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 Chapter 290. Water Hygiene Rules and Regulations for Public Water Systems 31 TAC sec.290.50 The Texas Water Commission (TWC) adopts new sec.290.50, concerning laboratory analyses, with changes to the proposed text as published in the November 3, 1992, issue of the Texas Register (17 TexReg 7754). Senate Bill 2, First Called Session, 72nd Legislature, transferred all the powers, duties, rights and obligations of the Texas Department of Health (TDH) pertaining to the setting of sanitary standards for drinking water, the protection of public water supplies and bodies of water, the regulation of on- site sewage disposal systems, the administration of on-site wastewater treatment research, and the disposal of radioactive substances to the TWC effective March 1, 1992. The commission is adopting new sec.290.50 in order to set forth the requirements for laboratory analyses regarding drinking water systems. The new section establishes the Texas Department of Health (TDH), Bureau of Laboratories, as the state certified laboratory for public drinking water system monitoring. It also specifies the applicable analytical methods to be used as established by the Environmental Protection Agency and incorporates by reference the federal regulations setting forth those methods. The commission received one comment concerning sec.290.50 as proposed. The commenter suggested that the language in proposed sec.290.50(a) is too restrictive and that the language should be changed in order to clarify that analyses taken as part of the routine operation of a water system may be run in the plant or local laboratory. The commission agrees with this suggestion and has changed the language in sec.290.50(a) accordingly. In addition, the commission has corrected a typographical error in subsection (b) and has changed the title of the section from "Laboratory Analysis" to "Laboratory Analyses." The new section is adopted under Senate Bill 2, First Called Session, 72nd Legislature, which transferred all the powers, duties, rights and obligations of the TDH pertaining to the setting of sanitary standards for drinking water, the protection of public water supplies and bodies of water, the regulation of on- site sewage disposal systems, the administration of on-site wastewater treatment research and the disposal of radioactive substances to the TWC, and under the Texas Water Code, sec.5.103, which authorizes the TWC to adopt any rules necessary to carry out is powers, duties, and policies. sec.290.50. Laboratory Analyses. (a) All samples used to determine compliance with the rules of the Texas Water Commission for chemical, radiological, or bacteriological analyses must be submitted to a laboratory approved by the Texas Department of Health. Non- compliance tests, such as control tests taken to operate the system, may be run in the plant or local laboratory. (b) Methods of analysis shall be as specified in 40 Code of Federal Regulations sec.141.21(f) (microbiological), sec.141.22(a) (turbidity) , sec.141.23(f) (inorganics), sec.141.24(e), (f), and (g) (organics) and sec.141. 25 (radionuclides) of the National Primary Drinking Water Regulations, or by any alternative analytical technique as specified by the Department and approved by the Administrator under 40 Code of Federal Regulations sec.141.27. (c) The Commission adopts by reference the Federal Regulations referred to in subsection (b) of this section. 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 February 8, 1993. TRD-9318766 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 1, 1993 Proposal publication date: November 3, 1992 For further information, please call: (512) 463-8069 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Eligibility Determination The Texas Department of Human Services (DHS) adopts amendments to sec.10.1009 and sec.10.3464, concerning determination and redetermination of income eligibility for child care and development block grant funded child care in its Family Self-Support Services Chapter, without changes to the proposed text as published in the January 5, 1993, issue of the Texas Register (18 TexReg 112). The justification for the amendments is to increase access to child care services for teen parents who need child care in order to complete high school. The amendments will function by allowing more teen parents to receive child care services while finishing high school. No comments were received regarding adoption of the amendments. 40 TAC sec.10.1009 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care 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 Feburary 10, 1993. TRD-9318847 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1993 Proposal publication date: January 5, 1993 For further information, please call: (512) 450-3765 Child Care Management Services Statewide Implementation 40 TAC sec.10.3464 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care 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 Feburary 10, 1993. TRD-9318848 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1993 Proposal publication date: January 5, 1993 For further information, please call: (512) 450-3765 Chapter 29. Purchased Health Services Subchapter L. General Administration 40 TAC sec.29.1126 The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 1126, concerning in-home total parenteral hyperalimentation services, without changes to the proposed text as published in the September 25, 1992, issue of the Texas Register (17 TexReg 6593). The justification for the amendment is to allow DHS to adjust the allowable fees or rates each state fiscal year by applying the projected rate of change of the implicit price deflator for personal consumption expenditures. The amendment will function by allowing DHS to adjust the allowable fees or rates each state fiscal year. During the public hearing held October 15, 1992, DHS received comments from an individual representing the Alamo Home Health Council and Sunbelt PharmaCare. A summary of the comments and DHS's response follows. COMMENT: The commenter suggested that DHS consider changing to the Medicare reimbursement methodology for this service. RESPONSE: During the process of implementing coverage for in-home total parenteral hyperalimentation services, DHS worked with services providers to determine a reasonable and equitable reimbursement rate to cover total parenteral hyperalimentation requirements. At this time, DHS is amending the rule to take into account the increase in inflation since the program was initially implemented. In making the adjustment, DHS used the physician prior- approved package of service reimbursement approach to control costs. The amendment as proposed simply adds a reference to the use of an inflation index to adjust the maximum yearly fee. Because the commenter's concerns are beyond the scope of and do not relate directly to the proposal, DHS is not addressing the commenter's suggestion at this time and is adopting the amendment without changes. 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 and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance 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 Feburary 8, 1993. TRD-9318776 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1993 Proposal publication date: September 25, 1993 For further information, please call: (512) 450-3765