Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 12.
SPECIAL NUTRITION PROGRAMS
Subchapter B. SUMMER FOOD SERVICE PROGRAM
40 TAC §12.115
The Texas Department of Human Services (DHS) proposes an
amendment to §12.115, concerning reimbursement methodology, in its Special
Nutrition Programs chapter. The purpose of the amendment is to authorize the
payment of a supplemental reimbursement to approved Summer Food Service Program
(SFSP) sponsors for eligible meals served to eligible children, based on the
availability of state funding as allocated by the Texas Legislature. The 76th
Regular Session of the Texas Legislature authorized the expenditure of funds,
in addition to the federal funds allocated to operate the program, to provide
a financial supplement for each meal served by organizations that participate
in the SFSP. Payment of the financial supplement is authorized for each year
of the 2000/2001 biennium.
The SFSP provides federal funds to assist with the cost of providing nutritious
meals to children during the summer when schools are usually not in session.
Historically, the program has been underutilized with sponsors and potential
sponsors citing cost as the most common reason for rejecting or limiting participation
in the program. In an effort to overcome barriers to participation, the legislature
authorized additional funding for meals to enhance the ability of sponsors
to administer the program without incurring a deficit.
Eric M. Bost, commissioner, has determined that for the first two-year
period the section is in effect there will be fiscal implications for state
government as a result of enforcing or administering the section. The effect
on state government for the first two-year period the sections will be in
effect is an estimated additional cost of $750,000 in fiscal year (FY) 2000,
and $750,000 in FY 2001. The department cannot determine if funds will be
allocated for FY 2002 through FY 2004; therefore, the department cannot determine
any effect on state government for those years. There will be no fiscal implications
for local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be an increase in the number of eligible children who have
access to the Summer Food Service Program. There will be no effect on large,
small, or micro businesses, because the organizations that are eligible to
receive the financial supplement for the meals they serve are state or local
governments and private nonprofit organizations that do not meet the definition
of "small" or "micro-business." In addition, since the proposal provides for
an increase in funding for eligible organizations with no additional burden,
there can be no adverse economic effect. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Keith Churchill
at (512) 467-5837 in DHS's Special Nutrition Programs. Written comments on
the proposal may be submitted to Supervisor, Rules and Handbooks Unit-175,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed under the Human Resources Code, Title
2, Chapters 22 and 33, which authorizes the department to administer public
and nutritional assistance programs.
The amendment implements the Human Resources Code, §§22.001-22.030
and §§33.001-33.024.
§12.115.Reimbursement Methodology.
(a)-(e)
(No change.)
(f)
DHS elects to exercise the state option to consider the
cost of meals served to adults performing labor necessary for the operation
of the
Summer Food Service Program (SFSP)
[
(g)
Subject to the availability of state funding
as appropriated by the Texas Legislature, DHS will provide a supplemental
reimbursement for eligible meals served to eligible children by approved SFSP
sponsors.
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 March 10, 2000.
TRD-200001824
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 23, 2000
For further information, please call: (512) 438-3108
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION.
Subchapter A. DEFINITIONS AND BOARD OPERATIONS.
40 TAC §183.17
The Texas Commission for the Deaf and Hard of Hearing is
proposing an amendment to §183.17, concerning Board Membership.
The purpose of this amendment is to update the verbiage, specifically, §183.17(1),
to allow flexibility with regard to the qualifications of individuals who
are deaf to serve as BEI Advisory Committee members.
David W. Myers, Executive Director, has determined that for each year of
the first five years the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
amendment will be that more individuals who are deaf may qualify to serve
on the BEI advisory committee. There will be no effect on small businesses.
There is no anticipated economic hardship to persons required to comply with
the section as proposed.
Comments on this proposed amendment may be submitted to Angela Bryant,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
This amendment is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
Issued in Austin, Texas, on March 9, 2000.
§183.17. Board Membership.
The board is comprised of seven members appointed by the commission.
(1)
Qualifications of members. Each
hearing
member
of the board shall be certified at either Level III, Level IV, or Level V
of the certification program of the commission; be a resident of the State
of Texas; be an interpreter who has engaged in the profession of interpreting
for people who are deaf for at least three years out of the immediate past
five years
; may be an evaluator and may evaluate as needed. Of the
[
(2) - (3)
(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 March 13, 2000.
TRD-200001879
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: April 23, 2000
For further information, please call: (512) 407-3250
Chapter 254.
OPERATION OF THE TEXAS DEPARTMENT ON AGING
40 TAC §254.25
(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 Texas Department on Aging or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department on Aging proposes the repeal
of the existing §254.25, relating to Department Responsibilities for
Carryover of Unexpended Department Awarded Funds.
The Department feels the relevant issues described in §254.25 are
adequately covered in other rules of the Agency.
Frank Pennington, Director of Program and Fiscal Accountability, has determined
that for the first five-year period the repeal is in effect there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the repeal. There will be no effect on small business.
Mr. Pennington also has determined that for each year of the first five
years of repeal the public benefit anticipated will be a program for older
persons that is administered with minimum administrative burdens.
Comments on the repeal may be submitted to Frank Pennington, Director of
Program and Fiscal Accountability, Texas Department on Aging, P. O. Box 12786,
Austin, Texas 78711. All comments must be written and delivered via mail,
in person, or facsimile. E-mail and verbal comments cannot be accepted. All
comments must be received within 30 calendar days following the date of publication
of this proposed repeal in the
Texas Register
.
The proposed repeal is proposed under Texas Human Resources Code §101.021,
which provides the Texas Department on Aging with the authority to promulgate
rules governing the operation of the Department.
Texas Human Resources Code, Chapter 101, Subchapter B, §§101.021
- 101.031, relating to Powers and Duties of Board are affected and implemented
by this proposed action.
§254.25. Department Responsibilities for Carryover of Unexpended Department Awarded Funds.
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 March 10, 2000.
TRD-200001869
Gary Jessee
Program Specialist
Texas Department on Aging
Earliest possible date of adoption: April 23, 2000
For further information, please call: (512) 424-6587
Chapter 800.
GENERAL ADMINISTRATION
The Texas Workforce Commission (Commission) proposes amendments to
and review of §800.2, relating to Definitions, and §800.191, relating
to Appeal; as well as new §800.178, relating to Sanctions Under the Workforce
Investment Act (WIA).
Background And Purpose. As provided by WIA (29 U.S.C. §2801
The purpose of the changes is to provide a framework of oversight reflective
of the WIA principles and the principles of Texas' vision as outlined in the
Texas Strategic Five-Year State Workforce Investment Plan for Title I of the
Workforce Investment Act of 1998 and the Wagner-Peyser Act for the Period
of July 1, 1999--June 30, 2004 -- Transition Plan (State Plan). Specifically,
the WIA principles are: streamlining services; empowering individuals; universal
access; increased accountability; strong role for Boards and the private sector;
and state and local flexibility. The four principles of Texas' vision are:
limited and efficient state government; local control; personal responsibility;
and support for strong families.
WIA and its implementing regulations have imposed on the Boards a number
of duties and responsibilities for the administration of WIA-funded activities,
including maintaining adequate fiscal systems, complying with the uniform
rules for administration of grants and agreements, meeting the contract performance
measures, and complying with all applicable state and federal statutes and
regulations. The Commission is responsible for oversight of the Boards' activities
and for identifying failure to meet contract performance levels or noncompliance
with WIA or the State Plan.
The proposed rules emphasize the partnership between the Commission and
the Boards in assuring compliance with WIA requirements. Proposed §800.178
describes the involvement of the Commission in preventive maintenance and
related requirements under WIA to provide services through a One-Stop Service
Delivery Network. The Commission requires that all workforce services, such
as those funded under the Department of Labor, Welfare-to-Work (WtW) block
grant, be integrated into the One-Stop Centers, and will withhold WIA administrative
funds for failure to establish a fully integrated One-Stop Service Delivery
Network, which includes WtW, among other services for which the Boards receive
funds under contract with the Commission. The purpose of preventive maintenance
is to assist the Boards in correcting deficiencies and meeting WIA statutory,
regulatory and contract responsibilities. If preventive maintenance and initial
corrective actions are not successful in assisting the Boards with compliance,
the Commission will consider the sanction actions described in §800.178
to ensure that WIA services continue to be available in the workforce areas
and that there is no interruption of services. The proposed amendment to §800.191
is to clarify that appeals to sanctions relating to WIA are not governed by §800.191
and that the hearing officer submits the proposal for decision to the Commission's
executive director for final decision.
Randy Townsend, Chief Financial Officer, has determined that for the first
five years the rules are in effect, the following statements will apply:
there are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
there are no estimated reductions in costs to the state or to local governments
expected as a result of enforcing or administering the rules;
there are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
there are no foreseeable implications relating to costs or revenues to
the state or to local governments as a result of enforcing or administering
the rules; and
there are no anticipated costs to persons who are required to comply with
the rules as proposed.
Randy Townsend, Chief Financial Officer, has determined that there is no
anticipated adverse impact on small businesses as a result of enforcing or
administering these rules because any regulatory burdens or impact on small
businesses (including micro-businesses) as well as foreseeable adverse economic
effects or costs, if any, would be a result of federal statute and regulations,
which are the basis for these proposed rules, and second, as far as can be
determined, small businesses (including micro-businesses) are not required
to do anything as a result of these rules.
Jean Mitchell, Director of Workforce Development, has determined that for
each year of the first five years that the rules will be in effect the public
benefit anticipated as a result of the adoption of the proposed rules will
be to improve customer service and ensure continued federal funding by strengthening
the partnership between the Commission and the Boards through preventive maintenance
and corrective action to assure compliance with WIA requirements.
Mark Hughes, Director of Labor Market Information, has determined that
there is no foreseeable negative impact upon employment conditions in this
state as a result of these proposed rules.
Comments on the proposed sections may be submitted to Barbara Cigainero,
Workforce Development Division, Texas Workforce Commission, 101 East 15th
Street, Room 130BT, Austin, Texas 78778; Fax Number (512) 463-3424; or E-mail
to
barbara.cigainero@twc.state.tx.us
. Comments
must be received by the Commission no later than 30 days from the date this
proposal is published in the
Texas Register
.
Subchapter A. GENERAL PROVISIONS
SFSP
] to
be an allowable program cost according to 7 Code of Federal Regulations §225.9(d)(4).
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
The commission shall appoint at least
] two members who are deaf
,
[
and
] at least one member
shall be certified at Level
III, Level IV, or Level V and one member may be a frequent consumer of interpreter
services who demonstrates knowledge of the field of interpreting and linguistics.
[
who is actively engaged in the profession of providing interpreting
services to people who are deaf at the time of appointment.
]
Part 9.
TEXAS DEPARTMENT ON AGING
Part 20.
TEXAS WORKFORCE COMMISSION