TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 7. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH DISABILITIES

Chapter 189. PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES

40 TAC §189.7

The Texas Council on Purchasing from People with Disabilities (the Council) adopts amendments to Texas Administrative Code, Title 40, Part 7, Chapter 189, §189.7, concerning the annual review of the management fee charged by the Central Nonprofit Agency (CNA) in the state use program. The amendments are adopted without changes to the proposed text as published in the January 14, 2005, issue of the Texas Register (30 TexReg 71). The amendments are adopted under Human Resources Code §122.030 which requires the Council to adopt rules to implement a formal process for the annual review of the management fee charged by the CNA.

The amendments are required to comply with the requirements of Senate Bill 261 enacted by the 78th Texas Legislature. Senate Bill 261 added §122.030 to the Human Resources Code which directs the Council to adopt rules to implement an annual review of the CNA's management fee that is charged to community rehabilitation programs that participate in the state use program. The amendments also clarify that the review of the CNA's services will be made annually.

The amendments establish a process that includes the solicitation of public comment concerning the management fee prior to any action by the Council to adopt or modify the management fee. The rule requires that the CNA provide documentation in support of any change in the management fee. The rule further provides that any information submitted by the CNA in support of a proposed change in the management fee is available to the public upon request.

The proposal was published for public comment. No comments were received.

The amendments are adopted under the authority of the Texas Human Resource Code, Title 8, Chapter 122, §122.030.

The following code is affected by the amendments: §122.019

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 March 3, 2005.

Margaret Pfluger

Texas Council on Purchasing from People with Disabilities

Effective date: March 23, 2005

Proposal publication date: January 14, 2005

For further information, please call: (512) 463-3244

Part 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

Chapter 700. CHILD PROTECTIVE SERVICES

Subchapter E. INTAKE, INVESTIGATION, AND ASSESSMENT

40 TAC §700.522

The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), an amendment to §700.522, concerning audiotaping or videotaping interviews with alleged victims, in its Child Protective Services chapter, without changes to the proposed text published in the October 15, 2004, issue of the Texas Register (29 TexReg 9632). Texas Family Code, §261.302(e) requires DFPS to audiotape or videotape interviews with children alleged to be victims of physical or sexual abuse, unless good cause exists for not doing so.

The justification for the amendment is to limit the circumstances under which good cause may exist. The number of good cause exceptions will decrease from eight to four.

The amendment will function by ensuring that the statements of children about whether they have been physically or sexually abused will be preserved on audiotape or videotape, which can be used as evidence to support actions to remove the child, offer services to the family while the child remains in the home, or close the case.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Government Code §531.0055, which provides that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; Human Resources Code (HRC) §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the executive commissioner and the commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department; and HRC, §40.029, which authorizes FPS to propose and adopt rules to facilitate implementation of Department programs.

The amendment implements HRC, §40.029.

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 March 7, 2005.

General Counsel

Department of Family and Protective Services

Effective date: May 1, 2005

Proposal publication date: October 15, 2004

For further information, please call: (512) 438-3437