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 V. General Services Commission Chapter 113. Central Purchasing Division Purchasing 1 TAC sec.113.6, sec.113.10 The General Services Commission adopts amendments to sec.113.6 and sec.113.10, concerning preferences for certain products, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register (16 TexReg 4913). The sections are adopted to facilitate state purchases of recycled products and to provide preferences for recycled products. Section 113.6 requires the purchase of products made of recycled materials if the cost does not exceed the bid cost of alternative products by more than the percentage set forth in the specifications, if the product meets state specifications as to quantity and quality. Section 113.10 gives preference to motor oil and lubricants that contain at least 25% recycled oil, the cost to the state and the quality being comparable to new oil and lubricants. One comment was received from the Railroad Commission of Texas. The comment expressed support for the rule and clarification that recycled products be rated according to established standards to ensure that applicable warranties are not negated by the use of recycled products. The commission concurs that recycled products must be required to meet applicable standards and the proposed sections do require that recycled products satisfy specified quality standards. However, specific rating standards that may be applicable to various products will be set forth in advertised specifications. The amendments are adopted under Texas Civil Statutes, Article 601b, sec.3.01, which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of Article 3. 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 23, 1991. TRD-9113129 Judith Monaco Porras General Counsel State Purchasing and General Services Commission Effective date: November 13, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 463-3446 Specification 1 TAC sec.113.34 The General Services Commission adopts an amendment to sec.113.34, concerning encouragement of the use of recycled products in the development of Texas specifications, without changes to the proposed text as published in the September 10, 1991, issue of the Texas Register (16 TexReg 4913). The section is adopted to facilitate state purchases of recycled products and to provide preferences for recycled products. The amendment will require new procedures and specifications to encourage the use of recycled products and products that may be recycled. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 601b, sec.3.01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 3. 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 23, 1991. TRD-9113128 Judith Monaco Porras General Counsel State Purchasing and General Services Commission Effective date: November 13, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 463-3446 Part XIV. Texas National Research Laboratory Commission Chapter 300. Administration 1 TAC sec.sec.300.1-300.6 The Texas National Research Laboratory Commission adopts new sec.sec.300.1-300. 6, concerning the organization of the commission, the conduct of commission meetings, and the rulemaking procedures without changes to the proposed text as published in the August 30, 1991, issue of the Texas Register (16 TexReg 4717). New sec.sec.300.1-300.6 provides the public with a formalized statement of commission policies and procedures in the previously listed areas in order to facilitate interaction between the commission and interested parties. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Government Code, sec.465.012, which requires the commission to adopt rules necessary to carry out its powers and duties. 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-9113122 Edward C. Bingler Executive Director Texas National Research Laboratory Commission Effective date: November 13, 1991 Proposal publication date: September 30, 1991 For further information, please call: (214) 709-3800 TITLE 22. EXAMINING BOARDS Part XIX. Polygraph Examiners Board Chapter 395. Code of Operating Procedure for Polygraph Examiners 22 TAC sec.395.2 The Polygraph Examiners Board adopts an amendment to sec.395.2, concerning marking questions and answers, without changes to the proposed text as published in the August 30, 1991, issue of the Texas Register (16 TexReg 4719). This rule is amended so examiners will have a better understanding of what is expected of them in administering polygraph examinations. This rule provides a specific guideline for marking polygraph charts and by requiring a question sheet with numbered questions. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4413(29cc), sec.6(a), which provide the Polygraph Examiners Board with the authority to regulate persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. 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 23, 1991. TRD-9113158 Bryan M. Perot Executive Officer Polygraph Examiners Board Effective date: November 14, 1991 Proposal publication date: August 30, 1991 For further information, please call: (512) 465-2058 22 TAC sec.395.13 The Polygraph Examiners Board adopts an amendment to sec.395.13, concerning the expiration of licenses, without changes to the proposed text as published in the August 30, 1991, issue of the Texas Register (16 TexReg 4718). The polygraph industry will be more closely regulated in areas that the board determines to be critical. The section concerns license and bond renewals of polygraph examiners and will now be in compliance with the Texas Education Code, sec.57.491. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4413(29cc), sec.6(a), which provides the Polygraph Examiners Board with the authority to issue regulations consistent with the provisions of this Act. 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 23, 1991. TRD-9113159 Bryan M. Perot Executive Officer Polygraph Examiners Board Effective date: November 14, 1991 Proposal publication date: August 30, 1991 For further information, please call: (512) 465-2058 TITLE 40. SOCIAL SERVICES AND ASSISTANT Part I. Texas Department of Human Services Chapter 7. Refugee Cash Assistance Program The Texas Department of Human Services (DHS) adopts the repeal of sec.7.404, and amendment to sec.sec.7.101, 7.207, 7.208, and 7.402 in its Refugee Cash Assistance Program chapter. The repeal is justified because the section is obsolete. The amendments are justified because the federal government anticipates a shortfall in federal funding for the funding fiscal year 1992; therefore, the Department of Health and Human Services has mandated that states reduce the period of eligibility for refugee cash and medical assistance benefits. These reductions are effective October 1, 1991. The amendments will function by reducing the time limit for refugee cash and medical assistance benefits from 12 months to eight months. Subchapter A. Program Purpose and Scope 40 TAC sec.7.01 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. To comply with federal requirements, this amendment is adopted effective October 1, 1991. sec.7.101. Refugee Cash Assistance Program (RCA) Purpose and Scope. The Refugee Cash Assistance Program was established by the Refugee Act of 1980, effective December 1, 1980. The purpose is to provide temporary cash and medical assistance to eligible refugees and Cuban-Haitian entrants until they become self-sufficient or have lived in the United States for eight months. The program is 100% federally funded with the number and nationalities of refugees admitted to the United States determined by the President of the United States each federal fiscal year. Cash assistance payments and medical assistance are provided for eight months based upon the availability of federal funds. 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 25, 1991. TRD-9113205 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 For further information, please call: (512) 450-3765 Subchapter B. Eligibility Criteria 40 TAC sec.7.207, sec.7.208 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. To comply with federal requirements, this amendment is adopted effective October 1, 1991. sec.7.207. Permanent Residents. A permanent resident is eligible for RCA if he previously held refugee status and within the eight limit. sec.7.208. Eight-month. Eligibility for the Refugee Cash Assistance Program is restricted to refugees who have lived in the United States eight months or less. These services are based upon the availability of federal funds. 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 25, 1991. TRD-9113204 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 For further information, please call: (512) 450-3765 Subchapter D. Eligibility for Other Programs 40 TAC sec.7.402 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. To comply with federal requirements, this amendment is adopted effective October 1, 1991. sec.7.402. Medicaid/Early and Periodic Screening, Diagnosis and Treatment (EPSDT). AFDC, Medicaid, and EPSDT rules apply to RAC, except that four-month post Medicaid is denied if the eight-month limit is reached. 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 25, 1991. TRD-9113203 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 For further information, please call: (512) 450-3765 7.404 The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. To comply with federal requirements, this amendment is adopted effective October 1, 1991. sec.7.404. Foster Care. 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 25, 1991. TRD-9113202 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 For further information, please call: (512) 450-3765 Chapter 49. Child Protective Services The Texas Department of Human Services (DHS) adopts amendments to sec.sec.49. 316-49.317, 49.320, and 49.324, and the repeal of sec.49.326. The amendments and repeal are adopted without changes to the proposed text as published in the September 13, 1991, issue of the Texas Register (16 TexReg 5060). The repeal and amendments are justified because they promote the successful placements of foster children who need intensive services by allowing children who qualify for level of care (LOC) VI services to receive care in for-profit facilities when necessary. The repeal and amendments are also justified because they allow DHS to provide foster care more cost effectively by applying federal funds to the cost of care for children removed from families that are eligible for the Aid to Families with Dependent Children -Unemployed Parent (AFDC-UP) program. Finally, the repeal and amendments ensure that the department's eligibility requirements for foster care assistance conform to federal requirements. The repeal and amendments will function by allowing the department to place LOC VI foster children in for-profit facilities when no nonprofit facilities that can meet the children's needs are available. The repeal and amendments will further function by applying federal funds to the cost of foster care for children removed from families that are eligible for the AFDC-UP program. Lastly, the repeal and amendments comply with and incorporate federal clarifications of Public Law 96-272. No comments were received regarding adoption of the repeal and amendments. Subchapter C. Eligibility for Child Protective Services 40 TAC sec.sec.49.316-49.317, 49.320, 49.324 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 41, which authorizes the department to enforce laws for the protection of children. The amendments are also adopted under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. sec.49.316. Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance. The child must meet all of the following criteria to be eligible for Aid to Families with Dependent Children (AFDC), Medical Assistance Only (MAO), or state-paid foster care assistance. (1)-(3) (No change.) (4) Placement. The child must be receiving care in Texas in a licensed, certified, or verified foster home or a licensed, private, nonprofit child- caring institution approved for DHS foster care assistance, except in the following circumstances. (A)-(C) (No change.) (D) The child qualifies for Level of Care (LOC) VI, and no nonprofit, residential child care facility that can meet the child's needs is available in the area in which the child must be placed. When no nonprofit facility is available for a LOC VI child, the child may receive care in a licensed, for- profit facility that provides LOC VI services. The facility must enter into an agreement with DHS to provide services to children in the department's conservatorship at the department's normal payment rates. A child placed in a for-profit facility at LOC VI may continue to receive care in the facility if his LOC changes, as long as: (i) the child's needs are best served by his remaining in the facility; and (ii) the facility agrees to continue serving the child at the new LOC. (5)-(7) (No change.) (8) Social Security number. The child must have, or must have applied for, a Social Security number. sec.49.317. Additional Eligibility Requirements for AFDC Foster Care. (a) Besides the general eligibility requirements specified in sec.49.316 of this title (relating to Eligibility Requirements for AFDC, MAO, and State- paid Foster Care Assistance), a child must meet the following additional requirements to qualify for Aid to Families with Dependent Children (AFDC) foster care assistance. (1) AFDC status. At least one of the following conditions must apply. (A) The child was an AFDC recipient during the month in which the court proceedings were initiated that resulted in the child's removal from the home. (B) The child would have received AFDC benefits during the month in which court proceedings were initiated if application had been made. (C) At some time during the six-month period before the month in which court proceedings were initiated, the child lived with a relative as specified in paragraph (3) of this subsection; and the child would have received AFDC benefits if he had been living with that relative during the month in which court proceedings were initiated. (D) The child lives with his minor parent, and the minor parent is in DHS's managing conservatorship. As long as the child continues to live with the minor parent, a separate court-ordered removal is not required for the child to qualify for AFDC foster care assistance. (E) The child was removed from a family that had qualified for the Aid to Families with Dependent Children-Unemployed Parent (AFDC-UP) program at the time of the child's removal, or from a family that would have qualified if it had applied. This subparagraph is applicable as of October 1, 1990. (2) Judicial determination. (A) In a nonemergency removal, the court must determine that DHS made reasonable efforts to prevent removal and to reunify the family. (B) In an emergency removal, the court must determine either: (i) that DHS made reasonable efforts to prevent removal and to reunify the family; or (ii) that it was reasonable to remove the child without making or extending efforts to prevent removal. (C) In both emergency and nonemergency removals, the court's original order placing the child in DHS's conservatorship must include a statement that removal is in the child's best interest. (3) Relationship and domicile. During the month in which court proceed- ings were initiated, or at some time during the six preceding months, the child must have lived with a relative who qualifies as a "specified relative" under 45 Code of Federal Regulations (CFR), sec.233.90(c)(v)(A)(1)-(6). (4) (No change.) (b) For purposes of determining eligibility for foster care assistance, DHS considers court proceedings initiated when: (1) a petition alleging child abuse or neglect or other need for protection of a child is filed in a court of law; or (2) a child is removed under the statutory authority and emergency removal provisions of the Texas Family Code, sec.17.03(a)(3)-(6). sec.49.320. Eligibility in Medical Facilities before Placement. (a) A child in a medical facility is eligible for Aid to Families with Dependent Children (AFDC), Medical Assistance Only (MAO), or State-paid Foster Care assistance if: (1) the child meets the general eligibility requirements specified in sec.49.316 of this title (relating to Eligibility Requirements for AFDC, MAO, and State- paid Foster Care Assistance); and (2) both of the following conditions apply. (A) The Texas Department of Human Services (DHS) is responsible for the child's care and placement. (B) DHS plans to place the child in a foster care facility as soon as the child leaves the medical facility. DHS must proceed with the planned placement unless the child dies in the medical facility or there is a change in the court order or some other event occurs that clearly precludes making the placement. sec.49.324. Redetermination of Foster Care Eligibility. (a) The Texas Department of Human Services (DHS) must redetermine a child's eligibility for Aid to Families with Dependent Children (AFDC), Medical Assistance Only (MAO) , and State-paid Foster Care Assistance: (1) at least every 12 months; and (2) whenever changes in the child's circumstances affect his eligibility. (b) When a child moves to another facility, DHS must redetermine the child's eligibility if: (1) the move affects the child's eligibility or the rate of foster care payment; or (2) the child is leaving a for-profit facility into which he was placed at level-of-care (LOC) VI under the requirements specified in sec.49.316(4)(D) of this title (relating to Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance). 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 25, 1991. TRD-9113201 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: November 30, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 450-3765 40 TAC sec.49.326 The repeal is adopted under the Human Resources Code, Title 2, Chapters 22, which authorizes the department to administer public assistance programs, and Chapter 41, which authorizes the department to enforce laws for protection of children. The amendments are also adopted under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. sec.49.326. Eligibility Extension When Redetermining Deprivation. 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 25, 1991. TRD-9113200 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: November 30, 1991 Proposal publication date: September 13, 1991 For further information, please call: (512) 450-3765