Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part VI. Texas Surplus Property Agency Chapter 143. Plan of Operation 1 TAC sec.143.1 The Texas Surplus Property Agency adopts an amendment to sec.143.1, without changes to the proposed text as published in the September 20, 1991, issue of the Texas Register (15 TexReg 5174). The amendment changes the procedures for refunding of service charges on donated surplus property. This document serves as a guideline for this agency in the administration of the Donation Program within the State of Texas. This Plan outlines to the Administrator of the General Services Administration (GSA) the methods by which this Agency will implement the rules and regulations as set forth in the GSA Donation Handbook. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6252-6b, which provides the Texas Surplus Property Agency with the authority to make rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113030 Marvin J. Titzman Executive Director Texas Surplus Property Agency Effective date: November 12, 1991 Proposal publication date: September 20, 1991 For further information, please call: (512) 661-2381 TITLE 13. CULTURAL RESOURCES Part VII. State Preservation Board Chapter 111. Rules and Regulations of the Board 13 TAC sec.sec.111.7, 111.10, 111.13, 111.15, 111.16, 111.18, 111. 19, 111.20, 111.23, 111.24, 111.25 The State Preservation Board adopts amendments to sec. sec.111.7, 111.10, 111.13, 111.15, 111.16, 111.18, 111.19, 111.20, 111.23, 111.24, and 111.25, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4047). The amendments will allow the State Preservation Board to perform its duties as required by the Texas Government Code, Chapter 443.007, to preserve, maintain, and restore the Capitol, the General Land Office Building, their contents, and their grounds. The amendments will conform to changes made in Senate Bill 1117. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Government Code, Chapter 443, which provides the State Preservation Board with the authority to adopt rules concerning the buildings, their contents, and their grounds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113025 Cynthia Alexander Director of Administration and Finance State Preservation Board Effective date: November 12, 1991 Proposal publication date: July 26, 1991 For further information, please call: (512) 463-5495 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Commission on Jail Standards Chapter 251. General 37 TAC sec.251.9 The Texas Commission on Jail Standards adopts new sec.251.9, without changes to the proposed text as published in the August 20, 1991, issue of the Texas Register (16 TexReg 4537). The new section is necessary for the commission to comply with Senate Bill 380, Acts of the 72nd Legislature, Regular Session, 1991, concerning the filing of complaints about the services or functions of the commission. The new section establishes a policy for notification to individuals and entities receiving services provided by the commission of the procedures for filing a complaint regarding the commission's functions and procedures. No comments were received regarding adoption of the new section. The new section is adopted under the Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 14, 1991. TRD-9113027 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: November 12, 1991 Proposal publication date: August 20, 1991 For further information, please call: (512) 463-5505 Chapter 297. Compliance and Enforcement 37 TAC sec.297.10 The Texas Commission on Jail Standards adopts new sec.297.10, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4612). The new section is necessary for the commission to implement the requirements of the Local Government Code, sec.sec.361.061-361.067, concerning the regulation of municipal contracts with private entities for jail facilities. The new section will provide rules for the planning, construction, and operation of jail facilities under private contract with municipalities. No comments were received regarding adoption of the new section. The new section is adopted under the Government Code, Chapter 511, which provide the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for construction, equipment, maintenance, and operation for jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 14, 1991. TRD-9113029 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: November 12, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 463-5505 Chapter 300. Fees and Payments Fees for Designated Services 37 TAC sec.sec.300.1-300.6 The Texas Commission on Jail Standards adopts new sec. sec.300.1-300.6, without changes to the proposed text as published in the August 23, 1991, issue of the Texas Register (16 TexReg 4613). The new sections are necessary for the commission to comply with Senate Bill 380, Acts of 72nd Legislature, Regular Session, 1991, concerning the setting and collecting of fees for services performed by the commission. The cost of services provided to facilities operated for the incarceration of persons under jurisdiction of courts other than those of this state will be passed on to the jurisdiction from where the prisoners originate. One comment was received stating that the statutory authority granted to the commission which allows for collection of fees should not apply to federal jurisdictions. Commenting in favor of the new sections was the Bee County Sheriff's Department. The agency does not have the authority to change the statutory mandates to which the comment referred. The new sections are adopted under the Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to set and collect fees for the performance of review and comment on construction documents and annual and occupancy inspections of jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 14, 1991. TRD-9113028 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: November 12, 1991 Proposal publication date: August 23, 1991 For further information, please call: (512) 463-5505 Chapter 47. Primary Home Care General Provisions and Services 40 TAC sec.47.1903 The Texas Department of Human Services (DHS) adopts an amendment to sec.47. 1903 concerning staffing requirements, without changes to the proposed text as published in the September 20, 1991, issue of the Texas Register (16 TexReg 5204). Justification for the amendment is to provide access to a larger pool of staff from which to select an attendant. The amendment will function by changing the requirements concerning special attendants and thereby expanding the availability of attendants for Primary Home Care clients. The department received one comment supporting the adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1991. TRD-9113081 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: November 25, 1991 Proposal publication date: September 20, 1991 For further information, please call: (512) 450-3765