Part I.
Texas Department of Human Services
Chapter 3.
Income Assistance Services
Subchapter NN. Electronic Benefit Transfer
40 TAC §3.4007
The Texas Department of Human Services (DHS) adopts an amendment
to §3.4007, in its Income Assistance Services chapter. The amendment
is adopted without changes to the proposed text published in the January 1,
1999, issue of the
Texas Register
(24 TexReg
96) and will not be republished.
The justification for the amendment is to allow benefits to be issued in
various ways in the event the Electronic Benefit Transfer (EBT) System is
unavailable for more than three days due to a natural disaster, emergency,
or major crisis of the EBT System.
The amendment will function by ensuring that benefits can still be used
in retail stores even if the EBT System is unavailable.
The department received no comments regarding adoption of the amendment.
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, §§22.001-22.030
and §§31.001-31.0325.
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.
Filed with the Office of the Secretary of State on February
8, 1999.
TRD-9900810
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 438-3765
Chapter 159.
Administrative Rules and Procedures
Subchapter B. Fair Hearing Procedures for Resolution of Client Dissatisfaction
40 TAC §159.21
The Texas Commission for the Blind adopts the repeal of §159.21,
pertaining to Appeals Process, Reviews, and Hearings, without changes to the
proposed text as published in the December 4, 1998, issue of the
Texas Register
(23 TexReg 12256).
The repeal is adopted to allow the agency to simultaneously adopt new and
improved rules for appeals within the Blind and Visually Impaired Children's
Program. The new rules are in Chapter 161 of this title (relating to Appeals
and Hearing Procedures).
The Commission received no comments regarding the proposal.
The repeal is adopted under the authority of Human Resources
Code, Title 5, Chapter 91, §91.011, which authorizes the commission to
adopt rules prescribing the policies and procedures followed by the commission
in the administration of its programs.
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.
Filed with the Office of the Secretary of State on February
10, 1999.
TRD-9900852
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: March 2, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 459-2611
Subchapter B. Blind and Visually Impaired Children's Program
40 TAC §§161.60-161.68
The Texas Commission for the Blind adopts new §§161.60-161.68,
pertaining to Appeals and Hearing Procedures without changes to the proposed
text as published in the December 4, 1998, issue of the
Texas Register
(23 TexReg 12256). The adopted text will not be republished.
The rules will serve as the procedures available to parents whose children
have applied for or are receiving services from the agency's Blind and Visually
Impaired Children's Program. The rules specify the determinations that may
be appealed, the method for requesting an informal review of the determination,
the method for requesting a formal hearing to contest the determination, the
procedures that will be followed in both types of appeal, and the time frames
in which decisions will be made.
The Commission received no comments regarding the proposal.
The rules are adopted under the authority of Human Resources
Code, Title 5, Chapter 91, §91.011(g), which authorizes the commission
to adopt rules prescribing the policies and procedures followed by the commission
in the administration of its programs.
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.
Filed with the Office of the Secretary of State on February
10, 1999.
TRD-9900853
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Effective date: March 2, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 459-2611
Part IV.
Texas Commission for the Blind
Chapter 161.
Appeals and Hearing Procedures
Chapter 173.
Donations