Proposal publication date: June 23, 2000

For further information, please call: (512) 463-3960

Chapter 123. FACILITIES CONSTRUCTION AND SPACE MANAGEMENT DIVISION

The General Services Commission adopts the repeal of 1 TAC, Chapter 123 - Facilities Construction and Space Management Division; Subchapter A - Capitol Area Development Program, §§123.1 - 123.3; Subchapter B - Building Construction Administration, §§123.11 - 123.21, 123.23; and Subchapter C, §§123.31 - 123.34 concerning the Prevailing Wage Rate Determination. The repeal is adopted without changes to the proposal that was published in the June 16, 2000, issue of the Texas Register (25 TexReg 5761).

The repeal of Chapter 123 is adopted in order to adopt a new 1 TAC, Chapter 123, which contains language in accordance with the Texas Government Code, Title 10, Subtitle D, Chapter 2166.

The repeal of Chapter 123 will delete obsolete language.

No comments have been received concerning the adoption of the repeal of 1 TAC, Chapter 123.

Subchapter A. CAPITOL AREA DEVELOPMENT PROGRAM

1 TAC §§123.1 - 123.3

The repeal of 1 TAC, Chapter 123 is adopted under the Government Code, Title 10, Subtitle D, Chapter 2166, §2166.062, which provides the General Services Commission with the authority to promulgate rules consistent with the chapter.

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 July 24, 2000.

TRD-200005099

For further information, please call: (512) 463-3960

Subchapter B. BUILDING CONSTRUCTION ADMINISTRATION

1 TAC §§123.11 - 123.21, 123.23

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 July 24, 2000.

TRD-200005100

For further information, please call: (512) 463-3960

Subchapter C. PREVAILING WAGE RATE DETERMINATION

1 TAC §§123.31 - 123.34

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 July 24, 2000.

TRD-200005101

For further information, please call: (512) 463-3960

Chapter 123. FACILITIES CONSTRUCTION AND SPACE MANAGEMENT DIVISION

The General Services Commission adopts new 1 TAC, Chapter 123 - Facilities Construction and Space Management Division; Subchapter A - General Matters, §123.1 and §123.2; Subchapter B - Real Property Acquisition, §123.12 and §123.13; Subchapter C - Construction Project Administration, §§123.23 - 123.33; and Subchapter D - Wage Rates, §123.43 and §123.44. The new rules are adopted without changes to the proposed text that was published in the June 16, 2000, issue of the Texas Register (25 TexReg 5762). The text will not be republished.

The new 1 TAC, Chapter 123 is adopted in order to bring all rules governing the division's activities into accordance with the Texas Government Code, Title 10, Subtitle D, Chapter 2166.

The new rules under this chapter updates, restructures, and revises language, and creates more efficient agency processes.

No comments have been received concerning the proposed new 1 TAC, Chapter 123.

Subchapter A. GENERAL MATTERS

1 TAC §123.1, §123.2

The new 1 TAC, Chapter 123 is adopted under the Government Code, Title 10, Subtitle D, Chapter 2166, §2166.062, which provides the General Services Commission with the authority to promulgate rules consistent with the code.

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 July 24, 2000.

TRD-200005095

For further information, please call: (512) 463-3960

Subchapter B. REAL PROPERTY ACQUISITION

1 TAC §123.12, §123.13

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 July 24, 2000.

TRD-200005096

For further information, please call: (512) 463-3960

Subchapter C. CONSTRUCTION PROJECT ADMINISTRATION

1 TAC §§123.23 - 123.33

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 July 24, 2000.

TRD-200005097

For further information, please call: (512) 463-3960

Subchapter D. WAGE RATES

1 TAC §123.43, §123.44

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 July 24, 2000.

TRD-200005098

For further information, please call: (512) 463-3960

Chapter 125. SUPPORT SERVICES DIVISION--TRAVEL AND VEHICLE

Subchapter A. TRAVEL MANAGEMENT SERVICES

1 TAC §§125.1, 125.3, 125.5, 125.7, 125.9, 125.11, 125.13, 125.15, 125.17, 125.19, 125.21, 125.23, 125.25, 125.27, 125.29

The General Services Commission adopts the amendments to Title 1, T.A.C, Chapter 125, Subchapter A, §§125.1, 125.3, 125.5, 125.7, 125.9,125.11, 125.13, 125.15, 125.17, 125.19, 125.21, 125.23, 125.25, 125.27, and 125.29, concerning the Travel Management Services. The amendments to §125.1 and §125.19 are adopted with changes to the proposed text as published in the May 26, 2000, issue of the Texas Register (25 TexReg 4674). Amendments to all other sections are adopted without changes and will not be republished.

The amendments to Chapter 125, Subchapter A are adopted to clarify language and procedures in compliance with Chapter 2171, Texas Government Code.

The amendments to Chapter 125 are adopted in order to streamline procedures, provide comprehensive definitions, and update terminology relating to the State Travel Management Program.

Two commenters responded to the proposed amendments to the Travel Management Services rules. The comments addressed the following: 1)official county business travel in §125.1(a); 2) a lower fare offered to the general public by a non-contract travel vendor; and 3) a contract vendor experiencing a real or anticipated labor disruption.

The commission disagrees that language on official county business needs to be inserted in §125.1(b). The commission believes that the commenter interpreted the services provided to only state agencies for official state business travel expenses in §125.1 (b) had inadvertently omitted county officers and employees traveling on official county business. The language that extends the use of the contract airline fares to counties is included in §125.1(c) and §125.29. To improve readability, language in 125.1(c) has been deleted and now reads "use of the State Travel Management Program's Contract Airline Fares is extended to a Texas county employee, or persons who are in the custody of the state. . ." Language in §125.29(a) has also been deleted and now reads "a Texas county officer or employee, or persons who are in the custody of the state. . ."

The commission agrees that if a travel service contract vendor matches a lower fare/rate offered to the general public by a non-contract travel vendor that results in a lower total cost to the state, the travel service contract vendor must be used. The commission has changed the language in §125.19(d)(2) relating to exceptions in using the travel service contracts to read "{U}se of a non-contract travel vendor is less than the contract fare or rate which is offered to the general public, and/or when all trip expenses are evaluated, including ground transportation, insurance fees, parking fees, taxes, and travel time, the use results in a lower total overall cost to the state. If the contract travel vendor offers the same lower fare or rate, the contract travel vendor must be used, unless a valid exception exists."

The commission disagrees that the language in §125.19(d)(3) should be changed. When the commission is informed by the contract carrier of the date of an anticipated labor disruption, the commission immediately informs the state agencies through written communication and suggests that the state travelers not book air reservations on the contract carrier beginning the first day of the announced anticipated labor disruption by the contract carrier. When the commission is informed by the contracted carrier that the carrier is operating again, the state agencies are instructed to tell their travelers to immediately begin using the contract carrier. Information on labor disruptions will be put on the commission's web page. It is not in the best interest of the state to have the state travelers using non-contract carrier until after the disruption has commenced on the contracted carrier because of the possibility of state travelers being stranded at airports. The commission makes every attempt to keep the state agencies and the state travelers informed of any labor disruption that has been announced by the contract carrier. No changes have been made to the rules.

American Airlines - Against Craig Pardue, County Administration, Commissioners Court, Dallas - Against

The amendments are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003 and 2171.002 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

§125.1.General.

(a)

The travel and vehicle fleet services program of the commission administers the State Travel Management Program.

(b)

State Travel Management Program services are provided to state agencies, their employees, elected or appointed officers, and other persons entitled to reimbursement for official state business travel expenses incurred on behalf of the state.

(c)

Use of the State Travel Management Program's Contract Airline Fares is extended to a Texas county employee or persons who are in the custody of the state, provided that the county has elected to participate in the program that provides this service.

(d)

It is the policy of the commission to administer the State Travel Management Program to provide timely and efficient travel services to eligible entities as defined in subsections (b) and (c) of this section, and to generate savings, whenever possible.

(e)

These rules are intended to be consistent with the State of Texas Travel Allowance Guide published by the comptroller of public accounts.

§125.19.Participation by State Agencies.

(a)

State agencies' participation in the program is as follows:

State agencies in the executive branch of state government shall participate in the program and use the travel agency, charge card, rental car, airline, hotel, and other travel services negotiated by the program;

Institutions of higher education are not required to use the travel agency services contracts, but are required to use all other travel services contracts when such purchases are made using general revenue funds or educational and general funds as defined by the Education Code, § 51.009;

(3)

The Employees Retirement System of Texas is not required to participate in the contract travel agency services or other travel services purchased from funds other than general revenue funds.

(b)

A state agency that is not required to use the commission's travel services contracts, shall:

Participate at its own option.

Use the corporate travel charge card services if a state agency decides to use travel agency services contracts.

(3)

Give the commission's program at least 60 days advance written notice if the state agency terminates its participation in the program.

(c)

To begin participating in the travel agency and/or corporate travel charge card contracts, a state agency must submit a completed travel service requisition to the program and then the commission will:

Preview and approve participation by the requesting state agency in the Program upon a determination that the program is capable of providing those services requested; and

If the program cannot provide those services requested, then the director of Support Services Division shall not approve the travel service requisition and shall so notify the requesting state agency in writing as to the reasons for this determination.

(d)

The commission's travel services contracts must be used unless at least one exception listed in paragraphs (1)-(4) of this subsection exists. Travel Agent contracts are not affected by the conditions listed in paragraphs (2)-(5) of this subsection.

Contract travel agency alternative. Use of an authorized alternative method is allowable because the state traveler is already in travel status which renders the use of a contract travel agency impractical or unnecessary; airline reservations are not required; or travel is undertaken as part of a group program for which reservations must be made through a specified source to obtain a particular rate and/or service.

Lower total cost to the state. Use of a non-contract travel vendor is less than the contract fare or rate which is offered to the general public, and/or when all trip expenses are evaluated, including ground transportation, insurance fees, parking fees, taxes, and travel time, the use results in a lower total overall cost to the state. If the contract travel vendor offers the same lower fare or rate, the contract travel vendor must be used, unless a valid exception exists.

(3)

Efficient use of services. Use of a non-contract travel vendor is necessary because the contract travel vendor is sold out, is not able to provide services at the time or location necessary to accomplish the purpose of the trip, has a real or anticipated labor disruption, or is providing negotiated rates for group travel.

(4)

Health and safety issues. Use of a non-contract travel vendor may be allowed when a state traveler finds that the accommodations provided by the vendor may reasonably present a risk to the state traveler or person under the state's custody in the following circumstances:

(A)

Accommodations may lack a reasonable amount of security or safety, and/or may present a health risk based on the state traveler's individual needs;

(B)

Accommodations fail to provide an adequate amount of services required for a person with disabilities; or

(C)

Accommodations have limited availability of medical emergency facilities or equipment that may be required by a state traveler or person under the state's custody.

(5)

Corporate travel charge card alternative. Use of a personal charge card is allowable only for non-contract airfares used in accordance with this chapter if it offers insurance benefits not available from the state's corporate travel charge card contract.

(e)

An exception must be indicated on or with a voucher or other payment document as specified by the comptroller of public accounts. State agencies shall establish travel procedures to comply with this subsection and submit them to the program for approval.

(f)

A state agency required to use the commission's travel services contracts may not purchase or reimburse a person for the purchase of commercial airline or rental car transportation in an amount exceeding the contract rate established by the commission unless an exception identified in subsection (d) of this section exists. The exception must be indicated on or with the voucher or other payment document as specified by the comptroller of public accounts.

(g)

Contract rates will be distributed by the commission to state agencies and the comptroller of public accounts when contracts are established by the program.

(h)

When a voucher or other payment document for travel services is submitted to the comptroller of public accounts and it does not show that a travel services contract was properly used or an exception listed in subsection (d) of this section is not reflected the comptroller of public accounts will handle the document as specified in paragraphs (1) and (2) of this subsection.

Pre-payment audits by the comptroller of public accounts .

(A)

Except as provided in subparagraph (B) of this paragraph, the comptroller of public accounts may not refuse to process a voucher or other payment document solely because it involves the non-use of a travel services contract negotiated by the Program. The comptroller of public accounts will report instances of non-compliance to the commission.

(B)

The comptroller of public accounts will not process a voucher or other payment document that requests payment or reimbursement of commercial airline or rental car transportation that exceeds the amount of the contract rate unless a valid exception is noted. The comptroller of public accounts will report instances of non-compliance to the commission.

Post-payment audits by the comptroller of public accounts .

(A)

Except as provided in subparagraph (B) of this paragraph, the comptroller of public accounts may not require a state agency to obtain a refund of a payment or reimbursement made under a voucher or other payment document that shows the non-use of a contract travel service. The comptroller of public accounts shall report instances of non-compliance to the commission.

(B)

The comptroller of public accounts may take the actions authorized by Government Code, §403.071 (h), concerning a voucher or other payment document that shows a payment or reimbursement of commercial airline or rental car transportation that exceeds the program's contract rate. The comptroller of public accounts shall report instances of non-compliance to the commission.

(i)

A state agency may submit a written request for exemption from the required use of one or more travel services contracts. The commission will approve an exemption if it determines that such an exemption would provide an economic or service benefit to the state, taking into account any affect on the commission's contracts and ability to obtain favorable contracts in the future. An exemption expires when the related contract is terminated or replaced.

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 July 25, 2000.

TRD-200005140

Effective date: August 14, 2000

Proposal publication date: May 26, 2000

For further information, please call: (512) 463-3960

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMMISSION

Chapter 353. MEDICAID MANAGED CARE

Subchapter A. GENERAL PROVISIONS

1 TAC §353.3

The Health and Human Services Commission (HHSC) adopts new §353.3 in 1 TAC Chapter 353, Medicaid Managed Care, Subchapter A, General Provisions, without changes to the proposed text as published in the April 21, 2000, issue of the Texas Register (25 TexReg 3355).

Section 353.3 describes the experience rebate policy for contracts between the state and health maintenance organizations (HMOs) operating in the STAR and STAR+Plus programs.

No public comments were received regarding the proposed rule.

The rule is adopted under the Texas Government Code, §531.033, the Texas Human Resources Code, §32.021, and the Texas Government Code, §531.021(a), which provides the commissioner of HHSC with broad rulemaking authority, and provides HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

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 July 31, 2000.

TRD-200005323

Marina S. Henderson

Effective date: August 20, 2000

Proposal publication date: April 21, 2000

For further information, please call: (512) 424-6576

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter A. COST DETERMINATION PROCESS

1 TAC §355.101

The Texas Health and Human Services Commission (HSSC) adopts an amendment to §355.101 without changes to the proposed text published in the June 9, 2000, issue of the Texas Register (25 TexReg 5533).

Justification for the amendment is to establish payment rates for two years coincident with the state biennium. It will allow payment rates to be determined at the same time that the state legislature is establishing funding for these programs for the state's biennium. The amendment requires that payment rates for the Nursing Facility, Community Based Alternatives Waiver, Community Living Assistance and Support Services, Primary Home Care, Day Activity and Health Services, and Deaf-Blind Multiple Disabilities Waiver programs be determined on a state fiscal year basis for a period of two years.

The Texas Department of Human Services adopts similar policy for non-Medicaid funded services, codified at 40 TAC §20.101, in this issue of the Texas Register .

The department received no comments regarding adoption of the amendment.

The amendment is adopted under the Government Code, §531.033, which authorizes the commissioner of the Health and Human Services Commission to adopt rules necessary to carry out the commission's duties, and §531.021(b), which establishes the commission as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under Chapter 32, Human Resources Code.

The amendment implements the Government Code, §§531.033 and 531.021(b).

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 July 27, 2000.

TRD-200005203

Marina Henderson

Effective date: September 1, 2000

Proposal publication date: June 9, 2000

For further information, please call: (512) 438-3108

Subchapter F. GENERAL REIMBURSEMENT METHODOLOGY FOR ALL MEDICAL ASSISTANCE PROGRAMS

1 TAC §355.731, §355.744

The Texas Health and Human Services Commission (THHSC) adopts the repeals of §355.731 and §355.744 of Chapter 355, Medicaid Reimbursement Rates, Subchapter F, governing general reimbursement methodology for all medical assistance programs, without changes to the proposal as published in the April 14, 2000, issue of the Texas Register (25 TexReg 3129).

Section 355.731 is repealed because it conflicts with 25 TAC §419.666 (relating to Provider Reimbursement), which was adopted to be effective March 1, 2000. Section 355.744 (relating to Right to Appeal) is repealed because provisions regarding fair hearings for Medicaid recipients of service coordination (previously referred to as case management) are described in 25 TAC §412.464.

No public comment on the proposal was received.

The repeals are adopted under the Texas Government Code, §531.033, which provides the commissioner of THHSC with broad rulemaking authority; the Texas Human Resources Code, §32.021, and the Texas Government Code, §531.021(a), which provide THHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and the Texas Government Code, §531.021(b), which provides THHSC with the authority to adopt rules governing the determination of Medicaid rates.

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 July 31, 2000.

TRD-200005324

Marina Henderson

Effective date: August 20, 2000

Proposal publication date: April 14, 2000

For further information, please call: (512) 206-5216

Chapter 381. GUARDIANSHIP SERVICES

The Health and Human Services Commission (HHSC) adopts amendments to §§381.1, 381.2, 381.101, 381.102, 381.202, and 381.205 of Chapter 381, relating to guardianship services, without changes to the proposed text as published in the March 24, 2000, issue of the Texas Register (25 TexReg 2495).

The amendments implement changes to chapter 381 enacted by the 76th Texas Legislature.

No public comments were received concerning the proposed amendments.

Subchapter A. PURPOSE AND DEFINITION

1 TAC §381.1, §381.2

The amendments are adopted under the Government Code, §531.033, which authorizes HHSC to adopt rules necessary to carry out its statutory duties, and §531.125, which authorizes HHSC to adopt rules for the award of grants to local guardianship 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 July 31, 2000.

TRD-200005320

Marina S. Henderson