Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
Chapter 401.
SYSTEM ADMINISTRATION
Subchapter F. INTERNAL AUDIT
25 TAC §§401.401 - 401.413
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts the repeals of Chapter 401, Subchapter F, §§401.401-401.413,
are adopted without changes to the proposed in the October 20, issue of the
The adopted repeals and new §§411.251-411.267 are made to authorize
the department's internal auditors and investigators access to employees and
records of contractors and subcontractors receiving appropriated funds through
TDMHMR. The proposed repeals and new rules fulfill the requirements of the
Texas Government Code, §2001.039, concerning the periodic review of department
rules.
No public hearing was held. No written comments were received.
The repeals are adopted under the Texas Health and Safety Code, §532.015,
which provides the Texas Mental Health and Mental Retardation Board with broad
rulemaking authority and the Internal Auditing Act, Texas Government Code,
Chapter 2102, which describes the standards for conducting internal audits.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 5, 2001.
TRD-200100730
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: February 25, 2001
Proposal publication date: October 20, 2000
For further information, please call: (512) 206-4516
Subchapter F. INTERNAL AUDITS AND INVESTIGATIONS
25 TAC §§411.251 - 411.267
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts new Chapter 411, Subchapter F, §§411.251-411.267,
governing internal audits and investigations. Sections 411.252-411.256, 411.260-411.263,
411.265 and 411.266 are adopted with changes to the proposed text published
in the October 20, 2000, issue of the
Texas Register
(25 TexReg 10433 -10437). Sections 411.251, 411.257-411.259, 411.264,
and 411.267 are adopted without changes. The new sections replace §§401.401-401.413,
relating to internal audit, of Chapter 401, concerning system administration,
which are contemporaneously repealed in this issue of the
Texas Register
.
The adoption of new §§411.251-411.267 and the contemporaneous
repeals of §§401.401-401.413 are made to authorize the department's
internal auditors and investigators to access employees and records of contractors
and subcontractors receiving appropriated funds through TDMHMR. The adoption
of the new rules and repeals fulfills the requirements of Texas Government
Code, §2001.039, concerning the periodic review of department rules.
Minor grammatical changes and clarifying language were made to the subchapter.
Throughout the subchapter references to "the director of Internal Audit" were
changed to "the director" and references to "the director of Internal Audit
or director of Investigations" were changed to "director or designee" to clarify
the responsibilities of the director of Internal Audit.
Language in §411.252, revised consistent with the definitions of "contract"
and "subcontract." In Section §411.253, language was added to the definition
of "audit" to clarify who may be subject to an audit under the new subchapter.
Definitions of "business entity," "contract," "contractor," "subcontract,"
and "subcontractor" were added to clarify how the subchapter applies to contractors
and subcontractor. A definition of "director" also was added and the section
was renumbered.
Concerning §411.261, language was added to clarify who is invited
to attend the exit conference. Language was added in §411.262 to clarify
that a subcontractor must provide copies of its response to audit findings
not only to TDMHMR but also to the contractor. In §411.265(a), language
unnecessary to the meaning of the subsection was deleted. Clarifying language
was added in §411.265(g) to reflect the responsibilities of staff who
are briefing executive staff on the status or outcome of an investigation.
Public comment was received from The Texas Council of Community Mental
Health and Mental Retardation Centers, Inc., Austin.
The commenter requested that the terminology used in the subchapter be
consistent with that found in the Internal Auditing Act, Texas Government
Code, Chapter 2102, specifically with reference to the terms "audit" and "investigation."
The commenter explained that by using separate definitions for the terms "audit"
and "investigation," §411.265(a) is confusing with regard to the roles
of the director of Internal Audit and the director of Investigations.
The department responds that the definitions of "audit" and "investigation"
in the subchapter are consistent with those found in the Internal Auditing
Act and are understandable by the general public and persons who are required
to comply with the subchapter. In addition to the Internal Auditing Act, the
terminology used in the subchapter must comply with the
Standards for Audit of Governmental Organizations, Programs, Activities, and
Functions of the Comptroller General of the United States; Standards for the
Professional Practice of Internal Auditing
of The Institute of Internal
Auditors, Inc.; the Code of Ethics of the Institute of Internal Auditors,
Inc.; the Statement of Responsibilities of Internal Auditing of the Institute
of Internal Auditors, Inc.; and Standards and Code of Ethics of the Association
of Certified Fraud Examiners, Inc. The department agrees that the language
as proposed was confusing with regard to the roles and responsibilities of
the director, Internal Audit, and director, Investigations, and has revised
the language identifying the director, Internal Audit, or designee responsible
for the audit and investigations functions.
The commenter asked that the subchapters concerning program audits and
management audits be referenced to clarify the relationship of all the rules
relating to audits and investigations.
The commenter stated that the subchapter is applicable to audits involving
entities receiving state funds, and as such, it does not address the department's
responsibility for conducting "program reviews and management audits" of "community
MHMR centers" pursuant to the Texas Health and Safety Code, §534.035.
The commenter requested that language be added distinguishing between the
audits that are within the purview of the Office of Internal Audit under these
rules and the management and program audits that are within the purview of
other department rules.
The department declines to add language as requested because, as the commenter
noted, the application section states that the subchapter applies to facilities
of TDMHMR and contractors and subcontractors. The department supports the
proposed language, which indicates that the subchapter would not apply to
a community center, or any entity, that does not contract with TDMHMR. The
department notes that it contracts with local authorities, many of which are
community centers, and any audit of a local authority that is also a community
center would be in accordance with this subchapter. The department also notes
that its rules governing community centers (Chapter 411, Subchapter G) address
the department's procedures for auditing and reviewing community centers pursuant
to the Texas Health and Safety Code, §534.035.
The commenter requested that the definitions of the terms "contractor"
and "subcontractor" in the subchapter be consistent with those in proposed
Chapter 412, Subchapter B, concerning contracts management for local authorities,
and be used consistently in all department rules. The department responds
that the subchapter is written to address contractors and subcontractors of
the state authority, not local authorities governed by Chapter 412, Subchapter
B.
The commenter asked for clarification regarding the department's intent
to include a contractor in an exit conference involving a subcontractor. The
department responds that the contractor would be advised by audit staff of
the date, time, and location of the exit conference with a subcontractor,
and has added clarifying language to the subchapter.
The commenter asked if §411.262, Responses to Audit Findings, serves
as a venue for contesting audit findings. If not, the commenter asked how
the audited party can make known any disagreement with the audit findings.
The commenter asked that procedures clearly provide for a contractor to receive
a copy of the subcontractor's audit responses. The department responds that
it is appropriate for the audited party to contest audit findings in its response
and has added language to the subsection clarifying that a subcontractor provides
its responses to contractors as well as to the appropriate deputy commissioner
or director.
The commenter requested that the subchapter be more clear about the nature
of the complaints that would trigger an investigation under this section.
In addition, the commenter asked for clarification about how the Office of
Internal Audit would respond to a complaint related to the Medicaid Program's
requirements and to the requirements of other state agencies, e.g., the Texas
Commission on Alcohol and Drug Abuse. The department responds that the Office
of Investigations receives reports of alleged misconduct from numerous sources,
e.g., Attorney General's Office, Texas Workers Compensation Commission, State
Office of Risk Management, other state agencies, law enforcement, facility
CEOs, MHMR employees, and the general public. The director or designee reviews
the reports and, based on whether a violation of any law or department policy
has occurred or may have occurred, recommends a course of action to the commissioner.
Complaints against the Medicaid program additionally may be referred to the
Attorney General's Office, Medicaid Fraud Unit, or the entity with authority
over the program.
The commenter acknowledged that the department may conduct an investigation
of a subcontractor, but not the contractor, and asked that the department
add a provision that would require that the department notify the contractor
about any investigation of a subcontractor. The department responds that unless
the contractor's administrative staff or governing body are implicated in
the alleged misconduct, a contractor would be notified about the investigation
of its subcontractor. The department has added clarifying language to the
subsection and notes that to protect the integrity of the investigation, the
conveyance of information pertinent to the investigation may be limited to
notification only.
The new sections are adopted under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority, and the Internal Auditing Act, Texas
Government Code, Chapter 2102, which describes the standards for conducting
internal audits.
§411.252.Application.
This subchapter applies to the facilities of the Texas Department of
Mental Health and Mental Retardation and contractors and subcontractors.
§411.253.Definitions.
The following words and terms, when used in this subchapter, have the
following meanings, unless the context clearly indicates otherwise:
(1)
Audit committee--The audit committee of the Texas of Mental
Health and Mental Retardation Board.
(2)
Audit--A review of financial, program, or management functions
of a facility, contractor, or subcontractor.
(3)
Business entity--A sole proprietorship, including an individual,
partnership, firm, corporation, holding company, joint-stock company, receivership,
trust, or any other entity recognized by law.
(4)
Commissioner--The commissioner of the Texas Department
of Mental Health and Mental Retardation.
(5)
Contract--A written agreement between a business entity
and the department that obligates the entity to provide goods or services
in exchange for money or other valuable consideration.
(6)
Contractor--A business entity that provides good or services
pursuant to a contract.
(7)
Department--The Texas Department of Mental Health and Mental
Retardation (TDMHMR).
(8)
Director--The director of Internal Audit.
(9)
Facility CEO--The head of a facility.
(10)
Facility--Any state hospital, state school, state center,
Central Office, or entity that may become part of TDMHMR.
(11)
Investigation--The identification and review of allegations
of employee misconduct, or other wrong doing involving facilities, contractors,
and subcontractors if the alleged activity affects or implicates the integrity
of the department's programs, employees, or other functions.
(12)
Staff--Persons who are employed by TDMHMR as auditors
or investigators.
(13)
Subcontract--A written agreement between a business entity
and a contractor that obligates the entity to provide goods or services in
exchange for money or other valuable consideration. (This term includes a
"contract" as defined in Chapter 412, Subchapter B, of this title (relating
to contracts management for local authorities).
(14)
Subcontractor--A business entity that provides goods or
services pursuant to a subcontract. (A "subcontractor" is the same as a "contractor"
in Chapter 412, Subchapter B, of this title (relating to contracts management
for local authorities.)
§411.254.Office of Internal Audit Authority and Function.
The Office of Internal Audit, which includes the Office of Investigations,
is authorized to conduct audits and investigations of alleged fraud, misconduct,
or other wrongdoing involving facilities, contractors, and subcontractors.
The director:
(1)
serves at the pleasure of the TDMHMR Board and reports
to members of the TDMHMR Board as specified by board policy;
(2)
has access to the commissioner, to whom the TDMHMR Board
delegates administrative supervisory responsibilities that do not involve
substantive audit issues; and
(3)
is appointed by the commissioner subject to the TDMHMR
Board's approval.
§411.255.Responsibilities of the Audit Committee Chairman and the TDMHMR Board.
(a)
The audit committee chairman is responsible for initiating,
controlling, and receiving reports on all audit activities involving the Office
of the Commissioner.
(b)
The TDMHMR Board is responsible for:
(1)
ensuring the independence of the audit function; and
(2)
notifying the commissioner prior to executing any personnel
actions affecting the director.
§411.256.Responsibilities of the Director.
(a)
The director is responsible for recommending to the audit
committee chairman audits of the commissioner's office and for providing information
that may require an unscheduled audit of the commissioner's office.
(b)
At the audit committee chairman's request, the director
is responsible for advising the audit committee chairman on matters relating
to the qualifications and selection of independent consulting auditors capable
of performing audit activities involving the commissioner's office.
(c)
The director is responsible for submitting through the
commissioner to the audit committee for approval:
(1)
the annual audit plan, which is based on risk analyses
and identifies the audits to be performed during the year; and
(2)
the Office of Internal Audit annual operating budget.
(d)
As a part of each committee meeting, or as requested by
the audit committee chairman, the director is responsible for reporting to
the audit committee chairman on the status of the annual audit plan, including
exceptions to the timely completion of the annual audit plan; the status of
management's resolution of audit findings; and the status of consultations
undertaken pursuant to subsection (d) of §411.260 of this title (relating
to Scope of Audit Work) involving the Office of Internal Audit.
(e)
The director is responsible for informing the commissioner
of any issues that come to his or her attention that may adversely affect
the department.
(f)
The director, at the request of the audit committee chairman,
is responsible for providing logistical support services to independent consulting
auditors engaged by the audit committee.
§411.260.Scope of Audit Work.
(a)
Facilities or activities are audited as described in the
annual audit plan. During an audit, staff may identify issues that result
in extending the scope of the audit. While onsite, the senior auditor provides
the facility, contractor, and subcontractor's CEO with a completed interim
audit finding form for each finding and recommendation and requests a response
on each audit finding form for purposes of discussion at the exit conference
unless the site auditor has reason to believe that fraud, misconduct, or other
wrongdoing is involved. The scope of an audit may include one or more of the
following.
(1)
Staff may evaluate the efficiency and economy of management
operations as described in the department's rules, policies, procedures, and
performance contracts, and the systems of internal control and the quality
in performing assigned responsibilities at each facility, which includes:
(A)
planning the audit, examining and evaluating operations,
communicating results, and following up on recommendations within the limits
of budgetary constrains, time available, and the significance of the findings;
(B)
reviewing the reliability and integrity of financial and
operating information and the means used to identify, measure, classify, and
report such information;
(C)
reviewing the system established to ensure compliance with
those policies, plans, procedures, laws, and regulation that could have a
significant impact on operations and reports;
(D)
reviewing the means for safeguarding assets and, if appropriate,
verifying the existence of assets;
(E)
appraising the economy and efficiency with which resources
are employed;
(F)
reviewing operations to ascertain whether results are consistent
with established objectives and goals and whether the activities are being
implemented as planned;
(G)
evaluating the internal management controls of the department's
automated systems during the planning, design, installation, and production
phases of the system; and
(H)
evaluating the internal and management controls of the
department's new programs during development, implementation, and operational
stages.
(2)
Staff cannot exercise direct authority over facility, contractor,
or subcontractor employees who are subject to the audit or investigation.
(3)
Audit and investigation activities do not relieve employees
responsible for the activities subject to the audit or investigation from
the responsibilities assigned to them.
(b)
Staff independently conclude on the results of the audit,
issue a final report to the board and the commissioner identifying significant
deficiencies or instances of noncompliance, and recommend corrective action
and/or economy and efficiency improvements for the audited facility, contractor,
or subcontractor.
(c)
If approved by the board or the commissioner, staff investigate
alleged fraud, misconduct, or other wrongdoing in accordance with §411.265
of this title (relating to Investigating Alleged Fraud, Misconduct, or Other
Wrongdoing).
(d)
The director may consult the board, the Office of the Governor,
the State Auditor's Office, and other legislative agencies or committees concerning
matters affecting audit duties or responsibilities.
§411.261.Exit Conference Procedures for Audits.
At the conclusion of the audit, staff conduct an exit conference that
includes the CEO and administrative staff of the audited facility, contractor,
or subcontractor to discuss the exceptions and recommendations noted on the
interim audit finding forms. An attempt is made to resolve all exceptions
at the facility, contractor, or subcontractor level before writing the final
audit report. Regardless of whether significant issues are resolved during
the exit conference, they may be included in the final audit report.
§411.262.Responses to Audit Findings.
Within 10 working days of the exit conference, the CEO of the audited
facility, contractor, or subcontractor or designee (respondent) submits to
the deputy commissioner for Community Programs, deputy commissioner for Finance
and Administration, director of State Mental Health Facilities, or director
of Mental Retardation Facilities, as appropriate, his or her responses to
the audit findings. A subcontractor must also submit a copy of the audit responses
to the contractor. The respondent to the final audit report must describe
the actions to be taken regarding each exception and recommendation noted
on the audit finding forms. The deputy commissioner for Community Programs,
deputy commissioner for Finance and Administration, director of State Mental
Health Facilities, or director of Mental Retardation Facilities must submit
to the director the final approved responses to audit findings.
§411.263.Final Audit Report Distribution.
(a)
Within 60 calendar days of the exit conference, the director
issues the final audit report according to the reporting requirements.
(b)
Final audit reports for all audits of facilities, contractors,
and subcontractors are forwarded to the commissioner and distributed to the
deputy commissioner for Community Programs, deputy commissioner for Finance
and Administration, director of State Mental Health Facilities, or director
of Mental Retardation Facilities; and other staff, as appropriate. The deputy
commissioner or director, as appropriate, is responsible for disseminating
the final audit report to appropriate facility employees and contractors,
and contractors are responsible for disseminating the final audit report to
their employees and subcontractors.
(c)
Each member of the TDMHMR Board receives a copy of all
final audit reports.
§411.265.Investigating Alleged Fraud, Misconduct, or Other Wrongdoing.
(a)
Receiving a complaint or identifying alleged wrongdoing.
If staff receive a complaint or identify alleged wrongdoing and report it
to the director or designee, the director may request additional information
to determine whether an investigation is warranted.
(b)
Determining investigative action. If the director or designee
determines that an investigation:
(1)
is warranted, then the director or designee prepares a
written summary of the allegation, including supporting documentation. The
summary and the director's investigative recommendation is submitted to the
commissioner or the TDMHMR Board for approval.
(2)
is not warranted, then the file is documented as closed
and remains under intake status to support such action.
(c)
Approving an investigation. If the commissioner or TDMHMR
Board:
(1)
approves the investigation and, if during its course it
becomes apparent that the alleged wrongdoing occurred or may be ongoing, the
director or designee advises the commissioner or TDMHMR Board who determines
whether to refer the matter to the law enforcement authority; or
(2)
does not approve the investigation, then the file is documented
as closed and remains under intake status to support such action.
(d)
TDMHMR employee confidentiality. Staff must ask TDMHMR
employees who are interviewed or who are included in briefings concerning
investigation activities to sign a confidentiality agreement regarding the
information presented or discussed. If a TDMHMR employee signs a confidentiality
agreement, the employee is agreeing to maintain such confidentiality to the
extent permitted by law. If an employee refuses to sign the confidentiality
agreement, then, in accordance with department policy, the employee may be
subject to disciplinary action as determined by the facility CEO.
(e)
Conducting the investigation.
(1)
If the investigation involves the commissioner's office,
the director or designee immediately reports any investigative impediments
to the TDMHMR Board's audit committee chairman.
(2)
If staff conducting the investigation determine that the
department may be at risk or liable under the law, the director or designee
must be notified as soon as practical.
(3)
Staff, as appropriate to the circumstances of the investigation,
notify the CEO or governing body of such facility, contractor, or subcontractor,
that an investigation is being conducted, including the contractor of a subcontractor
under investigation.
(4)
If facility, contractor, or subcontractor administration
is considering personnel action based upon information obtained during an
on going investigation, he or she must contact the director or designee before
taking the personal action so the potential impact on the investigation can
be evaluated.
(5)
If the personnel action is taken, facility, contractor,
or subcontractor administration must notify staff conducting the investigation.
(f)
Referring to law enforcement authorities. If the matter
under investigation:
(1)
is referred to law enforcement authorities:
(A)
the lead investigator makes the referral.
(B)
staff act as the liaison between the department and law
enforcement authorities.
(C)
staff may assist in the investigation under the direction
of law enforcement authorities.
(2)
is not referred to law enforcement authorities:
(A)
the commissioner or board may direct staff to further investigate.
(B)
the case may be closed without further action and filed
under intake status to support such action.
(3)
is declined by law enforcement authorities:
(A)
the commissioner or board may direct staff to further investigate.
(B)
the case may be closed without further action and filed
under intake status to support action.
(g)
Briefing executive staff. The director or designee must
offer to brief the commissioner and the TDMHMR Board. As appropriate to the
circumstances of the investigation, the director or designee may brief the
CEO or governing body of the facility, contractor, or subcontractor verbally
on the status of the investigation and, upon completion, provide the final
written report. Verbal status reports and final written reports assist executive
staff in:
(1)
administering personnel action;
(2)
referring to law enforcement;
(3)
revising rules, policies, and procedures;
(4)
implementing performance reviews; and
(5)
enforcing contractual obligations.
(h)
Documenting investigative results. The lead investigator
must prepare the final written report documenting the results of the investigation,
including:
(1)
a statement of allegations;
(2)
a summary of investigation activities;
(3)
an analysis of the evidence;
(4)
a statement indicating whether fraud, misconduct, or wrongdoing
occurred; and
(5)
the recommended course of action.
§411.266.References.
Reference is made to the following rules, statutes, and publications:
(1)
Standards for Audit of Governmental
Organizations, Programs, Activities, and Functions
, the Comptroller
General of the United States;
(2)
Standards for the Professional
Practice of Internal Auditing
, The Institute of Internal Auditors,
Inc.;
(3)
Code of Ethics of the Institute of Internal Auditors, Inc.;
(4)
The Statement of Responsibilities of Internal Auditing
of the Institute of Internal Auditors, Inc.;
(5)
Internal Auditing Act, Texas Government Code, Chapter 2102;
and
(6)
Standards and Code of Ethics of the Association of Certified
Fraud Examiners, Inc.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 5, 2001.
TRD-200100729
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: February 25, 2001
Proposal publication date: October 20, 2000
For further information, please call: (512) 206-4516
Subchapter A. STANDARD OPERATING PROCEDURES
The Texas Department of Mental Health and Mental Retardation (TDMHMR)
adopts new Chapter 417, Subchapter A, §§417.1-417.6, concerning
assignment and use of pooled vehicles, of Chapter 417, governing agency and
facility responsibilities. Sections 417.4 and 417.6 are adopted with changes
to the text as published in the January 12, 2001, issue of the
Texas Register
(26 TexReg 274-275). Sections 417.1-417.3, and 417.5
are adopted without changes and will not be republished.
The adoption of new §§417.1-417.6 implements Texas Government
Code, §§2171.104, 2171.1045, and 2171.105, concerning management
of the department's motor vehicle pool.
No public comments were received.
Minor grammatical changes were made throughout the subchapter. Section
417.4 has been revised from the language drafted by the General Services Commission,
Office of Vehicle Fleet Management, to reflect TDMHMR's policy regarding assigning
vehicles from the motor pool and organizational structure.
1.
GENERAL REQUIREMENTS
25 TAC §§417.1 - 417.3
The new sections are adopted under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority and the Texas Government Code, §§2171.104
and 2171.1045, which the requires the department to adopt rules implementing
the fleet management plan. The new sections affect the Texas Government Code, §§2171.104,
2171.1045, and 2171.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 12, 2001.
TRD-200100867
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: March 4, 2001
Proposal publication date: January 12, 2001
For further information, please call: (512) 206-4516
25 TAC §417.4
The new section is adopted under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority and the Texas Government Code, §§2171.104
and 2171.1045, which the requires the department to adopt rules implementing
the fleet management plan. The new sections affect the Texas Government Code, §§2171.104,
2171.1045, and 2171.105.
§417.4.Assignment and Use of Pooled Vehicles.
(a)
Except as provided by subsection (b) of this section, state-owned
vehicles under the department's control are assigned to the facility's motor
vehicle pool and made available for use as needed. Some of the vehicles in
the motor vehicle pool may be organized in subpools and assigned to divisions
or functions (e.g., building services, security, food services) within the
facility. The subpooled vehicles are available only to staff in that division
or who perform job duties related to that function.
(b)
If a state-owned vehicle under the department's control
is assigned to an employee, then the facility CEO or designee must document
in writing that the assignment and use of the vehicle is critical to the department's
mission. The written documentation must be maintained at the facility, sent
to and maintained in the Central Office transportation office, and sent to
the General Services Commission, Office of Vehicle Fleet Management.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2001.
TRD-200100868
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: March 4, 2001
Proposal publication date: January 12, 2001
For further information, please call: (512) 206-4516
25 TAC §417.5, §417.6
The new sections are adopted under the Texas Health and Safety
Code, §532.015, which provides the Texas Mental Health and Mental Retardation
Board with broad rulemaking authority and the Texas Government Code, §§2171.104
and 2171.1045, which the requires the department to adopt rules implementing
the fleet management plan. The new sections affect the Texas Government Code, §§2171.104,
2171.1045, and 2171.105.
§417.6.Distribution.
(a)
This subchapter is distributed to members of the TDMHMR
Board; medical director; deputy commissioners for Community Programs and Budget
and Finance and the directors, State Mental Health Facilities and State Mental
Retardation Facilities; and Central Office program and management staff.
(b)
This subchapter is distributed to facility CEOs who are
responsible for disseminating this subchapter to their staff, as appropriate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 12, 2001.
TRD-200100869
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: March 4, 2001
Proposal publication date: January 12, 2001
For further information, please call: (512) 206-4516
Chapter 701.
POLICIES AND PROCEDURES
Chapter 411.
STATE AUTHORITY RESPONSIBILITIES
Chapter 417.
AGENCY AND FACILITY RESPONSIBILITIES
2.
TRANSPORTATION
3.
REFERENCES AND DISTRIBUTION
Part 11.
TEXAS CANCER COUNCIL