Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
Subchapter I. IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002
The Office of the Secretary of State, Elections Division, adopts an
amendment to §81.171, new §81.173, and the repeal of §81.175
without changes to the text as proposed in the February 27, 2004, and March
5, 2004, issues of the
Texas Register
(29
TexReg 1747 and 2135).
The amendment to §81.171 clarifies the state's administrative complaint
procedure designed to comply with Section 402 of the federal Help America
Vote Act of 2002 ("HAVA").
New §81.173 concerns new provisional voting procedures for precinct
count optical scan ballots as required under Section 302 of the federal Help
America Vote Act of 2002 ("HAVA"). The text of §81.173 is identical to §81.175,
which is repealed. The text is being moved from §81.175 to §81.173
to reorganize the rule numbering sequence.
No public comments were received concerning the proposals.
1 TAC §81.171
Statutory authority: Election Code, Section 13, House Bill
1549, 78th Legislative Session, 2003, which requires the Secretary of State
to adopt rules establishing an administrative complaint procedure to remedy
grievances. The rule must comply with Section 402 of HAVA.
No other codes or sections are affected.
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 June 11, 2004.
TRD-200403847
Ann McGeehan
Director of Elections
Office of the Secretary of State
Effective date: July 1, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 463-5562
1 TAC §81.173
Statutory Authority: Texas Election Code, §31.010.
No other codes or sections are affected.
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 June 11, 2004.
TRD-200403846
Ann McGeehan
Director of Elections
Office of the Secretary of State
Effective date: July 1, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 463-5562
1 TAC §81.175
Statutory Authority: The repeal is adopted under Texas Election
Code, §31.010.
No other codes or sections are affected.
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 June 11, 2004.
TRD-200403845
Ann McGeehan
Director of Elections
Office of the Secretary of State
Effective date: July 1, 2004
Proposal publication date: March 5, 2004
For further information, please call: (512) 463-5562
Chapter 355.
MEDICAID REIMBURSEMENT RATES
The Texas Health and Human Services Commission (HHSC) adopts the repeals
of §§355.732, 355.733, 355.744, 355.745, and 355.775 of Chapter
355, Subchapter F, Reimbursement Methodology for Programs Serving Persons
with Mental Illness and Mental Retardation. HHSC adopts the proposed amendment
to §355.742 to deleting the reference to of HCS-OBRA because the program
no longer exists. The repeals and amendment are adopted without changes to
the proposed text as published in the March 26, 2004, issue of the
Texas Register
(29 TexReg 2998-2999) and will not be republished.
The rules describe the reimbursement methodology of the Mental Retardation
Local Authority (MRLA) Program and the Home and Community Based Services -
OBRA (HCS-O) Program and are adopted for repeal because the programs are no
longer in operation. The Texas Health and Safety Code, §533.0355, added
by House Bill 2292 of the 78th Legislature, redefined the responsibilities
of mental retardation authorities (MRAs), program providers, and the Department
of Mental Health and Mental Retardation (MHMR) under the Mental Retardation
Local Authority (MRLA) Program. The redefined responsibilities describe a
program model that more closely resembles that of the Home and Community-Based
Services (HCS) Program than the MRLA Program. MHMR determined that the most
effective way to implement the redefined waiver program responsibilities required
by §533.0355 was to provide all waiver services and supports through
the HCS Program. Effective September 1, 2003, MHMR has provided all Medicaid
waiver services through the HCS Program.
HHSC received no comments regarding adoption of the repeals and amendments.
Subchapter F. GENERAL REIMBURSEMENT METHODOLOGY FOR ALL MEDICAL ASSISTANCE PROGRAMS
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION