Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 69.
CONTRACT ADMINISTRATION
The Texas Department of Human Services (DHS) adopts the repeals of §§69.201-
69.212, 69.220, 69.266, and 69.275-69.279; and adopts new §§69.1-69.4,
69.11-69.19, 69.31-69.40, 69.51-69.55, 69.71-69.73, 69.81, 69.91-69.93, 69.101-69.103,
69.111-69.118, 69.131-69.139, 69.151-69.160, and 69.171-69.186 without changes
to the proposed text published in the March 5, 2004, issue of the
Texas Register
(29 TexReg 2270).
DHS is adopting the repeals and new sections as part of an agency-wide
initiative to reorganize and rewrite its rules in plain English to make them
easier for the public to navigate and understand. During the course of the
rewrite, DHS determined that §69.212, concerning Year 2000 responsibilities,
was obsolete and could be removed from the rule base. DHS is repealing §69.204,
concerning required disclosure of current or previous employment at DHS, in
deference to its existing contracting ethics rule at §79.1806.
DHS consulted with internal and external stakeholders throughout the rewrite
process. There was some concern among internal stakeholders that a contractor's
entering a subcontract without prior written approval should be grounds for
contract termination and that the rules should state that DHS does not resolve
disputes between a contractor and its subcontractors. New §§69.51,
69.54, and §69.103 thus make these provisions.
DHS is adopting new §69.4, concerning written inquiries from contractors,
to be in compliance with Human Resources Code, §22.019, which requires
DHS to have a rule that it will respond in writing to each written inquiry
from a contractor no later than the 14th day after receiving the inquiry.
To align DHS's definition of a solicitation package with that of the Texas
Health and Human Services Commission, DHS is adopting new §69.17. DHS
is adopting new §69.101, regarding actions DHS can take against a contractor
in the case of a dispute, to reflect language in Office of Management and
Budget (OMB) Circular A-102 §__.43(a). New §69.131 and §69.132
clarify that DHS can use both recoupment and restitution to recover improper
payments, which brings the rules up to date with current practice. DHS is
adopting new §§69.151-69.154 and §69.160 to provide safeguards
to restrict the use or disclosure of client data by a contractor, as required
by Human Resources Code, §21.012. New §69.155 and §69.156 are
adopted so that DHS will be in compliance with the Government Code, §2262.003,
which was added by the 78th Texas Legislature in Senate Bill 19, requiring
state agencies to include a provision in their contracts giving the state
auditor access to contractors' and subcontractors' records. New §69.172(2)
changes the period of debarment from a maximum of six years, unless a longer
time is mandated by other requirements, to a length of time commensurate with
the severity of the contractor's or potential contractor's actions to allow
for circumstances in which it may be improper for DHS to initiate a contract
with an entity or individual even after six years of debarment (for example,
if the entity or individual is still fulfilling court sanctions or is unable
to pass background checks). The new rules also delineate between vendors and
subrecipients as required by OMB Circular A-133 §__.210.
DHS received no comments regarding adoption of the repeals or new sections.
Subchapter A. GENERAL INFORMATION
40 TAC §§69.1 - 69.4
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402608
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.11 - 69.19
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402609
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.31 - 69.40
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402610
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.51 - 69.55
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402611
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.71 - 69.73
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402612
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §69.81
The new section is adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new section implements the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402613
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.91 - 69.93
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402614
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.101 - 69.103
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402615
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.111 - 69.118
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402616
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.131 - 69.139
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402617
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.151 - 69.160
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402618
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
40 TAC §§69.171 - 69.186
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 20, 2004.
TRD-200402619
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Effective date: May 10, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 438-3734
Subchapter L. CONTRACT ADMINISTRATION
Subchapter B. PURCHASE OF GOODS AND SERVICES AND AWARD OF SUBGRANTS
Subchapter C. PROCUREMENT PROTESTS
Subchapter D. SUBGRANTS AND SUBCONTRACTS
Subchapter E. COST PRINCIPLES
Subchapter F. NONRENEWAL OR REDUCTION OF BLOCK GRANT FUNDS
Subchapter G. CONTRACT RENEWAL AND TERMINATION
Subchapter H. DISPUTES
Subchapter I. AUDITS
Subchapter J. RECOVERY OF IMPROPER PAYMENTS
Subchapter K. INFORMATION AND RECORDS
Subchapter L. DEBARMENT AND SUSPENSION
Chapter 69.
CONTRACTED SERVICES