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 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 20. Reporting Political Contributions and Expenditures Subchapter A. General Rules 1 TAC sec.20.1 The Texas Ethics Commission (the commission) adopts an amendment to sec.20. 1, concerning the definition of a political committee, without changes to the proposed text as published in the May 24, 1994, issue of the Texas Register (19 TexReg 3993). This section excludes from the definition of "political committee" a group of two or more filers who jointly make a reportable expenditure. This means a "joint venture" fundraiser by two or more filers does not create a new separate "committee" required to file a separate campaign treasurer appointment and additional reports. As a result of enforcing this rule, there will be a more suitable filing requirement for activities that would otherwise require duplicate filing. By revising the definition of a political committee, this rule establishes that when two or more filers or political committees required to file reports under Title 15 of the Texas Election Code make reportable expenditures for a joint activity, it does not create a new committee with independent filing requirements. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, Chapter 571, sec.571.062, which provides the commission with the authority to promulgate rules to implement laws administered and enforced by the commission, and by Texas Election Code, sec.251.001(12) (relating to the definition of a political committee). 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 12, 1994. TRD-9447999 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: October 4, 1994 Proposal publication date: May 24, 1994 For further information, please call: (512) 463-5800 Part III. Office of the Attorney General Chapter 61. Crime Victims Compensation 1 TAC sec.61.33 The Office of the Attorney General adopts the repeal of sec.61.33, concerning Crime Victims' Compensation, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6323). The repeal is necessary in order to increase the dollar limit on counseling for eligible residing family members to $3,000. The repeal deletes the present limit of $1,000 for counseling this group of individuals. No comments were received regarding this adoption. 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 12, 1994. TRD-9447936 Jerry Benedict Assistant Attorney General Office of the Attorney General Effective date: October 3, 1994 Proposal publication date: August 12, 1994 For further information, please call: (512) 475-4291 Part XV. Health and Human Services Commission Chapter 351. Coordinated Planning and Delivery of Health and Human Services 1 TAC sec.351.7 The Health and Human Services Commission (HHSC) adopts new sec.351.7, concerning its authority to request the submission of constituent agency strategic plans, biennial updates and biennial legislative appropriations requests, without changes to the proposed text as published in the July 26, 1994, issue of the Texas Register (19 TexReg 5677). The rule will ensure that the Commission has timely access to agency information necessary to produce the coordinated strategic plan and consolidated budget. The new rule's function is to describe how the Commission will determine the due dates for agency information. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4413(502), sec.10 and sec.13, which give the Commission authority to require the health and human services agencies to submit strategic plans and biennial updates, and biennial legislative appropriations requests on dates determined by the Commission. 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 7, 1994. TRD-9448014 Debby Gardner General Counsel Health and Human Services Commission Effective date: October 4, 1994 Proposal publication date: July 26, 1994 For further information, please call: (512) 502-3200 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 28. Texas Agricultural Finance Authority: Loan Guaranty Program 4 TAC sec.28.7 The Board of Directors of the Texas Agricultural Finance Authority (TAFA) of the Texas Department of Agriculture adopts an amendment to sec.28.7, concerning the level of equity required for loans to be made under the TAFA Loan Guaranty Program, without changes to the proposed text as published in the June 21, 1994, issue of the Texas Register (19 TexReg 4799). The amendment is adopted in order to ensure greater compliance with Texas Agriculture Code, sec.58.023(a), which requires that the board provide financial assistance to agricultural businesses that present a reasonable risk and have a sufficient likelihood of repayment. The amendment will function by increasing the required equity from 20% to 25% for a start-up business. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.58.021, which provides that the TAFA shall design and implement programs to provide financial assistance to eligible agricultural businesses; Texas Agriculture Code, sec.58.022, which provides the TAFA with the authority to adopt rules and procedures as necessary for the administration of its programs; and Texas Agriculture Code, sec.58.023, which provides the TAFA Board with the authority to adopt rules to establish criteria for eligibility of applicants and lenders under the TAFA Loan Guaranty Program. 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 13, 1994. TRD-9448007 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: October 4, 1994 Proposal publication date: June 21, 1994 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 11. Surface Mining and Reclamation Division Subchapter D. Coal Mining 16 TAC sec.11.221 The Railroad Commission of Texas adopts an amendment to sec.11.221, concerning ownership and control provisions of permit processing requirements, with changes to the proposed text as published in the July 5, 1994, issue of the Texas Register (19 TexReg 5143). The proposed amendment corresponds to approved provisions of a coal program amendment announced in the March 21, 1994, Federal Register. The amendment changes the date of the latest adoption of rules from January 11, 1993, to the date of the new adoption, which is September 12, 1994. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5920-11, sec.6, which authorize the commission to promulgate rules pertaining to surface coal mining operations. sec.11.221. State Program Regulations. (a)-(b) (No change) (c) The Railroad Commission of Texas has published the state program regulations, as amended September 12, 1994, in booklet form titled "Coal Mining Regulations." Copies may be obtained from the Surface Mining and Reclamation Division, P.O. Box 12967, Austin, Texas 78711-2967. 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 12, 1994. TRD-9447948 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission Effective date: October 3, 1994 Proposal publication date: July 5, 1994 For further information, please call: (512) 463-7008 TITLE 25. HEALTH SERVICES Part XI. Texas Cancer Council Chapter 701. Policies and Procedures 25 TAC sec.701.8 The Texas Cancer Council adopts new sec.701.8, concerning charges for copies of public records, with changes to the proposed text as published in the June 3, 1994, issue of the Texas Register (19 TexReg 4319). The new section is being adopted to add a definition regarding charges for copies of public records. During the comment period, the office of the Secretary of State notified the Council that a specific citation for the General Services Commission charges should be noted. The Texas Cancer Council concurred with the suggested changes after the revised language was reviewed by the office of the Attorney General. The new section is adopted under the Health and Safety Code, Chapters 102. 002 and 102.009, which provide the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan, and Texas Civil Statutes, Article 6252-13a, sec.4, which provide the Texas Cancer Council with the authority to adopt rules governing council practice and procedures. sec.701.8. Charges for copies of public records. (a) The charge to any person requesting copies of any public record of the Council will be the charge established by the General Services Commission at 1 TAC 111. 61-111.70 (relating to Costs of Copies of Open Records) as in effect on April 22, 1994. (b) The Council may reduce or waive these charges at the discretion of the Executive Director if there is a public benefit. 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 12, 1994. TRD-9447952 Emily F. Untermeyer Executive Director Texas Cancer Council Effective date: October 3, 1994 Proposal publication date: June 3, 1994 For further information, please call: (512) 463-3190 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.30 The Texas Youth Commission (TYC) adopts an amendment to sec.85.30, concerning involvement of victims, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6342). The justification for amending the section is to ensure that victims are afforded certain rights. The amendment will correct the conditions that must be met in order to afford a person the rights of a victim. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.035, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. The proposed rule implements the Human Resource Code, sec.61.034. 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 13, 1994. TRD-9448009 Steve Robinson Executive Director Texas Youth Commission Effective date: October 4, 1994 Proposal publication date: August 12, 1994 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services The Texas Department of Human Services (DHS) adopts amendments to sec.sec.3. 2503, 3.2601, and 3.3402, and adopts new sec.sec.3.4001-3.4011, concerning issuance of Aid to Families with Dependent Children (AFDC) and Food Stamp Program benefits by electronic benefit transfer (EBT), in its Income Assistance Services rule chapter. New sec.3.4011 is adopted with changes to the proposed text as published in the June 10, 1994, issue of the Texas Register (19 TexReg 4515). The amendments to sec.sec.3.2503, 3.2601, and 3.3402 and new sec.sec.3.4001-3.4010 are adopted without changes to the proposed text and will not be republished. The justification for the amendments and new sections is to implement a recommendation of the Comptroller's Texas Performance Review. The EBT process involves the issuance of an EBT card and a unique personal identification number (PIN) to each head of household or authorized representative. AFDC and Food Stamp benefits are accessed by using the EBT card to purchase food at USDA- certified retailers and to obtain cash or make purchases with AFDC benefits at USDA-certified retailers or other cash-back outlets approved by DHS. The amendments and new sections will function by eliminating the current policy of mailing AFDC warrants to recipients each month. It also eliminates the issuance of Food Stamp benefits by direct mail or mailing the recipient an Authorization to Participate (ATP) card that must be taken to contracted redemption centers and redeemed for Food Stamp coupons. The amendments and new sections are intended to improve client services and increase efficiency of program operations. During the public comment period, DHS received comments from the Texas Legal Services Center and the Legal Aid Society of Central Texas. A summary of the comments and DHS's responses follow: The following comments were received from the Texas Legal Services Center: Comment 1: The commenter suggested that all EBT retailers selling goods and services for AFDC benefits should be required to allow recipients to obtain cash from their AFDC account. Response: The contract between DHS and the EBT vendor requires the vendor to ensure that AFDC recipients have adequate access to their cash accounts. If the number of Food and Nutrition Service (FNS) retailers in an area does not provide adequate access, it is the responsibility of the vendor to locate additional merchants, as needed, to act as "cash access points." DHS will be tracking this requirement as part of its contract monitoring activities. Comment 2: The commenter suggested that a provision be made for converting the balance remaining in an AFDC electronic account to a state warrant when a family moves out of the EBT area. Response: This suggestion is an issue that will be monitored during the implementation of the EBT system. It is conceivable that, as the system is implemented and then expanded beyond the initial area in Harris and Chambers Counties, items will be identified that can improve the operations of the program. If so, these items will be scheduled for implementation by the time the system is in effect statewide. Comment 3: The commenter suggested incorporating the protections of 15 United States Code, sec.1643, and Regulation E of the Federal Reserve Board. Response: On March 7, 1994, the Federal Reserve Board of Governors published a final rule in the Federal Register (59 FR 10678) to apply Regulation E to EBT systems. This final rule gives states and federal agencies until March 1, 1997, to comply with the provisions of Regulation E. DHS will continue to provide the current protections under the Food Stamp and AFDC programs until then. Comment 4: It was suggested that DHS is a "holder" under the Texas Property Code, sec.72.103 and that the process to expunge benefits in an inactive account is not consistent with the Texas Property Code. Response: DHS's position is that Chapter 72 of the Texas Property Code does not apply because the State of Texas is not a "holder" of its own property. The following comments were received from the Legal Aid Society of Central Texas: Comment 1: The commenter suggested that anyone authorized by the family to access their benefit account(s) obtain the EBT card from the family, rather than being issued a second card and PIN. Response: DHS elected to offer EBT households the opportunity to select a secondary cardholder to allow access to their account(s). DHS will not automatically assign a secondary cardholder-this is an option to the client. DHS developed this option in order to provide clients with maximum flexibility in handling their benefits, which is in keeping with industry practice for debit and bank cards. Comment 2: The commenter suggested that, when a Food Stamp household is moving out of the EBT area and requests a conversion of its benefits in the electronic account to coupons, the time period for using any benefits remaining after this conversion should be one month instead of one week. Response: The one-week time period for using the remaining benefits in the account is mandated by Food Stamp program regulations for EBT systems. No changes are being made to the proposed rules as a result of the comments received; however, DHS is adopting sec.3.4011 with changes as follows: a clarification is made to delete sec.3.4011(b) regarding expunging AFDC accounts. Eligibility for AFDC cash account balances will be determined in accordance with Chapter 403 of the Government Code for the State of Texas. Additionally, "AFDC" will be removed from sec.3.4011(c) and sec.3.4011(c) has been redesignated as sec.3.4011(b). Subchapter Y. Issuing Benefits 40 TAC sec.3.2503 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendment implements the Human Resources Code, sec.22.001 and sec.31.035. 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 9, 1994. TRD-9447882 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1994 Proposal publication date: June 10, 1994 For further information, please call: (512) 450-3765 Subchapter Z. Direct Mail Issuance 40 TAC sec.3.2601 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The amendment implements the Human Resources Code, sec.22.001 and sec.33.002. 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 9, 1994. TRD-9447883 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1994 Proposal publication date: June 10, 1994 For further information, please call: (512) 450-3765 Subchapter HH. Program Violations 40 TAC sec.3.3402 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The amendment implements the Human Resources Code, sec.22.001 and sec.33.011. 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 9, 1994. TRD-9447884 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1994 Proposal publication date: June 10, 1994 For further information, please call: (512) 450-3765 Subchapter NN. Electronic Benefit Transfer 40 TAC sec.sec.3.4001-3.4011 The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The new sections implement the Human Resources Code, sec.22.001 and sec.33. 002. sec.3.4011. Expunging Benefits. (a) The Texas Department of Human Services (DHS) expunges all the Food Stamp benefits in an Electronic Benefit Transfer (EBT) account in the following situations: (1) the account has not been accessed by the household for one year, as specified in 7 Code of Federal Regulations (CFR) sec.274.12(f)(7); (2) the EBT food account has been converted to Food Stamp coupons, and the client has not spent the remaining benefits in the account within one week after the conversion as specified in 7 CFR 274.12(f)(6); or (3) a one-person Food Stamp household is denied due to the death of the recipient. (b) After benefits for Food Stamps are expunged, the household loses its eligibility for the expunged benefits. 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 9, 1994. TRD-9447885 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1994 Proposal publication date: June 10, 1994 For further information, please call: (512) 450-3765