Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor proposes amendments to Subchapter B §3.87;
and Subchapter C §3.505, §3.719, and §3.1413.
The proposed amendments provide processes and procedures relating to grants
made through the Criminal Justice Division and include, but are not limited
to, program income, eligible applicants under the Victims of Crime Act Fund,
district attorney agreement under the Edward Byrne Memorial Fund, and grant
period under the Rural Domestic Violence and Child Victimization Enforcement
Program.
The proposed amendment to §3.87(e) adds language that was previously
contained in §3.719(a)(5) because this language relates primarily to
program income. The proposed amendment also adds the words "accrued interest"
to §3.87(e) because accrued interest is a type of program income.
The proposed amendment to §3.505 conforms the list of eligible applicant
under the Victims of Crime Act Fund to the federal requirements for this funding
source.
The proposed amendment to §3.719(a)(4) allows a district attorney
who does not have a CJD-funded attorney: (1) to recover some of the cost associated
with handling civil forfeiture proceedings; and (2) to develop standardized
equitable sharing guidelines for funds, accrued interest, and property attributable
to the efforts of a task force that are similar to guidelines applied to funds,
accrued interest, and property attributable to the efforts of other law enforcement
agencies. In addition, the language in §3.719(a)(5) is deleted and is
added to §3.87(e) because this language relates primarily to program
income.
The proposed amendment to §3.1413 increases the length of the grant
period to 24 months for grants awarded under the Rural Domestic Violence and
Child Victimization Enforcement Program in accordance with the federal requirements
for this funding source.
The Office of the Governor reviewed the rules affecting the Criminal Justice
Division grant processes and procedures with the goal of increasing efficiency
and updating the rules to address changes in the administration process. The
review disclosed that a number of the rules required further clarification
and simplification. As a result, the Office of the Governor has determined
that the sections in the Texas Administrative Code identified above should
be amended.
Tom Jones, Director of Accounting for the Criminal Justice Division, has
determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. Jones also has determined that for the first five-year period that
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be more efficient processes and procedures and the current
rules will be more easily understood. There will be no anticipated economic
cost to persons or small businesses for complying with the sections. There
will be no anticipated economic costs to persons who are required to comply
with the proposed amendments.
Comments on the proposed amendments may be submitted to Heather Morgan,
Office of the Governor, Criminal Justice Division, at hmorgan@governor.state.tx.us;
P. O. Box 12428, Austin, Texas 78711; or (512) 463-1919. Comments must be
received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
Subchapter B. GENERAL GRANT PROGRAM POLICIES
2.
GRANT BUDGET REQUIREMENTS
1 TAC §3.87
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.87.Program Income.
(a)
Rules governing the use of program income are included
in the provisions adopted by reference in §3.19 of this chapter.
(b)
Grantees must use program income to supplement project
costs or to offset project costs. Program income may only be used for allowable
project costs. Otherwise, grantees must refund program income to CJD. The
use of program income must be reflected in the budget.
(c)
CJD may require or allow a grantee to transfer the CJD
portion of program income and property to another grant, grantee or to CJD.
(d)
Grantees must submit written requests to CJD to carry program
income forward from one grant year to the next within 90 calendar days after
the end of the grant period. Grantees may not carry program income forward
without written CJD approval.
(e)
All funds, accrued interest,
and property awarded to a grantee under a forfeiture action represent program
income, and these funds shall be added to the funds committed to the project
in accordance with federal regulations as adopted by reference in §3.19
of this chapter.
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 January 27, 2003.
TRD-200300666
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-1919
5.
VICTIMS OF CRIME ACT FUND
1 TAC §3.505
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.505.Eligible Applicants.
(a)
State agencies, units of local government, nonprofit corporations,
Native American tribes, crime control and prevention districts, universities,
community supervision and corrections departments,
COGs,
and faith-based
organizations that provide direct services to victims of crime are eligible
to apply for grants under this fund.
In addition, upon
[
(b)
All applicants must meet one of the following criteria:
(1)
the applicant has a record of providing effective services
to crime victims; or
(2)
if an applicant does not have a demonstrated record of
providing such services, it must show that at least 25 percent of its financial
support comes from non-federal sources.
(c)
All applicants must meet each of the following criteria:
(1)
applicants must use volunteers, unless CJD determines that
a compelling reason exists to grant an exception;
(2)
applicants must promote community efforts to aid crime
victims;
(3)
applicants must help victims apply for compensation benefits;
(4)
applicants must maintain and display civil rights information;
(5)
applicants must provide services to victims of federal
crimes on the same basis as victims of state and local crimes;
(6)
applicants must provide grant-funded services at no charge
to victims, and any deviation requires prior written approval by CJD; and
(7)
applicants must maintain the confidentiality of all client-counselor
information and research data, as required by state and federal law.
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 January 27, 2003.
TRD-200300667
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-1919
1 TAC §3.719
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.719.District Attorney Agreement.
(a)
All applications for multi-jurisdictional task forces under
the Edward Byrne Memorial Fund program must include agreements executed by
the appropriate district attorneys in accordance with the following rules:
(1)
district attorneys must diligently pursue all prosecutable
forfeiture actions arising from operations initiated and investigated by the
task force;
(2)
property seized by the task force under the provisions
of law shall remain in the custody of the task force until final disposition
of the forfeiture action;
(3)
funds seized by the task force may be placed in the custody
of the district attorney until final disposition of the forfeiture action
provided such funds are maintained in a separate bank account subject to review
by the task force and CJD;
(4)
upon final disposition of the forfeiture action, all funds,
accrued interest, and [
[
(5)
[
(b)
Applications for multi-jurisdictional task forces under
the Edward Byrne Memorial Fund program must include executed agreements for
each county listed in the task force impact area. Counties must be contiguous
and the participating district attorney may not execute an agreement with
more than one task force project. A waiver may be granted by CJD in cases
where a city's jurisdictional limits extend beyond a single county. The waiver
will cover only that portion of the city that extends into the neighboring
county.
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 January 27, 2003.
TRD-200300668
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-1919
1 TAC §3.1413
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.1413.Grant Period.
The grant period for any grant awarded under this program is
24
[
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 January 27, 2003.
TRD-200300669
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-1919
Chapter 55.
CHILD SUPPORT ENFORCEMENT
Subchapter M. INTERCEPT OF INSURANCE CLAIMS
1 TAC §§55.601 - 55.606
The Office of the Attorney General proposes new Subchapter
M, §§55.601 - 55.606, pertaining to Intercept of Insurance Claims.
The new sections are proposed pursuant to Texas Family Code §231.015.
Texas Family Code §231.015 was enacted by the 77th Legislature Regular
Session (2001), House Bill 1365, effective September 1, 2001, and State law
(Texas Family Code §231.015) requires the State's Title IV-D agency to
establish procedures by rule.
Section 55.601. describes §231.015 of the Family Code.
Section 55.602. explains how the Child Support Lien Network is set-up.
Section 55.603. explains the process for data matches.
Section 55.604. explains how to register for access to the data base.
Section 55.605. explains protection for the insurance companies.
Section 55.606. explains the Title IV-D's confidentiality and security.
Cynthia Bryant, Deputy Attorney General for Child Support, has determined
that for the first five years these sections as proposed are in effect, there
will be no fiscal implications for state or local government.
Ms. Bryant has also determined that for each year of the first five years
the sections as proposed are in effect, the public benefit as a result of
these new sections will be increased child support collections as a result
of child support liens being imposed on insurance settlement or awards owed
to delinquent child support obligors.. In that these new sections merely describe
the procedures that a financial institution will follow in complying with
a voluntary program established under an already existing State statute, the
new sections do not create any new economic costs for insurance companies,
nor does the proposed new sections have any anticipated adverse effect on
small or micro-businesses.
Ms. Bryant has also determined that there will be no local employment impact
as a result of these proposed new sections.
Comments on these proposed new sections should be submitted to Hayley Hall,
Business Improvement Section, Child Support Division, Office of the Attorney
General, (physical address) 5500 East Oltorf, Austin, Texas, 78741 or (mailing
address) P.O. Box 12017, mail code 046, Austin, Texas 78711-2017.
The new sections are proposed under the authority of Texas Family
Code §231.015, which is affected by Federal law (42 USC 666).
The proposed new sections are affected by Texas Family Code §231.015.
§55.601.Scope.
Section 231.015 of the Family Code tasks the Child Support Division
of the Office of the Attorney General, in consultation with the Texas Department
of Insurance and representative of the insurance industry, with establishing
by rule a pilot program whereby insurance companies may voluntarily cooperate
with the Child Support Division in matching the names of those individuals
who are or may be due liability insurance settlements or awards with the names
of obligors who owe past-due child support. When such an individual is identified,
the Child Support Division will file a child support lien on the pending settlement
or award to secure the payment of past-due support. This subchapter explains
how the matching process and the lien process work.
§55.602.Child Support Lien Network.
The Office of the Attorney General has joined the Child Support Lien
Network (CSLN), a consortium of State child support enforcement agencies headed
by the State of Rhode Island and Providence Plantations. Each of the participating
State provides CSLN with a periodically updated list of its child support
obligors. CSLN provides participating insurance companies with two methods
of matching a pending settlement or award: an automatic data match, or an
interactive lookup. The automatic data match is preferred because insurance
companies need only take action on those claims that electronically match
to a child support obligor.
§55.603.Automated Data Match.
(a)
An insurance company can conduct an automatic electronic
interface of its pending claims against the list of child support obligors
through Insurance Service Office (ISO). ISO is an industry service provider,
headquartered in New Jersey, which maintains the a claim search system to
assist subscribing insurance companies in fraud detection.
(b)
An insurance company desiring to participate in the automatic
data matching process must give ISO permission to match its claim data with
CSLN. ISO may be contacted at (800) 877-4476 or by email at njsupport@iso.com.
(c)
CSLN matches its list of child support obligors daily against
the ISO claim data.
(d)
A participating insurance company will receive a notice
of child support lien (or wage withholding instrument for a workers' compensation
claim) only on those claims that the company has registered with ISO and that
match the name of an obligor who owes past-due child support. This allows
the insurance company to focus work efforts on only those claimants that actually
require child support enforcement activity.
§55.604.Interactive Lookup.
(a)
An insurance company may choose to check the name of an
individual insurance claimant to see if there are outstanding child support
obligations by accessing the CSLN data base of child support obligors.
(b)
To register for access to this data base, a company must:
(1)
go to the Office of the Attorney General's child support
lien web page at http://www.childsupportliens.com/TX/ ;
(2)
click on the "Register" label in the left margin and complete
and electronically submit the registration form; and
(3)
print, sign and fax to CSLN at 888-430-6907 a copy of the
confidentiality statement.
(c)
Once the insurance company registration information has
been reviewed and the signed confidentiality statement has been received,
secure access to the data base of child support obligors will be approved.
The company will be notified via e-mail of access approval. This notice will
include the user id that has been assigned, the web site address and basic
instructions.
(d)
Insurance companies are encouraged to query the CSLN data
base of child support obligors as early as possible in the claims process,
but not later than 30 days before a claim settlement if possible.
(e)
The insurance company receives immediate notification of
the status of the match.
(1)
If there is no match, the insurance company is informed.
(2)
If there is a positive match, the insurance company is
informed and provided the basic match data.
(3)
If there are multiple possible matches within one state,
the insurance company is asked to call CSLN to identify the correct obligor.
(4)
If there are multiple possible matches within more than
one state, the insurance company is notified that CSLN will work with the
insurance company and the affected states to determine the appropriate course
of action.
(f)
When an interactive match occurs, CSLN notifies the State
child support enforcement agency of a match. The State child support agency
will send a notice of child support lien (or, in the case of a worker's compensation
claim, a wage withholding instrument) to the company.
§55.605.Protection from Liability of Insurance Company for Disclosure of Information.
(a)
An insurance company that provides information or otherwise
responds to a notice of child support lien or levy under Subchapter G, Chapter
157, or acts in good faith to comply with procedures established in the pilot
program under this section 231.015 is not liable for those acts under any
law to any person.
(b)
The federal Social Security Act (42 USC 666(a)(17)(C)(ii))
provides that a financial institution shall not be liable under any federal
or state law to any person for encumbering or surrendering any assets it holds
in response to a notice of lien or levy issued by the state child support
enforcement agency.
§55.606.Confidentiality and Security.
(a)
The Title IV-D agency shall consider any information received
from an insurance company as confidential. Such information shall be used
or disclosed by the Child Support Division only for the purpose of collecting
past-due child support or for other purposes as enumerated in subsection (c)
of Family Code §231.108.
(b)
In accordance with section 453 of the federal Social Security
Act, any information provided by the Child Support Division to an insurance
company, or its designated agent, for the purpose of conducting a data match
may not be used by the institution or its agent for any other purpose and
may not be disclosed to any person except to the extent necessary to conduct
the data match. The insurance company or its agent shall destroy or erase
all information provided to the company after completion of a data match.
This subsection does not apply to data contained in a child support lien or
other encumbering instrument received from the Child Support Division after
the data match process.
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 January 24, 2003.
TRD-200300625
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: March 9, 2003
For further information, please call: A.G. Younger, Agency Liaison, at
(512) 463-2110
Chapter 173.
INDIGENT DEFENSE GRANTS
Subchapter D. ADMINISTERING GRANTS
1 TAC §173.309
The Task Force on Indigent Defense (Task Force) is a permanent
Standing Committee of Texas Judicial Council. The Task Force on Indigent Defense
(Task Force) proposes an amendment to §173.309, concerning permitting
the Task Force at its discretion to authorize extensions to grants awarded
under the indigent defense grant program, rather than only at the request
of a grantee county in accordance with §173.307(c)(3).
Chapter 173 establishes the guidelines for the administration of a new
grant program for counties to improve indigent defense services. The proposed
amendment will give the Task Force flexibility to extend grant periods to
ensure that counties have sufficient time to expend grant funding previously
awarded.
Ms. Glenna Rhea Bowman, Chief Financial Officer of the Office of Court
Administration, has determined that for each year of the first five years
the proposed amendment is in effect, enforcing or administering the section
does not have foreseeable implications relating to cost or revenues of state
or local government.
Ms. Bowman has determined that there will be no material economic costs
to persons who are required to comply with the proposed amendment, nor does
the proposed amendment have any anticipated adverse effect on small or micro-businesses.
Mr. Jim Bethke, Director of the Task Force, has also determined that for
each of the first five-year period the proposed amendment is in effect the
public benefit will be an improvement in the quality of indigent defense services
because any grant period extensions that may be made under this proposed amendment
will allow counties the opportunity to expend previously granted funds to
improve their indigent defense systems.
Comments on the proposed amendment may be submitted in writing to Wesley
Shackelford, Special Counsel, Task Force on Indigent Defense, P.O. Box 12066,
Austin, Texas 78711-2066, or by fax to 512-475-3450 no later than 30 days
from the date that these proposed rules are published in the
Texas Register
.
The amendment is proposed under the authority of Texas Government
Code §71.062 (Technical Support; Grants), concerning the grant and aid
program, that provides the Task Force authority to provide grants to assist
counties to improve indigent defense practices in the state and to promote
compliance with state law concerning indigent defense practices. The Task
Force interprets Texas Government Code §71.062 to require the Task Force
to adopt by rule the guidelines for administering the grant program.
No other statutes, articles, or codes are affected by the proposed amendment.
§173.309.Grant Termination.
(a)
The grant will terminate at the end of the date specified
in the grant award, unless an extension is granted in accordance with §173.307(c)(3)
or the Task Force otherwise decides to modify the grant period.
(b)
If a grantee wishes to terminate a grant in whole or in
part before the end of the grant period, the grantee must notify the Task
Force in writing. The Task Force or its designee will make arrangements with
the grantee for the early termination of the grant.
(c)
The Task Force may terminate any grant, in whole or in
part, when:
(1)
a grantee fails to comply with any term or condition of
the grant or the grantee has failed to comply with any applicable rule;
(2)
the grantee and the Director of the Task Force agree to
do so;
(3)
grant funds are no longer available; or
(4)
conditions exist that make it unlikely that grant or program
objectives will be accomplished.
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 January 17, 2003.
TRD-200300313
Wesley Shackelford
Special Counsel
Texas Judicial Council
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 936-6994
Chapter 355.
MEDICAID REIMBURSEMENT RATES
Subchapter G. TELEMEDICINE SERVICES AND OTHER COMMUNITY-BASED SERVICES
Subchapter C. FUND-SPECIFIC GRANT POLICIES
Upon
] CJD approval, COGs may receive grants to function as a conduit agency
to aid in the selection and management of qualified subgrantees. Faith-based
organizations must be tax-exempt nonprofit entities certified by the Internal
Revenue Service. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
7.
EDWARD BYRNE MEMORIAL FUND
all
] property attributable to the efforts
of the task force shall be awarded to the task force;
however, if the
task force does not have a CJD-funded attorney, the district attorney may
retain up to 25 percent of the state’s portion of the final judgment
amount; and
(5)
all property and funds awarded
to the task force under forfeiture action represent program income, and these
funds shall be added to the funds committed to the project in accordance with
federal regulations as adopted by reference in §3.19 of this chapter;
and]
(6)
] the agreement shall be in effect
for the entire term of the task force grant (from the start date listed on
the Statement of Grant Award until the end date listed thereon).
14.
RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM
15
] months.
Part 3.
OFFICE OF THE ATTORNEY GENERAL
Part 8.
TEXAS JUDICIAL COUNCIL
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION