TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 41. VENDOR FISCAL INTERMEDIARY PAYMENTS

40 TAC §41.114

The Texas Department of Human Services (DHS) adopts an amendment to §41.114, without changes to the proposed text published in the March 7, 2003, issue of the Texas Register (28 TexReg 2047).

Justification for the amendment is to have the name of the payment option reflect the types of available services and be consistent with the name used in approved applicable Medicaid waivers and Medicaid State Plan amendments. The payment option name was changed to consumer directed services (CDS) to better describe the nature of the service delivery. The amendment also expands the CDS payment option to other services besides attendant services. This expansion was recommended by the voucher payment program work group established in the Government Code, §531.052.

DHS received no comments regarding adoption of the amendment.

The Texas Health and Human Services Commission is adopting related policy in its Chapter 355 in this issue of the Texas Register .

The amendment is adopted under the Human Resources Code, Chapter 22, which authorizes DHS to administer public assistance programs.

The amendment 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 May 28, 2003.

TRD-200303279

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 17, 2003

Proposal publication date: March 7, 2003

For further information, please call: (512) 438-3734


Part 11. TEXAS COMMISSION ON HUMAN RIGHTS

Chapter 327. ADMINISTRATIVE REVIEW

Subchapter A. ADMINISTRATIVE INVESTIGATION AND REVIEW

40 TAC §§327.1, 327.3 - 327.6

The Commissioners of the Texas Commission on Human Rights (TCHR) adopt the amendments of §327.1, concerning Filing a Complaint, §327.3, concerning Subpoena, §327.4, concerning Dismissal of Complaint, §327.5, concerning Reasonable Cause Determination, and §327.6, concerning Conciliation. These amendments are adopted without change to the proposed text as published in the April 11, 2003, issue of the Texas Register (28 TexReg 3041). The text will not be republished.

These amendments are necessary to comport with a legislative mandate requiring the reduction of agency spending of its General Revenue Appropriation. Through a reduction in other operating expenses, specifically postage, the TCHR will be able to reduce its spending without a reduction in services to the citizens of the state of Texas.

These amendments delete certain mailing requirements during the administrative process from personal or certified mail to regular mail.

No comments were received regarding the amendments.

The amendments are adopted under the Texas Labor Code, Chapter 21, §21.003, and Texas Administrative Code, Chapter 321, §321.4 and Chapter 323, §323.5. The Texas Labor Code, §21.003, and the Texas Administrative Code, §321.4 and §323.5, grant the Commission authority to adopt procedural rules to carry out the purposes and policies of Texas Commission on Human Rights Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 28, 2003.

TRD-200303275

Katherine A. Antwi

General Counsel

Texas Commission on Human Rights

Effective date: June 17, 2003

Proposal publication date: April 11, 2003

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


Chapter 340. ADMINISTRATIVE ENFORCEMENT

40 TAC §§340.8, 340.9, 340.15

The Commissioners of the Texas Commission on Human Rights (TCHR) adopt the amendments of §340.8, concerning Service of Notice on Aggrieved Persons, §340.9, concerning Notification of Respondent and Joinder of Additional or Substitute Respondents, and §340.15, concerning Completion of Investigation. These amendments are adopted without change to the proposed text as published in the April 11, 2003, issue of the Texas Register (28 TexReg 3042). The text will not be republished.

These amendments are necessary to comport with a legislative mandate requiring the reduction of agency spending of its General Revenue Appropriation. Through a reduction in other operating expenses, specifically postage, the TCHR will be able to reduce its spending without a reduction in services to the citizens of the state of Texas.

These amendments delete certain mailing requirements during the administrative process from personal or certified mail to regular mail.

No comments were received regarding the amendments.

The amendments are adopted under the Texas Property Code, Chapter 301, §301.062, and 40 Texas Administrative Code Chapter 336, §336.1 and Chapter 335, §335.4. Under the Texas Property Code, §301.062, the Commission may adopt rules as necessary to implement the Texas Fair Housing Act. The Texas Administrative Code Title 40, §335.4 and §336.1, provide that the Commission may adopt rules and regulations to execute the duties and functions of the Texas Commission on Human Rights.

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 May 28, 2003.

TRD-200303276

Katherine A. Antwi

General Counsel

Texas Commission on Human Rights

Effective date: June 17, 2003

Proposal publication date: April 11, 2003

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