Part I.
Texas Department of Health
Chapter 1.
Texas Board of Health
Subchapter E. Use of Departmental Facilities by Public Health Related Organizations and Public Employee Organizations
The Texas Department of Health (department) adopts the repeal of §§1.71-1.74,
and adopts new §1.71, concerning the use of departmental facilities without
changes to the proposed text as published in the December 4, 1998, issue of
the
Texas Register
(23 TexReg 12078); therefore
the section will not be published. Specifically, the new section addresses
the use of departmental facilities by public health-related organizations
and public employee organizations. The repeal is necessary in order to reorganize
the four current sections into a new section.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Sections 1.71-1.74 has
been reviewed and the department has determined that the reasons for adopting
the sections continue to exist; however, the sections are reorganized into
a single section.
The Administrative Procedure Act, §2001.021 requires each state agency
to adopt rules of practice stating the nature and requirements of all available
formal and informal procedures. Section 2001.003 defines the term "rule" to
include a state agency statement of general applicability that implements
or prescribes policy or describes the procedure or practice requirements of
a state agency but does not include a statement regarding only the internal
management of an agency not affecting private rights or procedures. New §1.71
fits within the definition of a "rule". This section informs readers that
there are procedures for public health- related organizations and public employee
organizations to obtain approval for limited use of departmental facilities.
The rule is further supplemented and explained in the department's Administrative
Policy Executive Order XO-1003.
The department published a notice of intention to review the four sections
as required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received by the department
following that notice. In addition, no comments were received during the comment
period for this repeal and new section.
25 TAC §§1.71-1.74
The repeal is adopted under the Administrative Procedure Act,
§2001.004 which requires state agencies to adopt rules of practice stating
the nature and requirements of all available formal and informal procedures
and the Health and Safety Code, §12.001 which provides the Texas Board
of Health (board) with the authority to adopt rules for its procedures and
for the performance of each duty imposed by law on the board, the department,
and the commissioner of health. The General Appropriations Act, Article IX,
Rider 167, passed by the 75th Legislature is implemented by this adoption.
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 May
24, 1999.
TRD-9903014
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 458-7236
25 TAC §1.71
The new section is adopted under the Administrative Procedure
Act, §2001.004 which requires state agencies to adopt rules of practice
stating the nature and requirements of all available formal and informal procedures
and the Health and Safety Code, §12.001 which provides the Texas Board
of Health (board) with the authority to adopt rules for its procedures and
for the performance of each duty imposed by law on the board, the department,
and the commissioner of health. The General Appropriations Act, Article IX,
Rider 167, passed by the 75th Legislature is implemented by this adoption.
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 May
24, 1999.
TRD-9903015
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 458-7236
25 TAC §1.81
The Texas Department of Health (department) adopts an amendment
to §1.81, concerning petitions for the adoption of a rule without changes
to the proposed text as published in the December 4, 1998, issue of the
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.81 has been reviewed
and the department has determined that the reasons for adopting the section
continue to exist.
The Administrative Procedure Act, §2001.021 requires each state agency
to adopt rules relating to the form of a petition for adoption of rules and
the procedures for submission, consideration, and disposition of the petition.
The law also requires that a state agency shall deny the petition in writing
or initiate rulemaking procedures not later than the 60th day after the date
of submission of a petition. Section 1.81 describes the form of a petition
which would be accepted by the commissioner of health. The amendment states
that the commissioner may refuse to accept a petition which is not in the
correct form, rather than requiring board action to deny an unacceptable petition.
The amendment also provides that the commissioner shall submit an accepted
petition to the board and that the board shall deny the petition or institute
rulemaking procedures within 60 days after receipt of an accepted petition.
The department published a Notice of Intention to Review this section as
required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received by the department
following that notice. In addition, no comments were received during the comment
period for this amendment.
The amendment is adopted under the Administrative Procedure Act,
§2001.021 which requires state agencies to adopt rules relating to petitions
for adoption of rules and the Health and Safety Code, §12.001 which provides
the board with the authority to adopt rules for its procedures and for the
performance of each duty imposed by law on the board, the department, and
the commissioner of health. The General Appropriations Act, Article IX, Rider
167, passed by the 75th Legislature is implemented by this adoption.
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 May
24, 1999.
TRD-9903013
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 458-7236
25 TAC §1.111
The Texas Department of Health (department) adopts the repeal
of §1.111, concerning the State Legalization Impact Assistance Grant
(SLIAG) without changes to the proposed text as published in the January 29,
1999, issue of the
Texas Register
(24 TexReg
486), and therefore will not be republished.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.111 has been
reviewed and the department has determined that the reasons for the existence
of this rule no longer exists and the grant under this rule is no longer funded.
The department published a Notice of Intention to Review the section as
required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received concerning
the notice for review of this section.
No comments were received on the proposed rule during the comment period.
The repealed section implemented Federal Legislation to alleviate
the financial impact on state and local government that might result from
the adjustment of immigration status of certain groups of aliens residing
in the states through grant use of reimbursement of or payments for cost incurred
by state or local governments in providing public assistance, public health
assistance and educational services to eligible legalized aliens.
The repeal is adopted under Administrative Procedure Act, Government Code
§2001.004, which requires state agencies to adopt rules of practice stating
the nature and requirements of all available formal and informal procedures.
Section 2001.003(6)(B) provides that the repeal of a prior rule is a "rule"
and the Health and Safety Code, §12.001, provides that the Texas Board
of Health (board) has authority to adopt rules for its procedures for the
performance of each duty imposed by law on the board, the department, and
the commissioner of health. The General Appropriations Act, House Bill 1,
Article IX, Rider 167, passed by the 75th Legislature is implemented by this
adoption.
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 May
24, 1999.
TRD-9903045
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 458-7236
The Texas Department of Health (department) adopts the repeal of §1.151
and new §1.151 and §1.152 concerning the operation of the Medical
Advisory Board (MAB) without changes to the proposed text as published in
the March 5, 1999, issue of the
Texas Register
(24 TexReg 1554) and therefore the sections will not be republished.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, required that each state agency review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.151 has been
reviewed and the department has determined that reason for adopting the section
continues to exist in that a rule on this subject is needed; however, revisions
needed are reflected in new §1.151 and §1.152.
The department published a Notice of Intention to Review §1.151 which
was published in the September 4, 1998, issue of the
Texas Register
(23 TexReg 9076). No comments were received.
New §1.151 and §1.152 became necessary due to legislation in
the 75th Legislature, Regular Session. Specifically, House Bill 2909 amended
§12.092 and §12.095 of the Health and Safety Code to additionally
require the MAB to assist the Department of Public Safety in determining whether
an applicant for or a holder of a license to carry a concealed handgun is
capable of exercising sound judgment with respect to the proper use and storage
of a handgun. References to the Medical Standards on Motor Vehicle Operations
Division have been replaced with language referring to the Medical Advisory
Board or the bureau. New §1.152 creates a department physician to serve
as permanent chair of the MAB for quality improvement, to ensure stability
and to increase the efficiency of the panel.
No comments were received by the department on the proposed rules.
25 TAC §1.151
The repeal is adopted under the Health and Safety Code, §§12.001,
12.092, 12.094, and 12.095, which provide the Texas Board of Health (board)
with the authority to adopt rules for the performance of every duty imposed
by law on the board, the department, and the commissioner of health. The General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature is implemented by this adoption.
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 May
24, 1999.
TRD-9903019
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236
25 TAC §1.151, §1.152
The new sections are adopted under the Health and Safety Code,
§§12.001, 12.092, 12.094, and 12.095, which provide the Texas Board
of Health (board) with the authority to adopt rules for the performance of
every duty imposed by law on the board, the department, and the commissioner
of health. The General Appropriations Act, House Bill 1, Article IX, Rider
167, passed by the 75th Legislature is implemented by this adoption.
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 May
24, 1999.
TRD-9903020
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236
25 TAC §1.161
The Texas Department of Health (department) adopts an amendment
to §1.161 concerning Delinquent Corporate Franchise Taxes with changes
to the proposed text published in the December 4, 1998, issue of the
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature (1997), requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.161 has been
reviewed and the department has determined that the reasons for adopting the
section continue to exist.
The Business Corporation Act, Article 2.45 states that a corporation that
is delinquent in a franchise tax owed to the state may not be awarded a contract
by a state agency and may not be granted a permit or license by any state
agency. While the state law does not require the department to adopt rules,
it is appropriate to have rules to clarify the requirements of the department
for applicants and contractors and to provide consistency throughout department
programs. The section incorporates the requirement of the General Services
Commission that certain bids submitted by a corporation must contain the required
certification. The amendment also incorporates the current legal requirement
that a limited liability company, as well as any type of corporation, file
the certification. One minor change was made to the final rule text as described
in this adoption preamble.
The department published a notice of intention to review the section as
required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received by the department
following that notice. In addition, no comments were received during the comment
period for this amendment.
The department is making the following minor change due to a staff comment
to clarify the intent and improve the accuracy of the section.
Change: Concerning §1.161(b), language was added to recognize that
the location of the General Service Commission requirement may be renumbered
or revised. The department will not have to amend the reference if the commission
should revise its requirement.
The amendment is adopted under the Business Corporation Act,
Article 2.45 which requires state agencies to not award contracts or grant
permits or licenses to corporations that are delinquent in the payment of
their franchise tax and the Health and Safety Code, §12.001 which provides
the board with the authority to adopt rules for its procedures and the performance
of each duty imposed by law on the board, the department, and the commissioner
of health. The General Appropriations Act, Article IX, Rider 167, passed by
the 75th Legislature (1997) is implemented by this adoption.
§1.161. Delinquent Corporate Franchise Taxes.
(a)
Each corporation contracting with the department or each
corporate applicant for an original or renewal license or permit issued by
the department shall certify:
(1)-(3)
(No change.)
(b)
The department must have the certification on file before
the department will enter into the contract or issue the license or permit.
When required by the General Services Commission under 1 Texas Administrative
Code §113.5(a)(13) (relating to Bid Submission, Bid Opening, and Tabulation)
or other applicable General Services Commission requirement, a bid submitted
by a corporation must contain the certification.
(c)
(No change.)
(d)
If the corporation makes a false statement as to corporate
franchise tax status on any contract, the statement is grounds for cancellation
of the contract by the department at the sole option of the department.
(e)
The term "corporation" includes a limited liability company.
(f)
This section covers any contract, permit, or license issued
by the department. However, the Texas Board of Health may adopt rules covering
delinquent franchise taxes for individual programs within the department.
In such cases, the individual program section will prevail over this section.
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 May
24, 1999.
TRD-9903011
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 458-7236
25 TAC §1.181
The Texas Department of Health adopts an amendment to §1.181
concerning Grants and Contracts for Professional Services without changes
to the proposed text published in the January 29, 1999, issue of the
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature (1997) requires that each state agency review and
consider for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 1.181 has been
reviewed and the department has determined that reasons for readopting this
section continue to exist; however, §1.181 requires an amendment as adopted
herein.
The department published a Notice of Intention to review this section as
required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received concerning
the review.
Section 1.181 implements Health and Safety Code, §12.0121 which requires
the Board of Health (board) to adopt a list of categories of licensed, certified,
registered, or otherwise authorized providers by rule to whom the department
may award a grant for professional services or with whom the department may
contract or otherwise engage to perform these types of professional services.
The rule was originally adopted in 1991. This amendment updates the list of
licensed, certified, or registered health or allied health professionals that
have been licensed, certified or registered as professionals since 1991.
Specifically, the amendment adds chemical dependency counseling, contact
lens dispensing, marriage and family therapy, medical radiologic technology,
orthotist, perfusionist, podiatry, professional medical physics, prosthetics,
physician's assistant, sex offender treatment, spectacle dispensing, and any
other category for which an individual is licensed, certified, registered
or otherwise authorized by the state and who is acting within the scope of
the individual's license, certification, registration, or other authorization
in the practice of a health or allied health professional.
The following comments were received concerning the proposed section. Following
the comments are the department's responses.
Comment: Concerning §1.181, the Texas Osteopathic Medical Association
(TOMA) requested that a reference be added to Health and Safety Code, Chapter
12.0121.
Response: The department disagrees. The reference to the Health and Safety
Code, §12.0121 is correct and no change was made as a result of this
comment.
Comment: Concerning §1.181, TOMA requested that "Osteopathic Manipulative
Treatment" be added to the list of Professional Services.
Response: The department disagrees. "Osteopathic Manipulative Treatment
is included in the definition of "practicing medicine" under the Medical Practice
Act, Article 4495, PRCS. The department has had the authority to contract
with osteopathic physicians to provide this service since 1991. No change
was made as a result of this comment.
The comments were received from the Texas Osteopathic Medical Association.
TOMA was neither for nor against rules and offered comments for clarification
purposes.
The amendment is adopted under the Health and Safety Code, §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for the performance of every duty imposed by law on the board, the department,
and the commissioner of health, and Health and Safety Code, §12.0121,
authorizing the department to contract for professional services. The General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
Legislature (1997) is implemented by this adoption.
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 May
24, 1999.
TRD-9903023
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date:January 29, 1999
For further information, please call: (512) 458-7236
25 TAC §§1.203-1.205, 1.207
The Texas Department of Health adopts amendments to §§1.203-1.205
and 1.207, concerning investigations of abuse, neglect, or exploitation of
children or elderly or disabled persons without changes to the proposed text
as published in the January 29, 1999, issue of the
Texas Register
(24 TexReg 488); therefore, the sections will not be
republished.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires that each state agency review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Sections 1.201-1.207 have
been reviewed and the department has determined that reasons for readopting
these sections continue to exist; however, §§1.203-1.205 and 1.207
require amendments as adopted herein.
The department published a Notice of Intention to Review the sections as
required by Rider 167 in the
Texas Register
(23 TexReg 9075) on September 4, 1998. No comments were received.
The adopted admendments implement Acts 1997, 75th Legislature, Chapter
1022 (Senate Bill 359), amending the Human Resources Code, Chapter 48, and
the Family Code, Chapter 261, which authorize the department to conduct investigations
of abuse, neglect, or exploitation of children or elderly or disabled persons
and to adopt rules relating to such investigations.
Specifically, the amended sections cover definitions; abuse, neglect, and
exploitation defined; reports and investigations; and confidentiality of the
investigative process and reports.
Section 1.203 defines words and terms used throughout the rules. The definitions
are numbered in compliance with
Texas Register
format requirements (1 TAC §91.1, effective February 17, 1998). The definition
of "facility" was amended to add "youth camps" to the list of facilities and
to update the description of the hospitals operated by the department. The
definition of "sexual abuse" was amended to correct the spelling of "nonconsensual."
Section 1.204 defines abuse, neglect and exploitation. Subsection (a)(1)(H)
was amended to comply with
Texas Register
form and style requirements. New language was added to subsection (a)(1)(I)
and (J) and subsection (a)(2)(A) and (B) to conform to changes to the Human
Resources Code, Chapter 48 in accordance with Senate Bill 359.
Section 1.205 covers reports and investigations. New language in subsection
(i)(1) and new subsection (o) were added to conform to changes to the Family
Code, Chapter 261 in accordance with Senate Bill 359.
Section 1.207 covers confidentiality of investigative process and report.
New subsections (h)-(j) were added to conform to changes to the Family Code,
Chapter 261 in accordance with Senate Bill 359.
No comments were received during the comment period for the proposal of
these amendments.
The amendments are adopted under the Health and Safety Code,
§12.001 which provides the Texas Board of Health (board) with the authority
to adopt rules for the performance of every duty imposed by law on the board,
the department, and the commissioner of health; the Family Code, §261.401
which requires rules relating to the investigation of abuse or neglect of
a child; and the Human Resources Code, §48.083 which requires rules relating
to the investigation of abuse, neglect, or exploitation of an elderly or disabled
person. The General Appropriations Act, House Bill 1, Article IX, Rider 167,
passed by the 75th Legislature is implemented by this adoption.
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 May
24, 1999.
TRD-9903041
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 458-7236
25 TAC §3.41
The Texas Department of Health (department) adopts the repeal
of §3.41, concerning the contract with the Texas Health Care Information
Council (council) without changes to the proposed text as published in the
January 29, 1999, issue of the
Texas Register
(24 TexReg 491), and therefore the section will not be republished.
The Texas Legislature created the council through passage of its enabling
legislation, Chapter 108 of the Health and Safety Code, in 1995. Section 108.008(b)(2),
as originally enacted, required the department to provide assistance to the
council in accordance with rules adopted by the board (Board of Health) after
consulting with the council and set out in the contract with the council.
Senate Bill 788, 75th Legislature, 1997, removed the wording from the law
requiring the board to adopt rules. The department and the council currently
have a memorandum of understanding in place as required by Senate Bill 788.
The department and council will continue to have a contract although it will
no longer be adopted by board rule.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Section 3.41 has been reviewed
and the department has determined that the reasons for adopting the section
no longer exist.
The department published a notice of intention to review the section as
required by Rider 167 in the
Texas Register
(23 TexReg 9077) on September 4, 1998. No comments were received concerning
the notice for review of this section.
No comments were received on the proposal during the comment period.
The repeal is adopted under the Health and Safety Code, §12.001
which provides the Texas Board of Health (board) with the authority to adopt
rules for its procedures and for the performance of each duty imposed by law
on the board, the department, and the commissioner of health. The General
Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th
legislature, is implemented by this adoption.
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 May
24, 1999.
TRD-9903017
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: January 29, 1999
For further information, please call: (512) 458-7236
Subchapter F. Advisory Committee
25 TAC §14.501
The Texas Department of Health (department) adopts an amendment
to §14.501, concerning the Indigent Health Care Advisory Committee (committee)
without changes to the proposed text as published in the March 5, 1999, issue
of the
Texas Register
(24 TexReg 1556), and
therefore the section will not be republished. The committee provides advice
to the Texas Board of Health (board) in the area of the Indigent Health Care
Program.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the committee. The rule
stated that the committee will automatically be abolished on July 1, 1999.
The board has now reviewed and evaluated the committee and has determined
that the committee should continue in existence until July 1, 2003.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to reference the Government Code; to continue
the committee until July 1, 2003; to change the composition of the committee;
to clarify that members holdover until their replacement is appointed; to
standardize the time of the appointment process at every two years instead
of every year; to require that the presiding officer and the assistant presiding
officer of the committee will be selected by the chairman of the board for
a term of two years; to allow a temporary vacancy in the office of assistant
presiding officer to be filled by vote of the committee until appointment
by the chairman of the board occurs; to clarify that the committee is prohibited
from holding an executive session (closed meeting) for any reason; to clarify
that the committee and its members may not participate in legislative activity
in the name of the board, the department, or the committee except with certain
approval; to require the committee's annual report in July rather than January;
and reimbursement for a committee member's expenses if authorized by General
Appropriations Act or budget execution process. These changes clarify procedures
for the committee and emphasize the advisory nature of the committee.
No comments were received on the proposal during the comment period.
The amendment is adopted under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
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 May
24, 1999.
TRD-9903043
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236
Subchapter B. State Primary Care Program Advisory Committee
25 TAC §39.41
The Texas Department of Health (department) adopts the repeal
of §39.41, concerning the Community Oriented Primary Care Advisory Committee
(committee) without changes to the proposed text as published in the March
5, 1999, issue of the
Texas Register
(24 TexReg
1560). The committee has provided advice to the Texas Board of Health (board)
and the department in planning, coordinating, and administering the development
of a community-based comprehensive system of primary care, encompassing a
full spectrum of psychosocial, preventive, acute/urgent, case management,
and dental services.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the Community Oriented
Primary Care Advisory Committee. The rule stated that the committee will automatically
be abolished on July 1, 1999. The board has now reviewed and evaluated the
committee and has determined that the committee should be abolished. Issues
relating to the type of advice previously provided by the committee may be
addressed through the establishment of ad hoc committees.
No comments were received on the proposal during the comment period.
The repeal is adopted under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
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 May
24, 1999.
TRD-9903022
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236
Subchapter F. Advisory Committee
25 TAC §115.71
The Texas Department of Health (department) adopts an amendment
to §115.71 concerning the Home and Community Support Services Advisory
Committee (committee) without changes to the proposed text as published in
the March 5, 1999, issue of the
Texas Register
(24 TexReg 1560), and therefore the section will not be republished. The committee
provides advice to the Texas Board of Health (board) in the area of licensing
of home and community support services agencies and was established under
the Health and Safety Code, §142.015.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the committee. The rule
stated that the committee will automatically be abolished on July 1, 1999.
The board has now reviewed and evaluated the committee and has determined
that the committee should continue in existence until July 1, 2003.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to reference the Government Code; to add
the task of advising the department on enforcement provisions as specified
in the Health and Safety Code, §142.015(c); to continue the committee
until July 1, 2003; to clarify who may call a meeting; to clarify that the
committee is prohibited from holding an executive session (closed meeting)
for any reason; to clarify that the committee and its members may not participate
in legislative activity in the name of the board, the department, or the committee
except with certain approval; to require the committee's annual report in
July rather than January; and to reference reimbursement of a member's expenses
if authorized by the General Appropriations Act or budget execution process.
These changes clarify procedures for the committee and emphasize the advisory
nature of the committee.
No comments were received on the proposal during the comment period.
The amendment is adopted under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
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 May
24, 1999.
TRD-9903010
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236
25 TAC §115.72
The Texas Department of Health (department) adopts an amendment
to §115.72 concerning the Texas Department of Health/Board of Nurse Examiners
(TDH/BNE) Memorandum of Understanding Advisory Committee (committee) with
changes to the proposed text as published in the March 5, 1999, issue of the
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the committee. The rule
stated that the committee will automatically be abolished on July 1, 1999.
The board has now reviewed and evaluated the committee and has determined
that the committee should continue in existence until July 1, 2003.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to reference the Government Code; to continue
the committee until July 1, 2003; to clarify that members holdover until their
replacement is appointed; to clarify that the committee is prohibited from
holding an executive session (closed meeting) for any reason; to clarify that
the committee and its members may not participate in legislative activity
in the name of the board, the department, the BNE, or the committee except
with certain approval; to require the committee's annual report in July rather
than January; and to address reimbursement for a committee member's expenses
if authorized by General Appropriations Act or budget execution process. These
changes clarify procedures for the committee and emphasize the advisory nature
of the committee.
No comments were received on the proposal during the comment period; however,
the department is making the following minor changes due to staff comments
to improve the accuracy of the section.
Change: Concerning §115.72 (f)(2), the language was revised to correct
references to other provisions in the section.
The amendment is adopted under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
§115.72. Texas Department of Health/Board of Nurse Examiners Memorandum of Understanding Advisory Committee.
(a)
(No change.)
(b)
Applicable law. The committee is subject to the Government
Code, Chapter 2110, concerning state agency advisory committees.
(c)-(d)
(No change.)
(e)
Review and duration. By July 1, 2003, the board will initiate
and complete a review of the committee to determine whether the committee
should be continued, consolidated with another committee, or abolished. If
the committee is not continued or consolidated, the committee shall be abolished
on that date.
(f)
Composition.
(1)
The committee shall be composed of ten members. The members
of the committee shall be appointed as follows:
(A)
one representative from the BNE and one representative
from the Texas Department of Health (department);
(B)
one representative from the Texas Department of Mental
Health and Mental Retardation;
(C)
one representative from the Texas Department of Human
Services;
(D)
one representative from the Texas Nurses Association;
(E)
one representative from the Texas Association for Home
Care, Incorporated, or its successor;
(F)
one representative from the Texas Hospice Organization,
Incorporated, or its successor;
(G)
one representative of the Texas Respite Resource Network
or its successor; and
(H)
two representatives of organizations such as the Personal
Assistance Task Force or the Disability Consortium that advocate for clients
in community-based settings.
(2)
The representatives from the organizations listed
in paragraph (1)(A)-(G) may serve without further approval of the board or
the BNE. The representatives of organizations described in paragraph (1)(H)
must be approved by the board and the BNE before serving.
(g)
Terms of office. The term of office of each member shall
be six years. Members shall serve after expiration of their term until a replacement
is appointed.
(1)
Members shall be appointed for staggered terms so that
the terms of a substantially equivalent number of members will expire on January
31 of each even-numbered year.
(2)
(No change.)
(h)
(No change.)
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1)-(2)
(No change.)
(3)
The committee is not a "governmental body" as defined
in the Open Meetings Act. However, in order to promote public participation,
each meeting of the committee shall be announced and conducted in accordance
with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception
that the provisions allowing executive sessions shall not apply.
(4)-(7)
(No change.)
(j)
Attendance. Members shall attend committee meetings as
scheduled. Members shall attend meetings of subcommittees to which the member
is assigned.
(1)-(3)
(No change.)
(k)-(m)
(No change.)
(n)
Statement by members.
(1)
The board, the department, and the committee shall not
be bound in any way by any statement or action on the part of any committee
member except when a statement or action is in pursuit of specific instructions
from the board, department, or committee.
(2)
The committee and its members may not participate
in legislative activity in the name of the board, the department, the BNE,
or the committee except with approval through the department's legislative
process. Committee members are not prohibited from representing themselves
or other entities in the legislative process.
(o)
Reports to board. The committee shall file an annual written
report with the board and the BNE.
(1)
The report shall list the meeting dates of the committee
and any subcommittees, the attendance records of its members, a brief description
of actions taken by the committee, a description of how the committee has
accomplished the tasks given to the committee by the board, the status of
any rules which were recommended by the committee to the board and, anticipated
activities of the committee for the next year.
(2)
(No change.)
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board and
the BNE each July. It shall be signed by the co-chairmen and appropriate department
staff.
(p)
Reimbursement for expenses. Except in accordance with
the requirements set forth in the Government Code, Chapter 2110, a committee
member shall be reimbursed for expenses incurred for each day the member engages
in official committee business if authorized by the General Appropriations
Act or budget execution process.
(1)-(5)
(No change.)
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 May
24, 1999.
TRD-9903042
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236
Subchapter N. Chemical and Pesticide Tolerance Levels in Food
25 TAC §229.221, §229.222
The Texas Department of Health (department) adopts the repeal
of §§229.221 - 229.222, concerning chemical and pesticide tolerance
levels in food. The repealed sections are adopted without changes to the proposed
repeal as published in the April 2, 1999,
Texas Register
(24 TexReg 2629), and therefore will not be republished.
These sections established tolerance levels for ethylene dibromide in food
and the effective date for tolerance levels of ethylene dibromide in food.
The repeal of these rules is necessary because any tolerance for the pesticide
in food was revoked in 1984 by federal regulations.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, enacted
by the 75th Texas Legislature, requires that each state agency review and
consider for readoption each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). The sections have been
reviewed and the department has determined that reasons for adopting the sections
no longer exist.
The department published a Notice of Intention to Review §§229.221-229.222
as required by Rider 167 in the
Texas Register
(24 TexReg 831) on February 5, 1999. No comments were received on the Notice
of Intention to Review these sections.
No comments were received on the proposed repeal of the rules during the
comment period.
The repeal is adopted under the Health and Safety Code, §431.241,
which provides the department with the authority to adopt necessary regulations
pursuant to the enforcement of Chapter 431; and §12.001, which provides
the Texas Board of Health (board) with the authority to adopt rules for the
performance of every duty imposed by law on the board, the department, and
the commissioner of health. The General Appropriations Act, House Bill 1,
Article IX, Rider 167, passed by the 75th Legislature, is implemented by the
adoption.
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 May
24, 1999.
TRD-9903018
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 13, 1999
Proposal publication date: April 2, 1999
For further information, please call: (512) 458-7236
Subchapter C. Texas Asbestos Health Protection
Subchapter E. Use of Departmental Facilities
Subchapter F. Petition for the Adoption of a Rule
Subchapter I. Reimbursement Programs
Subchapter L. Medical Advisory Board
Subchapter M. Payment of Franchise Taxes by Corporations Contracting with the Department or Applying for a License from the Department.
Subchapter O. Procurement of Professional Services
Subchapter Q. Investigations of Abuse, Neglect, or Exploitation of Children or Elderly or Disabled Persons
Chapter 3.
Memorandums of Understanding With Other State Agencies
Chapter 14.
County Indigent Health Care Program
Chapter 39.
Primary Health Care Services Program
Chapter 115.
Home and Community Support Services Agencies
Chapter 229.
Food and Drug
Chapter 295.
Occupational Health