Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 20. COST DETERMINATION PROCESS

40 TAC §20.101

The Texas Department of Human Services (DHS) adopts an amendment to §20.101 without changes to the proposed text published in the June 9, 2000, issue of the Texas Register (25 TexReg 5557).

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 Primary Home Care, Day Activity and Health Services, Emergency Response Services, and Residential Care programs be determined on a state fiscal year basis for a period of two years.

The Health and Human Services Commission adopts similar policy for Medicaid-funded services, codified at 1 TAC §355.101, in this issue of the Texas Register .

The department received no comments regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs; and under Texas Government Code §531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds.

The amendment implements the Human Resources Code, §§22.001- 22.030 and §§32.001-32.042.

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-200005202

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: September 1, 2000

Proposal publication date: June 9, 2000

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

Chapter 701. COMMUNITY INITIATIVES

Subchapter B. COMMUNITIES IN SCHOOLS

The Texas Department of Protective and Regulatory Services (TDPRS) adopts the repeal of §§701.201, 701.202, 701.211-701.214, 701.221, 701.241-701.243, and 701.251-701.255; and adopts new §§701.201, 701.203, 701.205, 701.207, 701.209, 701.211, 701.213, 701.215, 701.217, 701.219, 701.221, 701.223, 701.225, without changes to the proposed text published in the June 9, 2000, issue of the Texas Register (25 TexReg 5596).

Effective September 1, 1999, the Community In Schools (CIS) program rules were administratively transferred from the Texas Workforce Commission (TWC) to TDPRS. The justification for the sections is to repeal rules related to TWC administration of the CIS program and adopt new rules to guide the administration of the CIS program at TDPRS. The new rules better reflect the TDPRS philosophy for the CIS program, and ensure that CIS program administration is compatible with other TDPRS rules, policies, and administrative procedures. With the exception of two funding formula rules adopted effective January 1, 2000, TDPRS is repealing all existing CIS rules, and adopting new rules using a new numbering and organizational scheme.

The new sections will function by clearly informing the public about the mission and services provided by the CIS program in Texas, and the requirements to become a CIS provider.

No comments were received regarding adoption of the sections.

40 TAC §§701.201, 701.202, 701.211-701.214, 701.221, 701.241-701.243, 701.251-701.255

The repeals are adopted under the Human Resources Code (HRC), §40.029, which authorizes the department to adopt rules to facilitate implementation of departmental programs, and the Texas Family Code, Chapter 264, Subchapter I, which gives oversight of the Communities In Schools program to the Texas Department of Protective and Regulatory Services.

The repeals implement the Texas Family Code, Chapter 264, Subchapter I.

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 28, 2000.

TRD-200005233

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Effective date: September 1, 2000

Proposal publication date: June 9, 2000

For further information, please call: (512) 438-3437

40 TAC §§701.201, 701.203, 701.205, 701.207, 701.209, 701.211, 701.213, 701.215, 701.217, 701.219, 701.221, 701.223, 701.225

The new sections are adopted under the Human Resources Code (HRC), §40.029, which authorizes the department to adopt rules to facilitate implementation of departmental programs, and the Texas Family Code, Chapter 264, Subchapter I, which gives oversight of the Communities In Schools program to the Texas Department of Protective and Regulatory Services.

The new sections implement the Texas Family Code, Chapter 264, Subchapter I.

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 28, 2000.

TRD-200005232

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Effective date: September 1, 2000

Proposal publication date: June 9, 2000

For further information, please call: (512) 438-3437

Chapter 800. GENERAL ADMINISTRATION

The Texas Workforce Commission (Commission) adopts new §800.6 and the repeal of §§800.71-800.75 relating to Charges for Copies of Public Records. Section 800.6 is adopted with changes to the proposed text as published in the June 2, 2000, issue of the Texas Register (25 TexReg 5298). Sections 800.71 - 800.75 are adopted without changes and will not be republished.

The purposes of the repeal and new rule were to: (1) set forth the provisions relating to requesting public records; (2) review the provisions consistent with the rule review plan to assess whether the need for the provisions still exists; (3) add a designated e-mail address as follows: open.records@twc.state.tx.us; (4) add a preferred physical address for requests for copies of public records as follows: Officer for Public Information, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001; and (5) move the provisions relating to charges for copies of public records (40 TAC §§800.71-800.75) out of Subchapter C, which is to be the location for the rules relating to Reallocations.

By setting forth the e-mail and preferred physical addresses, the Commission enhances the public's options for submitting open records (public) requests and expedites responses to open records (public) requests by ensuring that open records (public) requests sent by mail are delivered directly to the Officer for Public Information.

The General Services Commission rules currently adopted by reference may be viewed at the following link: http://info.sos.state.tx.us/pub/plsql/readtac$ext.viewtac

No comments were received from the public regarding the rules. Two non-substantive changes are made. One change at subsection (b) is to remove a specific room number from the address to avoid the need to revise the rule should the room number change in the future. The second change is to clarify that de minimis requests provisions apply to certain documents that are "maintained as paper documents." Specifically, subsection (f) is changed to apply to de minimis requests when the total records provided in response to all requests made by an individual or entity in any given 30-day period consist of fewer than 50 pages of readily available, standard-size pages "maintained as paper documents."

Subchapter A. GENERAL PROVISIONS

40 TAC §800.6

The new rule is adopted under Texas Labor Code §§301.061 and 302.002, which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities.

§800.6.Charges for Copies of Public Records.

(a)

General Procedure. Except as otherwise specified in this chapter, the Texas Workforce Commission (Commission) hereby adopts by reference the definitions, methods, procedures, and charges for copies of public records set out in the General Services Commission Rules at 1 TAC §§111.61 - 111.71, as may be amended.

(b)

Methods of Making Requests. Requests may be submitted in writing to the following mailing address: Officer for Public Information, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001. Requests made by electronic mail (e-mail) shall be submitted to open.records@twc.state.tx.us to be considered a valid request.

(c)

Standard Fees. The Commission may establish a standard fee for the handling of certain types of repetitive requests when the costs of responding to such requests are substantially similar in most cases. The standard fee will be the average costs of handling that type of request. The average cost is calculated using the personnel, resource, and overhead charges set forth in the General Services Commission rules and will be based upon a survey of a representative sample of requests.

(d)

Adjustments for Actual Cost. In the event that the actual costs of responding to a given request are significantly lower or higher than the standard fee charged for that type of request, actual costs will be charged in lieu of the standard fee.

(e)

Program-Related Requests. No charge will be assessed to an individual or an employing unit for copies of records pertaining to that individual or employing unit when the provision of records is deemed by the Commission to be reasonably required for the proper administration of the Texas Unemployment Compensation Act, found at the Texas Labor Code, Title 4, Subtitle A.

(f)

De Minimis Requests. No charge will be assessed to any individual or entity for providing copies of records in response to a request for Public Information under Texas Government Code, Chapter 552, when the total records provided in response to all requests made by that same individual or entity in any given 30-day period consist of fewer than 50 pages of readily available, standard-size pages maintained as paper documents.

(g)

Requests by Other Governmental Entities. Notwithstanding any other provision in this section, provision of information to other governmental agencies for purposes other than the administration of the Texas Unemployment Compensation Act will be made only on a cost reimbursable basis, with all costs being calculated in accordance with OMB Circular A-87, as required by federal law at 20 Code of Federal Regulations §603 et seq . Charges to other governmental entities can only be waived when the request is of an isolated or infrequent nature and when the costs of responding to a particular request are negligible.

(h)

Certified Records. In addition to the fees the Commission may charge for providing copies of records, the Commission shall charge a fee of $5.00 for preparation of a certification instrument which may be attached to one or more pages of records covered by the certification instrument.

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-200005319

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Effective date: August 20, 2000

Proposal publication date: June 2, 2000

For further information, please call: (512) 463-8812

40 TAC §§800.71 - 800.75

The repeal is adopted under Texas Labor Code §§301.061 and 302.002, which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities.

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-200005318

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Effective date: August 20, 2000

Proposal publication date: June 2, 2000

For further information, please call: (512) 463-8812