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 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission (Editor's Note: Sections 1.071 and 1.072, of Article 1, Senate Bill 2 (First Called Session, 72nd Legislature), created a Texas Water Well Drillers Advisory Council as part of the Texas Water Commission (TWC). Section 1.089, Article 1, Senate Bill 2, (First Called Session, 72nd Legislature), abolishes the Water Well Drillers Board (WWDB) and transfers the duties, responsibilities, and functions of those boards and all appropriations of this board to the TWC, effective September 1, 1992. The Texas Register is administratively transferring these rules from Part VII. Texas Water Well Drillers Board of Title 31, Chapter 231, 233, and 234 to Part IX. Texas Water Commission. Chapter 231 will be transferred to Chapter 340, Chapter 233 will be transferred to Chapter 341, and Chapter 234 will be transferred to Chapter 339. The Texas Register is also administratively transferring Chapter 287 to Chapter 338 of Part IX. Texas Water Commission. It is the Texas Water Commission's intention that where inconsistencies exist, present Texas Water Commission existing procedural rules shall control and apply to the newly transferred programs. The table below lists the old section numbers and the new section numbers that correspond to them. Copies of the text of these rules are available from the Texas Register office.) TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas Chapter 65. Executive Director 34 TAC sec.65.3 The Employees Retirement System of Texas adopts an amendment to sec.65.3, concerning executive director, without changes to the proposed text as published in the June 30, 1992, issue of the Texas Register (17 TexReg 4672). The rule is adopted to set guidelines for charges to persons requesting copies of documents. The rule will provide information as to the charges for those persons who request documents to be reproduced by the Employees Retirement System of Texas. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.815.102, which provides the Employees Retirement System of Texas with the authority to adopt rules for the administration of the funds of the retirement system. 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 August 31, 1992. TRD-9211893 Charles D. Travis Executive Director Employees Retirement System of Texas Effective date: September 22, 1992 Proposal publication date: June 30, 1992 For further information, please call: (512) 867-3336 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XIII. Texas Commission on Fire Protection Chapter 420. Administration Practice and Procedure 37 TAC sec.sec.420.85, 420.87, 420.93 The Texas Commission on Fire Protection adopts amendments to sec.420.85 and sec.420.87 and new sec.420.93, concerning decision proposals and briefs, exceptions, and replies, and final decisions, orders, and appeals, without changes to the proposed text as published in the July 24, 1992, issue of the Texas Register (17 TexReg 5188). The new section defines the decision-making authority for the executive director and state fire marshal in contested cases and prescribes the procedure for appeals to the commission. The amendments to sec.420.85 and sec.420.87 remove language inconsistent with the new section. The new section will allow a more efficient administration of the commission's duties concerning contested cases arising under the Texas Government Code, Chapter 419, by delegating decision-making authority in such cases to the executive director and by providing appellate procedures to the commission of decisions of the executive director and the state fire marshal. The new section defines the decision-making authority of the executive director to include contested cases arising under the Texas Government Code, Chapter 419, similar to the decision-making authority exercised by the state fire marshal in administering and enforcing applicable provisions of the Texas Insurance Code and other laws. The section provides a time within which an appeal to the commission must be filed. The commission may not consider evidence not presented to or officially noticed by the executive director, state fire marshal, or assigned examiner, but may permit oral agreement on the record. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties, the Government Code, sec.419.036, which requires the commission to prescribe procedures by which all decisions to suspend or revoke certificates are made by or are appealable to the commission, and the Government Code, sec.417.004, which provides the commission with authority to supervise the administration by the state fire marshal of applicable provisions of the Insurance Code and other law. 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 August 31, 1992. TRD-9211837 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: September 21, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 873-1700 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment The Texas Department of Human Services (DHS) adopts amendments to sec.sec.33.122, 33.131, and 33.306. The amendment to sec.33.306 is adopted with changes to the proposed text as published in the July 31, 1992, issue of the Texas Register (17 TexReg 5345). The amendments to sec.33.122 and sec.33. 131 are adopted without changes and will not be republished. The justification for the amendments is to make periodic, routine dental services available to eligible recipients one year of age and older once every six months, as recommended by the Texas Academy of Pediatric Dentistry. Previously, these services were available on an annual basis to persons age three and older. The amendments will function by making preventive dental care available for children at age one and every six months thereafter up to the age of 21. No comments were received regarding adoption of the amendments; however, DHS is adopting sec.33.306 with a change to clarify the title of the section. Subchapter I. Periodicity 40 TAC sec.33.122 The amendment is adopted 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. 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 September 2, 1992. TRD-9211940 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 Subchapter J. Medical Phase 40 TAC sec.33.131 The amendment is adopted 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. 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 September 2, 1992. TRD-9211941 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 40 TAC sec.33.140 The Texas Department of Human Services (DHS) adopts an amendment to sec.33. 140, without changes to the proposed text as published in the July 24, 1992, issue of the Texas Register (17 TexReg 5189). The justification for the amendment is to clarify for providers DHS's reimbursement methodology for expendable medical supplies and durable medical equipment used in the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Program. The amendment will function by informing providers of the methodology DHS uses to reimburse them for covered services under the Medicaid program. No comments were received regarding adoption of the amendment. The amendment is adopted 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. 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 September 1, 1992. TRD-9211861 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 24, 1992 For further information, please call: (512) 450-3765 Subchapter R. Dental Services 40 TAC sec.33. 306 The amendment is adopted 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.33.306. Who Is Eligible for Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT) -Dental. (a) Persons are eligible for EPSDT if they have a current Texas medical care identification that indicates Medicaid eligibility, or have a Medicaid verification letter. (b) Persons eligible for Medicaid are eligible for EPSDT if they are under age 21. Services can be continued through the month the recipient becomes 21. (c) Persons one year of age and older who are eligible for Medicaid may have periodic, routine dental services every six months based on last date of dental services. 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 September 2, 1992. TRD-9211942 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 31, 1992 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Medicaid Waiver Program for Persons with Related Conditions The Texas Department of Human Services (DHS) adopts new sec.sec.48.2110, 48.2208, 48. 2415, and 48.2812, without changes to the proposed text published in the July 28, 1992, issue of the Texas Register (17 TexReg 5279). The justification for the new sections is to comply with the Patient Self- Determination Act provisions of the Omnibus Budget Reconciliation Act (OBRA) of 1990. The sections will function by allowing individuals the right to make decisions about their medical treatment. No comments were received regarding adoption of the sections. The new section is adopted 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. 40 TAC sec.48.2110 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 September 1, 1992. TRD-9211862 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 28, 1992 For further information, please call: (512) 450-3765 Home and Community-Based Services 40 TAC sec.48.2208 The new section is adopted 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. 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 September 1, 1992. TRD-9211863 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 28, 1992 For further information, please call: (512) 450-3765 Medicaid Home and Community-Based Waiver Services for Persons with Mental Retardation and/or Related Conditions Requiring Alternatives to Nursing Facility Placement 40 TAC sec.48.2415 The new section is adopted 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. 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 September 1, 1992. TRD-9211864 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 28, 1992 For further information, please call: (512) 450-3765 Program for All-Inclusive Care for the Elderly (PACE) 40 TAC sec.48.2812 The new section is adopted 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. 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 September 1, 1992. TRD-9211865 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1992 Proposal publication date: July 28, 1992 For further information, please call: (512) 450-3765