TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 79. LEGAL SERVICES

Subchapter E. ADVISORY COMMITTEES

40 TAC §79.403

The Texas Department of Human Services (DHS) adopts an amendment to §79.403 without changes to the proposed text published in the April 13, 2001, issue of the Texas Register (26 TexReg 2820) and will not be republished.

Justification of the amendment is to move the specifications for the Home and Community Support Services Advisory Council and the Texas Board of Human Services/Board of Nurse Examiners Memorandum of Understanding Advisory Committee, previously under Chapter 97 (relating to HCSSAs) to Chapter 79, which includes the department's rules on advisory committees.

The department received no comments concerning the proposal.

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides the department with the authority to adopt rules that govern the HCSSA Advisory Council and the Texas Board of Human Services/Board of Nurse Examiners Memorandum of Understanding Advisory Committee.

The amendment implements the Health and Safety Code, Chapter 142.001-142.030.

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 June 8, 2001.

TRD-200103221

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: July 1, 2001

Proposal publication date: April 13, 2001

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


Part 3. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

Chapter 141. GENERAL PROVISIONS

40 TAC §§141.61, 141.62, 141.71

The Texas Commission on Alcohol and Drug Abuse adopts new §§141.61, 141.62 and 141.71 of Chapter 141 concerning General Provisions. The sections are adopted without changes to the proposed text as published in the April 20, 2001, issue of the Texas Register (26 TexReg 2974).

Information regarding procurement procedures, procurement protest processes, and training and education for commission employees is provided in the new sections.

The new rules ensure commission procurements will comply with state law, provide applicants with information about protest procedures for procurements, and ensure appropriate use of training benefits by commission staff.

No comments were received regarding the adoption of the sections.

The new sections are adopted under the Texas Health and Safety Code, §461.012(a)(15) which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission when funding services and §461.0141 which provides the commission with authority to adopt rules regarding purchase of services.

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 June 6, 2001.

TRD-200103188

Karen Pettigrew

General Counsel

Texas Commission on Alcohol and Drug Abuse

Effective date: September 1, 2001

Proposal publication date: April 20, 2001

For further information, please call: (512) 349-6607


Part 11. TEXAS COMMISSION ON HUMAN RIGHTS

Chapter 321. GENERAL PROVISIONS

40 TAC §321.1

The Commissioners of the Texas Commission on Human Rights adopt amended §321.1 concerning Definitions without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3385).

The amendments delete the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendments.

The amendments are adopted under the Texas Labor Code, Chapter 21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321, Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section 21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, Section 21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

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 June 8, 2001.

TRD-200103209

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 28, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458


Chapter 323. COMMISSION

40 TAC §323.1, §323.2

The Commissioners of the Texas Commission on Human Rights adopt amended §323.1, concerning General Description and §323.2, concerning Term of Office without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3386).

The amendments delete the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendments.

The amendments are adopted under the Texas Labor Code, Chapter 21, §21.556 and §21.003 and Texas Administrative Code, Chapter 321, §321.4 and Chapter 323, §323.5. The Texas Labor Code, §21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, §21.003 and the Texas Administrative Code, §321.4 and §323.5 grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

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 June 7, 2001.

TRD-200103191

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 27, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458


Chapter 325. LOCAL COMMISSIONS

40 TAC §§325.1 - 325.3, 325.5

The Commissioners of the Texas Commission on Human Rights adopt amended §§325.1 concerning Deferral Authority, 325.2, concerning Deferral Procedures, 325.3, concerning Final Determination of a Local Commission, and 325.5, concerning Eligibility without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3386).

The amendments delete the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendments.

The amendments are adopted under the Texas Labor Code, Chapter 21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321, Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section 21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, Section 21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

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 June 7, 2001.

TRD-200103192

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 27, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458


Chapter 327. ADMINISTRATIVE REVIEW

Subchapter A. ADMINISTRATIVE INVESTIGATION AND REVIEW

40 TAC §§327.3, 327.4, 327.6 - 327.10, 327.12

The Commissioners of the Texas Commission on Human Rights adopt amended §§327.3 concerning Subpoena, 327.4 concerning Dismissal of Complaint, 327.6 concerning Conciliation, 327.7 concerning Notice to Complainant, 327.8 concerning Failure to Issue Notice, 327.9 concerning Access to Commission Records, 327.10 concerning Confidentiality, and 327.12 concerning Temporary Injunctive Relief without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3387).

The amendments delete the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendments.

The amendments are adopted under the Texas Labor Code, Chapter 21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321, Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section 21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, Section 21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

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 June 5, 2001.

TRD-200103130

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 25, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458


Chapter 329. JUDICIAL ACTION

40 TAC §329.1

The Commissioners of the Texas Commission on Human Rights adopt amended §329.1 concerning Enforcement without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3389).

The amendment deletes the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendment.

The amendment is adopted under the Texas Labor Code, Chapter 21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321, Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section 21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, Section 21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

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 June 5, 2001.

TRD-200103131

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 25, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458


Chapter 331. REPORTS AND RECORD KEEPING

40 TAC §331.1

The Commissioners of the Texas Commission on Human Rights adopt amended §331.1 concerning Preservation and Use without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3389).

The amendment deletes the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendment.

The amendment is adopted under the Texas Labor Code, Chapter 21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321, Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section 21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, Section 21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

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 June 5, 2001.

TRD-200103132

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 25, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458


Chapter 333. CONFORMITY

40 TAC §333.1

The Commissioners of the Texas Commission on Human Rights adopt amended § 333.1 concerning Conformity without changes to the text published in the May 4, 2001, issue of the Texas Register (26 TexReg 3390).

The amendments delete the reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary to provide the reference to the historic citation.

No comments were received in response to the proposed amendments.

The amendments are adopted under the Texas Labor Code, Chapter 21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321, Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section 21.556, provides that the Commission shall promulgate rules as are necessary and proper to execute its duties and functions. The Texas Labor Code, Section 21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

The 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.

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 June 5, 2001.

TRD-200103133

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Effective date: June 25, 2001

Proposal publication date: May 4, 2001

For further information, please call: (512) 437-3458