Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 2.
EMERGENCY PREPAREDNESS
25 TAC §2.1
The Texas Department of Health (department) proposes a new
rule §2.1 concerning the establishment of the Preparedness Coordinating
Council (council). Specifically, the rule covers the establishment, structure,
and composition of a preparedness coordinating council. The purpose of the
council is to provide advice and assistance to the Board of Health (board)
and the department in coordinating effort to prepare the State of Texas for
bioterrorism attacks, other infectious disease outbreaks, and additional public
health threats and emergencies. This rule is necessary in order to comply
with the requirements of Title 42 United States Code, §247d-3a(b) and
Cooperative Agreement U90/CCU617001-03-3 (Public Health Preparedness and Response
for Bioterrorism).
The council is established under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees, and Title 42 United
States Code, §247d-3a(b), which requires an advisory committee to provide
the department with advice on public health preparedness. The council is governed
by the Government Code, Chapter 2110, concerning state agency advisory committees.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
Lisa Schultz, Staff Services Officer, Office of the State Epidemiologist,
has determined that for each year of the first five years the section is in
effect, there will be no fiscal implications for state and local government
as a result of enforcing the section as proposed.
Lisa Schultz 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 enforcing
the section will be to provide advice to the department on this important
issue. There will be no costs to small business or micro-business resulting
from compliance with this section, as this section addresses only the establishment,
composition and structure of the council. There are no anticipated economic
costs to persons who are required to comply with the section as proposed.
There is no anticipated impact on local employment.
Comments may be submitted to Trish Taylor, Office of the State Epidemiologist,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, Telephone
512-458-7219, Fax 512-458-7472, or Email address at trish.taylor@tdh.state.tx.us.
Comments on the proposal will be accepted for 30 days following publication
in the
Texas Register
.
The new rule is proposed under Health and Safety Code, §12.001
which provides the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and the commissioner;
and Government Code, §2110.005 which requires the department to adopt
rules stating the purpose and tasks of its advisory committees.
The new rule affects the Health and Safety Code, Chapter 11, and the Government
Code, Chapter 2110.
§2.1.Preparedness Coordinating Council.
(a)
The council.
(1)
The Preparedness Coordinating Council (council) shall be
appointed under and governed by this section.
(2)
The council is established under the Health and Safety
Code, §11.016, which authorizes the board to establish advisory councils
and Title 42 United States Code §247d-3a(b) which requires an advisory
committee (or similar mechanism) to obtain input on preparedness planning.
(b)
Applicable law. The council is subject to the Government
Code, Chapter 2110, concerning state agency advisory councils.
(c)
Purpose. The purpose of the council is to provide advice
and assistance to the Board of Health (board) and the Department of Health
(department) in coordinating efforts to prepare the state of Texas for bioterrorism
attacks, other infectious disease outbreaks, and additional public health
threats and emergencies.
(d)
Tasks.
(1)
The council shall advise the board concerning rules relating
to major public health preparedness issues.
(2)
The council will assist the department and the board in
coordinating preparedness and response planning, improving disease surveillance
and detection, developing epidemic response capabilities, and addressing other
public health emergency activities related to the department.
(3)
The council shall carry out any other tasks assigned by
the board.
(e)
Council abolished. By January 1, 2007, the board will initiate
and complete a review of the council to determine whether the council should
be continued, consolidated with another council, or abolished. If the council
is not continued or consolidated, the council shall be abolished on that date.
(f)
Composition. The council shall be composed of 17 members.
(1)
The composition of the council shall include five consumer
representatives, and 12 non-consumer representatives.
(2)
The members of the council shall be appointed by the commissioner
of health (commissioner) as follows:
(A)
five consumers representing the interests of the general
public;
(B)
12 non-consumer members, including the following:
(i)
three representatives of local health departments or local
governments;
(ii)
three representatives from emergency management entities;
(iii)
three representatives from community hospitals or other
community health providers; and
(iv)
three representatives from universities or health science
centers.
(g)
Terms of office. The term of office of each member shall
be six years.
(1)
Members shall be appointed for staggered terms so that
the terms of six members will expire on December 31 of each even-numbered
year.
(2)
If a vacancy occurs, a person shall be appointed to serve
the unexpired portion of that term.
(h)
Officers. The council shall select from its members the
presiding officer and an assistant presiding officer.
(1)
The presiding officer shall serve until December 31 of
each even-numbered year. The assistant presiding officer shall serve until
December 31 of each odd-numbered year. Both the presiding officer and the
assistant presiding officer may holdover until his or her replacement is elected
by the council.
(2)
The presiding officer shall preside at all council meetings
which he or she attends, call meetings in accordance with this section, appoint
subcommittees of the council as necessary, and cause proper reports to be
made to the board. The presiding officer may serve as an ex-officio member
of any subcommittee of the council.
(3)
If the office of assistant presiding officer becomes vacant,
it may be filled by vote of the council.
(4)
A member shall serve no more than two consecutive terms
as assistant presiding officer.
(5)
The council may reference its officers by other terms,
such as chairperson and vice-chairperson.
(i)
Meetings. The council shall meet only as necessary to conduct
council business.
(1)
A meeting may be called by agreement of department staff
and either the presiding officer or at least three members of the council.
(2)
Meeting arrangements shall be made by department staff.
Department staff shall contact council members to determine availability for
a meeting date and place.
(3)
The council is not a "governmental body" as defined in
the Open Meetings Act. However, in order to promote public participation,
each meeting of the council shall be announced and conducted in accordance
with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception
that the provisions allowing executive sessions shall not apply.
(4)
Each member of the council shall be informed of a council
meeting at least five working days before the meeting.
(5)
A simple majority of the members of the council shall constitute
a quorum for the purpose of transacting official business.
(6)
The council is authorized to transact official business
only when in a legally constituted meeting with a quorum present.
(7)
The agenda for each council meeting shall include an opportunity
for any person to address the council on matters relating to council business.
The presiding officer may establish procedures for such public comment, including
a time limit on each comment.
(j)
Attendance. Members shall attend council meetings as scheduled.
Members shall attend meetings of subcommittees to which the members are assigned.
(1)
A member shall notify the presiding officer or appropriate
department staff if he or she is unable to attend a scheduled meeting.
(2)
It shall be grounds for removal from the council if a member
cannot discharge the member's duties for a substantial part of the term for
which the member is appointed because of illness or disability, absence from
more than half of the council and subcommittees meetings during a calendar
year, or absence from at least three consecutive council meetings.
(3)
The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a member exists.
(k)
Staff. Staff support for the council shall be provided
by the department.
(l)
Procedures. Roberts Rules of Order, Newly Revised, shall
be the basis of parliamentary decisions except where otherwise provided by
law or rule.
(1)
Any action taken by the council must be approved by a majority
vote of the members present once a quorum is established.
(2)
Each member shall have one vote.
(3)
A member may not authorize another individual to represent
the member by proxy.
(4)
The council shall make decisions in the discharge of its
duties without discrimination based on any person's race, creed, gender, religion,
national origin, age, physical condition, or economic status.
(5)
Minutes of each council meeting shall be taken by department
staff.
(A)
A draft of the minutes approved by the presiding officer
shall be provided to the board and each member of the council within 30 days
of each meeting.
(B)
After approval by the council, the minutes shall be signed
by the presiding officer.
(m)
Subcommittee. The council may establish subcommittees as
necessary to assist the council in carrying out its duties.
(1)
The presiding officer shall appoint members of the council
to serve on subcommittees and to act as subcommittee chairpersons. The presiding
officer also may appoint nonmembers of the council to serve on subcommittees.
(2)
Subcommittees shall meet when called by the subcommittee
chairperson or when so directed by the council.
(3)
A subcommittee chairperson shall make regular reports to
the advisory council at each council meeting or in interim written reports
as needed. The reports shall include an executive summary or minutes of each
subcommittee meeting.
(n)
Statement by members.
(1)
The board, the department, and the council shall not be
bound in any way by any statement or action on the part of any council member
except when a statement or action is in pursuit of specific instructions from
the board, department, or council.
(2)
The council and its members may not participate in legislative
activity in the name of the board, the department, or the council except with
approval through the department's legislative process. Council members are
not prohibited from representing themselves or other entities in the legislative
process.
(3)
A committee member should not accept or solicit any benefit
that might reasonably tend to influence the member in the discharge of the
member's official duties.
(4)
A committee member should not disclose confidential information
acquired through his or her committee membership.
(5)
A committee member should not knowingly solicit, accept,
or agree to accept any benefit for having exercised the member's official
powers or duties in favor of another person.
(6)
A committee member who has a personal or private interest
in a matter pending before the committee shall publicly disclose the fact
in a committee meeting and may not vote or otherwise participate in the matter.
The phrase "personal or private interest" means the committee member has a
direct pecuniary interest in the matter but does not include the committee
member's engagement in a profession, trade, or occupation when the member's
interest is the same as all others similarly engaged in the profession, trade,
or occupation.
(o)
Reports to board. The council shall file an annual written
report with the board.
(1)
The report shall list the meeting dates of the council
and any subcommittees, the attendance records of its members, a brief description
of actions taken by the council, a description of how the council has accomplished
the tasks given to the council by the board, the status of any rules which
were recommended by the council to the board, and anticipated activities of
the council for the next year.
(2)
The report shall identify the costs related to the council's
existence, including the cost of agency staff time spent in support of the
council's activities and the source of funds used to support the council's
activities.
(3)
The report shall cover the meetings and activities in the
immediately preceding fiscal year and shall be filed with the board each January.
The report shall be signed by the commissioner.
(p)
Reimbursement for expenses. In accordance with the requirements
set forth in the Government Code, Chapter 2110, a council member may receive
reimbursement for the member's expenses incurred for each day the member engages
in official council business if authorized by the General Appropriations Act
or the budget execution process.
(1)
No compensatory per diem shall be paid to council members
unless required by law.
(2)
A council member who is an employee of a state agency,
other than the department, may not receive reimbursement for expenses from
the department.
(3)
Each member who is to be reimbursed for expenses shall
submit to staff the member's receipts for expenses and any required official
forms no later than 14 days after each council meeting.
(4)
Requests for reimbursement of expenses shall be made on
official state travel vouchers prepared by department staff.
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 October 18, 2002.
TRD-200206845
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
Subchapter P. SURVEILLANCE AND CONTROL OF BIRTH DEFECTS
25 TAC §37.307
(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 of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes
the repeal of §37.307 concerning the Scientific Advisory Committee on
Birth Defects in Texas (committee). The committee has provided advice to the
Texas Board of Health (board) and the department in the area of implementing
an effective birth defects registry and related research, referral, and educational
activities.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the Scientific Advisory
Committee on Birth Defects in Texas. The rule states that the committee will
automatically be abolished on March 1, 2003, and the board has determined
that the committee should be abolished on that date. Issues relating to the
type of advice previously provided by the committee have been implemented
and future related issues are better addressed through the establishment of
ad hoc workgroups.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). The department
has reviewed §37.307 and has determined that reasons for adopting the
rule no longer continue to exist.
The department published a Notice of Intention to Review §37.307 in
the
Texas Register
on April 28, 2000 (25 TexReg
3799). No comments were received due to publication of this notice.
Jacquelyn McDonald, Director, Office of the Board of Health, has determined
that for each year of the first five years the repeal is in effect, there
will be no fiscal implications for state or local governments as a result
of enforcing or administering this section since the section will no longer
exist.
Ms. McDonald has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of repealing
the section will be increased flexibility and breadth in obtaining specific
input on issues related to birth defect research and education. There will
be no effect on micro businesses or small businesses. This was determined
by interpretation of the rule that small businesses and micro-businesses will
not be required to alter their business practices in order to comply with
the repeal of the rule as proposed. There is no economic costs to persons
as a result of this repeal. There will be no effect on local employment.
Comments may be submitted to Jacquelyn McDonald, Director, Office of the
Board of Health, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756, (512) 458-7484. Comments on the proposed section will be accepted
for 30 days following publication in the
Texas Register
.
The repeal is proposed under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function, and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
The repeal affects the Health and Safety Code, Chapters 11 and 91, and
the Government Code, Chapter 2110; and implements Government Code §2001.039.
§37.307.Scientific Advisory Committee on Birth Defects in Texas.
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 October 18, 2002.
TRD-200206850
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
Subchapter A. KIDNEY HEALTH CARE PROGRAM
25 TAC §61.12
The Texas Department of Health (department) proposes an amendment
to §61.12 concerning the Kidney Health Care Advisory Committee (committee).
The committee has provided advice to the Texas Board of Health (board) and
the department in the area of end-stage renal disease (ESRD) and on current
state-of-the-art treatment modalities, medication therapies, and prioritization
of the needs of ESRD patients in Texas. The committee is established under
the Health and Safety Code, §11.016, which allows the board to establish
advisory committees and Health and Safety Code, §85.066, which allows
the board to appoint an advisory committee to assist in the development of
procedures and guidelines required by the Kidney Health Care Program. The
committee is governed by the Government Code, Chapter 2110, concerning state
agency advisory committees.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). The department
has reviewed §61.12 and has determined that reasons for adopting the
section continue to exist; however, changes were necessary as described in
this preamble.
The department published a Notice of Intention to Review §61.12 in
the
Texas Register
on January 7, 2000 (25
TexReg 218). No comments were received due to publication of this notice.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1997, the board established a rule relating to the Kidney Health Care
Advisory Committee. The rule states that the committee will automatically
be abolished on March 1, 2003. The board has now reviewed and evaluated the
committee and has determined that the committee should continue in existence
until March 1, 2008.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to: continue the committee until March 1,
2008; include additional requirements regarding statements by members; and
clarify the components that the committee must include in an annual report
to the board.
Jacquelyn McDonald, Director of the Office of the Board of Health, has
determined that for each year of the first five years the section is in effect,
there will be no fiscal implications for state and local government as a result
of amending the section as proposed.
Ms. McDonald 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 amending
the section will be to provide a continuance of the committee and continued
advice to the department on this important issue. There will be no costs to
small business or micro-business resulting from compliance with this section,
as this section addresses only continuance of the committee and terms of office.
There are no anticipated economic costs to persons who are required to comply
with the section proposed. There is no anticipated impact on local employment.
Comments may be submitted to Jacquelyn McDonald, Director, Office of the
Board of Health, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756, (512) 458-7484. Comments on the proposed section will be accepted
for 30 days following publication in the
Texas Register
.
The amendment is proposed under Health and Safety Code, §12.001
which provides the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and the commissioner; §85.066
which allows the board to appoint the committee; and Government Code, §2110.005
which requires the department to adopt rules stating the purpose and tasks
of its advisory committees.
The amendment affects the Health and Safety Code, Chapters 11 and 85, and
the Government Code, Chapter 2110, and implements Government Code, §2001.039.
§61.12.Kidney Health Care Advisory Committee.
(a)- (d)
(No change.)
(e)
Committee abolished. By March 1,
2008
[
(f)
Composition. The committee shall be composed of nine members
appointed by the board. The composition of the committee shall include three
consumer representatives and six nonconsumer representatives.
[
(1)
[
(2)
[
[(2)
Since the composition of the committee
as it existed on December 31, 1998, is changed under this section, existing
members shall continue to serve until the board appoints members under the
new composition.]
(g)
(No change.)
(h)
Officers. The
committee
[
(1)
Each officer shall serve until February 27th of each odd-numbered
year. Each officer may holdover until his or her replacement is
elected
[
(2)
(No change.)
(3)
The assistant presiding officer shall perform the duties
of the presiding officer in case of the absence or disability of the presiding
officer. In case the office of presiding officer becomes vacant, the assistant
presiding officer will [
(4)
If the office of assistant presiding officer becomes vacant,
it may be filled [
(5) - (6)
(No change.)
[(7)
The presiding officer and assistant presiding
officer serving on January 1, 1999, will continue to serve until the chairman
of the board appoints their successors.]
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1) - (4)
(No change.)
(5)
A [
(6) - (7)
(No change.)
(j) - (m)
(No change.)
(n)
Statement by members.
(1) - (2)
(No change.)
(3)
A committee member should not accept or
solicit any benefit that might reasonably tend to influence the member in
the discharge of the member's official duties.
(4)
A committee member should not disclose
confidential information acquired through his or her committee membership.
(5)
A committee member should not knowingly
solicit, accept, or agree to accept any benefit for having exercised the member's
official powers or duties in favor of another person.
(6)
A committee member who has a personal
or private interest in a matter pending before the committee shall publicly
disclose the fact in a committee meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest" means the committee
member has a direct pecuniary interest in the matter but does not include
the committee member's engagement in a profession, trade, or occupation when
the member's interest is the same as all others similarly engaged in the profession,
trade, or occupation.
(o)
Reports to board. The committee shall file an annual written
report with the board.
(1)
(No change.)
(2)
The report shall identify the costs related to the committee's
existence, including the cost of agency staff time spent in support of the
committee's activities
and the source of funds used to support the committee's
activities
.
(3)
(No change.)
(p)
(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 October 18, 2002.
TRD-200206846
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
Subchapter C. TEXAS HIV MEDICATION PROGRAM
1.
GENERAL PROVISIONS
25 TAC §98.107, §98.114
The Texas Department of Health (department) proposes amendments
to §§98.107 and 98.114 concerning client financial eligibility criteria
for the Texas HIV Medication Program. Specifically, the proposed amendments
are necessary to conform to budget constraints and to ensure the department
is able to continue delivering program services to individuals infected with
the human immunodeficiency virus (HIV).
The proposed amendments to §98.107 changes the formula for financial
eligibility from 200 percent to 140 percent of the federal poverty income
guidelines, eliminates the requirement to adjust the client's annual gross
income, and establishes the program's priority to serve eligible pregnant
women and eligible individuals younger than 18 years of age.
The proposed amendments to §98.114 require that currently enrolled
clients submit a new application within six months of the effective date of
this rule. The department will determine continued eligibility in the program
based upon the client's new application.
I. Celine Hanson, M.D., Chief, Bureau of HIV and STD Prevention, has determined
that for each year of the first five-years the sections are in effect, there
will be no fiscal implication to state or local government as a result of
enforcing or administering the sections as proposed.
I. Celine Hanson, M.D., Chief, Bureau of HIV and STD Prevention, has determined
that for each year of the first five years the sections are in effect, the
public benefits anticipated as a result of enforcing or administering the
amendments will maintain the delivery of the program to eligible persons with
HIV disease. There will be no effect on micro businesses or small businesses.
There are no anticipated economic costs to persons who are required to comply
with the sections as proposed. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to I. Celine Hanson, M.D., Chief,
Bureau of HIV and STD Prevention, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756-3199, (512) 490-2505. Comments will be accepted
for 30 days following publication of this proposal in the
Texas Register
.
The amendments are proposed under the Health and Safety Code, §85.063,
which provides the board authority to adopt rules necessary to establish eligibility
guidelines to ensure the most appropriate distribution of funds; and §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for the performance of each duty imposed by law on the board, the department,
and the commissioner of health.
The amendments affect the Health and Safety Code, Chapters 12 and 85.
§98.107.Criteria for Financial Eligibility.
(a)
A person is financially eligible for the program if he
or she:
(1) - (3)
(No change.)
(4)
based on available funding
has an [
(b)
Annual
[
(1)
An applicant's annual gross income (if single), or the
combined annual gross income of the applicant and his or her spouse [
(2)
For a minor, the child's annual gross income
plus
the annual gross income of the parent(s)
[
(3)
For an emancipated minor, the
applicant's annual gross income (if single), or the combined annual gross
income of the applicant and his or her spouse.
(c)
(No change.)
(d)
The department shall give priority
to eligible individuals younger than 18 years of age and eligible pregnant
women.
§98.114.Denial of Application or Termination of Client Benefits.
(a)
Individuals applying for services or clients already receiving
services will have their application denied or services terminated for any
of the following reasons.
(1)
Services will be denied or terminated if:
(A)
(No change.)
(B)
the [
(C) - (D)
(No change.)
(2)
(No change.)
(b)
(No change.)
(c)
Clients currently enrolled
in the program will be required to submit a new application within six months
after this rule is effective and will be subject to the eligibility requirements
defined by §98.107 of this title.
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 October 21, 2002.
TRD-200206881
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
25 TAC §98.121
The Texas Department of Health (department) proposes an amendment
to §98.121, concerning the Texas HIV Medication Advisory Committee (committee).
The committee has provided advice to the Texas Board of Health (board) and
the department on strategies in the development of procedures and guidelines
for the HIV Medication Program. The committee was established under the Health
and Safety Code, §11.016, which allows the board to establish advisory
committees and Health and Safety Code, §85.066, which allows the board
to appoint an advisory committee to assist in the development of procedures
and guidelines required by the HIV Medication Program. The committee is governed
by the Government Code, Chapter 2110, concerning state agency advisory committees.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). The department
has reviewed §98.121 and has determined that reasons for adopting the
section continue to exist; however, changes were necessary as described in
this preamble.
The department published a Notice of Intention to Review §98.121 in
the
Texas Register
on April 28, 2000 (25 TexReg
3801). No comments were received due to publication of this notice.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1994, the board established a rule relating to the Texas HIV Medication
Advisory Committee. The rule states that the committee will automatically
be abolished on March 1, 2003. The board has now reviewed and evaluated the
committee and has determined that the committee should continue in existence
until March 1, 2008.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to: continue the committee until March 1,
2008; define committee tasks; include additional requirements regarding statements
by members; and clarify the components that the committee must include in
an annual report to the board.
Jacquelyn McDonald, Director of the Office of the Board of Health, has
determined that for each year of the first five years the section is in effect,
there will be no fiscal implications for state and local government as a result
of amending the section as proposed.
Ms. McDonald 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 amending
the section will be to provide a continuance of the committee and continued
advice to the department on this important issue. There will be no costs to
small business or micro-business resulting from compliance with this section,
as this section addresses only continuance of the committee and terms of office.
There are no anticipated economic costs to persons who are required to comply
with the section as proposed. There is no anticipated impact on local employment.
Comments may be submitted to Jacquelyn McDonald, Director, Office of the
Board of Health, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756, (512) 458-7484. Comments on the proposed section will be accepted
for 30 days following publication in the
Texas Register
.
The amendment is proposed under Health and Safety Code, §12.001
which provides the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and the commissioner; §85.066
which allows the board to appoint the committee; and Government Code, §2110.005
which requires the department to adopt rules stating the purpose and tasks
of its advisory committees.
The amendment affects the Health and Safety Code, Chapters 11 and 85, and
the Government Code, Chapter 2110, and implements Government Code, §2001.039.
§98.121.Texas HIV Medication Advisory Committee.
(a) - (c)
(No change.)
(d)
Tasks. The committee shall:
[(1)
evaluate the existing program and unmet
needs;]
(1)
[
(2)
[
(3)
[
[(5)
develop criteria and standards for the
program; and]
(4)
[
(e)
Committee abolished. By March 1,
2008
[
(f)
Composition.
[
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
[(2)
Since the composition of the committee
as it existed on December 31, 1998, is changed under this section, existing
members shall continue to serve until the board appoints members under the
new composition.]
(g)
(No change.)
(h)
Officers. The
committee
[
(1)
Each officer shall serve until February 27th of each odd-numbered
year. Each officer may holdover until his or her replacement is
elected
[
(2)
(No change.)
(3)
The assistant presiding officer shall perform the duties
of the presiding officer in case of the absence or disability of the presiding
officer. In case the office of presiding officer becomes vacant, the assistant
presiding officer will [
(4)
If the office of assistant presiding officer becomes vacant,
it may be filled [
(5) - (6)
(No change.)
[(7)
The presiding officer and assistant presiding
officer serving on January 1, 1999, will continue to serve until the chairman
of the board appoints their successors.]
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1) - (4)
(No change.)
(5)
A [
(6) - (7)
(No change.)
(j) - (m)
(No change.)
(n)
Statements by members.
(1) - (2)
(No change.)
(3)
A committee member should not accept or
solicit any benefit that might reasonably tend to influence the member in
the discharge of the member's official duties.
(4)
A committee member should not disclose
confidential information acquired through his or her committee membership.
(5)
A committee member should not knowingly
solicit, accept, or agree to accept any benefit for having exercised the member's
official powers or duties in favor of another person.
(6)
A committee member who has a personal
or private interest in a matter pending before the committee shall publicly
disclose the fact in a committee meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest" means the committee
member has a direct pecuniary interest in the matter but does not include
the committee member's engagement in a profession, trade, or occupation when
the member's interest is the same as all others similarly engaged in the profession,
trade, or occupation.
(o)
Reports to board. The committee shall file an annual written
report with the board.
(1)
(No change.)
(2)
The report shall identify the costs related to the committee's
existence, including the cost of agency staff time spent in support of the
committee's activities
and the source of funds used to support the committee's
activities
.
(3)
(No change.)
(p)
(No change.)
[(q)
Effective date. This section shall become
effective on January 1, 1995.]
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 October 18, 2002.
TRD-200206861
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
25 TAC §102.3
The Texas Department of Health (department) proposes an amendment
to §102.3, concerning the distribution of tobacco settlement proceeds
to political subdivisions.
This rule implements a portion of the Government Code, Chapter 12, Subchapter
J, which designates the department's responsibilities under the Agreement
Regarding Disposition of Tobacco Settlement Proceeds (agreement) filed on
July 24, 1998, in United States District Court, Eastern District of Texas,
in the case styled The State of Texas v. The American Tobacco Co., et al.,
No. 5-96CV-91. The department collects information and certifies amounts of
the tobacco settlement proceeds for annual distribution to political subdivisions.
The term "political subdivision" means a hospital district, another local
political subdivision owning or maintaining a public hospital, or a county
of the State of Texas responsible for providing indigent health care to the
general public. The Health and Safety Code, Chapter 61, defines which entities
are responsible for providing indigent health care to the general public.
The amendment is needed to clarify the definition of unreimbursed expenditures
that may be claimed by a political subdivision that owns a non-hospital district
public hospital, as well as the manner in which the political subdivision
funds are paid to the hospital and the source of the payment. The amendment
is also needed to improve the procedures for submission of the annual expenditure
statement by political subdivisions.
Peggy Belcher, Office of Health Information and Analysis, has determined
that for each year of the first five years the proposed amendment is in effect,
there will be positive fiscal implications to state and local governments
as a result of administering the amended section as proposed. Clarification
of unreimbursed expenditures and the methods and sources of payment between
a political subdivision and a non-hospital district public hospital should
aid in the filing of accurate expenditure statements by these entities. In
addition, by not requiring original signatures on expenditure statements and
identifying only one due date, the proposed amendment should help local governments
in filing annual expenditure statements. Political subdivisions that do not
meet the deadline are ineligible to receive any portion of the distribution
of tobacco settlement proceeds in that year.
Ms. Belcher has also determined that for each year of the first five years
the proposed amendment is in effect, the public benefit anticipated is the
assurance that expenditure statements identifying unreimbursed health care
expenditures are accurately filed by political subdivisions which, in turn,
results in the appropriate amount of funds being distributed for expenditure
by local governments for health care services to the general public. There
will be no effect on small businesses or micro-businesses since such businesses
do not receive tobacco settlement proceeds under this rule, no anticipated
economic costs to persons who are required to comply with the section as proposed,
and no anticipated impact on local employment.
Comments may be submitted to Peggy Belcher, Office of Health Information
and Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas,
78756-3199, (512) 458-7261 (phone), (512) 458-7344 (fax), or peggy.belcher@tdh.state.tx.us.
Comments on the proposed section will be accepted for 30 days following publication
in the
Texas Register
.
The amendment is proposed under Health and Safety Code, Chapter
12, Subchapter J, §§12.138 - 12.139, which requires the department
to adopt rules governing the distribution of tobacco settlement proceeds to
political subdivisions; and Health and Safety Code, §12.001, which provides
the board with authority to adopt rules to implement every duty imposed by
law on the Texas Board of Health, the department, and the commissioner of
health.
The amendment affects the Health and Safety Code, Chapter 12, Subchapter
J.
§102.3.Annual Claims.
(a) - (c)
(No change.)
(d)
Non-hospital district public hospitals. For a non-hospital
district public hospital owned by a political subdivision, the agreement further
states that unreimbursed expenditures are to be calculated as "the total unreimbursed
amount of political subdivision funds paid to such public hospital by any
political subdivision during that year."
(1)
As stated in subsection (a) of this section,
unreimbursed expenditures are defined in the agreement as "those actual expenditures
made by a Political Subdivision which are directly attributable to the provision
of health care services to the general public, either directly or by contract
or agreement with a third party provider, and for which no reimbursement is
made by or expected from any third party source or fund. (Lump Sum Trust Account
or Permanent Trust Account payments shall not count as reimbursement)".
(2)
Under this subsection, a political subdivision
may claim political subdivision funds actually paid to the hospital owned
by the political subdivision or transferred from a general revenue account
of a political subdivision into the hospital's account(s) in order to provide
funds for health care services to the general public.
(3)
A political subdivision may not claim
political subdivision funds paid under paragraph (2) of this subsection when
reimbursement is received by the hospital or political subdivision from any
third party source or fund. Reimbursed funds are not "unreimbursed expenditures"
under this subsection.
(4)
The term "unreimbursed expenditures" does
not include contractual allowances or discounts for health care services under
a third party payor agreement.
(5)
[
(6)
[
(7)
[
(e)
(No change.)
(f)
Procedures.
(1)
A political subdivision must submit a
signed annual expenditure statement to the department, documenting its eligible
expenditures for the preceding calendar year:
(A)
by delivery, fax, or electronic mail received by the department
no later than 5:00 p.m. on March 31 of each year; or
(B)
by U.S. Postal Service mail or commercial mail carrier
with a postmark reflecting a date no later than midnight on March 31 of each
year. Private metered postmarks shall not be acceptable as proof of timely
mailing.
[(1)
A political subdivision must deliver
an annual expenditure statement to the department by or on March 31 of each
year, documenting its eligible expenditures for the preceding calendar year.
A political subdivision may deliver a copy of the statement by fax or electronic
mail by or on March 31; however, the original must be delivered to the department
by or on April 7. An expenditure statement that is delivered by fax or electronic
mail by or on March 31 in lieu of the original statement must be an exact
facsimile of the original.]
(2)
If a statement is not
received by the department in
accordance with the date and methods outlined in paragraph (1) of this subsection
[
(3) - (5)
(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 October 18, 2002.
TRD-200206862
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
The Texas Department of Health (department) proposes the repeal of
existing §§241.1 - 241.7, and adoption of new §§241.1
- 241.9 concerning Texas crabmeat. The proposed rules will incorporate language
concerning licensing, inspection and enforcement consistent with those in
other Bureau of Food and Drug Safety programs; remove the requirements for
written standard sanitation operating procedures; correct grammatical errors;
and clarify the intent of these rules.
New §§241.3 - 241.5 are taken from existing §241.3 concerning
licensing requirements. The one section is now three separate sections. Section
241.3 clarifies the licensing requirements, §241.4 clarifies the inspection
requirements, and §241.5 clarifies the enforcement process, including
the assessment of administrative penalties. These changes are also proposed
to promote conformity among programs within the Bureau of Food and Drug Safety.
Title 21, Code of Federal Regulations (CFR), Part 123 contains the federal
Seafood Hazard Analysis Critical Control Point (HACCP) Regulation as administered
by the Food and Drug Administration (FDA). Proposed new §241.6 conforms
to the federal HACCP Regulation.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 241.1
- 241.7 have been reviewed and the department has determined that reasons
for adopting the sections continue to exist; however, the rules needed revisions
as described in this preamble.
The department published a Notice of Intention to Review §§241.1
- 241.7 in the
Texas Register
(26 TexReg 7582)
on September 28, 2001. The department received no comments on these sections
following publication of the notice.
Kirk Wiles, Director, Seafood Safety Division, has determined that for
each year of the first five- year period these sections are in effect, there
will be no fiscal implications to state or local government as a result of
administering the sections as proposed.
Mr. Wiles has also determined that for each year of the first five years
the sections are in effect, the public benefit will be clarification of the
intent of these rules, the requirements to be in compliance to these rules,
and provide conformity with the federal HACCP regulations. There are no anticipated
economic costs to micro-businesses and/or small businesses and persons who
are required to comply with the sections as proposed because the proposed
changes in these rules are administrative and grammatical in nature; therefore,
no additional expenditures are foreseen. There is no anticipated impact on
local employment.
Comments on the proposal may be submitted to Mr. Kirk Wiles, Director,
Seafood Safety Division, Texas Department of Health, 1100 West 49th Street,
Austin, Texas, 78756, 512/719-0215. Comments will be accepted for 30 days
following publication of this proposal in the
Texas
Register
.
Subchapter A. TEXAS CRAB MEAT
25 TAC §§241.1- 241.7
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Health and Safety
Code, §436.112, which provides the department with the authority to adopt
necessary regulations pursuant to the enforcement of Chapter 436; and §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for the performance of every duty imposed by law on the board, the department,
and the commissioner of health.
The proposed repeals affect the Health and Safety Code, Chapters 436 and
Chapter 12.
§241.1.Definitions.
§241.2.Sources of Crab Meat.
§241.3.Licensing Requirements.
§241.4.General HACCP Requirements.
§241.5.General Sanitation Requirements.
§241.6.Crab Meat Identification.
§241.7.Crab Meat Records.
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 October 18, 2002.
TRD-200206847
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
25 TAC §§241.1 - 241.9
The new sections are proposed under the Health and Safety
Code, §436.112, which provides the department with the authority to adopt
necessary regulations pursuant to the enforcement of Chapter 436; and §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for the performance of every duty imposed by law on the board, the department,
and the commissioner of health.
The proposed new sections affect the Health and Safety Code, Chapters 436
and Chapter 12.
§241.1.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Authorized agent -- An employee of the Texas Department
of Health who is designated by the commissioner of health to enforce the provisions
of these sections.
(2)
Act -- The Texas Health and Safety Code, Chapter 436, Aquatic
Life.
(3)
Commissioner -- The commissioner of health for the State
of Texas.
(4)
Compliance schedule -- A written schedule that provides
a time period to correct critical, key and other deficiencies.
(5)
Container -- The physical material in contact with or immediately
surrounding the crabmeat that confines it into a single unit.
(6)
Cook lot -- All of the crabmeat product cooked in one day
at one location.
(7)
Crabmeat -- The edible meat of steamed or cooked crabs
that has not been processed other than by picking, packing, and chilling.
(8)
Critical Control Point (CCP) -- A point, step or procedure
in a food process at which control can be applied, and as a result a food
safety hazard can be prevented, eliminated or reduced to acceptable levels.
(9)
Critical deficiency -- A condition or practice which:
(A)
results in the production of a product that is adulterated,
decomposed, misbranded or unwholesome; or
(B)
presents a threat to the health or safety of the consumer.
(10)
Critical limit -- The maximum or minimum value to which
a physical, biological, or chemical parameter must be controlled at a critical
control point to prevent, eliminate, or reduce to an acceptable level the
occurrence of the identified food safety hazard.
(11)
Dealer -- A person to whom a license is issued for the
activities of crabmeat picking and packing or crabmeat picking, packing, and
pasteurization.
(12)
Department -- The Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756, or its successor state agency, having the
responsibility for the enforcement of laws concerning the safety of the food
supply including regulating the processing, picking, packing, pasteurization,
and/or shipping of crabmeat.
(13)
Food safety hazard -- Any biological, chemical, or physical
property that may cause a food to be unsafe for human consumption.
(14)
HACCP -- Hazard Analysis Critical Control Point, a systematic,
science-based approach used in food production as a means to assure food safety.
The concept is built upon the seven principles identified by the National
Advisory Committee on Microbiological Criteria for Foods (1992).
(15)
HACCP Plan -- A written document that delineates the formal
procedures that a dealer follows to implement the HACCP requirements set forth
in Title 21, Code of Federal Regulations (CFR), §123.6.
(16)
Key deficiency -- A condition or practice that may result
in adulterated, decomposed, misbranded or unwholesome product.
(17)
Label -- Any written, printed or graphic matter affixed
to or appearing upon any package containing crabmeat.
(18)
License -- A numbered document issued by the department
that authorizes a dealer to process crabmeat for sale.
(19)
License number -- The unique identification number issued
by the department to each dealer for each location. Each license number shall
consist of a one to five-digit Arabic number preceded by the two-letter state
abbreviation and followed by a one or two-letter abbreviation for the type
of activity or activities the dealer is qualified to perform in accordance
with the following terms:
(A)
crabmeat picking and packing (C); or
(B)
crabmeat picking, packing, and pasteurization (CP).
(20)
Licensed location -- A plant or place of business that
has been inspected by the Seafood Safety Division of the department and for
which a crabmeat processing license has been issued.
(21)
Other deficiency -- A condition or practice that is not
defined as critical or key, but is of a public health significance and, if
left uncorrected, could result in a key or critical violation.
(22)
Packing -- The placing of crabmeat into containers for
off-premise consumption.
(23)
Pasteurization plant -- A place where crabmeat is heat-treated,
without complete sterilization, to improve keeping qualities of the meat.
(24)
Pasteurized crabmeat -- The meat of crabs cooked, picked,
and packed for off-premise consumption which has been heat treated, without
complete sterilization, to improve keeping qualities of the meat.
(25)
Person -- Any individual, receiver, trustee, guardian,
personal representative, fiduciary, or representative of any kind, government,
or governmental subdivision or agency, partnership, association, corporation
or other legal entity.
(26)
Pick(ing) -- The removal of crabmeat from the crab shell.
(27)
Picking plant -- A place where crabs are cooked and edible
meat is picked therefrom.
(28)
Principal display panel -- The part of a label that is
most likely to be displayed, presented, shown, or examined under customary
conditions of retail sale.
(29)
Sanitation control record -- Records that document the
monitoring of sanitation practices and conditions.
(30)
Sewer -- An artificial, usually subterranean, conduit
to carry off sewage and/or surface water.
(31)
SSD -- The Seafood Safety Division of the Texas Department
of Health, to which responsibility for regulating the processing, picking,
packing, pasteurization, and/or shipping of crabmeat is delegated.
§241.2.Sources of Crabmeat.
(a)
No crabmeat may be offered for sale for food in the State
of Texas unless the crabmeat has been processed and packaged in compliance
with §§241.1 - 241.9 of this title (relating to Texas Crabmeat).
If obtained from sources outside of the state, the crabmeat shall originate
from a source acceptable to the department. These sources must be licensed
and inspected by the appropriate state or other government authority.
(b)
For sources outside the United States to be approved, documentation
must be provided by a foreign governmental authority(s) that verifies the
licensing and inspection and states that the processes involved comply with §§241.1
- 241.9 of this title, including the HACCP requirements described in §241.6
of this title (relating to General HACCP Requirements).
(c)
Crabmeat from sources other than those outlined in this
section shall not be sold, offered for sale, or held for sale in the State
of Texas.
§241.3.Licensing Requirements.
(a)
No person shall engage in any activity requiring a license
under §§241.1 - 241.9 of this title (relating to Texas Crabmeat)
without having applied for and obtained an annual numbered license pertaining
to the particular activity from the commissioner. No license will be issued
without a HACCP plan, in accordance with §241.6 of this title (relating
to General HACCP Requirements), that is acceptable to the SSD.
(b)
Dealer Licensing.
(1)
Picker-Packer. Any person who cooks crabs and picks and
packs the crabmeat shall be licensed as a picker-packer.
(2)
Pasteurizer. Any person who cooks crabs, picks, packs,
and pasteurizes the crabmeat, or pasteurizes crabmeat picked and packed in
another location shall be licensed as a pasteurizer.
(c)
Time Period for Processing and Issuing a License.
(1)
The date a license application is received is the date
the original application reaches the department.
(2)
The period for processing an application begins on the
date the SSD receives a compliance memo from an authorized agent of the state,
which states the facility is in compliance with all applicable rules, including
the HACCP requirements described in §241.6 of this title.
(3)
An application for a license is complete when:
(A)
the SSD has received, reviewed, and found acceptable the
application information required by §§241.1 - 241.9 of this title.
(B)
the SSD receives a compliance memo from an authorized agent
of the state, which states the facility is in compliance with all applicable
rules, including the HACCP requirements described in §241.6 of this title.
(4)
A license is valid from March 1 through the last day of
February each year, or part thereof.
(d)
Prior to beginning construction of a new crabmeat plant
or major remodeling of an existing crabmeat plant (which includes, but is
not limited to: any process new to that particular plant; any change of product
flow; or any enlarging of the plant structure), complete, legible plans showing
the floor plan of the building with dimensions drawn to scale, location of
equipment, doors, floor drains, etc., and written, complete operational procedures
for all phases of the activity, including flow of the product, shall be submitted
to SSD for review and written approval. Additional plans of the entire premises
may be required showing all structures, as well as all water wells and septic
systems, with related distances and a statement of specifications as to type,
sizes, design, date installed, etc. Plans shall be submitted to the SSD no
less than 30 days prior to initiating a new process or beginning construction.
No operations shall be conducted while any construction or related activity,
that has the potential to contaminate the product, is occurring inside the
plant.
(e)
A legibly written or typed application on forms provided
by the department must be filed with the SSD each year.
(f)
If the applicant proposes to use a date other than an open
date, the application for a license must be accompanied by a written statement
of the procedure the applicant will use to determine the date to be included
on the label for crabmeat packed or pasteurized and shipped from the location
listed in the application.
(g)
A license and unique number shall be issued by the commissioner
only after an inspection of the plant by an authorized agent has revealed
that the plant and practices are in compliance with these sections. A license
and unique number shall be issued to a dealer for each location at which crabmeat
operations are to be conducted and a license is required.
(h)
The inspection of a previously licensed plant which has
exhibited operational problems, violations of operational requirements of
these sections, or has had a license revoked shall not be conducted until
written, complete operational procedures for all phases of the activity, including
flow of the product, are submitted to the SSD for review and approval. An
application may be refused and a license denied based on a history of failure
to comply with the requirements of these sections in accordance with §241.5
of this title (relating to Enforcement).
(i)
Crabmeat operations by the dealer shall not begin until
the commissioner has issued the crabmeat processing license for that location.
Each license shall expire automatically at 11:59 p.m. the last day of February
following the date of issue. Licenses shall not be transferable.
§241.4.Inspections.
(a)
After a license is issued, unannounced inspections may
be conducted at any time the SSD has reasonable belief that the business may
be in operation or that crabmeat may be stored on the premises. Inspections
may be made at such frequency as may be necessary to assure that adequate
operational and sanitary conditions are maintained, and the license holder
is in compliance with these rules.
(b)
All crabmeat at a licensed location shall be the responsibility
of the dealer at that location for the purposes of these sections.
(c)
A copy of the completed inspection form listing written
descriptions of the violations observed, along with any necessary explanation,
shall be provided by an authorized agent of the department to the most responsible
individual present at the firm at the conclusion of the inspection. If a responsible
individual is not present, the form will be mailed.
(d)
Any violations of the same rule or regulation found on
any two consecutive inspections may result in license suspension in accordance
with §241.5(a) of this title (relating to Enforcement).
(1)
When an inspection detects a critical deficiency, the violation
shall be immediately corrected during that inspection or the plant must immediately
cease production affected by the violation. If production affected by the
violation does not voluntarily cease, all crabmeat handled or processed while
the violation exists or existed shall be detained. Further enforcement action
may be taken as authorized under this chapter.
(2)
When an inspection detects four or more key deficiencies,
the dealer shall establish a correction schedule acceptable to the SSD. The
follow-up inspection shall determine if the violations have been corrected
or are being corrected in accordance with the scheduled correction dates noted
on the previous inspection report.
(3)
When a routine inspection detects other deficiencies or
three or fewer key deficiencies, the deficiencies shall be corrected prior
to the next routine inspection.
§241.5.Enforcement.
(a)
The department may refuse to license, suspend or revoke
a license if the applicant or licensee:
(1)
fails to comply with any provision of the statute;
(2)
fails to comply with any provision of this chapter;
(3)
commits fraud, misrepresentation, or concealment of a material
fact on any documents required to be submitted to the department or required
to be maintained by the facility pursuant to this chapter;
(4)
aids, abets, or permits the commission of an illegal act;
(5)
fails to comply with an order of the commissioner of health
or another enforcement procedure under the statute;
(6)
the license holder or representative refuses to allow an
inspection or otherwise interferes with the authorized department agent in
the performance of his or her duties;
(7)
fails to have a HACCP plan, has a HACCP plan unacceptable
to the SSD, or fails to comply with a HACCP plan that is acceptable to the
SSD;
(8)
fails to provide the required application;
(9)
has any critical violations identified during the license
inspection; or
(10)
has more than two key deficiencies and three other deficiencies
identified during the license inspection.
(b)
If the department proposes to refuse to license, proposes
to suspend, or proposes to revoke a license, the department shall notify the
applicant or license holder of the reasons for the proposed action and offer
the person an opportunity for a hearing. Notice may be sent by certified mail
or first class mail.
(1)
If the facility chooses to request a hearing, it shall
do so within 20 calendar days of receipt of the notice. Receipt of the notice
is presumed to occur on the fifth calendar day after the notice is mailed
to the last address known to the department unless another receipt date is
reflected on a United States Postal Service return receipt.
(2)
The request for a hearing shall be in writing and submitted
to the Director, SSD, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756-3199.
(3)
A hearing shall be conducted pursuant to the Administrative
Procedure Act, Texas Government Code, Chapter 2001, and the department's formal
hearing procedures in Chapter 1 of this title (relating to Texas Board of
Health).
(4)
If the facility does not request a hearing in writing within
20 calendar days of receipt of the notice, the facility is deemed to have
waived the opportunity for a hearing and the proposed action shall be taken.
(5)
If the person fails to appear or be represented at the
scheduled hearing, the person has waived the right to a hearing and the proposed
action shall be taken.
(c)
If the department suspends a license, the suspension shall
remain in effect until the department determines that the reason for suspension
no longer exists. An authorized representative of the department shall investigate
prior to making a determination. During the time of suspension, the suspended
license holder shall return the license to the department and shall not process
crabmeat.
(d)
If the department revokes a license, a person may reapply
for a license 180 days after the date of signing of the final order of revocation.
The department may refuse to issue a license if the reason for revocation
or non-renewal continues to exist, or the applicant does not meet the requirements
for a license.
(e)
Upon revocation a license holder shall return the license
to the department. A dealer whose license has been revoked may not be issued
a new license for 180 days or before the next licensing period, whichever
is longer, after the date of signing of the final order of revocation.
(f)
Pursuant to Health and Safety Code, §§436.034
- 436.037, the department may assess an administrative penalty against a person
who violates §436.011 of the statute or an order issued under this chapter.
(1)
The penalty may not exceed $25,000 for each violation.
Each day of a continuing violation constitutes a separate violation.
(2)
In determining the amount of an administrative penalty
assessed under this section, the department shall consider:
(A)
the seriousness of the violation;
(B)
the person's previous violations;
(C)
the hazard to the health and safety of the public;
(D)
the person's demonstrated good faith; and
(E)
any other matters that justice may require.
(3)
All proceedings for the assessment of an administrative
penalty are subject to the Administrative Procedure Act, Government Code,
Chapter 2001.
(4)
If, after investigation of an alleged violation and the
facts surrounding that alleged violation, the department determines that a
violation has occurred, the department shall give written notice of the violation
to the person alleged to have committed the violation. The notice shall include:
(A)
a brief summary of the alleged violation including the
statute and/or rules violated;
(B)
a statement of the amount of the proposed penalty, based
on the factors listed in paragraph (2) of this subsection; and
(C)
a statement of the person's right to a hearing on the occurrence
of the violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(5)
The seriousness of violations for which administrative
penalties are assessed may be categorized by one of the following severity
levels.
(A)
Severity Level I covers violations that are most significant
and may have a significant negative impact on public health and safety.
(B)
Severity Level II covers violations that are very significant
and may have a negative impact on the public health and safety.
(C)
Severity Level III covers violations that are significant,
and if not corrected, could threaten public health and safety.
(D)
Severity Level IV covers violations that are of more than
minor public health and safety significance, but if left uncorrected could
lead to more serious circumstances.
(E)
Severity Level V covers violations that are of minor public
health and safety significance.
(6)
Not later than the 20th calendar day after the date the
notice is received, the person notified may accept the determination of the
department made under this section, including the recommended penalty, or
make a written request for a hearing on that determination.
(7)
If the person notified of the violation accepts the determination
of the department, or fails to request a hearing, the department shall issue
an order approving the determination that a violation occurred and ordering
that person to pay the recommended penalty.
(8)
If a hearing is requested, the department shall refer the
matter to the State Office of Administrative Hearings for a hearing.
(9)
The provisions of §§436.035 and 436.036 of the
Act shall be followed in assessing and paying an administrative penalty.
§241.6.General HACCP Requirements.
(a)
The department hereby adopts by reference Title 21, Code
of Federal Regulations (CFR), §123.6 (Hazard Analysis and Hazard Analysis
Critical Point (HACCP Plan), as amended. If the requirements of this chapter
are more stringent than the requirements of other adopted requirements, then
this chapter's requirements prevail and must be complied with.
(b)
Those dealers required to be licensed under this subchapter
shall comply with all the requirements of this section, the Texas Aquatic
Life Act, Health and Safety Code, Chapter 436, and the requirements of Title
21, CFR, §123.6, as amended.
(c)
Every dealer shall conduct a hazard analysis to determine
the food safety hazards that are reasonably likely to occur for each kind
of crabmeat product processed by that dealer and to identify the preventive
measures that the dealer can apply to control those hazards. Such food safety
hazards can be introduced both within and outside the processing plant environment
and can occur before, during, and after harvest. A food safety hazard that
is reasonably likely to occur is one for which a prudent dealer would establish
controls because experience, illness data, scientific reports, or other information
provide a basis to conclude that there is a reasonable possibility that the
hazard will occur in the particular type of crabmeat product being processed
in the absence of those controls.
(d)
Every dealer shall have, implement, and comply with a written
HACCP plan that is acceptable to the SSD. A copy of the plan shall be provided
to the SSD upon request. A HACCP plan shall be specific to:
(1)
each location where crabmeat products are processed by
that dealer; and
(2)
each kind of crabmeat product processed by the dealer.
The plan may group kinds of crabmeat products together, or group kinds of
production methods together if the food safety hazards, critical control points,
critical limits, and procedures required to be identified and performed in
this section are identical for all crabmeat products so grouped or for all
production methods so grouped.
(e)
The HACCP plan shall, at a minimum:
(1)
list the food safety hazards that are reasonably likely
to occur, as identified in accordance with subsection (c) of this section
and that must be controlled for each crabmeat product. Consideration should
be given to whether any food safety hazards are reasonably likely to occur
as a result of the following:
(A)
natural toxins;
(B)
microbiological contamination;
(C)
chemical contamination;
(D)
pesticides;
(E)
drug residues;
(F)
unapproved use of direct or indirect food or color additives;
and
(G)
physical hazards;
(2)
list the critical control points for each of the identified
food safety hazards, including as appropriate:
(A)
critical control points designed to control food safety
hazards introduced outside the processing plant environment, including food
safety hazards that occur before, during, and after harvest; and
(B)
critical control points designed to control food safety
hazards that could be introduced in the processing plant environment;
(3)
list the critical limits that must be met at each of the
critical control points;
(4)
list the procedures, and frequency thereof, that will be
used to monitor each of the critical control points to ensure compliance with
the critical limits;
(5)
include any written corrective action plans that have been
developed in accordance with this section to be followed in response to deviations
from critical limits at critical control points;
(6)
list the verification procedures, and frequency thereof,
that the dealer will use in accordance with this section; and
(7)
provide for a record keeping system that documents the
monitoring of critical control points. The records shall contain the actual
values and observations obtained during monitoring.
(f)
The HACCP plan shall be signed and dated by the most responsible
individual on site at the processing facility or by a higher level official
of the dealer:
(1)
upon initial acceptance;
(2)
upon any modification; and
(3)
upon verification of the plan in accordance with subsection
(i)(1)(A) of this section.
(g)
Sanitation controls may be included in the HACCP plan,
however they must be monitored in accordance with §241.7 of this title
(relating to General Sanitation Requirements).
(h)
Corrective actions.
(1)
Whenever a deviation from a critical limit occurs, a dealer
shall take corrective action either by:
(A)
following a corrective action plan that is appropriate
for the particular deviation; or
(B)
following the procedures in paragraph (2) of this subsection.
(2)
Dealers may develop written corrective action plans, which
become part of their HACCP plans in accordance with subsection (e)(5) of this
section, by which they predetermine the corrective actions that they will
take whenever there is a deviation from a critical limit. A corrective action
plan that is appropriate for a particular deviation is one that describes
the steps to be taken and assigns responsibility for taking those steps to
ensure that:
(A)
no product enters commerce that is either injurious to
health or is otherwise adulterated as a result of the deviation; and
(B)
the cause of the deviation is corrected.
(3)
When a deviation from a critical limit occurs and the dealer
does not have a corrective action plan that is appropriate for that deviation,
the dealer shall:
(A)
segregate and hold the affected product, at least until
the requirements of subparagraphs (B) and (C) of this paragraph are met;
(B)
perform or obtain a review to determine the acceptability
of the affected product for distribution. The review shall be performed by
an individual or individuals who have adequate training or experience to perform
such a review;
(C)
take corrective action, when necessary, with respect to
the affected product to ensure that no product enters commerce that is either
injurious to health or is otherwise adulterated as a result of the deviation;
(D)
take corrective action, when necessary, to correct the
cause of the deviation; and
(E)
perform or obtain timely reassessment by an individual
or individuals who have been trained in accordance with this section to determine
whether the HACCP plan needs to be modified to reduce the risk of recurrence
of the deviation, and modify the HACCP plan as necessary.
(4)
All corrective actions taken in accordance with this section
shall be fully documented in records that are subject to verification in accordance
with subsection (i) of this section and the record keeping requirements of
subsection (j) of this section.
(i)
Verification.
(1)
Every dealer shall verify that the HACCP plan is adequate
to control food safety hazards that are reasonably likely to occur and that
the plan is being effectively implemented. Verification shall include, at
a minimum:
(A)
a reassessment of the adequacy of the HACCP plan at least
annually or whenever any changes occur that could affect the hazard analysis
or alter the HACCP plan in any way. The reassessment shall be performed by
an individual or individuals who have been trained in accordance with subsection
(k) of this section. The HACCP plan shall be modified immediately whenever
a reassessment reveals that the plan is no longer adequate to fully meet the
requirements of subsection (e) of this section. These changes may include:
(i)
raw materials or source of raw materials;
(ii)
product formulation;
(iii)
processing methods or systems;
(iv)
finished product distribution systems; or
(v)
the intended use or consumers of the finished product;
(B)
ongoing verification activities including:
(i)
a review of any consumer complaints that have been received
by the dealer to determine whether they relate to the performance of critical
control points or reveal the existence of unidentified critical control points;
(ii)
the calibration of process-monitoring instruments; and
(iii)
at the option of the dealer, the performing of periodic
end-product or in-process testing; and
(C)
a review, including signing and dating, by an individual
who has been trained in accordance with subsection (k) of this section, of
the records that document:
(i)
the monitoring of critical control points. The purpose
of this review shall be, at a minimum, to ensure that the records are complete
and to verify that they document values that are within the critical limits.
This review shall occur within one week of the day that the records are made;
(ii)
the taking of corrective actions. The purpose of this
review shall be, at a minimum, to ensure that the records are complete and
to verify that appropriate corrective actions were taken in accordance with
subsection (h) of this section. This review shall occur within one week of
the day that the records are made; and
(iii)
the calibrating of any process monitoring instruments
used at critical control points and the performing of any periodic end-product
or in-process testing that is part of the dealer's verification activities.
The purpose of these reviews shall be, at a minimum, to ensure that the records
are complete and that these activities occurred in accordance with the dealer's
written procedures as specified in the HACCP plan. These reviews shall occur
within a reasonable time period after the records are made.
(2)
Dealers shall immediately follow the procedures in subsection
(h) of this section whenever any verification procedure, including the review
of a consumer complaint, reveals the need to take a corrective action.
(3)
The calibration of process-monitoring instruments and the
performing of any periodic end-product and in-process testing, in accordance
with paragraph (1)(B)(ii) and (iii) of this subsection shall be documented
in records that are subject to the record keeping requirements of subsection
(j) of this section.
(j)
Records.
(1)
All records required shall include:
(A)
the name and location of the dealer;
(B)
the date and time of the activity that the record reflects;
(C)
the signature or initials of the person performing the
operation; and
(D)
where appropriate, the identity of the product and the
production code, if any. Processing and other information shall be entered
on records at the time that it is observed.
(2)
All records required shall be retained at the processing
facility for at least one year after the date they were prepared in the case
of refrigerated products and for at least two years after the date they were
prepared in the case of frozen products.
(3)
Records that relate to the general adequacy of equipment
or processes being used by a dealer, including the results of scientific studies
and evaluations, shall be retained at the processing facility for at least
two years from the date that product is first produced using the applicable
equipment or processes.
(4)
If the processing facility is closed for a prolonged period
between seasonal operations or if record storage capacity is limited on a
processing vessel or at a remote processing site, the records may be transferred
to some other reasonably accessible location at the end of the seasonal operations,
but shall be immediately producible for official review upon request by the
department.
(5)
All records required by subsection (j) of this section
and HACCP plans required by subsections (d) and (e) of this section shall
be available for official review and copying upon request by the department.
(6)
The maintenance of records on computers is acceptable,
provided that appropriate controls are implemented to ensure the integrity
of the electronic data and electronic signatures.
(k)
Training.
(1)
At a minimum, the following functions shall be performed
by an individual who has successfully completed training in the application
of HACCP principles to crabmeat processing at least equivalent to that received
under standardized curriculum recognized as adequate by the Food and Drug
Administration (FDA) or who is otherwise qualified through job experience
to perform these functions:
(A)
developing a HACCP plan, which could include adopting a
model or generic-type HACCP plan that is appropriate for a specific processor,
in order to meet the requirements of subsection (e) of this section;
(B)
reassessing and modifying the HACCP plan in accordance
with the corrective action procedures specified in subsection (h)(3)(E) of
this section, and the HACCP plan in accordance with the verification activities
specified in subsection (i)(1)(B) of this section; and
(C)
performing the record review required by subsection (i)(1)(C)
of this section.
(2)
Job experience will qualify an individual to perform these
functions if it has provided knowledge at least equivalent to that provided
through the standardized curriculum as determined by the SSD.
(3)
The trained individual need not be an employee of the dealer.
§241.7.General Sanitation Requirements.
(a)
Each dealer shall monitor conditions and practices that
are both appropriate to the plant and the food being processed with sufficient
frequency to ensure, at a minimum, conformance with the requirements specified
in §§229.211 - 229.219 of this title (relating to Current Good Manufacturing
Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding
Human Food). The requirements specified in §§229.211 - 229.219 of
this title relate to the following sanitation items:
(1)
safety of water for processing and ice production;
(2)
condition and cleanliness of food contact surfaces;
(3)
prevention of cross contamination;
(4)
maintenance of hand washing, hand sanitizing and toilet
facilities;
(5)
protection from adulterants;
(6)
proper labeling, storage, or use of toxic compounds;
(7)
control of employees with adverse health conditions; and
(8)
exclusion of pests.
(b)
Each dealer shall maintain sanitation control records that,
at a minimum, document the monitoring and corrections prescribed by subsection
(a) of this section. These records are subject to the requirements of §241.6(j)
of this title (relating to General HACCP Requirements).
(c)
Sanitation controls may be included in the HACCP plan,
as required by §241.6(d) of this title. However, to the extent that they
are monitored in accordance with subsection (a) of this section, they need
not be included in the HACCP plan.
§241.8.Crabmeat Identification.
(a)
All containers of fresh or fresh frozen crabmeat shall
have permanently recorded on the principal display panel, so as to be easily
visible, the following information:
(1)
the dealer or distributor's name;
(2)
the dealer's or distributor's address, including at least
the city and state;
(3)
the license number for the licensed location where the
crabmeat was packed or pasteurized; and
(4)
where the name and address of a distributor is used, it
shall be preceded by the words "PACKED FOR" or "DISTRIBUTED BY", or followed
by the word "DISTRIBUTOR."
(b)
The principal display panel on each container of fresh
or fresh frozen crabmeat shall contain a date. The date shall be the date
of packing unless a "SELL BY" date is established and used in accordance with
subsection (c) of this section.
(c)
The date shall be as follows:
(1)
if it is an open date, it shall be the calendar date as
follows: the abbreviation for the month, the numerical day of the month, and
the year;
(2)
if it is a code date, the proposed method must be submitted
in writing to the SSD and approved by the SSD before it is used; and
(3)
if it is a "SELL BY" date, it shall be based on the date
the crabmeat was packed and the proposed method must be submitted in writing
to the SSD and approved by the SSD before it is used.
(d)
The presence of any chemical, if any is allowed, and the
net weight of the contents shall be permanently recorded on the container.
The proper designation of the contents of the container (lump, special, claw,
finger, etc.) is required and shall be recorded either on the container sidewall
or the lid.
(e)
Frozen crabmeat shall be labeled as "FROZEN", "INDIVIDUALLY
QUICK FROZEN", or "IQF", in print of similar prominence adjacent to the words
"CRABMEAT." Containers shall be marked as frozen prior to freezing.
(f)
All required information shall be provided in a legible
and indelible form and shall be either:
(1)
on the sidewall of the container unless the cover becomes
an integral part of the container during a sealing process; or
(2)
sealed into an area where it remains legible and visible
as the principal display panel until all product from the container has been
used or disposed of.
(g)
Adhesive labels shall be durable and waterproof and shall
not be used without prior approval from the SSD. The request for use of adhesive
labels must be submitted in writing to the SSD.
(h)
Use of rubber stamps is not allowed except for dating.
(i)
All labeling is subject to review and approval by the SSD.
(j)
Reusable containers for in-plant use during picking and
packing are exempt from labeling requirements. These containers may be used
only for temporary holding of crabmeat during picking and packing activities.
Crabmeat may not be stored in unlabeled containers.
(k)
The label on pasteurized crabmeat shall meet all of the
requirements established for fresh or fresh frozen crabmeat in this section.
(l)
The label on pasteurized crabmeat shall clearly identify
the contents of the container as pasteurized crabmeat. Where the term "CRABMEAT"
(or its equivalent) appears on the label of pasteurized crabmeat, the word
"PASTEURIZED" shall be used in conjunction with it and in print of similar
prominence.
(m)
Each container of pasteurized crabmeat shall be permanently
and legibly identified with a code indicating the batch and the day of processing.
(n)
The words "PERISHABLE--KEEP UNDER REFRIGERATION" or their
equivalent shall be prominently displayed on the label of pasteurized crabmeat.
(o)
When packing and pasteurization of crabmeat by one dealer
for another is practiced, the label shall clearly state the license number
of the packer/pasteurizer.
(p)
When crabmeat is packed in one licensed crabmeat picking
plant and pasteurized in another licensed crabmeat pasteurization plant, the
label shall clearly state the name and license number of both dealers.
§241.9.Crabmeat Records.
(a)
Complete, accurate, and legible records in a form approved
by the SSD shall be maintained by each dealer. The records shall be sufficient
to document the dates of purchases of live crabs and the dates of purchases
or shipments of crabmeat so that a container of crabmeat can be traced to
the specific cook lot in which it was processed.
(b)
Records covering purchases of live crabs and shipments
of fresh crabmeat, pasteurized crabmeat, or frozen crabmeat shall be retained
for a minimum of two years, or for a period of time that exceeds the shelf
life of the product if that is longer than two years.
(c)
Records shall be made available for inspection, review,
or copying upon request of any authorized agent of the department at any reasonable
time.
(d)
All brand names or trade names used on packages or containers
holding crabmeat shall be registered with the SSD prior to being used.
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 October 18, 2002.
TRD-200206848
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: December 1, 2002
For further information, please call: (512) 458-7236
The Texas Department of Health (department) proposes the repeal of §§241.50
- 241.67, and new §§241.50 - 241.71 concerning molluscan shellfish.
The rules include a change in the definition of the word "repacker"; a change
in the language concerning certification, inspection and enforcement for clarity
and to be consistent with those in other Bureau of Food and Drug Safety programs;
the removal of the requirements for written Standard Sanitation Operating
Procedures; changes to make these rules conform with the National Shellfish
Sanitation Program's Model Ordinance; correction of grammatical errors; and
clarification of the intent of these rules.
Proposed new §241.50 changes the definition of a "repacker." Changing
the definition makes the rules consistent throughout the sections.
New §§241.58 - 241.60 are taken from existing §241.7, which
is proposed for repeal concerning certification requirements. The one section
is now three separate sections. Section 241.58 clarifies the certification
requirements; §241.59 clarifies the inspection requirements; and §241.60
clarifies the enforcement process including the assessment of administrative
penalties. These changes are also proposed to promote conformity among programs
within the Bureau of Food and Drug Safety.
Title 21, Code of Federal Regulations (CFR), Part 123 contains the federal
Seafood Hazard Analysis Critical Control Point (HACCP) Regulation administered
by the Food and Drug Administration (FDA). Proposed changes in §241.62
are necessary to conform to the federal HACCP Regulation.
New §241.67 is a complete rewrite of current §241.64 proposed
for repeal. These changes are necessary to be in conformance with Issue 01-224
at the 2001 Interstate Shellfish Sanitation Conference.
The addition of new §241.68 is necessary for the department to be
in compliance with the National Shellfish Sanitation Program's Model Ordinance.
The State of Texas is required to institute and maintain a
Vibrio vulnificus
Management Plan for oysters.
Government Code, §2001.039 requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 241.50
- 241.67 have been reviewed and the department has determined that reasons
for adopting the sections continue to exist; however, the rules needed revisions
as described in this preamble.
The department published a Notice of Intention to Review §§241.50
- 241.67 in the
Texas Register
(26 TexReg
7582) on September 28, 2001. The department received no comments on these
sections as a result of the publication of the notice.
Kirk Wiles, Director, Seafood Safety Division, has determined that for
each year of the first five- year period these sections are in effect, there
will be no fiscal implications to state or local government as a result of
administering the sections as proposed.
Mr. Wiles has also determined that for each year of the first five years
the sections are in effect, the public benefit will be clarification of the
intent of these rules and the requirements to be in compliance with these
rules, and the implementation of a
Vibrio vulnificus
Management Plan to reduce illness and deaths associated with raw oyster
consumption. There are no anticipated economic costs to micro-businesses and/or
small businesses and persons who are required to comply with the sections
as proposed because the proposed changes in these rules are administrative
and grammatical in nature; therefore, no additional expenditures are foreseen.
There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Mr. Kirk Wiles, Director,
Seafood Safety Division, Texas Department of Health, 1100 West 49th Street,
Austin, Texas, 78756, (512) 719-0215. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
Chapter 37.
MATERNAL AND INFANT HEALTH SERVICES
Chapter 61.
CHRONIC DISEASES
2003
], the board will initiate and complete a review of the committee
to determine whether the committee should be continued, consolidated with
another committee, or abolished. If the committee is not continued or consolidated,
the committee shall be abolished on that date.
(1)
]
The six nonconsumer representatives shall
be as follows:
(A)
] three physicians who are nephrologists
or renal transplant surgeons; and
(B)
] three persons who are renal
social workers, renal nurses, renal dietitians, dialysis technicians, renal
administrators or pharmacists.
chairman of the
board
] shall
select from its members the
[
appoint a
] presiding officer and an assistant presiding officer to begin serving
on March 1 of each odd-numbered year.
appointed by the chairman of the board
].
serve until a successor is appointed to
]
complete the unexpired portion of the term of the office of presiding officer.
temporarily
] by vote of the committee [
until a successor is appointed by the chairman of the board
].
simple majority of the members of the committee
shall constitute a
] quorum for the purpose of transacting official business
is five members
.
Chapter 98.
HIV AND STD PREVENTION
adjusted
] annual gross income that does not exceed
140%
[
200%
] of the most recently published federal poverty income guidelines.
Adjusted annual
] gross income.
, minus the program's cost of the medication(s) that is (are) being prescribed
].
if the child is an emancipated
minor or meets the criteria established in Family Code, Chapter 32, §32.003,
or the (combined) annual gross income of the parent(s), minus the program's
cost of the medication(s) that is (are) being prescribed
]. The
parent(s)
[
spouse or the parent
] must be living in the same
household as the child at the time of application.
adjusted
] annual gross income does not
meet the criteria set in §98.107 of this title (relating to Criteria
for Financial Eligibility);
2.
ADVISORY COMMITTEE
(2)
] review the goals and targets
of the program;
(3)
] evaluate ongoing program efforts;
(4)
]
recommend
[
define
] both short-range and long-range goals and objectives for medication
needs;
and
(6)
] carry out any other tasks given
to the committee by the board.
2003
], the board will initiate and complete a review of the committee
to determine whether the committee should be continued, consolidated with
another committee, or abolished. If the committee is not continued or consolidated,
the committee shall be abolished on that date.
(1)
]
The committee shall be composed of 11 members
appointed as follows:
(A)
] three physicians actively engaged
in the treatment of adults with HIV infection;
(B)
] one pediatrician actively engaged
in the treatment of infants and children with HIV infection;
(C)
] four persons who must be diagnosed
as HIV positive;
(D)
] one member who is an administrator
of a public, nonprofit hospital involved in the delivery of services to persons
with HIV infection;
(E)
] one social worker currently
working with persons with HIV infection; and
(F)
] one pharmacist who participates
in the HIV Medication Program.
chairman of the
board
] shall
select from its members the
[
appoint a
] presiding officer and an assistant presiding officer to begin serving
on March 1 of each odd-numbered year.
appointed by the chairman of the board
].
serve until a successor is appointed to
]
complete the unexpired portion of the term of the office of presiding officer.
temporarily
] by vote of the committee [
until a successor is appointed by the chairman of the board
].
simple majority of the members of the committee
shall constitute a
] quorum for the purpose of transacting official business
is six members
.
Chapter 102.
DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS
(1)
]
The annual distribution
paid to a political subdivision under this subsection
[
A payment
for unreimbursed expenditures of a non-hospital district public hospital
]
shall be made to the political subdivision(s) which owns the hospital, not
to the hospital itself.
(2)
] A county eligible for a pro
rata share of the annual distribution under both subsection (b) and this subsection
shall file an expenditure statement for each. Such a county may receive a
single warrant from the comptroller.
(3)
] If a county or city handles
the financial transactions of its public hospital, rather than the public
hospital handling those transactions directly, the county or city may count
the unreimbursed expenditures it makes on behalf of the public hospital as
funds paid to that hospital.
delivered to the department by March 31
], the political
subdivision shall not receive a pro rata share of the annual distribution.
Chapter 241.
SHELLFISH SANITATION
Subchapter A. TEXAS CRABMEAT
Subchapter B. MOLLUSCAN SHELLFISH