TITLE 25.HEALTH SERVICES

Part 11. TEXAS CANCER COUNCIL

Chapter 701. POLICIES AND PROCEDURES

25 TAC §701.2, §701.21

The Texas Cancer Council adopts amendments to §701.2 and §701.21, concerning the Texas Cancer Plan and Historically Underutilized Businesses. Section 701.2 is adopted with changes to the proposed text as published in the December 24, 2004, issue of the Texas Register (29 TexReg 11896). Section 701.21 is adopted without changes and will not be republished.

The amendments are adopted to §701.2 Texas Cancer Plan to conform the name of the document produced by the Texas Cancer Council to that which is provided in Health and Safety Code, §102.002. The document is adopted by reference, and information is given as to how to obtain a copy of the Texas Cancer Plan .

This section is adopted with changes by adding clarifying information to more specifically identify the document being adopted by reference by indicating which edition and publication year of the Texas Cancer Plan is being adopted. The other change to the rule as published is a clarification change to the citation to the Administrative Procedure Act, by correcting the reference to the section number as 2001.001 et seq. instead of 2001.01 et seq., and to remove the apostrophe that appears within the citation. The change of the word document to rule indicates that it is rules that the APA governs and not the Texas Cancer Plan .

The amendments are adopted to §701.21 Historically Underutilized Businesses to update the name of the agency whose rules the Texas Cancer Council now uses to promulgate the historically underutilized program.

No public comments were received regarding adoption of the amendments.

The amendments are adopted under the Texas Health and Safety Code Annotated, §102.0002 and §102.009, which provides the Texas Cancer Council with the authority to develop, implement, and revise the Texas Cancer Plan, and Government Code §2161.003 which requires state agencies to adopt certain HUB rules of the Building and Procurement Commission.

§701.2.Texas Cancer Plan.

The document Texas Cancer Plan , 4th Edition, (2005) is adopted by reference. The document is available from the Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711-2097. This rule may be revised and updated after public review and comment as provided by the Administrative Procedure Act, Texas Government Code Annotated §§2001.001 et seq.

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 February 18, 2005.

TRD-200500789

Sandra Balderrama

Executive Director

Texas Cancer Council

Effective date: March 10, 2005

Proposal publication date: December 24, 2004

For further information, please call: (512) 463-3190