Chapter 704. TEXANS CONQUER CANCER PROGRAM
The Texas Cancer Council proposes amendments to §§704.1, 704.7, and 704.11, concerning the Texans Conquer Cancer Advisory Committee, guidelines for awarding support services funds, and confidentiality of records. The amendments add clarity and definition to the procedure and practice requirements to implement, interpret and/or prescribe the intent of the law that created the Texans Conquer Cancer License Plate Program.
Section 704.1 is being amended to clarify the terms of the Texans Conquer Cancer Advisory Committee members. The original expiration dates are retained in the rule for ease of future reference.
Section 704.7(d)(2) is being amended to conform to the Uniform Grant Management Standards, and clarifies the applicability of the restrictions that the Council previously adopted.
Section 704.7(f) is being amended to reflect the updated version of the application form that must be used for the submission of grant proposals, and ensures greater consistency and objectivity in proposal review.
Section 704.7(h) and (i) are being amended to make the substitution of "proposal" for "application" to more accurately reflect the application process used for Texans Conquer Cancer License Plate Program grants.
Section 704.11 is being amended to update the name of the agency whose guidelines the Texas Cancer Council now uses in regards to confidentiality of records.
Ms. Sandra K. Balderrama, MPA, BSW, the Executive Director of the Texas Cancer Council, has determined that for the first five-year period the rules are in effect there will be no foreseeable implications relating to costs or revenues for state or local government as a result of enforcing or administering the rules.
Ms. Balderrama also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be clarification of the policies and procedures the Council will follow to implement the Texas Cancer Plan. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.
Ms. Balderrama has determined that the rules shall not have an effect on small businesses or on micro businesses.
Comments on the proposed rules may be submitted to Ms. Sandra Balderrama, Executive Director, Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711.
The amendments are proposed under the Texas Health and Safety Code Annotated, §102.010 which directs the Council to adopt rules governing the submission and approval of grant requests and the cancellation of grants, and §102.017(c) which directs the Council to establish guidelines for spending the money in the Texans Conquer Cancer Account. These proposed amendments implement Texas Health and Safety Code, §102.017 and §102.018 which create and govern the Texans Conquer Cancer program, account, and advisory committee.
There is no other statute, article or code that is affected by these proposed rules.
§704.1.Texans Conquer Cancer Advisory Committee.
(a) - (c) (No change.)
(d) Terms of TCCAC members
(1) The terms of office for each member shall be four years,
with the terms of three or four members expiring on January 31st of each odd-numbered
year. The term of office of
Group A,
[
one group
] made
up of three [
of the original
] members
expired
[
expires
] on January 31, 2007. The term of office of
Group B
[
the second group
], consisting of the remaining four [
original
]
members, will expire on January 31, 2009. Thereafter, the terms of
Group
A members
[
the three-member group (Group A)
] and the terms
of
Group B members
[
the four-member group (Group B)
]
will expire on alternate odd-numbered years, beginning with Group A
in 2011,
resulting in a four-year term for each group.
(2) - (4) (No change.)
(e) (No change.)
§704.7.Guidelines for Awarding Support Services Funds.
(a) - (c) (No change.)
(d) When the amount of funds in the TCCA becomes substantial, a notification of available funds will be published in the Texas Register, and the council will issue a Request For Applications (RFA).
(1) (No change.)
(2) Because other resources may cover these costs, funds shall
not be used to provide the following
unallowable
[
disallowable
] services, which include but are not limited to:
(A) - (B) (No change.)
(3) Items not listed in
paragraphs (1) and (2) of this
subsection
[
paragraph (d) of this section
] are not necessarily allowable.
(e) (No change.)
(f) Application Requirements.
(1) The council adopts by reference an application form entitled
"Texans Conquer Cancer Patient Support Services Application (
2008
[
2006
] )". This form is available from the council office.
(2) Applicants must follow the format of the "Texans Conquer
Cancer Patient Support Services Application (
2008
[
2006
]
)" form.
(3) (No change.)
(g) (No change.)
(h) Review Process.
(1) (No change.)
(2) The TCCAC will review and evaluate each eligible
application
[
proposal
] using appropriate selection criteria
established in the RFA.
(3) All
applications
[
proposals
] that
the TCCAC reviews will be submitted to a committee of the council for additional
technical review.
(4) - (5) (No change.)
(6) Council members may review
an application
[
a proposal
] in its entirety prior to making a funding decision.
(7) - (8) (No change.)
(i) Approval.
(1) (No change.)
(2) If an applicant's
application
[
proposal
] is approved by the council, grant money will not be disbursed until
the grantee signs a contract with the council.
(3) (No change.)
(j) - (k) (No change.)
§704.11.Confidentiality of Records.
Confidentiality of records
(1) (No change.)
(2) As required by §5.04 of the Human Immunodeficiency Virus Services Act, Article 4419b-4, Texas Revised Civil Statutes, a grantee who receives funds for residential or direct client services or programs shall develop and implement guidelines regarding confidentiality of medical information regarding Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) infection.
(A) (No change.)
(B) The guidelines shall be consistent with guidelines published
by the
Department of State Health Services
[
Texas Department
of Health
] and with state and federal regulations.
(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 May 4, 2007.
TRD-200701748
Sandra Balderrama
Executive Director
Texas Cancer Council
Earliest possible date of adoption: June 17, 2007
For further information, please call: (512) 438-3029
The Texas Council on Cardiovascular Disease and Stroke (council) proposes new §1051.1, concerning the conduct of its meetings.
BACKGROUND AND PURPOSE
The new section is necessary to comply with the Health and Safety Code, Chapter 93, §93.012, which requires the council to adopt rules for the conduct of its meetings. The new section outlines the council's organization and rules of conduct for meetings.
SECTION-BY-SECTION SUMMARY
In accordance with Health and Safety Code, Chapter 93, new §1051.1 defines the council's officers and their duties, meetings, quorums, and its voting membership.
FISCAL NOTE
Casey Blass, Manager of Disease, Prevention, and Intervention Section of the Department of State Health Services, has determined that for each year of the first five-year period that the section will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the section as proposed.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Mr. Blass has also determined that there will be no effect on small businesses or micro-businesses required to comply with the section as proposed. This was determined by interpretation of the rule that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the section. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
In addition, Mr. Blass has also determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section, which provides the public with a clear understanding of the council's voting membership. It is anticipated that administering the section as proposed will generate interest in council meetings through a clarification of the conduct of the meetings and provide improved understanding of cardiovascular disease and stroke.
PUBLIC COMMENT
Comments on the proposal may be submitted to Jennifer Smith, Manager, Department of State Health Services, Disease Prevention and Intervention, Adult Health and Chronic Disease Group, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, extension 2209, or by e-mail to Jennifer.Smith@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
STATUTORY AUTHORITY
The proposed new section is authorized by Health and Safety Code, Chapter 93, §93.012, which requires the council to adopt rules for the conduct of its meetings.
The proposed new section affects the Health and Safety Code, Chapter 93.
§1051.1.Conduct of Meetings.
(a) Applicable law. The Texas Council on Cardiovascular Disease and Stroke is created by Health and Safety Code, Chapter 93.
(b) Officers and their duties.
(1) The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the will of the governor.
(2) The presiding officer shall preside at all council meetings at which he or she is in attendance, call meetings in accordance with this section, assist in the preparation of the agenda, appoint subcommittees or workgroups of the council as necessary and with council consensus, cause proper reports to be made to the governor, lieutenant governor and speaker of the house and serve as spokesperson for the council. The presiding officer may serve as an ex-officio member of any subcommittee or workgroup of the council. The presiding officer may invite guests or speakers.
(3) The members of the council shall elect a vice-chairman each year.
(4) The vice-chairman shall perform the duties of the presiding officer in the absence or disability of the presiding officer. Should the office of the presiding officer become vacant, the vice-chairman shall serve until a successor is appointed.
(c) Meetings.
(1) The council shall meet at least quarterly. A meeting may be called with the agreement of Department of State Health Services staff and the presiding officer.
(2) Each meeting of the council shall be announced and conducted in accordance with the Open Meetings Act, Government Code, Chapter 551.
(3) A simple majority of the members of the council shall constitute a quorum for the purpose of transacting official business.
(4) The council is authorized to transact official business only when in a legally constituted meeting with a quorum present.
(5) Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.
(6) Any action taken by the council must be approved by a majority vote of the public members present once quorum is established. Each public member shall have one vote. A public member may not authorize another individual to represent the member by proxy.
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 May 7, 2007.
TRD-200701762
Michael M. Hawkins, M.D.
Chair
Council on Cardiovascular Disease and Stroke
Earliest possible date of adoption: June 17, 2007
For further information, please call: (512) 458-7111 x6972