ADOPTED RULES
 
 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 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 90. Nursing Facilities and Related Institutions 
  
  Subchapter H. Enforcement 
 
  40 TAC sec.90.235 
 
  The Texas Department of Human Services (DHS) adopts an amendment to sec.90. 
235, concerning administrative penalties, in its Nursing Facilities and Related 
Institutions rule chapter, without changes to the proposed text as published in 
the November 26, 1993, issue of the Texas Register (18 TexReg 8777). 
 The justification for the amendment is to clarify that only one of the criteria 
listed in subsection (b)(1) and (4) needs to be met for an administrative 
penalty to be assessed. 
 The amendment will function by providing clearer policies concerning invoking 
administrative penalties in facilities licensed under the Health and Safety 
Code, Chapter 242. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Health and Safety Code, Chapter 242 which 
provides the department with the authority to license long-term care nursing 
facilities; and under Texas Civil Statutes, Article 4413 (502), historical note 
(Vernon Supplement 1993), 72nd Legislature, which transferred all functions, 
programs, and activities related to long-term care licensing, certification, and 
surveys from the Texas Department of Health to the Texas Department of Human 
Services. 
 The amendment implements the Health and Safety Code, sec.242.061 and sec.242. 
069. 
 
  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 January 5, 1994. 
 TRD-9434210 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: February 1, 1994 
 Proposal publication date: November 26, 1993 
 For further information, please call: (512) 450-3765