Part 2. TEXAS REHABILITATION COMMISSION

Chapter 106. PURCHASE OF GOODS AND SERVICES BY TEXAS REHABILITATION COMMISSION

Subchapter D. PURCHASE OF GOODS AND SERVICES

40 TAC §106.107

The Texas Rehabilitation Commission (TRC) proposes a change to Title 40, Chapter 106, §106.107, concerning purchase of goods and services by TRC. The change is being proposed to update the schedule of rates the Commission will pay for medical services for 2003 - 2004.

Bill Wheeler, Deputy Commissioner for Financial Services, has determined that for the first five-year period the section is in effect, there will be no material fiscal implications for state or local government.

Mr. Wheeler 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 the agency's compliance with Chapter 111, Human Resources Code. There will be no material effect on small or micro businesses. There is no material anticipated economic cost to persons who are required to comply with the section as proposed. In accordance with Government Code section 2001.022, TRC has determined that the proposed rule will not affect a local economy.

Comments on the proposal may be submitted to Roger Darley, Deputy General Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite 7300, Austin, Texas 78751.

The amendment is proposed 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.

No other statute, article, or code is affected by this proposal.

§106.107.Schedule of Rates.

Pursuant to Human Resources Code, §111.0552(b) and Texas Administrative Code Title 40, §106.105(3), the Board of the Texas Rehabilitation Commission adopts by reference the annual schedule rates the Commission will pay for medical services, to be effective September 1, 2003 [ September 2, 2002 ]. The schedule of rates may be viewed or copies may be obtained by calling the Texas Rehabilitation Commission at (512-424-4019) or visiting the Texas Rehabilitation Commission at the Brown Heatly Building at 4900 North Lamar; Austin, Texas; 78751.

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 17, 2003.

TRD-200302511

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Texas Rehabilitation Commission

Earliest possible date of adoption: June 1, 2003

For further information, please call: (512) 424-4050

Chapter 809. CHILD CARE AND DEVELOPMENT

Subchapter A. GENERAL PROVISIONS

40 TAC §809.5

The Texas Workforce Commission (Commission) proposes new §809.5, concerning Stay for Children of Military Parents in Combat Deployment.

The proposed new §809.5 provides for the continuity of child care services for affected children and alleviates any potential hardship on military parents deployed to combat conditions. Military personnel in combat deployment receive supplemental combat pay. The supplemental pay, if included in the income eligibility calculation, could make the deployed parent ineligible for child care services.

The proposed rule states that no children of military parents in combat deployment will suffer a disruption of child care services or eligibility due to combat deployment. It also freezes the parents' share of cost for those parents and authorizes the boards to take appropriate action to ensure that there is no disruption of care to the children of military parents in combat deployment.

The section adds a definition of "combat deployment" as the deployment to military combat away from the home base of the single military parent or the dual military parents of an eligible child enrolled in TWC subsidized child care. The definition includes parents in the regular military, the reserves, or national guard.

Randy Townsend, Chief Financial Officer, has determined that for each year of the first five years the rule will be in effect, the following statements will apply:

There are no additional estimated costs to the state and to local governments expected as a result of enforcing or administering the rule;

There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule;

There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule;

There are no foreseeable implications relating to costs or revenue of the state or local governments as a result of enforcing or administering the rule; and

There are no anticipated economic costs to persons required to comply with the rule.

Mr. Townsend has also determined that there is no anticipated adverse impact on small businesses as a result of enforcing or administering the rule because small businesses are not regulated or required to do anything by the rule.

James Barnes, Director of Labor Market Information, has determined that there is no significant negative impact upon employment conditions in this state as a result of the proposed rule.

Donna Garrett, Director of Child Care Services, has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be to provide for continuity of child care services for children of military parents in combat deployment.

For information about services for employers and job seekers go to www.texasworkforce.org or contact your local workforce development board.

Comments on the proposal may be submitted to John Moore, General Counsel, Texas Workforce Commission, 101 East 15th Street, Room 614, Austin, Texas 78778, (512) 463-3041. Comments may also be submitted via fax to (512) 463-1426 or e-mailed to: John.Moore@twc.state.tx.us. Comments must be received by the Agency within thirty days from the date of the publication in the Texas Register .

The new section is proposed under Texas Labor Code §301.061 and §302.002, which provide the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities.

The new section affects Texas Labor Code, Title 4, Texas Human Resources Code Chapter 44, as well as Texas Government Code Chapter 2308.

§809.5.Children of Military Parents in Combat Deployment.

(a) For purposes of this section "combat deployment" means the deployment to military combat away from the home base of the single military parent or the dual military parents of an eligible child enrolled in TWC subsidized child care. This includes deployed parents in the regular military, military reserves, or national guard.

(b) A board shall ensure that no children of military parents in combat deployment have a disruption of child care services or eligibility due to the combat deployment.

(c) Board actions may include but are not limited to:

(1) disregard increased income related to the combat deployment;

(2) freezing the parents' share of cost during the combat deployment; and

(3) other actions approved by the Board necessary to implement this section.

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 16, 2003.

TRD-200302493

John Moore

General Counsel

Texas Workforce Commission

Earliest possible date of adoption: June 1, 2003

For further information, please call: (512) 463-2573