Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 55.
CHILD SUPPORT ENFORCEMENT
Subchapter D. FORMS FOR CHILD SUPPORT ENFORCEMENT
1 TAC §55.120
The Office of the Attorney General adopts new revised Subchapter
D, Forms For Child Support Enforcement by adding §55.120, concerning
the National Medical Support Notice Forms, with minor grammatical changes
to the proposed text as published in the November 21, 2003, issue of the
The National Medical Support Notice is federally mandated for use in IV-D
cases. It may also be used in any other Suit Affecting the Parent Child Relationship
order to enforce medical child support. The Request for Review of National
Medical Support Notice may be used by an obligor to contest the National Medical
Support Notice sent to the employer. The Termination of National Medical Support
Notice may be used in any Suit Affecting the Parent Child Relationship order
to terminate medical child support.
Section 55.120 adds three forms for use of the National Medical Support
Notice by the Office of the Attorney General on all IV-D cases.
No comments have been received regarding adoption of this new section.
The new section is adopted under the authority of Texas Family
Code §154.186.
The new section affects Texas Family Code §154.86.
§55.120.National Medical Support Notice, Request for Review of National Medical Support Notice, Termination of National Medical Support Notice.
(a)
The National Medical Support Notice is federally mandated
for use in IV-D cases. It may also be used in any other Suit Affecting the
Parent Child Relationship order to enforce medical child support.
Figure: 1 TAC §55.120(a) (.pdf)
(b)
The Request for Review of National Medical Support Notice
may be used by an obligor to contest the National Medical Support Notice sent
to the employer.
(c) The Termination of National Medical Support Notice may
be used in any Suit Affecting the Parent Child Relationship order to terminate
medical child support.
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 December 29, 2003.
TRD-200308892
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Effective date: January 18, 2004
Proposal publication date: November 21, 2003
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110.
1 TAC §§55.701 - 55.707
The Office of the Attorney General adopts new Subchapter
N, National Medical Support Notice, §§55.701 - 55.707, without changes
to the proposed text as published in the November 21, 2003, issue of the
The new sections provide a standardized means of communication between
State child support enforcement agencies, employers, and parents. The Notice
will facilitate the process of enrolling children in the group health plans
for which their parents are eligible and create a uniform and streamlined
process for enforcement of medical child support to ensure that all children
receive the health care coverage for which they are eligible and to which
they are entitled.
No comments have been received regarding adoption of these new sections.
The new sections are adopted under the authority of Texas Family
Code §154.186.
The new sections affect Texas Family Code §154.86.
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 December 29, 2003.
TRD-200308893
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Effective date: January 18, 2004
Proposal publication date: November 21, 2003
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at (512) 463-2110.
Chapter 126.
SURPLUS AND SALVAGE PROPERTY PROGRAMS
Subchapter A. STATE SURPLUS AND SALVAGE PROPERTY
1 TAC §126.1
The Texas Building and Procurement Commission adopts amendments
to §126.1 with a correction to the text as published in the September
12, 2003, issue of the
Texas Register
(28
TexReg 7903).
SB 912, enacted by the 78th Regular Session of the Legislature, effective
June 20, 2003, amended the definition of "assistance organization," to include
a nonprofit computer bank that solicits, stores, refurbishes and redistributes
used computer equipment to public school students and their families. The
proposed amendment to §126.1 brings the definitions in the rules into
compliance with the statute.
The amended rule will assist the Texas Building and Procurement Commission
and state agencies in correctly identifying appropriate recipients of surplus
and salvage property.
One letter of comment was received from the Texas Department of Transportation
(TxDOT) which said, "The proposed wording of §126.1 directly conflicts
with the plain language of §2175.001(A)."
Response: TxDOT is correct. The erroneous language has been corrected.
The amendment is adopted under the authority of the Texas Government
Code, Title 10, Subtitle D, §§2152.003, 2175.002 and 2175.061(c).
The following code is affected by these rules: Texas Government Code, Title
10, Subtitle D, §2175.001, §2175.061, §2175.124, §2175.125, §2175.128, §2175.183, §2175.184, §2175.304
and §2175.306.
§126.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meaning, unless the context clearly indicates otherwise.
(1)
Assistance organization--
(A)
a nonprofit organization that provides educational, health,
or human services or assistance to homeless individuals; or
(B)
a nonprofit food bank that solicits, warehouses, and distributes
edible but unmarketable food to agencies that feed needy families and individuals;
or
(C)
Texas Partners of the Americas, a registered agency with
the Advisory Committee on Voluntary Foreign Aid, with the approval of the
Partners of the Alliance office of the Agency for International Development;
or
(D)
a group, including a faith-based group, that enters into
a financial or non-financial agreement with a health or human services agency
to provide services to that agency's clients; or
(E)
a non profit organization approved by the Supreme Court
of Texas that provides free legal services for low-income households in civil
matters; or
(F)
The Texas Boll Weevil Eradication Foundation Inc., or an
entity designated by the commissioner of agriculture as the foundation's successor
entity under §74.1011, Agriculture Code; or
(G)
a local workforce development board created under §2308.253
of the Texas Government Code; or
(H)
a nonprofit computer bank that solicits, stores, refurbishes,
and redistributes used computer equipment to public school students and their
families.
(2)
Certificate of Acquisition--A form prescribed by the commission
that verifies the qualifications of a qualified assistance organization or
political subdivision as an entity entitled to receive state surplus or salvage
property.
(3)
Data processing equipment--Equipment as defined by Texas
Government Code, §2054.003 to be information technology equipment and
related services designed for the automated storage, manipulation, and retrieval
of data by electronic or mechanical means to include:
(A)
central processing units, front-end processing units, miniprocessors,
microprocessors, and related peripheral equipment such as data storage devices,
document scanners, data entry equipment, terminal controllers, data terminal
equipment, computer-based word processing systems other than memory typewriters,
and equipment and systems for computer networks;
(B)
all related services, including feasibility studies, systems
design, software development, and time-sharing services, provided by state
employees or others; and
(C)
the programs and routines used to employ and control the
capabilities of data processing hardware, including operating systems, compilers,
assemblers, utilities, library routines, maintenance routines, applications,
and computer networking programs.
(4)
Personal property--property that is lawfully confiscated
and subject to disposal by a state agency. Personal property affixed to real
property may be sold as surplus or salvage property if its removal and disposition
is for a lawful purpose under Texas Government Code, Chapter 2175, Subchapter
C or another law.
(5)
Method of payment--A cashier's check, certified check,
a money order, or any other approved method of purchase at the time of sale
is acceptable payment under this section.
(6)
Political subdivision--Each political subdivision of the
state and volunteer fire departments.
(7)
Salvage property--Any personal property which through use,
time, or accident is so depleted, worn out, damaged, used, or consumed that
it has no value for the purpose for which it was originally intended.
(8)
State agency--
(A)
a department, commission, board, office, or other agency
in the executive branch of state government created by the state constitution
or a state statute;
(B)
the supreme court, the court of criminal appeals, a court
of appeals, or the Texas Judicial Council;
(C)
the Texas Civil Air Patrol; and
(D)
excluding those entities in Texas Government Code, §§2175.301,
2175.302, 2175.304.
(9)
Surplus property--Personal property that exceeds a state
agency's needs and is not required for the agency's foreseeable needs; including
used or new property that retains some usefulness for the purpose for which
it was intended or for another purpose.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on December 22, 2003.
TRD-200308857
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Effective date: January 11, 2004
Proposal publication date: September 12, 2003
For further information, please call: (512) 463-4257
1 TAC §126.5
The Texas Building and Procurement Commission adopts amendments
to §126.5 as published in the September 12, 2003, issue of the
HB 3042, effective June 18, 2003, amended the Texas Government Code, §2175.134
to require that the proceeds and fees collected from the sale of state surplus
or salvage property be deposited into the general revenue fund; however, the
proceeds of sales for the State Aircraft Pooling Board (APB) shall be deposited
to the credit of the APB. The amendment brings the language of §126.5
into compliance with the amended statute.
The amended rule will enable state agencies to correctly identify where
to deposit proceeds and fees collected from the sale of state surplus or salvage
property.
TBPC received the following comment from Texas Department of Transportation:
"In reference to the proposed changes in 1 TAC §126.5, TxDOT is currently
seeking an Attorney General opinion on the constitutionality of diverting
dedicated funds to the general revenue fund. In regard to the proceeds from
the sale of surplus and salvage property of the APB being deposited to the
credit of the board, legislation is currently making its way through the 3rd
called special session which may redirect those proceeds."
Response: The language of the statute is clear and went into effect June
13, 2003 and has not been subsequently amended.
The adopted amendment is made under the authority of the Texas
Government Code, Title 10, Subtitle D, §2175.002 and §2175.061(a)
and (c).
The following code is affected by these rules: Texas Government Code, Title
10, Subtitle D, §2175.134 and §2175.191.
§126.5.Proceeds.
The proceeds from the sale of any surplus or salvage property, less
the costs of advertising, selling, auctioneer services, if any, and any fee
collected under §126.2(5) of this title (relating to Purchaser's fees),
shall be deposited to the credit of the general revenue fund of the state
treasury. Proceeds from the sale of surplus or salvage property of the State
Aircraft Pooling Board shall be deposited to the credit of the board. The
portion of the proceeds from the sale of any surplus or salvage property equal
to the costs of advertising, the sale and the costs of auctioneer services,
if any, shall be deposited with the Comptroller of Public Accounts to the
credit of the item of appropriation to the commission from which such costs
were expended. The fee collected under §126.2(5) of this title shall
be deposited with the Comptroller of Public Accounts to the credit of the
general revenue fund.
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 December 22, 2003.
TRD-200308858
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Effective date: January 11, 2004
Proposal publication date: September 12, 2003
For further information, please call: (512) 463-4257
Chapter 371.
MEDICAID FRAUD AND ABUSE PROGRAM INTEGRITY
Subchapter C. UTILIZATION REVIEW
Subchapter N. NATIONAL MEDICAL SUPPORT NOTICE
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION