Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 6.
DISASTER ASSISTANCE PROGRAM
The Texas Department of Human Services (DHS) adopts the repeal of §§6.1-6.3,
6.101-6.105, 6.201, and 6.301-6.306; and adopts new §§6.101-6.109,
6.201-6.222, 6.301-6.311, 6.401-6.418, and 6.501-6.511 in its Disaster Assistance
Program chapter. New §6.203 is adopted with changes to the proposed text
published in the January 24, 2003, issue of the
Texas Register
(28 TexReg 645). The repeal of §§6.1-6.3,
6.101-6.105, 6.201, and 6.301-6.306; and new §§6.101-6.109, 6.201,
6.202, 6.204-6.222, 6.301-6.311, 6.401-6.418, and 6.501-6.511 are adopted
without changes to the proposed text.
Justification for the repeals and new sections is to delete obsolete rules
from the rule base and implement provisions of the Disaster Mitigation Act
of 2000, 42 United States Code §§5121-5206. The new sections were
undertaken as part of a DHS project to rewrite agency rules in plain language
format to make them easier for the general public to use and understand.
DHS received no comments regarding adoption of the repeals and new sections.
DHS corrected a publication error on page 649 in the proposed text of §6.203,
which was not structured properly. This correction is included in the adoption.
Subchapter A. GENERAL INFORMATION
40 TAC §§6.1 - 6.3
The repeals are adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeals implement the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 17, 2003.
TRD-200301778
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§6.101 - 6.105
The repeals are adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeals implement the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 17, 2003.
TRD-200301779
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §6.201
The repeal is adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeal implements the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 17, 2003.
TRD-200301780
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§6.301 - 6.306
The repeals are adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeals implement the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 17, 2003.
TRD-200301781
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§6.101 - 6.109
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 17, 2003.
TRD-200301782
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§6.201 - 6.222
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.038.
§6.203.What types of losses are eligible for me to receive an Other Needs Assistance (ONA) grant?
You must have losses in one of the two types of ONA assistance:
(1)
medical, dental, and funeral expenses; or
(2)
personal property, transportation, moving, and other expenses.
Other expenses are:
(A)
tangible items not owned at the time of the disaster;
(B)
services not included in the specified categories for ONA;
(C)
services FEMA and the state determine as eligible unique
disaster-related necessary expenses and serious needs, which include:
(i)
air purifier;
(ii)
chain saw;
(iii)
cord of wood;
(iv)
dehumidifier;
(v)
fuel for heating;
(vi)
sump pump;
(vii)
wet/dry vacuum; or
(viii)
other item as specified in the state administrative
plan;
(D)
moving and storage expenses; and
(E)
purchase of a Group Flood Insurance Policy.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on March 17, 2003.
TRD-200301783
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§6.301 - 6.311
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 17, 2003.
TRD-200301784
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 6, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
Subchapter B. ELIGIBILITY CRITERIA FOR INDIVIDUAL AND FAMILY GRANTS
Subchapter C. PROCESSING INDIVIDUAL AND FAMILY GRANTS
Subchapter D. CASE DECISION, REVIEW, AND CLOSING
Subchapter A. GENERAL INFORMATION
Subchapter B. ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS
Subchapter C. APPLYING FOR AN OTHER NEEDS ASSISTANCE GRANT
Subchapter D. RECONSIDERATION AND APPEALS