title 7, Chapter 111, §111.018 and §111.023, which provides
the Texas Rehabilitation Commission with the authority to promulgate rules
consistent with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302289
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-4050
40 TAC §106.353, §106.355
The amendment is adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
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 April 27, 2003.
TRD-200302290
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-4050
40 TAC §106.451
The amendment is adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302291
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-4050
40 TAC §106.459
The amendment is adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
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 April 7, 2003.
TRD-200302292
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: April 27, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-4050
Chapter 182.
SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM
Subchapter B. PROGRAM ELIGIBILITY
Subchapter B. TRANSITION TO LIFE IN THE COMMUNITY PROGRAM
Subchapter C. PRESUMPTIVE ELIGIBILITY THROUGH THE PROJECT CHOICE PROGRAM
Part 2.
TEXAS REHABILITATION COMMISSION
Chapter 104.
INFORMAL APPEALS, AND MEDIATION BY APPLICANTS/CLIENTS OF DETERMINATIONS BY AGENCY PERSONNEL THAT AFFECT THE PROVISION OF VOCATIONAL REHABILITATION SERVICES
Chapter 104.
DUE PROCESS HEARINGS, AND MEDIATION BY APPLICANTS/CLIENTS OF DETERMINATIONS BY AGENCY PERSONNEL THAT AFFECT THE PROVISION OF VOCATIONAL REHABILITATION SERVICES
Chapter 106.
PURCHASE OF GOODS AND SERVICES BY TEXAS REHABILITATION COMMISSION
Subchapter D. PURCHASE OF GOODS AND SERVICES
Subchapter K. HISTORICALLY UNDERUTILIZED BUSINESSES
Subchapter M. MISCELLANEOUS REQUIREMENTS
Subchapter N. CONTRACT ADMINISTRATION
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING