Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter J. BUDGETING
40 TAC §3.1003
The Texas Department of Human Services (DHS) adopts an amendment
to §3.1003, without changes to the proposed text published in the April
12, 2002, issue of the
Texas Register
(27
TexReg 3026).
Justification for the amendment is to implement a demonstration project
authorizing a standard medical expense deduction for elderly or disabled household
members. Food stamp regulations currently allow states to provide a deduction
for the actual cost of medical expenses that exceed $35 a month. DHS has requested
a waiver from the Food and Nutrition Service (FNS) that would allow elderly
or disabled household members to choose between a standard expense of $137
a month or actual expenses. The standard amount may vary slightly if adjustments
are necessary to meet federal cost neutrality requirements. DHS is authorized
to conduct this demonstration project by 7 Code of Federal Regulations §282.1.
The department received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapter 33, which authorizes the department to administer nutritional assistance
programs.
The amendment implements the Human Resources Code, §§33.001-33.027.
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 2, 2002.
TRD-200204205
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 1, 2002
Proposal publication date: April 12, 2002
For further information, please call: (512) 438-3734
Chapter 141.
GENERAL PROVISIONS
40 TAC §141.21
The Texas Commission on Alcohol and Drug Abuse (commission)
adopts the repeal of §141.21 of Chapter 141--General Provisions, concerning
Advisory Councils. The repeal is adopted without changes to the proposal as
published in the May 24, 2002, issue of the
Texas
Register
(27 TexReg 4549).
Section 141.21 pertains to the responsibilities of the commission's Regional
Advisory Consortia (RAC), Multicultural Affairs Advisory Council (MAAC), and
Statewide Planning Committee (SPC).
The commission adopts the repeal of §141.21 because of extensive changes
to the existing rule. The adopted new rule, which will be submitted for publication
in the July 19, 2002 issue of the
Texas Register
consolidates responsibilities of the RAC, MAAC, and SPC, into one
advisory group, the Statewide Planning Advisory Committee (SPAC).
No comments were received regarding the repeal.
The repeal is adopted under the Texas Health and Safety Code, §461.012(a)(15)
which provides the commission with the authority to adopt rules governing
the functions of the Commission.
The code affected by the adoption is the Texas Health and Safety Code,
Title 6, Subtitle B, §461.012(a)(15).
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 2, 2002.
TRD-200204202
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 349-6607
40 TAC §141.21
The Texas Commission on Alcohol and Drug Abuse (commission)
adopts new §141.21 of Chapter 141--General Provisions, concerning Statewide
Planning Advisory Committee with changes to the proposed text as published
in the May 24, 2002, issue of the
Texas Register
(27 TexReg 4550).
The commission changed the name of its new advisory group from Statewide
Advisory Planning Council to Statewide Planning Advisory Committee (SPAC)
to more accurately reflect the role of the advisory group and to reflect the
name used in the Statewide Service Delivery Plan and the Strategic Plan.
The commission also made changes to §141.21(a) to ensure that the
composition of the SPAC is geographically well rounded and reflective of the
commission's constituents.
In §141.21(b) the commission increased the number of members on the
SPAC from 15 to 20 and added a report by the executive director to the board
regarding appointees to the committee.
The commission adopts the new rule to consolidate the responsibilities
of the Commission's Regional Advisory Consortia, Multicultural Affairs Advisory
Council, and Statewide Planning Committee, into one advisory group, the Statewide
Planning Advisory Committee (SPAC) so that a more efficient and practical
use of resources results.
Two written comments were received on the proposed new §141.21 and
are listed below. Comment submitted by the Network of North Texas Substance
Abuse Prevention/Intervention was received after the comment period ended.
Comment: The Association of Substance Abuse Programs (ASAP) supports the
proposed development of a single statewide entity and looks forward to the
implementation of an advisory structure at TCADA that is functional and actively
utilized. To ensure all parts of the state are represented in an advisory
capacity, ASAP suggest adding specific language to the proposed rule that
ensures HHSC regional representation is achieved. ASAP also recommends expanding
the maximum number of committee members to 20, and setting up an appointment
application process whereby the commission's governing board ratifies the
list of appointments made by the Executive Director.
Comment: Network of North Texas Substance Abuse Prevention/Intervention
Providers suggest that all the commissioners be allowed to recommend members
and have the final approval of membership.
Response: The commission made the following change to §141.21(a).
The committee shall be composed of representatives from each of the 11 Health
and Human Services regions and include consumers, family members, professionals,
providers including those contracting with the Commission, and representatives
from statewide agencies, organizations, educational institutions, and coalitions.
The commission made the following changes to §141.21(b). The commission
increased the number of members on the SPAC from 15 to 20 and added a report
by the executive director to the board regarding appointees to the committee.
The SPAC is to advise the Commission, which practically is the executive
director and his staff. The board should be informed whether the executive
director is complying with the rule. In addition the appointments to the SPAC
will be more timely if made by the executive director.
This new rule is 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.
The code affected by the adopted new rule is the Texas Health and Safety
Code, Title 6, Subtitle B, §461.012(a)(15).
§141.21.Statewide Planning Advisory Committee.
(a)
The commission establishes a Statewide Planning Advisory
Committee (SPAC) to assist the Commission in planning and policy development.
The SPAC shall consist of a geographically and culturally diverse group of
individuals involved with substance abuse services and related issues. The
committee shall be composed of representatives from each of the 11 Health
and Human Services regions and include consumers, family members, professionals,
providers including those contracting with the Commission, and representatives
from statewide agencies, organizations, educational institutions, and coalitions.
(b)
The SPAC consists of no more than 20 individuals. Members
are appointed by the commission's executive director and serve for staggered
three-year terms. The executive director will advise the Commission's governing
board of the extent to which committee members meet the membership criteria.
(c)
The purpose of the SPAC is to:
(1)
assist the commission in developing and implementing the
Strategic Plan, the Statewide Service Delivery Plan, and the Substance Abuse
Prevention and Treatment block grant application;
(2)
participate in the development of rules and standards;
(3)
work with the commission in addressing substance abuse
needs across the state; and
(4)
provide input on other issues as requested by the commission.
(d)
The SPAC shall develop bylaws to govern its operations.
(e)
Each year, the SPAC shall submit proposed goals and objectives
and a report of its activities and achievements to the commission's executive
director.
(f)
The commission shall provide administrative support to
the SPAC.
(g)
Members may be reimbursed for travel expenses only when
funds are appropriated for this purpose.
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 2, 2002.
TRD-200204201
Karen Pettigrew
General Counsel
Texas Commission On Alcohol and Drug Abuse
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 349-6607
Subchapter B. LICENSURE INFORMATION
40 TAC §148.31
The Texas Commission on Alcohol and Drug Abuse (commission)
adopts amendment to §148.31, concerning Facility Licensure without changes
to the proposed text as published in the May 24, 2002, issue of the
The commission adopts amendment to §148.31 to close a loophole involving
facilities that surrender their license and establish the length of time that
must pass before a formerly licensed facility becomes eligible to receive
faith-based exemption under Chapter 145.
Two comments were received in writing on the amendment to §148.31
and are listed below.
Comment: I believe if a license is revoked for abuse or neglect that the
person or facility should not be allowed a faith based license period. Two
years is not enough time.
Response: The two-year period is consistent with other rules the commission
has in place regarding voluntary surrender of license.
Comment: Please clarify what is meant by "a facility who surrendered its
license after an administrative hearing to revoke the license has been noticed...".
Response: The language closes a loophole involving facilities that surrender
their license after the initiation of contested case proceedings and refers
to the commission's notification to an entity (Notice of Hearing) that the
commission is going to hearing to take action against its license.
This amendment is adopted under the Texas Health and Safety Code,
Chapter 464 which provides the commission with the authority to adopt rules
licensing chemical dependency treatment facilities.
The code affected by the adopted amendment is the Texas Health and Safety
Code, Chapter 464.
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 2, 2002.
TRD-200204203
Karen Pettigrew
General Counsel
Texas Commission on Alcohol and Drug Abuse
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 349-6607
Chapter 362.
DEFINITIONS
40 TAC §362.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §362.1, concerning Definitions, without changes to the
proposed text as published in the May 24, 2002 issue of the
Texas Register
(27 TexReg 4554) and will not be republished.
The section was amended to clarify terms which were not consistent.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
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 2, 2002.
TRD-200204197
John Maline
Executive Director
Texas Board Of Occupational Therapy Examiners
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 305-6900
40 TAC §363.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §363.1, concerning Consumer/Licensee Information, without
changes to the proposed text as published in the May 24, 2002 issue of the
The section was amended to make current the reference to the OT Practice
Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
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 2, 2002.
TRD-200204195
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 305-6900
40 TAC §364.1, §364.3
The Texas Board of Occupational Therapy Examiners adopts
amendments to §364.1, concerning Requirements for Licensure and §364.3.
Temporary License, without changes to the proposed text as published in the
May 24, 2002 issue of the
Texas Register
(27
TexReg 4555) and will not be republished.
The section was amended to recognize application from the US military and
add a time limit duration for the temporary license.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
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 2, 2002.
TRD-200204194
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 305-6900
40 TAC §369.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §369.1, concerning Display of Licenses, without changes
to the proposed text as published in the May 24, 2002 issue of the
Texas Register
(27 TexReg 4556) and will not be republished.
The section was amended to make current the reference to the OT Practice
Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
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 2, 2002.
TRD-200204193
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 305-6900
40 TAC §372.1
The Texas Board of Occupational Therapy Examiners adopts
amendments to §372.1, concerning Provision of Services, without changes
to the proposed text as published in the May 24, 2002 issue of the
Texas Register
(27 TexReg 4556) and will not be republished.
The section was amended to clarify terms.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
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 2, 2002.
TRD-200204192
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 305-6900
40 TAC §§373.1 - 373.3
The Texas Board of Occupational Therapy Examiners adopts
amendments to §373.1, concerning Supervision of Non-Licensed Personnel, §373.2
concerning Supervision of a Temporary Licensee, and §373.3 concerning
Supervision of a Licensed Occupational Therapy Assistant without changes to
the proposed text as published in the May 24, 2002 issue of the
Texas Register
(27 TexReg 4557) and will not be republished.
The section was amended to clarify terms and procedures.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Occupational Therapy Practice
Act, Title 3, Subchapter H, Chapter 456, Occupations Code, which provides
the Texas Board of Occupational Therapy Examiners with the authority to adopt
rules consistent with this Act to carry out its duties in administering this
Act.
Title 3, Subchapter H, Chapter 454 of the Occupations Code is affected
by this amended section.
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 2, 2002.
TRD-200204191
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: July 22, 2002
Proposal publication date: May 24, 2002
For further information, please call: (512) 305-6900
Chapter 800.
GENERAL ADMINISTRATION
Subchapter D. INCENTIVE AWARD RULES
Part 3.
TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
Chapter 148.
FACILITY LICENSURE
Part 12.
TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
Chapter 363.
CONSUMER/LICENSEE INFORMATION
Chapter 364.
REQUIREMENTS FOR LICENSURE
Chapter 369.
DISPLAY OF LICENSES
Chapter 372.
PROVISION OF SERVICES
Chapter 373.
SUPERVISION
Part 20.
TEXAS WORKFORCE COMMISSION