Part 17.
STATE PENSION REVIEW BOARD
Chapter 605.
STANDARDIZED FORM
40 TAC §605.1
The State Pension Review Board (hereafter referred to as
the Board) hereby proposes the following amendment to rule §605.1, which
adopts by reference the standard form identified below to assist in efficiently
determining the actuarial soundness and current financial condition of public
retirement systems, to implement a quarterly reporting system analyzing quarterly
data, and to assist in the conduct of the Board's business.
Background and Justification
This rule amendment is proposed, in part, to comply with Texas Government
Code, §801.201(c)(1), which requires the Board to adopt standardized
forms to assist the Board in determining the actuarial soundness and current
financial condition of public retirement systems. It is also amended to comply
with the Acts of 2005, General Appropriations Act, Art. I, State Pension Review
Board, Rider 2, 79th Reg. Session, which directs the Board to develop an early
warning system that will analyze the information requested by the form being
added by this rule amendment to the list of Board-developed forms.
Fiscal Note
Mr. Ben Armendariz, Accountant for the Board, has determined that, for
the first five years the rule is in effect, there will be no fiscal impact
to the state or local governments as a result of administering and enforcing
the proposed rule amendment.
Small and Micro-business Impact Analysis
Mr. Armendariz has also determined there will be no effect on small or
micro businesses. There are no anticipated economic costs to persons who are
required to comply with the sections as proposed
Public Benefit
Ms. Virginia Smith, Executive Director of the State Pension Review Board,
has determined that, for each year of the first five years the sections are
in effect, the public benefit anticipated as a result of enforcing the sections
will be standardization and efficiency of reporting functions of public retirement
systems as well as early detection of problems or issues related to the systems
that may need to be addressed.
Public Comments
Written comments on the proposal may be submitted to Ms. Lynda Baker, State
Pension Review, Texas Register Liaison, via mail to P.O. Box 13498, Austin,
Texas 78711, or electronically to
prb@prb.state.tx.us
no later than 5:00 p.m. CST within 30 days of publication of this
proposal in the
Texas Register
.
Statutory Authority
The rule amendment is proposed pursuant to the authority provided under
Texas Government Code, §801.201(a) and (c) which provide as follows: §801.201(a)
requires the Board to adopt rules for the conduct of its business; and §801.201(c)(1)
requires the Board, by rule, to adopt a brief standard form that will assist
the Board in efficiently determining the actuarial soundness and current financial
condition of a public retirement system.
No other code, article, or statute is affected by the proposed amendment.
§605.1.Adoption of Standard Forms.
(a)
The Board hereby proposes by reference the standard forms
identified below
under subsection (b) of this section
to assist
in efficiently determining the actuarial soundness and current financial condition
of public retirement systems,
to implement a quarterly reporting system
addressing factors included in these forms, under subsection (b)(5) of this
section
and to assist in the conduct of the Board's business.
(b)
The standard forms hereby adopted by the Board are the
following:
(1) - (4)
(No change.)
(5)
Quarterly Plan Report - Form
Series: PRB-500
(c)
(No change.)
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 25, 2007.
TRD-200700206
Lynda Baker
Executive Assistant
State Pension Review Board
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 463-1736
40 TAC §605.3
The State Pension Review Board (hereafter referred to as
the Board) hereby proposes an amendment to §605.3, regarding submission
of forms, requiring public pension systems to submit quarterly information
to the Board. The form will assist the Board in implementing an quarterly
reporting system and in efficiently determining the actuarial soundness and
current financial condition of public retirement systems on a more frequent
and current basis than has been previously required. As directed by the 79th
Legislature the State Pension Review Board will develop an early warning system
that will analyze for all actuarially funded public pension plans, the following:
(1) the market value of assets at the beginning and end of the quarter;
(2) the payments of benefits from the fund during the quarter;
(3) the contributions to the fund during the quarter;
(4) the number of new retirees during the quarter;
(5) the number of active members at the end of the quarter; and
(6) any benefit changes to the fund implemented or considered during the
quarter.
Background and Justification
This rule is proposed to comply with Texas Government Code, §801.201(c)(2)
which requires the Board to require public retirement systems to complete
and submit the standard forms, §801.202(1) and (2), requiring the Board
to conduct continuing review and intensive studies of public retirement systems,
and Acts of 2005, General Appropriations Act, Article I, Rider 2, requiring
the Board to develop an early warning system that addresses the factors regarding
the actuarial and financial soundness of pension systems on a quarterly basis.
Fiscal Note
Ben Armendariz, Accountant for the Board, has determined that for the first
five years the amendment is in effect, there will be no fiscal impact to the
state or local governments as a result of administering and enforcing the
amended rule.
Small and Micro-business Impact Analysis
Mr. Armendariz has also determined that for each year of the first five
years the amendment is in effect there will be no effect on small or micro
businesses. There are no anticipated economic costs to persons who are required
to comply with the amendment as proposed.
Public Benefit
Virginia Smith, Executive Director of the State Pension Review Board, has
determined that for each year of the first five years the amendment is in
effect the public benefit anticipated as a result of enforcing the amended
section will be standardization and efficiency of reporting functions of public
retirement systems as well as early detection of problems or issues related
to the systems that may need to be addressed.
Public Comments
Written comments on the proposal may be submitted to Lynda Baker, Texas
Register Liaison, State Pension Review, via mail to P.O. Box 13498, Austin,
Texas 78711, or electronically to
prb@prb.state.tx.us
no later than 5:00 p.m. CST within 30 days of publication of this
proposal in the
Texas Register
.
Statutory Authority
The amendment is proposed pursuant to the authority provided under Texas
Government Code §801.201(a) and (c), which provide as follows: §801.201(a)
requires the Board to adopt rules for the conduct of its business; and §801.201(c)(2)
requires the Board, by rule, to require a retirement system to include the
standard forms with information required for the Board to conduct a review
or study described in Texas Government Code §801.202(1) or (2).
No other code, article, or statute is affected by this proposed amendment.
§605.3.Submission of Forms.
(a)
A public retirement systems must complete and submit to
the Board the standard forms identified as Form numbers PRB-100, PRB-200,
PRB-300, [
(b)
(No change.)
(c)
A public retirement system must complete
and submit to the Board Form PRB 500 no later than the 45th date after each
quarter ending March, June, September and December.
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 25, 2007.
TRD-200700207
Lynda Baker
Executive Assistant
State Pension Review Board
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 463-1736
Chapter 700.
CHILD PROTECTIVE SERVICES
The Health and Human Services Commission proposes, on behalf of the
Department of Family and Protective Services (DFPS), amendments to §§700.104
- 700.106 and the repeal of §§700.107 - 700.114 and §700.413,
concerning the DFPS records retention schedule, in its Child Protective Services
chapter. DFPS, like all state agencies, is required by Chapter 441 of the
Texas Government Code to submit an agency-wide retention schedule for approval
by the Texas Library and Archives Commission. DFPS's approved schedule lists
record retention periods for all types of records held by DFPS, and is available
on the DFPS website. The primary purpose of the proposed amendments and repeals
is to delete information that is duplicative of the official DFPS records
retention schedule. In §700.104, the agency name and computer system
references are updated, and subsections (c) and (d) are deleted because they
contain information that is found in Subchapter B of this chapter (relating
to Confidentiality and Release of Records). In §700.105, the agency name
is updated. In §700.106 the agency name and computer system references
are updated; and subsection (c) is replaced to accurately reflect that other
entities are responsible for the retention and destruction of their own videotapes.
Sections 700.107 - 700.114 and §700.413 are repealed because they duplicate
the official records retention schedule, which is available on the DFPS website.
Cindy Brown, Chief Financial Officer of DFPS, has determined that for the
first five-year period the proposed amendments and repeals will be in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the proposal.
Ms. Brown also has determined that for each year of the first five years
the proposed amendments and repeals are in effect the public benefit anticipated
as a result of enforcing the proposal will be improved access to the most
comprehensive, current schedule for all agency records. There will be no effect
on large, small, or micro-businesses because the proposed changes and repeals
do not impose new requirements on any business and do not require the purchase
of any new equipment or any increased staff time in order to comply. There
is no anticipated economic cost to persons who are required to comply with
the proposed amendments or repeals.
Questions about the content of the proposal may be directed to Rex Evans
at (512) 438-5646 in DFPS's Child Protective Services Division. Electronic
comments may be submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments
on the proposal may be submitted to Texas Register Liaison, Legal Services-359,
Department of Family and Protective Services E-611, P.O. Box 149030, Austin,
Texas 78714-9030, within 30 days of publication in the
Texas Register
.
HHSC has determined that the proposed sections do not restrict or limit
an owner's right to his or her property that would otherwise exist in the
absence of government action and, therefore, do not constitute a taking under §2007.043,
Government Code.
Subchapter A. ADMINISTRATION
40 TAC §§700.104 - 700.106
The amendments are proposed under Human Resources Code (HRC) §40.0505
and Government Code §531.0055, which provide 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; and 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.
The amendments implement Chapter 441 of the Texas Government Code.
§700.104.Child Abuse and Neglect Central Registry.
(a)
General description. As required in the Texas Family Code
(TFC), §261.002, the [
(b)
(No change.)
[(c)
Release of information. When an individual
has submitted a notarized written request, approved by TDPRS, for central
registry information about himself, TDPRS has the authority to release the
results of the central registry check to the requestor.]
[(d)
Content of release. TDPRS has the authority
to release a confirmation of the fact that the person, as qualified in subsection
(c) of this section, is listed as a designated or sustained perpetrator of
child abuse or neglect.]
§700.105.Criminal Record Checks for Authorized External Volunteer Organizations.
(a)
To obtain criminal history records on volunteers or volunteer
applicants, the agencies authorized by law to obtain these through the [
(b)
The volunteer agency must ensure that the person on whom
the information is being requested has consented in writing to
DFPS
[
(c)
DFPS
[
(d)
DFPS
[
(e)
DFPS
[
§700.106.Retention and Destruction [
(a)
The [
(b)
When the retention period has elapsed,
DFPS
[
(c)
Texas Family Code, §264.408(d) describes who
owns a videotape of a child made at a child advocacy center. If the owner
of the videotape is an entity other than DFPS (e.g. criminal prosecuting attorney,
or county or district attorney representing DFPS), then the other owner is
responsible for the retention and destruction of the videotapes.
[
(d)
Information in
IMPACT
[
(e)
The
IMPACT
[
(f)
DFPS
[
(1)
If an activity such as a fiscal or program audit, release
notice or hearing, as specified in §700.601 of this title (relating to
Definitions), fair hearing, lawsuit or appeal involving the case is in process,
staff
must
[
(2)
If a person is in more than one case, but the cases are
not merged, the
IMPACT
[
(g)
The regional director or the
Assistant Commissioner
of Child Protective Services
[
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 23, 2007.
TRD-200700173
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 438-3437
and
] PRB-400
, and PRB-500
in §605.1 regarding
adoption of standard forms.
Part 19.
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Texas
] Department of
Family and
Protective [
and Regulatory
] Services
(DFPS)
[
(TDPRS)
] maintains a central registry of reported cases of child abuse
and neglect. The registry is maintained as a subset of information in the
DFPS
[
TDPRS
] automated system,
Information Management
Protecting Adults and Children in Texas (IMPACT)
[
Child and Adult
Protective Services System (CAPS)
]. While
IMPACT
[
CAPS
] is used for recording and storing all casework related activities
for both child and adult protective services, the child protective services
central registry consists only of information gathered during investigations
of child abuse and neglect in cases which were given a disposition of "reason
to believe" and the person had a role of designated perpetrator or sustained
perpetrator.
Texas
] Department of
Family and
Protective [
and Regulatory
] Services
(DFPS)
[
(TDPRS)
] must give
DFPS
[
TDPRS
] identifying information about the applicant on a
form designated by
DFPS
[
TDPRS
] for that purpose.
TDPRS
] disclosing the information to the volunteer agency.
TDPRS
] discloses the criminal
history information received from the Texas Department of Public Safety directly
to the volunteer agency that requests it, although
DFPS
[
TDPRS
] must not give the volunteer agency a copy of the information
or allow the volunteer agency to make a photocopy of the information.
TDPRS
] retains the criminal
records check information obtained on behalf of the volunteer agency only
as long as is needed to ensure that the volunteer agency has received the
information and then
DFPS
[
TDPRS
] deletes or destroys
the information.
TDPRS
] may charge an organization
that requests criminal record history information a fee in the amount necessary
to cover the costs of obtaining the information on the organization's behalf.
Disposal ] of Case Information.
Texas
] Department of
Family and
Protective
[
and Regulatory
] Services
(DFPS)
[
(TDPRS)
]
retains Child Protective Services case information after case closure in order
to document services provided to clients, and to meet state and federal accountability
requirements.
A complete listing of the types of records maintained by
DFPS may be found in the DFPS Records Retention Schedule, available on the
DFPS public website.
TDPRS
] permanently removes the case information from the
Information
Management Protecting Adults and Children in Texas (IMPACT)
[
Child
and Adult Protective Services System (CAPS)
] database and destroys the
paper case record in a manner that
protects
[
does not jeopardize
] confidentiality.
Case information to be destroyed does not include that given to the criminal
justice system for its use in investigation and prosecution, such as a videotape
of a child's statement. Such information given to the criminal justice system
is subject to destruction according to that system's guidelines.
]
CAPS
] on persons
who are
referenced in DFPS cases
[
principals or collaterals
] is retained until the last case in which the person is
referenced
is purged or destroyed in accordance with the DFPS Records Retention Schedule
[
a member is removed from CAPS and then all the information on
the person is also removed
].
CAPS
] system classifies
cases for retention and destruction purposes according to the criteria in
this section at the time the cases are closed. If a closed case on a family
is re-opened for subsequent action by
DFPS
[
TDPRS
],
such as another intake, investigation, services, or a casework-related special
request, staff merge the open and closed cases into one. Staff may also merge
cases while both are closed or open. When the merged case is closed it is
reclassified and retained for the length of the reclassified retention period.
Reclassification is based on the contents of the entire merged case or related
cases and the case(s) is given the retention classification highest in the
hierarchy.
TDPRS
] may extend the retention
period for a case for [
any of
] the following purposes:
may
] extend the retention. The case information
is retained as long as required by the auditor, administrative law judge,
or attorney representing
DFPS
[
TDPRS
].
CAPS
] system relates the cases
to the person. When the related cases are closed, staff may extend the retention
of each of the related cases when necessary to assess risk of abuse/neglect
of children and when it is necessary to retain the case information
online
[
on-line
]. When it is not necessary to retain the
information
online
[
on-line
], staff include the information
in the paper case record.
director of TDPRS's Office of Protective
Services for Families and Children
] or either's designee must approve
the extension of the retention period for a case. The retention period may
be extended as long as needed. The reason for the longer retention and the
approval must be documented on the records retention window in
IMPACT
[
CAPS
].