Part II.
Texas Rehabilitation Commission
Chapter 102.
Texas Rehabilitation Advisory Council
40 TAC §102.3, §102.4
The Texas Rehabilitation Commission (TRC) proposes amendments
to §102.3 and §102.4, concerning Composition and Appointment and
Functions of the Council.
The sections are being amended because changes are required by amendments
to the Rehabilitation Act of 1973.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has
determined that for the first five-year period the sections are in effect,
there will be no fiscal implications for state or local government.
Mr. Harrison also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to include grants within the appeal rules for contracts.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendments are proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§102.3.Composition and Appointment.
(a)
Composition of the council shall consist of:
(1)
at least one representative of the Statewide Independent
Living Council established under the Rehabilitation Act of 1973, §705,
which representative may be the chairperson or other designee of the council;
(2)
at least one representative of a parent training and
information center established pursuant to
§682(a) of
the
Individuals with Disabilities Education Act
(as added by §101 of
the Individual with Disabilities Education Act Amendments of 1997; Public
Law 105-17)
[
(3)
at least one representative of the client assistance
program established under the Rehabilitation Act of 1973, §112;
(4)
at least one
qualified
vocational rehabilitation
counselor, with knowledge of and experience with vocational rehabilitation
programs, who shall serve as an ex officio, nonvoting member of the council
if the counselor is an employee of the commission;
(5)
at least one representative of community rehabilitation
program
service providers;
(6)
four representatives of business, industry, and labor;
(7)
representatives of disability advocacy groups representing
a cross-section of:
(A)
individuals with physical, cognitive, sensory, and mental
disabilities; and
(B)
individuals'
[
(8)
current or former applicants for, or recipients
of, vocational rehabilitation services [
(9)
in a State in which one
or more projects are carried out under Section 121 of Title I of the Rehabilitation
Act of 1973, as amended, at least one representative of the directors of the
projects.
(10)
at least one representative
of the State educational agency responsible for the public education of students
with disabilities who are eligible to receive services under Title I of the
Rehabilitation Act of 1973, as amended, and part B of the Individuals with
Disabilities Education Act; and
(11)
at least one representative
of the State Workforce Investment Board.
(b)
The commissioner shall be an ex officio
nonvoting
member of the council.
(c)
Council members are appointed by the governor after soliciting
recommendations from representatives of organizations representing a broad
range of individuals with disabilities and organizations interested in individuals
with disabilities. The governor will select persons who have demonstrated
knowledge of, and interest in, disability issues. Appointments will reflect
a balanced representation of disability, geographic region, and ethnicity.
In selecting members, the Governor shall consider, to the greatest extent
practicable, the extent to which minority populations are represented on the
Council.
(d)
A majority of council members shall be persons who are
individuals with disabilities and not employed by the commission.
(e)
A chairperson will preside over council meetings.
The Council shall select a chairperson from among the membership of the Council.
(f)
Each member of the council shall serve for a term of not
more than three years, except that:
(1)
a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was appointed shall be
appointed for the remainder of such term; and
(2)
the terms of service of the members initially appointed
shall be (as specified by the appointing authority) for such fewer number
of years as will provide for the expiration of terms on a staggered basis.
(g)
No member of the council
other than a representative
described in subsections (a)(3) or (a)(9) of this section
may serve
more than two consecutive
full
terms.
(h)
Any vacancy occurring in the membership of the council
shall be filled in the same manner as the original appointment. The vacancy
shall not affect the power of the remaining members to execute the duties
of the council.
The Governor may delegate the authority to fill such
a vacancy to the remaining members of the Council after making the original
appointment.
§102.4.Functions of the Council.
The Council shall
after consulting with the State Workforce Investment
board
:
(1)
review, analyze, and advise the Commission regarding the
performance of responsibilities, particularly responsibilities relating to:
(A)
eligibility (including order of selection);
(B)
the extent, scope, and effectiveness of services provided;
and
(C)
functions performed by State agencies that affect or that
potentially affect the ability of individuals with disabilities in achieving
employment outcomes under Title I of the Rehabilitation Act of 1973, as amended
[
(D)
jointly identifying with the commission qualified persons
to serve in a pool of impartial hearing officers.
(E)
the review of impartial hearing decisions that have been
redacted ensuring confidentiality.
[
advise the commission
and, at its discretion, assist in the preparation of applications, the state
plan, the strategic plan, and amendments to the plans, reports, needs assessments,
and evaluations required;]
(2)
in partnership with the
commission:
(A)
develop, agree to, and review State goals and
priorities in accordance with §101(a)(15)(C) of the Rehabilitation Act
of 1973, as amended; and
(B)
evaluate the effectiveness of the vocational
rehabilitation program and submit reports of progress to the Commissioner
in accordance with section 101(a)(15)(E);
[
to the extent feasible,
conduct a review and analysis of the effectiveness of, and consumer satisfaction
with]:
[
the functions performed by state agencies and
other public and private entities responsible for performing functions for
individuals with disabilities; and]
[
vocational rehabilitation services:]
[
provided, or paid for from funds made available,
under] Title 29, §725, or through other public or private sources; and]
[
provided state agencies and other public and
private entities responsible for providing vocational rehabilitation services
to individuals with disabilities;]
(3)
advise the commission
regarding activities authorized to be carried out under Title I, and assist
in the preparation of the State plan and amendments to the plan, applications,
reports, needs assessments, and evaluations required by Title I;
(4)
to the extent feasible,
conduct a review and analysis of the effectiveness of, and consumer satisfaction
with:
(A)
the functions performed by the commission;
(B)
vocational rehabilitation services provided
by State agencies and other public and private entities responsible for providing
vocational rehabilitation services to individuals with disabilities under
the Rehabilitation Act; and
(C)
employment outcomes achieved by eligible individuals
receiving services under Title I, including the availability of health and
other employment benefits in connection with such employment outcomes;
(5)
[
[
coordinate with other
councils within the state, including the Statewide Independent Living Council
established under Title 29, §796d, the advisory panel established under
Title 20, §1431(a)(12), the State Planning Council described in Title
42, §6024, and the State Mental Health Planning Council established under
Title 42, §300x-4(e);]
(6)
the Council will report
to the Board at least annually on the Council's activities and on the results
of the Council's work;
(7)
to avoid duplication of
efforts and enhance the number if individual served, coordinate activities
with the activities of other councils within the State, including the Statewide
Independent Living Council established under section 705 of the Rehabilitation
Act, the advisory panel established under §612(a)(21) of the Individuals
with Disabilities Education Act, the State Developmental Disabilities Council
described in §124 of the Developmental Disabilities Assistance and Bill
of Rights Act, the state mental health planning council established under
§1914(a) of the Public Health Service Act, and the State workforce investment
board;
(8)
[
(9)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
26, 1999.
TRD-9904476
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 424-4050
40 TAC §§116.3, 116.4, 116.5, 116.8
The Texas Rehabilitation Commission (TRC) proposes amendments
to §§116.3, 116.4, 116.5 and 116.8, concerning Advisory Committees/Councils.
The sections are being amended because changes are required by amendments
to the Rehabilitation Act.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has
determined that for the first five-year period the sections are in effect,
there will be no fiscal implications for state or local government.
Mr. Harrison also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to include grants within the appeal rules for contracts.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendments are proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§116.3.Statewide Independent Living Council.
(a)-(c)
(No change.)
(d)
Reports. The council shall submit to the federal government
such periodic reports as the federal government may reasonably request, and
keep such records as the federal government finds necessary to verify such
reports.
The council will report to the TRC Board at least annually on
the council's actions and the results of the council's work.
(e)-(f)
(No change.)
§116.4.Medical Consultation Advisory Committee.
(a)-(c)
(No change.)
(d)
Reports. The committee serves in a consultative role to
the commissioner and reports directly to the commissioner following committee
meetings and as otherwise directed by the commissioner.
The committee
will report to the Board at least annually on the committee's activities and
on the results of the committee's work.
(e)-(f)
(No change.)
§116.5.Community Rehabilitation Programs Advisory Committee.
(a)
Legal basis. The Community Rehabilitation Programs Advisory
Committee is created pursuant to the Rehabilitation Act of 1973, as amended,
29 United States Code §701 et seq., and the Texas Human Resources Code,
§111 et seq. Federal law requires that the commission utilize community
rehabilitation programs [
(b)
Purpose. The Community Rehabilitation Programs Advisory
Committee advises the Texas Rehabilitation Commission regarding utilization
and assessment of
and fees for the services provided by
community
rehabilitation programs.
(c)
Tasks. The committee advises the commission regarding:
(1)
utilization of community rehabilitation programs to the
maximum extent feasible;
(2)
establishing and monitoring of standards for the services
provided by community rehabilitation programs; [
(3)
assessing the capacity and effectiveness of community
rehabilitation programs
; and
(4)
the fees paid by the commission
for community rehabilitation program services .
(d)
Reports. The committee provides recommendations to the
commission in periodic reports to the deputy commissioner for [
(e)-(f)
(No change.)
§116.8.Comprehensive Rehabilitation Advisory Committee.
(a)
(No change.)
(b)
Purpose. The purpose of the Comprehensive Rehabilitation
Advisory Committee is to advise the commissioner regarding the development
and implementation of the Comprehensive Rehabilitation Program to assist individuals
with [
(c)
(No change.)
(d)
Reports. The committee serves in a consultative role to
the commission and reports to the commissioner following committee meetings
and as otherwise directed by the commissioner.
The committee will report
to the TRC board at least annually on the committee's actions and the results
of the committee's work.
(e)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July
26, 1999.
TRD-9904475
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 424-4050
Chapter 189.
Purchases of Products and Services from People with Disabilities
1. INTRODUCTION
The Texas Council on Purchasing from People with Disabilities proposes
amendments to §189.7, new §§189.8-189.11 and repeal to §§189.8-189.11,
concerning the contracting with a central nonprofit agency, the selection
of a nonprofit agency and the performance standards for a nonprofit agency.
The proposed amendments will change Chapter 189 with respect to contracting
and selecting a central nonprofit agency for the state use program under Chapter
122, Human Resources Code. In addition, there will be clearly published performance
standards that the central nonprofit agency shall meet.
2. FISCAL NOTE
Dr. Robert A. Swerdlow, Chairman, Texas Council on Purchasing from People
with Disabilities, has determined that for the first five year period these
rules are in effect there will be no fiscal implications for state or local
government as a result of implementing these amendments.
3. PUBLIC BENEFIT/COST NOTE
Dr. Swerdlow further determines that for each year of the first five-year
period the amendments are in effect, the public benefit anticipated as a result
of enforcing these rules will be a clearer understanding of the program provided
by the Texas Council on Purchasing from People with Disabilities. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the rule as proposed.
4. REQUEST FOR PUBLIC COMMENT
Comments on the proposals may be submitted to Chester S. Beattie, Jr.,
Legal Counsel, General Services Commission, P.O. Box 13047, Austin, Texas
78711-3047. Comments must be received no later than 30 days from the date
of publication of the proposal to the
Texas Register
.
40 TAC §§189.7, 189.8, 189.9, 189.10, 189.11
5. STATUTORY AUTHORITY
The amendments are proposed under the authority of the Texas Human Resources
Code, Chapter 122, Section 122.013 which provides the Texas Council on Purchasing
from People with Disabilities with the authority to promulgate rules consistent
with the code.
6. CROSS REFERENCE TO STATUTE
The following statute is affected by these rules: Texas Human Resources
Code, Chapter 122.
§189.7.Contracting with Central Nonprofit Agency(ies).
(a)
The council shall contract with a central nonprofit agency(ies)
to perform, at a minimum, the duties set forth in §122.019(a)(b) of Chapter
122.
(b)
The management fee rate charged by a central nonprofit
agency(ies) for its services to the CRP(s) must be approved by the council.
The maximum management fee rate must be:
(1)
computed as a percentage of the selling price of the product;
or
(2)
computed as a percentage of
the contract
price of a service; and
(3)
[
(4)
[
(c)
A percentage of the management fee described in subsection
(b) of this section shall be set by the council and paid to the council in
an amount necessary to reimburse the general revenue fund for direct and reasonable
costs incurred by the commission in administering its duties under Chapter
122.
(d)
In accordance with §122.019(c)(d) of Chapter 122,
the council shall, at least annually, review services by a central nonprofit
agency(ies) and the revenue required to accomplish the program to determine
whether performance complies with contractual specifications
and performance
standards as provided in §189.9
and accomplishes the council's
objectives.
(e)
The council shall contract with the CNA(s) for a period
of five years. At least once during each two year period of the five year
contract, the council shall review the CNA(s) performance as stated in §189.7
(d) to determine whether the CNA has fulfilled all of its responsibilities
under the contract and decide on continuance of the contract.
[
(f)
Not later than the 60th day before the date the council
adopts or renews a contract, the council shall publish notice of the proposed
contract in the
Texas Register
.
(g)
The CNA(s) will provide to the Council,
on or before
October 15th of each year, the following information
regarding CRP(s)
which have contracted with a CNA,
for the period of July 1st through
June 30th of each year.
[
(1)
Sheltered Workshops.
(A)
the number of disabled persons employed by type of disability
at sheltered workshops managed by the CRP(s);
(B)
the amount of annual wages paid to disabled employees in
sheltered workshops;
(C)
a summary of the sale of products offered by the CRP(s);
(D)
a list of products and/or services offered by a CRP; and
(E)
the geographic distribution of CRP(s).
(2)
Individual Outplacement or Supported Employment.
(A)
the number of individuals in outplacement employed;
(B)
the hourly wage range;
(C)
the range of hours worked; and
(D)
the number of disabled persons employed by primary type
of disability.
§189.8. Selection Process for a Central Nonprofit Agency (CNA(s)).
In accordance with §189.7, the council may:
(1)
approve the performance of the CNA(s) under the contract
and continue the term of the contract with the reviewed CNA(s) or, if the
five year term is concluded, renegotiate a new five-year term contract with
that CNA(s); or
(2)
disapprove the performance of the reviewed CNA(s),
terminate the contract with that CNA and enter into a new contract with another
CNA(s) procured in accordance with Title 10, Subtitle D, Government Code.
Not later than the 60th day before the council continues the term contract,
negotiates a new five-year term contract, or enters into a new contract with
another CNA(s), the council shall publish such notice(s) as required by Texas
law.
(3)
If a CNA(s) under contract to the council ceases operations
under this chapter or breaches the contract, the council may enter into a
new contract with another CNA(s) procured in accordance with Title 10, Subtitle
D, Government Code.
§ 189.9. Performance Standards for a Central Nonprofit Agency (CNA(s)).
(a)
The CNA(s) shall meet the following performance standards
in carrying out the terms and conditions of the contract.
(b)
The CNA(s) must manage and coordinate the day-to-day operation
of the State Use Program including, but not limited to:
(1)
meet interim payroll for six (6) weeks on a continual basis
(2)
market State Use products and services to existing
and potential customers
(3)
research and develop existing and new products and
services
(4)
provide superior customer relations by monitoring
customer satisfaction of services, and products and by responding to customer
complaints within one business day or less
(5)
provide public relations duties by promoting State
Use products and services
(6)
recruit new community rehabilitation programs
(7)
provide training to community rehabilitation programs
(8)
resolve contract issues and/or problems as they arise
between the community rehabilitation program and customers of the program,
referring those that cannot be rehabilitation program and customers of the
program and referring those that cannot be resolved to the council
(9)
provide an annual report that includes audited financial
statements, an updated strategic plan, and an updated Projected Schedule of
Expenses that details how the management fee is being allocated to directly
support the state use program and what amount is being devoted to expanding
direct services to programs that enhance the disabled and what percentage
of funds will be used for administrative overhead, such as salaries
(10)
demonstrate compliance with state and federal tax
laws and payroll laws
(11)
provide accounting services related to purchase orders,
invoice and payments for a major program that exceeds $44 million annually
(12)
work cooperatively with state and community leaders
to promote products and services
(13)
conduct business ethically
(14)
follow the directives of the council, including other
actions requested but not listed in the statute
(15)
promote and train for outplacement/supported employment
for increased employment outcomes
(16)
create goals that support objectives set by the council
(17)
maintain excellent interagency and intra-agency communication
skills and capabilities
(18)
maintain an automated system that tracks and monitors
product and service sales
(19)
respond to inquiries about individual sales and/or
total sales within five (5)business days or sooner
(20)
maintain a quality assurance system that monitors
customer satisfaction with products and providing a response to customer complaints
within five (5)business days or less
(21)
maintain knowledge of governmental contracting and
procurement processes and laws
(22)
provide general administration of all State Use contracts
and purchase orders and
(23)
maintain all necessary records for audit purposes
that are in accordance with the law and directives set forth by the council.
(c)
Performance in Accordance with the council's Strategic
Plan The CNA(s) must administer the State Use program in accordance with the
standards set forth in the Strategic Plan for the council.
(d)
Performance and Problem Tracking Problems will be tracked
and corrected to avoid damages being incurred. Should damages occur they are
to be resolved based on an amount necessary to resolve the complaints.
(e)
Reports The CNA(s) will provide the council with a detailed
report that contains information about new products and service contracts
and renewed service contracts at least three weeks prior to each quarterly
council meeting.
§189.10.Product Specifications and Exceptions.
(a)
A product manufactured for sale through the commission
to any office, department, institution or agency of the state shall be manufactured
or produced according to specifications developed by the commission. If the
commission has not developed specifications for a particular product, the
production shall be based on commercial or federal specifications in current
use by the industry.
(b)
Requisitions for products and/or services required by state
agencies are processed by the commission according to commission rules.
(c)
Exception from subsection (a) of this section may be made
in any case as follows:
(1)
under the rules of the commission, the product and/or service
so produced or provided does not meet the reasonable requirements of the office,
department, institution, or agency; or
(2)
the requisitions made cannot be reasonably complied
with through provision of products and/or services produced by persons with
disabilities.
(d)
An office, department, institution, or agency may not evade
purchasing products and/or services produced or provided by persons with disabilities
by requesting variations from standards adopted by the commission when the
products and/or services produced or provided by persons with disabilities,
per established standards, are reasonably adapted to the actual needs of the
office, department, institution, or agency.
(e)
The commission shall provide the council with a list of
items purchased under the exceptions provided in subsection (b) of this section
monthly, in the format adopted by the council.
§189.11.Determination of Fair Market Value.
(a)
Pursuant to §122.008 of Chapter 122 and §2155.441
of the Texas Government Code, a suitable product and/or service that meets
applicable specifications and that is available within the time specified
must be procured from a CRP at the price determined by the council to be the
fair market price.
(b)
The pricing subcommittee shall review products, services
and price revisions submitted by the CNA(s) on behalf of participating or
prospective CRP(s). Due consideration shall be given to the factors set forth
in § 122.015 and other criteria which is necessary to determine the fair
market price of the products and/or services.
(c)
The pricing subcommittee shall recommend its decisions
regarding products, services and price revisions to the full council for formal
action.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 26, 1999.
TRD-9904472
Judy Ponder
General Counsel
Texas Council on Purchasing from People with Disabilities
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 463-3244
40 TAC §§189.8, 189.9, 189.10, 189.11
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Council on Purchasing from People with Disabilities or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
STATUTORY AUTHORITY
The repeals are proposed under the authority of the Texas Human Resources
Code, Chapter 122, Section 122.013 which provides the Texas Council on Purchasing
from People with Disabilities with the authority to promulgate rules consistent
with the code.
CROSS REFERENCE TO STATUTE
The following statute is affected by these rules: Texas Human Resources
Code, Chapter 122.
§189.8.Selection Process for a Central Nonprofit Agency (CNA(s)).
§189.9.Performance Standards for a Central Nonprofit Agency (CNA(s)).
§189.10.Product Specifications and Exceptions.
§189.11.Determination of Fair Market Value.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
July 26, 1999.
TRD-9904473
Judy Ponder
General Counsel
Texas Council on Purchasing from People with Disabilities
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 463-3244
Chapter 201.
Council Administration: Policies and Procedures
The Children's Trust Fund of Texas Council proposes the repeal of
§§201.1, 201.3, 201.6, 201.7, and amendments to §§201.8,
201.9, and 201.10 concerning Council Administration: Policies and Procedures.
Section 201.1 is being repealed. The section is out-of date and is repetitive
of CTF's enabling legislation, therefore it is repetitive of agency statute
and not an appropriate subject of an agency rule.
Section 201.3 is being repealed. Subsection (a) largely tracks CTF's enabling
legislation, therefore it is repetitive of agency statute and not an appropriate
subject of an agency rule. Subsections (b) and (c) lack a proper statutory
basis.
Section 201.6 is being repealed. This section involves the internal organization
of the agency and incorrectly states the law regarding the executive director's
employment status.
Section 201.7 is being repealed. This section is a restatement of CTF's
enabling legislation, therefore it is repetitive of agency statute and not
an appropriate subject of an agency rule.
Section 201.8 is amended to reflect the correct reference to the Open Meetings
Act (Government Code, Chapter 551). Subsections (a), (c), (g), and (i), and
(k) are repealed. These subsections mirror applicable statutory law. Also,
subsection (d) is repealed. The Open Meetings Act, not a rule, determines
when an agency is authorized to go into executive session.
Section 201.9 is retained but amended by adding a new paragraph (6) as
follows: "adoption of substantive or procedural rules, " to clarify to board
members what actions require Council approvals.
Section 201.10 subsection (b) is repealed because it is a restatement of
existing law, therefore it is repetitive of agency statute and not an appropriate
subject of an agency rule. Additionally the statutory citation is out-of-date.
Mr. Richard Hermann, Director of Finance, has determined that for the first
five year period there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections as proposed. There
will be no foreseeable cost reductions to the state or to local governments,
no net effect on revenues as a result of enforcing and administering the rules,
and no foreseeable implications relating to costs or revenues to the state
or to local governments associated with implementing the rules.
Mr. Hermann also has determined that for each year of the first five year
period that the rules are in effect, the public benefit anticipated as a result
of enforcing the rules as proposed will be a cleaner version of already existing
rules. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the sections as
proposed. There is no anticipated impact on local employment.
Comments should be directed to Sarah Winkler, Director of Education, Children's
Trust Fund of Texas Council, 1884 Highway 71, Cedar Creek, Texas 78612.
40 TAC §§201.1, 201.3, 201.6, 201.7
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Children's Trust Fund of Texas Council or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, §74.003 subsection (a)(11), which grants general rulemaking authority.
The following statues are affected by the proposed repeals: Human Resources
Code, Chapter 74, Section 74.001, 74.002 and 74.003
§201.1.The Children's Trust Fund of Texas Council.
§201.3.Membership.
§201.6.Executive Director.
§201.7.Council Activities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
19, 1999.
TRD-9904348
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas Council
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 303-5061
40 TAC §§201.8, 201.9, 201.10
The amendments are proposed under the Human Resources Code,
§74.003 subsection (a)(11), which grants general rulemaking authority.
The following statutes are affected by the proposed amendments: Human Resources
Code, Chapter 74, Section 74.002 and 74.003
§201.8.Meetings.
[
Regular meetings. The Council
will meet a minimum of two (2) times per year.]
(a)
[
[
Open meetings. All Council
meetings are subject to the requirements of the Texas Open Meetings Act, Texas
Civil Statutes, Article 6252-17. Regular and special meetings of the Council
shall be open to the public.]
[
Executive sessions. Executive
sessions of the Council are meetings with only Council members and invited
persons present and are subject to the following requirements under the Texas
Open Meetings Act, Texas Civil Statutes, Article 6252-17.]
[
Executive sessions are held only to consider
the following items as provided by law:]
[
involving the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee
or to hear complaints or charges against such officer or employee, unless
such officer or employee requests a public hearing;]
[
with respect to the purchase, exchange, lease,
or value of real property and negotiated contracts for prospective gifts or
donations to the state or the governmental body, when such discussion would
have a detrimental effect on the negotiation position of the Council as between
the Council and a third person, firm, or corporation;]
[
regarding the deployment, or specific occasions
for implementation of security personnel or devices; or]
[
in private consultations between a governmental
body and its attorney, in instances in which the Council seeks the attorney's
advice with respect to pending or contemplated litigation, settlement offers,
and matters where the duty of the Council's legal counsel to his/her client,
pursuant to the Code of Professional Responsibility of the State Bar of Texas,
clearly conflicts with applicable statutory provisions.]
[
For any meeting that is closed to
the public, except for consultations in accordance with paragraph (1)(D) of
this subsection, the Council will take one of the following actions.]
[
The Council shall keep an agenda of the proceedings
certified by the presiding officer that each agenda is a true and correct
record of such proceedings. The certified agenda shall:]
[
include an announcement by the presiding officer
at the beginning and end of the closed session or meeting indicating date
and time, and]
[
state the subject matter of each deliberation.]
[
In lieu of the certified agenda requirement
of subparagraph (A) of this paragraph, the Council may make a tape recording
of the proceedings which shall include an announcement made by the presiding
officer at the opening and closing of the meeting indicating the date and
time.]
(b)
[
(c)
[
[
Quorum. Five members will
constitute a quorum.]
(d)
[
[
Minutes. Official minutes
are retained by the state office of the CTF Council and the Texas Legislative
Reference Library.]
(e)
[
[
Dissents. A Council member
may enter a written statement into the official minutes to reflect opposition
to any action taken at a meeting by the Council majority.]
(f)
[
§201.9.Actions Requiring Council Approval.
Council approval is required for the following actions:
(1)-(3)
(No change.)
(4)
when required by law, requested by the executive director,
or desired by the Council; [
(5)
issuance of a formal public statement reflecting the
opinion or policy of the Council
; or
[
(6)
adoption of substantive
or procedural rules.
§201.10.Relationship Between Council and Private Organizations and Donors.
[
[
Standards of Conduct]
[
Standards of conduct of members and employees
of the Council are governed by Article 6252-9B, Texas Civil Statutes.]
[
No member or employee of the Council should
accept or solicit any gift, favor, or service that might reasonably tend to
influence him or her in the discharge of favor, or service that might reasonably
tend to influence him or her in the discharge of official duties or that he
or she knows or should know is being offered with the intent to influence
him/her with the intent to influence his or her official contributions from
individuals or organizations under contract with the Council.]
[
No member or employee of the Council should
accept employment or engage in any business or professional activity which
he or she might reasonably expect would require or induce him or her to disclose
confidential information acquired by reason of his or her official position.]
[
No member or employee of the Council should
accept other employment or compensations which could reasonably be expected
to impair his or her independence or judgment in the performance of his or
her official duties.]
[
No member or employee of the Council should
make personal investments which could reasonably be expected to create a substantial
conflict between his or her private interest and the public interest.]
[
No member or employee of the Council should
intentionally or knowingly solicit, accept, or agree to accept any benefit
for having exercised his or her official powers or performed his or her official
duties in favor of another.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
19, 1999.
TRD-9904349
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas Council
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 303-5061
The Children's Trust Fund of Texas Council proposes amendments to
§§202.6, 202.8, and 202.10 and proposes the repeal of §202.9,
concerning Funded Program Awards and Contracts.
Section 202.6 subsection (a) is amended to delete a delivery address that
is no longer available.
Section 202.8 subsection (f) is amended by including a description of the
confidentiality guidelines that are referred to in the current rule. By adding
the guidelines, applicants will have adequate guidance without going to another
source.
Section 202.10 amends subsection (a) to reflect the amendment to Human
Resources Code, §74.010, which authorizes more than two extensions under
certain circumstances as determined by the Council and defines those circumstances.
Section 202.9 is being repealed because of the conflict of interest provisions
concerning internal policies and are not the proper subject for rules. They
will be transferred to the Policies and Procedures Manual.
Mr. Richard Hermann, Director of Finance, has determined that for the first
five year period there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections as proposed. There
will be no foreseeable cost reductions to the state or to local governments,
no net effect on revenues as a result of enforcing and administering the rules,
and no foreseeable implications relating to costs or revenues to the state
or to local governments associated with implementing the rules.
Mr. Hermann also has determined that for each year of the first five year
period that the rules are in effect, the public benefit anticipated as a result
of enforcing the rules as proposed will be a cleaner version of already existing
rules. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the sections as
proposed. There is no anticipated impact on local employment.
Comments should be directed to Sarah Winkler, Director of Education, Children's
Trust Fund of Texas Council, 1884 Highway 71, Cedar Creek, Texas 78612.
40 TAC §§202.6, 202.8, 202.10
The amendments are proposed under the Human Resources Code,
§74.003 subsection (a)(11), which grants general rulemaking authority.
The following statute is affected by the proposed amendments: Human Resources
Code, Chapter 74, Section 74.003. Powers and duties.
§202.6.Application Requirements and Proposal Submission.
(a)
Proposal format. The Council adopts by reference the document
entitled Request for Proposal (RFP), that is periodically updated and published
by Council staff. Copies are available upon request from the Children's Trust
Fund of Texas Council. [
(b)
Format content. The format consists of the forms and related
material that the applicant will complete to apply to receive funds to perform
services.
(1)
The format included in the application package shall be
used.
(2)
Substantially incomplete proposals will not be considered.
(3)
Proposals received after the closing date will not
be considered.
§202.8.Project Approval.
(a)-(e)
(No change).
(f)
A contractor who provides direct client services must comply
with confidentiality guidelines.
All Contractors who provide direct client
services must maintain confidential files on all participants who receive
those services. All program staff including instructors must review confidentiality
guidelines set forth by the agency prior to employment. Participants may sign
a release of information upon entry into a program. Names, addresses, phone
numbers and other identifying information must not be released to anyone without
the participant's prior written approval.
(g)-(h)
(No change.)
§202.10.Renewal Funding.
(a)
Renewal of a grant is not automatic. Grants may be renewed
twice for a total contract period of three years at the Children's Trust Fund
of Texas Council's (CTF's) option, when authorized by the CTF Council, and
when it is in the best interest of the CTF Council.
A Program may be
eligible for renewal a third time as determined by the CTF Council under certain
circumstances which include but are not limited to funding availability, proven
program success, and demonstrated community support.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 19, 1999.
TRD-9904350
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas Council
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 303-5061
40 TAC §202.9
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Children's Trust Fund of Texas Council or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is adopted under the Human Resources Code,
§74.003 subsection (a)(11), which grants general rulemaking authority.
The following statute is affected by the proposed repeal: Human Resources
Code Chapter 74, Section 74.009.
§202.9.Conflict of Interest.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
July 19, 1999.
TRD-9904351
Janie D. Fields, MPA
Executive Director
Children's Trust Fund of Texas Council
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 303-5061
, §631(e)(1) (20 United States Code 1431(e)(1))
];
parents, family members,
guardians, advocates, or authorized
] representatives of individuals
with disabilities who have difficulty in representing themselves or are unable
due to their disabilities to represent themselves; [
and
]
.
]
;
rehabilitation goals and objectives
] ;
(2)
(3)
(A)
(B)
(i)
(ii)
(4)
] prepare and submit
an annual report to the governor [
or appropriate state entity
]
and the commissioner on the status of vocational rehabilitation programs operated
within the state, and make the report available to the public;
(5)
(6) advise the commission and
]
provide for coordination and the establishment of working relationships between
the commission and the Statewide Independent Living Council and centers for
independent living within the state; and
(7)
] perform such other functions
consistent with the Rehabilitation Act of 1973, as amended, as the
State
Rehabilitation
council determines to be appropriate that are comparable
to other functions performed by the council.
Chapter 116.
Advisory Committees/Council
to the maximum extent feasible
]
to promote integration and competitive employment
and that the commission
assess the capacity and effectiveness of community rehabilitation programs.
and
]
rehabilitation
services
]
field and external operations. The committee will report
to the Board at least annually on the committee's activities and on the results
of the committee's work
.
closed head
]
traumatic brain
injuries and
traumatic
spinal cord injuries as described in Chapter 113 of this
title (relating to Comprehensive Medical Rehabilitation).
Part VII.
Texas Council on Purchasing from People with Disabilities
must be
] included in the selling price
or contract price; and
must be
] paid at the time of sale.
The council shall contract with the CNA(s) for periods of 12 months. Contracts
may be extended with or without amendments for one additional 12 month period.
At any time during the 24 month period, but not later than the end of the
24 months, the council must enter into a new contract with the CNA(s).
]
the following information for the period
of July 1st through June 30th of each year.
]
Part VIII.
Children's Trust Fund of Texas Council
(a)
(b)
] Special meetings. Special
meetings may be called by the chairperson at a time and location designated
in a notice of the meeting.
(c)
(d)
(1)
(A)
(B)
(C)
(D)
(2)
(A)
(i)
(ii)
(B)
(e)
] Notice of meeting. The notice
of meetings shall be published in the Texas Register in accordance with state
requirements.
(f)
] Agendas. The chairperson will
approve the official agenda, which will be distributed the day of the meeting.
Any matter may be placed on the agenda for consideration by the written request
of three members of the Council within 30 days of a regular or special meeting.
(g)
(h)
] Rules of order. The Council
will use Robert's Rules of Order, Newly Revised, except that the chairperson
may vote on any action as any other member of the Council, and any other exception
as provided in Council management policies or by statute.
(i)
(j)
] Public participation. The
public may participate in the Council's scheduled meetings by personal appearance
in accordance with accepted rules of order and as determined by the chairperson
and the executive director or by submitting written comments.
(k)
(l)
] Public statements. When making
public statements concerning matters under the jurisdiction of the Council,
members will not imply that their individual opinions reflect the official
position or policy of the Council.
or
]
.
]
(a)
Authority and purpose.
] These rules
are proposed under the provisions of Human Resources Code, Chapter 74, whereby
the Council may apply for and receive funds made available by the federal
or state government or by another public or private source, which funds may
be designated and expended for administrative purposes or for grants for child
abuse and neglect prevention programs, and which may be deposited in either
the
Trust Fund
[
trust fund
] or the
Operating Fund
[
operating fund
], as appropriate. The Council may solicit
donations for child abuse and neglect prevention programs and public information
and education activities.
(b)
(1)
(2)
(3)
(4)
(5)
(6)
Chapter 202.
Funded Program Awards and Contracts
P. O. Box 160610, Austin, Texas 78716-0610.
]
Chapter 203.
Advisory Committees