Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 7. BANKING AND SECURITIES Part I. State Finance Commission Chapter 3. Banking Section Subchapter B. General 7 TAC sec.3.35 The Finance Commission of Texas proposes new s3.35 concerning imprinting safe deposit box keys with the issuing financial institution's routing number. Ann Graham, general counsel, has determined that for the first five-year period the rule will be in effect, there will be no fiscal implications as a result of enforcing or administering the rule. Ms. Graham, also has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be to assist law enforcement officials in identifying and tracing proceeds from illegal activities. There will be no effect on small businesses. The possible economic cost to persons who are required to comply with the rule as proposed will be approximately $200 per location. Ann Graham, General Counsel, has determined that the proposed rule will have no local employment impact. Comments on the proposal may be submitted to Ann Graham, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705-4294. The new section is proposed under Texas Civil Statutes, Article 342-906, which provides the State Finance Commission with the authority to promulgate rules not inconsistent with the statutes of this state. sec.3.35. Safe Deposit Box Facilities. (a) General. Texas Civil Statutes, Article 342-906 (the Act) requires financial institutions to imprint keys issued to safe deposit boxes after September 1, 1992, with the financial institution's routing number. In addition, it requires a report to the Department of Public Safety if the routing number is altered or defaced so that the correct routing number is illegible. The purpose of this regulation is to clarify the requirements of this article. (b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Financial institution-This term includes a bank, savings and loan association, savings bank, or other financial institution that has been assigned a routing number unique to that institution. (2) Routing number-For purposes of this regulation, routing number shall mean the number printed on the face of a check in fractional form or in nine-digit form that identifies a paying financial institution. (c) Imprinting requirements. A financial institution which has been issued a routing number shall imprint that routing number on safe deposit box keys on either the head of the key or the shank of the key if there is adequate room. The typical locations to be used are indicated in the following instructions and diagram. The imprint can be made anywhere on the key that has the required space available. It can be either on the head or on the shank of the key. When positioning the die on the key, be careful to place the die on the key where it will imprint on a flat surface and not in the area of the key cuts or on any of the shank ridges or grooves. Imprinting in these areas may interfere with the proper working of the key in the lock and may cause damage. In the event these standard areas for the location of the imprint are unavailable, either because of grooves on the key shank or the fact that the head of the key already has names and other numbers imprinted on it, then the financial institution may attach to the key a tag imprinted with the routing number. The tag used must be of such a nature as to be secure. Thus, a paper or cardboard tag or a tag affixed with string will not be acceptable. However, any other medium such as plastic or metal which can retain an imprint of a number shall be acceptable. The tag may be attached in any way to assure its affixation to the key. Typically, this will mean inserting the tag or a device to affix the tag through the hole in the head of the key normally used for placing keys on key chains. The tag method shall not be used if there is adequate room on the key itself for imprinting of the numbers. There are four standard areas for the location of the imprinted routing number. These include: the head of the key, the shank of the key, and either place on the reverse side of the key. The standard imprint areas are shown below: [graphic] (d) Branch Designation. A financial institution may, but is not required to, add a three-digit branch designation to its routing number. Thus, the main financial institution facility should receive the designation "001" and branch facilities should receive numbers consecutively beginning with "002" with successive numbers as needed. However, the financial institution may control the branch numbering system used provided that the financial institution must maintain a master list of branch designations used for this purpose. The master list should be maintained at the main office of the financial institution and shall include the following information: three-digit branch designation and address of facility. The financial institution then may imprint safe deposit box keys or tags with the routing number plus three-digit branch designation for full identification of the facility. (e) Report of defaced or altered key. Within 10 days after an officer or employee of a financial institution observes that a key used to access a safe deposit box has had the routing number altered or defaced or the tag removed, a report shall be prepared of such incident. The report shall be on a form promulgated by the Banking Department of Texas in the form of the attached Exhibit A. The report should be submitted to the Department of Public Safety, attention: Criminal Law Enforcement, Box 4087, Austin, Texas 78773-0001. The report should be mailed no later than 10 days after the incident. The financial institution should retain one copy of the incident report for a period of three years. Nothing in this regulation nor in the Act shall require a financial institution to inspect routing numbers imprinted on a key or an attached tag to determine if the number has been altered or defaced. (f) Effective date; applicability to existing keys. A financial institution must imprint all safe deposit box keys on or after September 1, 1992. Institutions may begin imprinting keys prior to that date. The imprinting requirement shall apply to all keys currently outstanding as well as to all keys issued after September 1, 1992. However, keys for boxes rented prior to September 1, 1992, need not be imprinted with the routing number unless and until a customer presents a safe deposit box key at a financial institution for access to a box. Nothing in this regulation or the Act shall be construed to require a financial institution to provide notice to its safe deposit box customers or to otherwise require such customers to present their keys for imprinting. However, on the first date after September 1, 1992, that a customer presents a key which has not been imprinted, the financial institution shall imprint the key with the routing number as required by Texas Civil Statutes, Article 342-906. (g) Effect of change in routing number. In the event a financial institution's routing number is changed as a result of a merger, acquisition, or other change, safe deposit box keys need not be replaced with a new routing number provided that the financial institution maintain a master list of the routing numbers used to imprint keys. [graphic] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 15, 1991. TRD-9114431 Ann Graham General Counsel Texas Department of Banking Earliest possible date of adoption: December 27, 1991 For further information, please call: (512) 475-1300 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter E. Well-Balanced Curriculum 19 TAC sec.75.141 The Texas Education Agency proposes an amendment to sec.75.141, concerning prekindergarten program requirements. The section is being amended to comply with Senate Bill 608, 72nd Legislature requirements that school districts with existing prekindergarten programs comply with applicable Texas Department of Human Services' minimum standards for child care facilities. The bill requires that districts with existing prekindergarten programs comply with the applicable standards by September 1, 1994. Districts with new prekindergarten programs must comply with the requirements as of September 1, 1991. James A. Johnson, Jr., director of special programs planning and implementation, has determined that for the first five-year period the section is in effect there will be fiscal implications for local government as a result of enforcing or administering the section. There will be no fiscal implications for state government. The effect on local government for the first five-year period will be an indeterminable cost. For most programs, the standards will have no impact. There may be some costs associated with facilities in order to bring rooms into compliance with minimum standards. The cost is unknown, but is expected to be relatively small. Mr. Johnson and Criss Cloudt, director for planning coordination, also have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be increased coordination of child care and prekindergarten services. The section will provide school districts with guidelines that will ensure minimal levels of quality services to students. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the chapter has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.21.136, as amended by Senate Bill 608, 72nd Legislature, which directs the State Board of Education to adopt rules for providing coordination between public school prekindergarten programs and child care licensing facilities. sec.75.141. Description of a Well-Balanced Elementary Curriculum. (a)-(f) (No change.) (g) Provisions for prekindergarten programs. The following provisions apply to prekindergarten programs. (1) (No change.) (2) Child care licensing standards. (A) School districts implementing new prekindergarten programs shall ensure compliance with child care licensing standards adopted by the Texas Department of Human Services under the Human Resources Code, sec.42.042, and identified as applicable to public schools in paragraph (3) of this subsection, by September 1. 1991. (B) School districts with existing prekindergarten programs shall ensure compliance with child care licensing standards adopted by the Texas Department of Human Services under the Human Resources Code, sec.42.042, and identified as applicable to public schools in paragraph (3) of this subsection, by September 1, 1994. (3) Applicable child care licensing standards. The following standards describe the DHS Child Care Standards that are applicable to public school prekindergarten programs. All other DHS child care standards are considered not applicable. (A) Child Care Standard on General Administration. A person who is indicted or the subject of an official criminal complaint accepted by a county or district attorney alleging he committed any of the offenses listed following will not be at the center while children are in care and must not have contact with the children in care until the charges are resolved. The offenses are as follows: (i) a felony or misdemeanor classified as an offense against the person or family: (ii) a felony or misdemeanor classified as public indecency; and (iii)a felony violation of any law intended to control the possession or distribution of any substance included as a controlled substance in the Texas Controlled Substances Act. (B) Child Care Standard on Director Qualifications. A person may not serve as director who has been convicted of any of the following offenses: (i) a felony or misdemeanor classified as an offense against the person or family; (ii) a felony or misdemeanor classified as public indecency; or (iii) felony violation of any law intended to control the possession or distribution of any substance included as a controlled substance in the Texas Controlled Substances Act. (C) Child Care Standard on Staff Qualifications and Responsibilities. (i) A person certified in first aid and a person certified in cardiopulmonary resuscitation of children must be present during all hours of operation. (ii) If a parent calls to authorize the emergency release of a child, verification must be made that the caller is actually the parent. (iii) A plan must be made and followed to verify the identity of a person authorized to pick up a child but not known to the staff. For example: view the picture identification on the person's driver's license or Department of Public Safety identification card and record the person's name and card number. The center keeps identifying information for 24 hours. (D) Child Care Standard on Training. (i) New staff members must receive orientation in understanding children and in job expectations when they begin work, including policies of discipline, guidance, and the release of children, recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibil-ity and procedure for reporting these, and the procedures to follow in handling emergencies, such as fire, explosion tornado, toxic fumes, or other chemical release. (ii) Each volunteer in the program must receive relevant orientation. (E) Child Care Standard on Staff/Child Ratio. The ratio of children to staff must not exceed the following: (i) 15:1 if the youngest child in the group is age three; (ii) 18:1 if the youngest child in the group is age four; and (iii) each child must have a staff member who is responsible for him and who is aware of details of the child's habits, interests, and any special problems. (F) Child Care Standard on Furnishings. (i) Each child must have a cot, bed, or mat at least one- inch thick. All sleeping equipment must be waterproof or washable and be kept clean and sanitary. Linens are changed before a different child uses them. (ii) Comfortable seating must be available for the children. (G) Child Care Standard on Equipment. Indoor and outdoor equipment and materials must be appropriate to the developmental needs, individual interests, and ages of the children. There must be a sufficient amount of equipment and materials to avoid excessive competition among the children or long waits for materials. (H) Child Care Standard on Toilet Facilities. Toilets must be located inside and equipped so children can use them independently and staff can supervise as needed. Bathroom doors must have no locks within the children's reach. Children must have privacy in the use of the bathroom as needed. (I) Child Care Standard on Sanitation. The temperature of hot water available to children must be no higher than 120 degrees Fahrenheit so that water cannot scald. (J) Child Care Standard on Safety. (i) Electrical outlets accessible to children must have child-roof covers or safety outlets. 220-volt electrical connections within the children's reach must be covered with a screen or guard. (ii) Air conditioners, electric fans, and heaters must be mounted out of the children's reach or have safeguards that keep children from being injured. (iii) Stairs, porches, and platforms more than two feet above the ground must be equipped with railings the children can reach. (iv) Play areas must be kept free from standing water and sharp objects. Tanks, ponds, open wells, drainage ditches, sewage pipes, dangerous machinery, and other hazards must be fenced to protect children. Uncovered garbage cans or highly flammable material must be out of the play area. (v) Play equipment and materials. (I) Outdoor play equipment must be placed away from busy areas in the yard and securely anchored unless portable by design. (II) Toys that explode (such as caps) or that shoot things (such as darts or BBs) must not be allowed. (III) Children must not have access to toxic substances. (IV) All swing seats must be constructed of durable, lightweight, relatively pliable material, such as rubber or nylon webbing. (V) All heavy equipment must be installed in a manner to prevent tipping or collapsing. (VI) No climbing equipment or swings should be in the play area on concrete or asphalt or swings with concrete or asphalt in the fall zone. (VII) The play area must be free of equipment which has openings or angles that could entrap a child's head. (VIII) Equipment with pinch, crush, or shear points on or underneath, such as exposed or open gears or axle assemblies on rotating devices must not be in the play area. (IX) First aid supplies and guide must be readily available to staff in a designated location and out of children's reach. There must be immediate access to emergency care. (K) Child Care Standard on Animals. The play yard and school facility must be kept free of stray animals. Children must not be allowed to play with stray animals. (L) Child Care Standard on Operation. Activities must be provided for each group according to the children's ages, interests and abilities. The activities must be appropriate to each child's health, safety, and well-being. The activities also must be flexible and promote each child's physical, emotional, social, and mental growth. (i) Physical care routines must be provided appropriate to each child's developmental needs. These must include a supervised rest period after the noon meal. Rest periods must not last longer than three hours. After two hours, the center must allow children who are awake to get up and participate in quiet activities. The rest area must be adequately lighted to allow visual supervision at all times. (ii) Indoor and outdoor time periods must include: (I) alternating active and quiet activities; and (II) opportunity for individual and group activities. (M) Child Care Standard on Discipline and Guidance. There must be no cruel, harsh, or unusual punishment or treatment. (i) Staff must not shake, bite, or hit the children. Children under five years old must not be spanked. The center must not put anything in or on a child's mouth as punishment. (ii) Brief, supervised separation from the group may be used if necessary, but children must not be placed in a locked room or in a dark room with the door closed. (iii) Children must not be humiliated or subjected to abusive or profane language. Punishment must not be associated with food, naps, or toilet training. Bed wetters must not be shamed or punished. (N) Child Care Standard on Infant and Toddler Care. Soiled or wet diapers and other clothing must be promptly changed in a sanitary and safe manner. (i) Soiled clothing is changed on a clean, washable surface which is disinfected after each use or on a clean, disposable covering that is changed after each use. (ii) Individual washcloths and towels or disposable towelettes must be used to thoroughly cleanse and dry the child at each diaper change. (iii) All used diapers must be placed in a moisture-proof bag or stored in a covered container that is cleaned daily. (O) Child Care Standard on Water Activities. The water activities standards are applicable only for those facilities with swimming or wading pools. Child- staff ratios for wading and swimming must not exceed 8:1, pool fencing and drain grates must be in place, lifesaving devices must be accessible, a certified lifeguard must be on duty, a supervising adult must be able to turn off pumps and filtering mechanisms, pool chemicals must be properly stored, and pools must be maintained to meet state health department standards. (4) Applicability to district or non-district facilities. This rule applies whether the prekindergarten classes meet in district or non-district facilities. (5) Non-applicability to home-based programs. This rule does not apply to that portion of a prekindergarten program in which program staff serve an individual prekindergarten student in the student's home. (6)
    [(2)] Minimum time. The minimum time for the operation of prekindergarten classes on a half-day basis shall be three hours. (7)
      [(3)] Student/teacher ratio. A school district may not enroll more than 22 students in a prekindergarten class. This requirement shall not apply during the last 12 weeks of any school year. (8)
        [(4)] Bilingual or ESL programs. The program may be bilingual or English as a second language (ESL). Prekindergarten programs for students who will be in bilingual education kindergarten programs shall be bilingual education. (9)
          [(5)] Waivers. The commissioner of education may waive the requirements for implementation of the prekindergarten program. When requesting a waiver, the district shall comply with the following requirements. (A)-(B) (No change.) (10)
            [(6)] Assignment of teachers. Prekindergarten teachers shall be assigned in accordance with sec.143.11 of this title (relating to Requirements for Assignment of School Personnel).
              [Teachers who provide instruction in prekindergarten programs shall possess certification or an endorsement in at least one of the following categories: early childhood education, teacher of young children, kindergarten, elementary with bilingual or English as a second language (ESL), elementary, or vocational home economics with kindergarten endorsement.] [(7) Funding for prekindergarten. [(A) Available funds appropriated by the legislature from the Foundation School Program for the support of programs provided under the Texas Education Code, sec.21.136, shall be allocated to school districts in accordance with this subsection. The commissioner of education shall ratably reduce each district's allotment for the prekindergarten program if funds are not available to fund the program fully. [(B) Funding for the program shall be calculated using the participating district's basic allotment as adjusted by the price differential index and small district formula, if applicable, and the average daily attendance (ADA) of students served in this program as prescribed in the Texas Education Code, sec.16.006. The cost of the program is to be shared by the state and district in the same percentage used to determine the state/local shares under the Texas Education Code, Chapter 16. [(C) For purposes of calculating program funding, each prekindergarten student in ADA shall receive a weight of .75. Prekindergarten students are not to be included in counts for bilingual or compensatory education funding in accordance with the Texas Education Code, Chapter 16. [(D) Districts shall apply to the commissioner of education for funding of prekindergarten programs operated under this subsection. Applications for funding shall contain an estimate of the number of students who will participate in the program and other information necessary to assure the commissioner that programs will be operated in accordance with the guidelines specified in this subsection.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 14, 1991. TRD-9114524 Criss Cloudt Director for Planning Coordination Texas Education Agency Earliest possible date of adoption: December 27, 1991 For further information, please call: (512) 463-9701 Chapter 89. Adaptations for Special Populations Subchapter H. Other Programs 19 TAC sec.89.301 The Texas Education Agency (TEA) proposes new sec.89.301, concerning a memorandum of understanding to provide educational services to released offenders. The Code of Criminal Procedure, Article 42.18, sec.21, enacted by the 71st Legislature requires the Texas Department of Criminal Justice Pardons and Parole Division and the Central Education Agency to develop and adopt by rule, a memorandum of understanding that clearly identifies collaborative and individual responsibilities of each agency for the provision of educational services; ensures that the rules adopted by both agencies pursuant to the memorandum of understanding are in accordance with statutory mandate and the governing rules of each agency; and establishes procedures for ensuring that information affecting educational program activities and mandatory requirements by both agencies is shared between the agencies. Pavlos Roussos, division director, adult education/employment and training, funding and compliance, has determined that for the first five-year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. The effect on state government for the first five-year period will be an indeterminable cost, because although there will be no fiscal implications for serving parolees in existing adult education programs on a first-come, first-served basis, the expansion of services would require additional funds for local programs and agency administration. There will be no fiscal implications for local government. Mr. Roussos and Criss Cloudt, director for planning coordination, also have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the reduction of incarceration costs by assisting parolees to become productive citizens and remain outside of prison. Parolees will benefit from a coordinated support system that will increase their educational level, reduce the likelihood of recidivism, and make them productive citizens. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463- 9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The new section is proposed under the Code of Criminal Procedure, Article 42. 18, sec.21, enacted by the 71st Legislature, which provides the Texas Department of Criminal Justice Pardons and Parole Division and the Central Education Agency with the authority to develop and adopt by rule, a memorandum of understanding that defines respective responsibilities in literacy of inmates released from prison on parole and mandatory supervision. sec.89.301. Memorandum of Understanding to Provide Educational Services to Released Offenders. (a) Purpose. (1) Pursuant to the Texas Criminal Procedure-Code and Rules, Article 42.18, sec.26, superseded by the Texas Criminal Procedure-Code and Rules, Article 42.18, sec.21: Literacy enacted by the 71st Texas Legislature, the Texas Department of Criminal Justice, and the Texas Education Agency shall develop, mutually agree to, and by rule adopt a memorandum of understanding that establishes the respective responsibilities of each agency in implementing a continuing education program to increase the literacy of inmates released from the institutional division on parole and mandatory supervision. As authorized by the statute and subject to revision by mutual agreement of the agencies named herein, the following state agencies are designated as participating agencies: (A) Texas Department of Criminal Justice; and (B) Texas Education Agency. (2) The memorandum of understanding is a nonfinancial agreement. It sets forth the collaborative and individual responsibilities of each agency for the provision of educational services necessary to prepare parolees for a successful transition to education programs outside the prison system. (b) Preamble. This memorandum of understanding is to realize a human service system which offers parolees choices and opportunities, within the realm of educational services, to remain outside prison and achieve maximum integration in the community. To accomplish the objectives of this memorandum these guiding principles should be considered: (1) the parolee will achieve more success outside of prison if a support system is in place to promote educational growth; (2) the parolee may be less likely to become a repeat offender if he/she pursues education further; and (3) the parolee must be encouraged to recognize the need for increasing his/her educational level in order to remain in the free world and learn to function as a productive citizen. (c) Participation. (1) Texas Department of Criminal Justice will: (A) establish a system whereby the Texas Department of Criminal Justice will inform adult education cooperatives of the process and requirements for continued education of the parolee(s); (B) provide adult education cooperatives with assessment and educational profile information that would facilitate student placement in appropriate programs; (C) coordinate with adult education cooperatives to implement a system for identification of student needs and barriers, student referral, outreach activities, and parolee's compliance with educational requirements; (D) identify or seek resources that would assist adult education cooperatives to expand services for parolees; and (E) participate in training necessary to develop the capacity at the local level to access and interact effectively with adult education service providers. (2) Texas Education Agency will: (A) coordinate with the Texas Department of Criminal Justice/Pardons and Parole Division whereby local parole offices are informed of services available through the adult education cooperative system. Adult education services are delivered through a cooperative system, with local school districts, junior colleges, and educational service centers providing instructional programs throughout the state; (B) assist the Texas Department of Criminal Justice/Pardons and Parole Division in identification of barriers to providing adult education services to released offenders; (C) assist local adult education programs to develop the capacity to serve the released offender population; (D) establish a referral process between local parole offices and adult education cooperatives whereby parolees will be referred to adult education programs; (E) provide services to parolees in adult education programs on a first-come, first-served basis and to the extent the funds and classroom space are available; (F) coordinate with local parole offices on availability of services and maintain communication on prospective students awaiting referral to education programs; (G) establish systems of communication between education cooperatives and parole offices in mutual service delivery areas to identify financial resources and other educational programs available for released offenders; (H) coordinate with the Texas Department of Criminal Justice/Pardons and Parole Division in the development of program objectives and data collection to establish educational performance standards for released offenders; (I) provide training to assist local parole officers with the coordination of adult education services to released offenders; and (J) monitor both program quality and compliance of local adult education programs serving released offenders. (d) Terms of the memorandum of understanding. This memorandum of understanding shall be adopted by rule by each participating agency and shall be effective February 1, 1992. The memorandum may be considered for expansion, modification, or amending at any time upon the mutual agreement of the executive officers of the named agencies. The undersigned agree to pursue collaboratively additional resources to fulfill the provisions of the memorandum. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 18, 1991. TRD-9114523 Criss Cloudt Director for Planning Coordination Texas Education Agency Earliest possible date of adoption: December 27, 1991 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification Subchapter L. Certification for Special Services Positions 19 TAC sec.141.250 The Texas Education Agency (TEA) proposes new sec.141.250, concerning substitution of professional training and experience for certification credit in mid-management administrator programs. The section implements statutory requirements which call for the State Board of Education by rule to provide for substitution of management training for part of the qualification for certification as mid-management administrator. The new section was originally proposed in the October 4, 1991, issue of the Texas Register (16 TexReg 5459), however, the proposal was withdrawn and is being reproposed because it is the opinion of staff that the recommendation for the substituting of instructional leadership and teacher appraisal training was appropriate in part, but not sufficient to meet the statutory intent of the Texas Education Code, sec.13.352(d), "so that an outstanding teacher may qualify by substituting approved experience and training for part of the educational requirements." Dr. Richard Swain, assistant commissioner for professional development, has determined that for the first five-year period the section will be in effect there will be no fiscal implications as a result of enforcing or administering the section. The effect on state government will result in an indeterminable savings of state revenues. The individuals for whom these substitutions are to be made will often be practicing administrators serving on temporary administrator's certificates. The employing school district will have provided the fiscal resources for the instructional leadership training (ILT) and the Texas Teacher Appraisal System training that are to be substituted for certification credit for these individuals. In such cases state general revenues that would have gone to a state-supported institution of higher education via the state's credit hour formula would be saved, assuming that these individuals might have selected a state-supported university at which to pursue their certification programs. There will be no fiscal implications for local government. Dr. Swain and Criss Cloudt, director for planning coordination, also has determined that for each year of the first five years the proposed section will be in effect the public benefit anticipated as a result of enforcing the section will be the ability of individuals who have previously completed instructional leadership training and teacher appraisal training to substitute those skills for commensurate portions of educational training requirements in the university programs for the Mid-management Administrator certificate. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Criss Cloudt, Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The new section is proposed under the Texas Education Code, sec.13.353(d), which provides the State Board of Education with the authority to adopt rules to provide for substituting management training or experience for part of the qualifications for certification as a principal or superintendent. sec.141.250. Substitution of Professional Training and Experience for Certification Credit in Mid-Management Administrator Programs. Substitution of instructional leadership training and Texas Teacher Appraisal System training for part of the instructional supervision and personnel evaluation requirements on the Mid-Management Administrator certificate identified insec.141.247 of this title (relating to Requirements for Professional Administrator Certificates) shall be made for a total of up to six semester hours (90 equivalent clock hours) of substitution credit. An institution of higher education with an approved program for the preparation of Mid-Management Administrators shall lower appropriately and equivalently the semester hours requirement in the certification plan for a candidate based on verification of the substitution credit by a school district or sponsor of training. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 14, 1991. TRD-9114526 Criss Cloudt Director for Planning Coordination Texas Education Agency Earliest possible date of adoption: December 27, 1991 For further information, please call: (512) 463-9701 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 325. Solid Waste Management Subchapter P. Fees and Reports Facilities 25 TAC sec.325.602, sec.325.603 (Editor's Note: The Texas Department of Health proposes for permanent adoption the new sections it adopts on an emergency basis in this issue. The text of the new sections is in the Emergency Rules section of this issue.) The Texas Department of Health (department) proposes amendments to sec.325. 602 and sec.325.603 concerning solid waste management. Section 325.602 concerns fees and sec.325.603 concerns reports. The amendment to sec.325.602 will establish a new disposal fee structure for municipal solid waste management. The amendment to sec.325.603 will amend the provisions concerning the date the quarterly report is due in order to correspond to the amendment being made to sec.325.602. The amendments will implement the provisions in House Bill 11, First Called Session, 72nd Legislature, 1991, which amended the Solid Waste Disposal Act, Health and Safety Code, Chapter 361, by authorizing the department to establish a new disposal fee structure for municipal solid waste management. Stephen Seale, Chief Accountant III, Budget Division, has determined that for the first five-year period the sections as proposed will be in effect there will be fiscal implications for state and local government as a result of administering the sections as proposed. The new fee rate will increase the amount of program revenue each year from approximately $9,800,000 to approximately $29,400,000. While there will be no additional cost to state government to implement the amendments; it is anticipated that the state will have about $19,600,000 in additional funds each year for use on new or enhanced programs related to solid waste recycling and/or municipal solid waste management. Local governments will be directly affected each year by the proposed amendment only if they operate municipal solid waste disposal facilities which are required to remit waste disposal fees. The amount by which such direct costs will increase has been calculated as being approximately $1.00 per ton (or $0.50 per ton if the waste is incinerated or disposed of by means other than landfilling). Texas businesses, large or small, that operate solid waste disposal facilities will be affected the same as is described above for local governments. Since disposal fees will ultimately be passed on to waste generators as tipping fees or solid waste collection fees, all Texas businesses, large or small, that continue to dispose of their waste at municipal waste disposal facilities, may see an increase of approximately $1.00 per ton (or $0. 50 per ton if the waste is incinerated or disposed of by means other than landfilling) in charges for such disposal service. Mr. Seale also has determined that for each year of the first five years the amendments are in effect, the public benefits anticipated as a result of enforcing the amendments will be new or increased municipal solid waste management programs made possible by the increased revenues. There will be an additional cost to individuals of approximately $1.00 per person per year, thereby raising the projected per capita annual cost from $0.50 to $1.50. The amendments will have no measurable impact on local employment. The department has scheduled a public hearing to receive comments on the amendments, beginning at 1 p.m., Wednesday, December 11, 1991, in the auditorium, Texas Department of Health, 1100 West 49th Street, Austin. In addition, the department will accept written comments if they are received by 5 p.m., Friday, December 27, 1991. Written comments should be mailed to: T. A. Outlaw, Jr., P.E., Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. Inquiries may be made by contacting Doug McArthur at (512) 406-7721. The amendments are proposed under the Health and Safety Code, sec.361.011, which establishes the department's jurisdiction over municipal solid waste management; sec.361.024, which provides the Board of Health with authority to adopt rules to manage and control municipal solid waste; sec.12.001 which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health; and House Bill 11, First Called Session, 72nd Legislature, 1991, which authorizes the department to establish a new disposal fee structure for municipal solid waste management. The amendments will affect Chapter 361 of the Health and Safety Code. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 19, 1991. TRD-9114547 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: December 27, 1991 For further information, please call: (512) 406-7721 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter V. Franchise Tax 34 TAC sec.3.572 The Comptroller of Public Accounts proposes new sec.3.572, concerning the 1992 transition period. The new section explains how corporations are affected by the franchise tax law because of the changes made by the Texas legislature during 1991. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the proposed section will be in effect there will be no significant revenue impact on the state or local government. The section is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. Dr. Plaut also has determined that for each year of the first five years the section is in effect there would be no significant public cost or benefit. There will be no effect on small business. There is no anticipated economic cost to persons who are required to comply with the proposed section. The new section is proposed under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.572. 1992 Transition. (a) "Beginning date" means: (1) for a Texas corporation, the charter date; and (2) for a foreign corporation, the earlier of: (A) the certificate of authority date; or (B) the date the corporation begins doing business in Texas. (b) Mergers, reorganizations, and transfer of assets. (1) The successor corporation, as defined in paragraph (2) of this subsection, of a merger, reorganization, or transfer of assets occurring after August 13, 1991, and before January 1, 1992, must pay a supplemental tax of 4.5% of net taxable earned surplus which is earned by each nonsurviving corporation from the day after the date upon which the nonsurviving corporation's previous franchise tax report was based through the date of merger, reorganization, or transfer of assets. If the beginning date of the nonsurviving corporation is after October 3, 1990, and before January 1, 1992, the supplemental tax will be on net taxable earned surplus which is earned by the nonsurviving corporation from its beginning date through the date of merger, reorganization, or transfer of assets. (2) A corporation will be considered a successor if: (A) the corporation "acquired" the nonsurviving corporation by merger, reorganization, or transfer of assets; and (B) the nonsurviving corporation is not doing business in Texas after December 31, 1991. (3) The supplemental tax provided for in paragraph (1) of this subsection is due May 15, 1992, for each nonsurviving corporation on a report form specified by the comptroller. If the amount of supplemental tax is less than $100 for a nonsurviving corporation, no supplemental tax is due for that nonsurviving corporation. (c) Shortened privilege periods. All second and regular annual privilege periods which would have ended April 30, 1992, except for changes made by the legislature during 1991, will now end December 31, 1991. (d) Tax rates. (1) The tax rate for the regular annual privilege period beginning May 1, 1991, and ending December 31, 1991, will be $5.25 for each $1,000 or fraction of $1,000 of taxable capital allocated to this state. (2) The tax rate for corporations with a beginning date after April 30, 1990, but before October 4, 1990, will be $5.25 for each $1,000 or fraction of $1,000 of taxable capital allocated to this state per year of privilege period. (3) Except for a corporation which is the nonsurvivor of a merger, reorganization, or transfer of assets occurring after August 13, 1991, and before January 1, 1992, the tax rate for corporations with a beginning date after October 3, 1990, is 0.25% per year of privilege period of net taxable capital and 4.5% of net taxable earned surplus for the entire initial report. (4) In addition to the supplemental tax provided for in this section, the tax rate for a corporation with a beginning date after October 3, 1990, which cease to exist before January 1, 1992, will be $5.25 for each $1,000 or fraction of $1,000 of taxable capital allocated to this state per year of privilege period. (e) Loss of nexus before end of privilege period. If a corporation has nexus for one day of a privilege period, it must pay for the entire privilege period. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 19, 1991. TRD-9114545 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: December 27, 1991 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 4. Medicaid Programs-Children and Pregnant Women Eligibility Requirements 40 TAC sec.sec.4.1004, 4.1006, 4. 1010 The Texas Department of Human Services (DHS) proposes amendments to sec.sec.4. 1004, 4.1006, and 4.1010, concerning expansion of Medicaid eligibility for pregnant women and infants. The amendments increase the percentage of the federal poverty income limits (FPIL) from 133% to 185% of FPIL used to determine eligibility for Medicaid program coverage of pregnant women and children under age one. DHS is proposing the amendments to comply with 72nd Texas Legislature's directive to increase the income eligibility limits for this program. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the proposed amendments are in effect there will be fiscal implications for state government as a result of enforcing or administering the amendments. The effect on state government for the first five-year period the amendments are in effect will be an estimated additional cost of $5,795,306 for fiscal year 1992; $22,670,136 for fiscal year 1993; $24,020,767 for fiscal year 1994; $26,268,841 for fiscal year 1995; and $27,833,081 for fiscal year 1996. There will be no fiscal implications for local government as a result of enforcing or administering the amendments. Mr. Raiford also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be that more needy pregnant women and infants will receive Medicaid program benefits. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed amendments. Questions about the content of the proposal may be directed to Rita King at (512) 450-4148 in DHS's Client Self-support Services. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support- 306, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.4.1004. Eligible Groups.
                The programs serve the following groups of people: (1) pregnant women and children under age one
                  whose income is less than 185%
                    [133%] of the federal poverty income limit (FPIL); (2) children ages one through five
                      [under six] whose family income is less than 133% of the federal poverty limit and whose total resources are less than the food stamp resource limit for households with no members age 60 or over; (3)-(6) (No change.) sec.4.1006. Requirements for Application. To be eligible to apply for the Children and Pregnant Women (CPW) Program, clients must meet the following requirements. (1) (No change.) (2) Resources. Resource limits and types of countable and exempt resources for CPW are the same as those outlined in the AFDC rules, with the following exceptions. (A)-(B) (No change.) (C) When determining eligibility for children described in sec.4.1004(1)-(3) of this title (relating to Eligible Groups)
                        [under six, and children six or older born on or after October 1, 1983], the family's primary vehicle is exempt. All other vehicles are considered in accordance with food stamp resource requirements. (D) (No change.) (3)-(8) (No change.) sec.4.1010. Determining Income Eligibility. Income eligibility is determined using the AFDC eligibility requirements outlined in the AFDC rules with the following exceptions. (1) The income limits for pregnant women and children under age one
                          [six] are 185%
                            [133%] of the federal poverty level adjusted annually to federal requirements. (2) The income limits for children ages one through five are 133% of the federal poverty level adjusted annually according to federal requirements. (3)
                              [(2)] The income limits for children six or older born on or after October 1, 1983, are 100% of the federal poverty level adjusted annually according to federal requirements. (4)
                                [(3)] The types of countable and exempt income are the same as those outlined in the AFDC rules except AFDC payments are countable income for CPW. (5)
                                  [(4)] The AFDC 30 and 1/3 disregard is not used. (6)
                                    [(5)] The budget group concept described in sec.4.1008 of this title (relating to Definition} is applied for determining income eligibility. (7)
                                      [(6) ] The caretaker relative of a child in the budget group may choose to exclude the child's income, resources, and needs when determining eligibility of the child's siblings who are also in the budget group. (8)
                                        [(7)] There is no income eligibility requirement for newborn children described in sec.4.1004(4) of this title (relating to Eligible Groups). (9)
                                          [(8)] Ongoing eligibility for pregnant women is not denied because of increased income. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 19, 1991. TRD-9114540 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: March 1, 1992 For further information, please call: (512) 450-3765 Chapter 15. Medicaid Eligibility Subchapter D. Resources 40 TAC sec.15.435 The Texas Department of Human Services proposes an amendment to sec.15.435, concerning liquid resources, in its Medicaid Eligibility chapter. The purpose of the amendment is to clarify policy for separating funds that clients hold in joint bank accounts. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the section. Mr. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that every Medicaid eligibility policy is applied correctly and uniformly statewide. There will be no effect on small businesses as a result of enforcing or administering the section. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of this proposal may be directed to Judy Coker at (512) 450-3227 in the Long-Term Care Department. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-313, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendment is proposed under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 32, which authorizes the department to administer medical assistance programs. sec.15.435. Liquid Resources. (a) (No change.) (b) Bank accounts. [(1)] A client's bank balance, as of 12:01 a.m. on the first day of the month for which eligibility is being tested, is a countable resource. For reviews, the month being tested cannot be more than two months before the month in which the review is being worked. [(2) If a client has a joint bank account and can legally withdraw funds from it, all the funds in the account are considered a resource to the client. If two or more eligible clients have a joint account with unrestricted access, the department considers that each owns an equal share of the funds. Eligible clients include any Medicaid clients. This equal ownership also applies when income is being diverted from the eligible spouse to the ineligible spouse and when the ineligible spouse is making a full fair standard contribution. If a client is determined ineligible because of excess funds in a joint account, the client must be allowed an opportunity to disprove the presumed ownership of all or part of the funds. He must also be allowed to disprove ownership of joint accounts that do not currently affect his eligibility but may in the future. Transfer-of-resources policy does not apply when a client changes a joint bank account to establish separate accounts in order to reflect correct ownership of and access to the funds.] (c)-(l) (No change.) (m) Joint bank accounts. (1) If a client has a joint bank account and can legally withdraw funds from it, all the funds in the account are considered a resource to the client. If two or more eligible clients have a joint account with unrestricted access, the department considers that each owns an equal share of the funds. Eligible clients include any qualified Medicare beneficiaries and Medicaid clients. This equal ownership also applies when income is being diverted from the eligible spouse to the ineligible spouse and when income is deemed from an ineligible spouse or parent. If a client is determined ineligible because of excess funds in a joint account, the client must be allowed an opportunity to disprove the presumed ownership of all or part of the funds. He must also be allowed to disprove ownership of joint accounts that do not currently affect his eligibility but may in the future. Transfer-of-resources policy does not apply when a client changes a joint bank account to establish separate accounts in order to reflect correct ownership of and access to the funds. (2) In determining whether a client has successfully disproved ownership of funds, the department considers the following information. (A) If the source of the funds and all deposits are the client's money, but withdrawals are not made or are used for the client's benefit, the department considers that the account is owned by the client. (B) If the source of the funds and deposits are from all the joint owners, but withdrawals are not made or used to benefit all joint owners, the department evaluates deposits and withdrawals to determine the amount owned by the client. (C) If the source of the funds and deposits are from individuals other than the client, and the withdrawals are used to benefit individuals other than the client, the department considers the disproval of ownership as successful. In the same situation for source and deposit of funds, if with- drawals are used for the client's benefit, ownership of the funds may still be successfully disproved. However, the department considers any cash contri- butions as a potential source of income. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 18, 1991. TRD-9114481 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: February 1, 1992 For further information, please call: (512) 450-3765 Chapter 29. Purchased Health Services Subchapter G. Hospital Services 40 TAC sec.29.606 The Texas Department of Human Services (DHS) proposes an amendment to sec.29. 606, concerning reimbursement methodology for inpatient hospital services, in its Purchased Health Services chapter. The purpose of the amendment is to revise the reimbursement of services to hospitals with 100 or fewer licensed beds. Hospitals with 100 or fewer licensed beds are currently reimbursed the greater of the amount the hospital received under the prospective payment system or the amount the hospital would have received under the Tax Equity and Fiscal Responsibility Act (TEFRA) principles of reimbursement. This determination is made at final cost settlement of the hospital's fiscal year. A rider in the department's current appropriations bill requires that the determination be made at initial or tentative settlement. Section 29.606 is being amended to specify that the determination will be made at tentative settlement with subsequent adjustment, if applicable, at final settlement. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that providers of hospital services to Medicaid recipients may receive additional reimbursement at tentative settlement, which will help ensure continued provider enrollment and access to care. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Questions about the content of this proposal may be directed to Joe Branton at (512) 338-6505 in DHS's Purchased Health Services Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support Services- 316, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.29.606. Reimbursement Methodology for Inpatient Hospital Services. (a)-(p) (No change.) (q) Hospitals with 100 or fewer licensed beds. The policies in this subsection apply only to hospital fiscal years beginning on or after September 1, 1989, and are applicable only to hospitals with 100 or fewer licensed beds at the beginning of the hospital's fiscal year. At tentative
                                            [final] cost settlement of the hospital's fiscal year (with subsequent adjustment at final cost settlement, if applicable)
                                              , the department or its designee determines what the amount of reimbursement during the fiscal year would have been if the department or its designee reimbursed the hospital under similar methods and procedures used in Title XVIII of the Social Security Act, as amended, effective October 1, 1982, by Public Law 97-248, Tax Equity and Fiscal Responsibility Act (TEFRA). This determination is made without imposing a TEFRA cap. If the amount of reimbursement under the TEFRA principles is greater than the amount of reimbursement received by the hospital under the prospective payment system, the department or its designee reimburses the difference to the hospital. (r) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 18, 1991. TRD-9114483 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: March 2, 1992 For further information, please call: (512) 450-3765 Subchapter K. Definitons 40 TAC sec.29.1001 The Texas Department of Human Services (DHS) proposes an amendment to sec.29. 1001, concerning definitions in its Purchased Health Services chapter. The purpose of the amendment is to comply with Senate Bill 774, enacted by the 72nd Legislature, which redefines the practice of optometry to include thera- peutic optometry. References to optometrists in the Purchased Health Services rules chapter will include therapeutic optometrists who will be reimbursed for the same services currently reimbursable to optometrists. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the section is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the section. Mr. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to enable therapeutic optometrists to treat Medicaid clients and be reimbursed for the same services currently reimbursable to optometrists. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Questions about the content of this proposal may be directed to Kay Sterling at (512) 338-6511 in DHS's Purchased Health Services Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support Services- 261, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The amendment is proposed under the Human Resources Code, Title 2, Chap- ters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.29.1001. General Definitions for Purchased Health Services. The following words and terms, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. Therapeutic optometrist -A person certified by the Texas Optometry Board to practice therapeutic optometry in accordance with the Texas Optometry Act. References in this chapter to optometrists include therapeutic optometrists. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 19, 1991. TRD-9114541 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: February 1, 1992 For further information, please call: (512) 450-3765 Subchapter M. Rural Health Clinics 40 TAC sec.29.1205 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Human Services (DHS) proposes the repeal of sec.29. 1205, concerning limitations, in its Purchased Health Services chapter. The purpose of this repeal is to remove the limitation of no more than 12 visits per recipient in a 12-month period beginning with the date of the first visit to a rural health clinic. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Raiford also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be to reduce paperwork requirements for rural health clinic providers and to help ensure access to medical care for clients. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Questions about the content of this proposal may be directed to Genie DeKneef at (512) 338-6509 in DHS's Purchased Health Services Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support Services- 261, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The repeal is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.29.1205. Limitations. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 18, 1991. TRD-9114482 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: March 2, 1992 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Program for All-Inclusive Care for the Elderly (PACE) 40 TAC sec.48.2807 The Texas Department of Human Services (DHS) proposes an amendment to sec.48. 2807, concerning provider claims payment, in its Community Care for Aged and Disabled chapter. The purpose of the amendment is to allow the Program for All- Inclusive Care for the Elderly (PACE) provider to collect from the client the client's applied income when the client enters a nursing facility, unless the purpose of the stay is respite care. The amendment will make the PACE site in Texas consistent with other PACE sites. Burton F. Raiford, interim commissioner, has determined that for the first five- year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the PACE provider will earn a fair and equitable reimbursement when clients enter a nursing facility. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of this proposal may be directed to Gerardo Cantu at (512) 450-3693 in DHS's Community Care Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-294, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.48.2807. Provider Claims Payment. (a) Bienvivir will receive preset capitation payments from Medicaid based on the client's entitlement. The following conditions must be met for payment to occur. (1) -(2) (No change.) (3) Bienvivir must accept the Texas Department of Human Services's (DHS) capitated rate as payment in full for Medicaid services provided under the waiver program. An exception occurs when a client enters a nursing facility and the client has applied income. Bienvivir will then collect the client's applied income, unless the purpose of the stay is for the client to receive respite care. The applied income will be determined using the same applied income procedures as for other nursing facility recipients covered by Medicaid, as specified in sec.sec.15.100, 15.501, 15.502(a)-(c), 15.503(a), and 15.506 of this title (relating to Definitions, Vendor Living Arrangements, Deduction of Incurred Medical Expenses, Protection of Spousal Income and Resources, and Mandatory Payroll Deductions). (4) (No change.) (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on November 19, 1991. TRD-9114542 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: February 1, 1992 For further information, please call: (512) 450-3765