PART 6. OFFICE OF RURAL COMMUNITY AFFAIRS
CHAPTER 257. EXECUTIVE COMMITTEE FOR OFFICE OF RURAL COMMUNITY AFFAIRS
The Office of Rural Community Affairs (Office) proposes the repeal of §257.10; and amendments to §§257.21 - 257.24, 257.30, 257.101, 257.103, 257.109, 257.201, 257.203, 257.301, 257.303, 257.313, 257.325, 257.503, 257.801, 257.809, 257.901, 257.902, 257.906, 257.951 and 257.952, concerning the Executive Committee for the Office.
The amendments are being proposed to change the name of the Office's "Executive Committee" to "Board" and to increase its size from 9 to 11. These changes were mandated by the 80th Legislature. Changes are also made to the Rural Physician Relief Advisory Committee.
Charles S. (Charlie) Stone, Executive Director, has determined that for each year of the first five years that the rules are in effect there will be no fiscal implication for the state and no fiscal implication for local government as a result of enforcing or administering the rules as proposed.
Mr. Stone has also determined that the rules will have no local employment impact.
Mr. Stone has also determined that for each year of the first five years the rules are in effect, the anticipated public benefit will be clarity in what is required by the law.
Mr. Stone has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rules do not apply to single businesses.
Mr. Stone has further determined that there are no economic costs to persons required to comply with the rules.
Comments on the proposal may be submitted to Theresa Cruz, Director of State Office of Rural Health, Office of Rural Community Affairs, P.O. Box 12877, Austin, Texas 78711, telephone: (512) 936-6701. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register.
SUBCHAPTER A. POLICIES AND PROCEDURES
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the Office of Rural Community Affairs or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed repeal.
§257.10.Appeals Process to Award of Contract.
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 July 28, 2008.
TRD-200803892
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
SUBCHAPTER B. TEXAS OUTSTANDING RURAL SCHOLAR RECOGNITION PROGRAM
10 TAC §§257.21 - 257.24, 257.30
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.21.Purpose, Administration and Delegation of Powers and Duties.
(a) - (b) (No change.)
(c) The Board [executive committee]
delegates to the executive director of the Office the powers and duties
to administer the program.
§257.22.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (5) (No change.)
(6) Board [Executive committee]--The
Board [Executive Committee] of the Office of Rural
Community Affairs.
(7) - (9) (No change.)
(10) Fund--The Outstanding Rural Scholar Loan Fund
administered by the Board [Executive Committee].
(11) - (16) (No change.)
§257.23.Selection Committee.
(a) Appointments to the selection committee by the Board [
executive committee] shall be made with consideration
to geographical areas of the state.
(b) - (d) (No change.)
(e) Vacancies on the selection committee shall be filled
by the Board [Executive Committee] in the same
manner as indicated in subsections (a), (b) and (c) of this section.
(f) The selection committee advises the Board [Executive Committee
] on the progress of the Outstanding Rural
Scholar Recognition Program and shall:
(1) - (6) (No change.)
§257.24.Requirements for Recognition.
(a) - (b) (No change.)
(c) Criteria for Recognition.
(1) (No change.)
(2) The selection committee shall select and rank the
students and inform the Board [executive committee]
of its selections. The Board [Executive Committee]
shall notify each sponsor of the results and provide the sponsor with
a certificate of award signed by the Executive Director and the
Board [Executive Committee
] chairman for each student
recognized as an outstanding rural scholar.
§257.30.Dissemination of Program Information, Tracking and Reports.
(a) - (d) (No change.)
(e) After a student begins the obligated period of
service, the Office shall track the student and report to the
Board [Executive Committee
] on the student's employment or practice
status at least annually.
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 July 28, 2008.
TRD-200803896
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
10 TAC §§257.101, 257.103, 257.109
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.101.Purpose, Administration and Delegation of Powers and Duties.
(a) - (b) (No change.)
(c) The Board [Executive Committee]
delegates to the Executive Director the necessary powers, duties and
functions to administer the program. The Executive Director shall
enter into an interagency contract with the Texas Medical Board to
specify the mechanisms for the annual transfer of program funds from
the Texas Medical Board.
§257.103.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) (No change.)
(2) Board [Executive Committee]--The
eleven [nine] member governing body of the Office
appointed by the governor, with recommendations for three members
from the lieutenant governor and recommendations for three
members from the speaker.
(3) - (8) (No change.)
§257.109.Application Process, Recipient Selection and Reimbursement of Educational Loans.
(a) (No change.)
(b) Selection of recipients is contingent upon the
availability of funds. Applicants practicing in areas with the highest
degree of shortage and/or lowest Index of Medical Services (IMU) score
are selected over other applicants. Selected recipients are recommended
by the Office's Executive Director and approved by the Office's
Board [Executive Committee
]. Applicants are notified whether
or not they are accepted for loan reimbursement after the annual application
period is closed and recipients are selected.
(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 July 28, 2008.
TRD-200803897
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.201.Purpose, Administration, and Delegation of Powers and Duties.
(a) - (b) (No change.)
(c) The Board [Executive Committee]
of the Office delegates to the Executive Director the necessary powers,
duties, and functions to administer the Program.
§257.203.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Board [Executive Committee]--The
eleven [nine] member governing body of the Office
appointed by the governor, with recommendations for three members
from the lieutenant governor and recommendations for three
members from the speaker.
(2) - (11) (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 July 28, 2008.
TRD-200803899
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
10 TAC §§257.301, 257.303, 257.313, 257.325
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.301.Introduction.
(a) Purpose. This subchapter implements [These
sections, listed in this Subchapter F of this chapter (relating to
Executive Committee for the Office of Rural Community Affairs) implement
] the provisions in the Texas Government Code, [
Subchapter F,] §§487.201
- 487.204, by establishing program rules for the allocation of grant
funds to qualified communities through the Medically Underserved Community-State
Matching Incentive Program. State grants match funds committed by
medically underserved communities to cover start-up costs for primary
care physicians' practices.
(b) Funding. This subchapter describes [These
sections, listed in Subchapter F of this chapter describe] the
criteria and procedures to be used by the Office in determining the
communities eligible for funding and the funding allocation method.
(c) Administration. The Office shall allocate funds
to eligible communities based on the procedures specified in
this subchapter [these sections, listed in Subchapter F of this
chapter].
§257.303.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) (No change.)
(2) Board [Executive Committee]--The
[Executive Committee] Governing Board of the Office.
(3) (No change.)
(4) Medically underserved community--A community meeting any of the following criteria listed in subparagraphs (A) - (D) of this paragraph:
(A) - (C) (No change.)
(D) a community that meets criteria adopted by the Board [
Executive Committee] by rule, considering relevant
demographic, geographic, and environmental factors.
(5) - (8) (No change.)
§257.313.Evaluation of Application.
(a) The Board [Executive Committee]
of the Office delegates to the executive director the necessary powers,
duties and functions to administer this program.
(b) - (h) (No change.)
§257.325.Breach of Contract.
(a) Binding contract. A contract executed under this
subchapter [these sections, listed in Subchapter F of this
chapter (relating to Executive Committee for the Office)] between
the Office and the supporting community is a binding contract.
(b) - (d) (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 July 28, 2008.
TRD-200803900
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
The amendment is proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendment.
§257.503.Administration of the Program.
(a) (No change.)
(b) The Board [Executive Committee]
delegates to the Executive Director the necessary powers, duties,
and functions to administer the Program.
(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 July 28, 2008.
TRD-200803905
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.801.Definition of Terms.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (2) (No change.)
(3) Board--The eleven member governing body of
the Office appointed by the governor, with recommendations for three
members from the lieutenant governor and recommendations for three
members from the speaker. [Executive Committee--the nine
member governing body of the Office, appointed by the governor, lieutenant
governor, and speaker.]
(4) - (8) (No change.)
§257.809.Advisory Committee.
(a) (No change.)
(b) The purpose of the panel is to advise the
Board [executive committee].
(c) (No change.)
(d) The panel will report to the Board [Executive
Committee] in writing at least annually.
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 July 28, 2008.
TRD-200803906
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
10 TAC §§257.901, 257.902, 257.906
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.901.Purpose, Administration and Delegation of Powers and Duties.
(a) - (b) (No change.)
(c) The Board [Executive Committee]
delegates to the executive director the necessary powers, duties and
functions to administer the program.
§257.902.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) (No change.)
(2) Board [Executive Committee]--The
eleven [nine] member governing body of the Office
[of Rural Community Affairs] appointed by the governor,
with recommendations for three members from the lieutenant governor
and recommendations for three members from the speaker.
(3) - (7) (No change.)
§257.906.Advisory Committee.
(a) The Advisory Committee is appointed by the
Board [Executive Committee
] to assist in the office's duties. The Advisory
Committee shall consist of:
(1) - (6) (No change.)
(7) a representative from the Texas [State Board of] Medical
Board. [Examiners; and]
(b) [(8)] A [a]
hospital administrator in a rural county serves as a non-voting
member of the community.
(c) [(b)] The purpose of the
Advisory Committee is to assist the office in administering the program.
(d) [(c)] The Advisory Committee
will report to the Board [Executive Committee]
in writing at least annually.
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 July 28, 2008.
TRD-200803907
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726
The amendments are proposed under §487.052 of the Government Code, which provides the Board with authority to adopt rules concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments.
§257.951.Purpose, Administration, and Delegation of Powers and Duties.
(a) - (b) (No change.)
(c) The Board [Executive Committee]
delegates to the Executive Director the necessary powers, duties,
and functions to administer the program.
§257.952.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) (No change.)
(2) Board--The eleven member governing body of
the Office appointed by the governor, with recommendations for three
members from the lieutenant governor and recommendations for three
members from the speaker. [Executive Committee--The nine
member governing body of the Office of Rural Community Affairs appointed
by the governor, lieutenant governor, and speaker.]
(3) - (7) (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 July 28, 2008.
TRD-200803916
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: September 7, 2008
For further information, please call: (512) 936-6726