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 37. PUBLIC SAFETY AND CORRECTIONS PART IX. Commission on Jail Standards CHAPTER 297.Compliance and Enforcement 37 TAC sec.297.12, sec.297.13 The Commission on Jail Standards adopts amendments to sec.297.12 and sec.297.13, concerning Compliance and Enforcement of out-of-state inmates without changes to the proposed text published in the April 1, 1997, issue of the Texas Register (22 TexReg 3211). Adoption of this rule will delete the requirement that a facility needs analysis be approved for facilities intended for housing persons not committed by local jurisdictions. Upon staff review, it was determined that statutory language does not provide the Commission with the authority to deny approval to build a facility, but only the authority to regulate a facility once the local decision has been made to build it. This change deletes the requirement for a needs analysis and subsequent approval prior to commencing a project. The rule functions to provide minimum jail standards consistent with the authority provided the Commission by statutory law. No comments were received regarding adoption of the amendments. The amendments are proposed under Government Code, Chapter 511 which provides the Texas Commission on Jail Standards with the authority to revise, amend, or change rules and procedures if necessary. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 23, 1997. TRD-9706862 Jack E. Crump Executive Director Commission on Jail Standards Effective date: June 12, 1997 Proposal publication date: April 1, 1997 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART I. Texas Department of Human Services CHAPTER 19.Nursing Facility Requirements for Licensure and Medicaid Certification The Texas Department of Human Services (DHS) adopts amendments to sec.19.1934 and sec.19.2322, without changes to the proposed text published in the April 15, 1997, issue of the Texas Register (22 TexReg 3516). Justification for the amendments is the promotion of the identification and education of children with disabilities living in residential care facilities. The amendments will function by implementing the department's memorandum of understanding (MOU) with the Texas Education Agency (TEA) concerning inter- agency coordination of special education services to students with disabilities, who live in residential care facilities. No comments were received regarding adoption of the amendments. SUBCHAPTER T.Administration 40 TAC sec.19.1934 The amendment is adopted under the Health and Safety Code, Chapter 242, which provides the department with the authority to license nursing facilities; and the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. The amendment implements the Health and Safety Code, sec.sec.242.001 - 242.268, and the Human Resources Code, sec.sec.22.001-22.030. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1997. TRD-9706854 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: June 15, 1997 Proposal publication date: April 15, 1997 For further information, please call: (512) 438-3765 SUBCHAPTER X.Requirements for Medicaid-Certified Facilities 40 TAC sec.19.2322 The amendment is adopted under the Health and Safety Code, Chapter 242, which provides the department with the authority to license nursing facilities; and the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. The amendment implements the Health and Safety Code, sec.sec.242.001 - 242.268, and the Human Resources Code, sec.sec.22.001-22.030. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 22, 1997. TRD-9706853 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: June 15, 1997 Proposal publication date: April 15, 1997 For further information, please call: (512) 438-3765