Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 229. Food and Drug Synthetic Narcotic Drugs in the Treatment of Drug Dependent Persons 25 TAC sec.229.146 The Texas Department of Health (department) adopts on an emergency basis an amendment to sec.229.146 concerning synthetic narcotic drugs in the treatment of drug dependent persons. Section 229.146 covers the failure of a permit holder to comply with the provisions in the Health and Safety Code, Chapter 466 concerning the regulation of synthetic narcotic drugs (methadone) in the treatment of drug- dependent persons. The amendment eliminates the 30-day compliance period before the the department takes action against a permit holder for violating or threatening to violate Chapter 466. The amendment is adopted on an emergency basis for the following reasons. The 30-day compliance period enables a number of methadone clinics to be perpetually noncompliant because they have 30 days to achieve compliance for any violations. Because of the serious nature of violations and the number of methadone related deaths recently, the department is adopting the amendments on an emergency basis in order to address a serious and imminent threat to public health and safety. The amendment will allow the department to act quickly against chronic violators of the Health and Safety Code, thereby alleviating this imminent health hazard. The amendment is adopted on an emergency basis under the Health and Safety Code, sec.466.002, which provides the Board of Health with the authority to adopt rules concerning the use of synthetic narcotic drugs (methadone) in the treatment of drug dependent persons; sec.12.001, which provides the board with the authority to adopt rules to implement every duty imposed by law on the board, the department and the commissioner of health; and Texas Civil Statutes, Article 6252-13a, sec.5.04, which provides the board with authority to adopt rules on an emergency basis. The amendment will affect Chapter 466 of the Health and Safety Code. sec.229.146. Failure to Comply. (a) The Texas Department of Health (department) may take any action provided in Health and Safety Code (code), Chapter 466, including emergency orders, when it appears that a person violated, is violating or is threatening to violate the code, these sections, or an order or permit issued pursuant to the code.
    [A permit holder who has failed to comply with the Health and Safety Code (code) and the sections in this Chapter shall be given notice of failure to comply and allowed a period of 30 days to comply. Failure to provide the department with a plan of correction or failure to accomplish the plan of correction by the designated completion date shall be cause, in accordance with sec. s1.21-1.34 of this title (relating to Formal Hearing Procedures), for the department to seek revocation of the permit and/or the assessment of an administrative penalty, criminal penalty, and/or civil penalties as provided in the Code.] (b)-(c) (No change.) Issued in Austin, Texas, on December 9, 1991. TRD-9115408 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 9, 1991 Expiration date: April 7, 1992 For further information, please call: (512) 458-7248 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 27. State Fire Marshal Subchapter F. Rules for the Safe Storage, Handling, and Use of Flammable Liquids at Retail Service Stations and Aircraft Fueling Facilities 28 TAC sec.27.605 The Texas Department of Insurance is renewing the effectiveness of the emergency adoption of amended sec.27.605, for a 60-day period effective December 7, 1991. The text of amended sec.27.605 was originally published in the August 16, 1991, issue of the Texas Register (16 TexReg 4440). Issued in Austin, Texas, on December 5, 1991. TRD-9115196 Angelia Johnson Assistant Chief Clerk Texas Department of Insurance Effective date: December 7, 1991 Expiration date: February 3, 1992 For further information, please call: (512) 463-6328 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 320. Regional Assessments of Water Quality Program for Water Quality Assessment by Watershed and River Basin 31 TAC sec.320.21, sec.320.22 The Texas Water Commission adopts on an emergency basis new sec.320.21 and sec.320.22, concerning fees for the regional water quality assessment program. The sections are adopted on an emergency basis to implement the program required by Senate Bill 818, Acts of the 72nd Legislature, 1991, which will assess and respond to water quality problems existing in the watersheds of the state. On December 4, 1991, the commission adopted permanent rules to implement the procedural and other substantive provisions of Senate Bill 818. The purpose of these rules is to establish the funding mechanism authorized by Senate Bill 818 to support the regional water quality assessment program. The bill authorizes the commission to recover the reasonable costs of administering the water quality management programs under the Texas Water Code, sec.26.0135 from all users of water and wastewater permit holders in each watershed generally in right to use water from and discharge wastewater into the watershed. Under these rules, holders of wastewater permits issued under the Texas Water Code, Chapter 26 will be assessed an annual fee based on the operating parameters specified in their permits for flow and traditional pollutant limits. It is the intent of these rules that the majority of industrial and municipal water users be assessed fees through the wastewater permit mechanism. Users of water who do not hold permits for the treatment or discharge of wastewater will be assessed a fee based on the amount of water that may be used under a water right for both consumptive and non-consumptive purposes. It is recognized that retail public utilities as well as other service providers for which the use of water or the treatment of water is necessary and essential, including, but not limited to, electric power generators, will likely seek to recover these fees from their customers. Ultimately, the costs of supporting the regional water quality assessment program would be borne by the water and wastewater service customers in each watershed and the recipients of other services which generate wastewater discharges or consume the states water resources. The intent of the fee format is to assess a charge for water uses and wastewater discharges in accordance with the potential for these activities to adversely impact water quality. Wastewater discharge activities generally have the potential to impact the water quality through the introduction of pollutants which are not naturally occurring or which naturally occur in different concentrations. The threat posed by water use activities generally stems from the impacts associated with the withdrawals of water from waterbodies, thereby reducing the ability of the remaining flows to assimilate pollutants or to preserve existing aquatic habitats and instream uses. New sec.320.21 contains definitions which are relevant to the specific fee schedules and calculations of assessments. Subsection (c) specifies the fee rates for flow limits and traditional pollutants applicable to wastewater permits. Subsection (d) specifies the fee rates for appropriated water rights for the different consumptive and non-consumptive use categories. Subsection (e) provides for exemption of certain amounts of appropriated water in circumstances where permit conditions render this water unavailable for use by the water right holder. Subsections (f) and (g) authorize a retail public utility to recover the costs of these water quality assessments from their customers. Subsection (h) provides that if a retail public utility passes the charge for the regional assessment to its customers, such pass-through charge is not a rate. Subsection (i) provides that annual water quality assessment fees are due each January 1 and that payments not received by March 1 will be subject to an interest penalty of 10% on an annual basis. It is the intent of the commission to develop automated billing procedures which will include reference to the specific due date and other information relevant to the assessment and its basis for each payee. Subsection (k) provides for the adjustment of fees assessed under this section to ensure the adequate support of the regional water quality assessment program authorized by Senate Bill 818 and to assure that water users and wastewater dischargers do not pay excessive amounts. New sec.320.22 includes provisions regarding the allocation of revenue collected under this section to the river authorities or designated local governments eligible for reimbursement of certain costs of development of water quality assessments under the procedural rules previously adopted under 31 TAC Chapter 320. The new sections are adopted on an emergency basis under the Water Code sec.sec.5.103, 5.105, and 26.011, which provides the commission with the authority to adopt rules necessary to carry out its powers and duties under the Code and all other laws of the state and to establish and approve all general policies of the commission and under Senate Bill 2, Article 1.100, Acts of the 72nd Legislature, First Called Session, 1991, which authorizes the commission to adopt rules on an emergency basis to implement new revenue authority provided by legislation enacted by the 72nd Legislature. The commission finds that an urgent need exists to adopt these new sections on an emergency basis in order to implement the provisions of Senate Bill 818 in the manner and schedule required by the bill and to avoid further delay in the implementation of those water quality management efforts intended to reduce the imminent threat to public health and safety of existing water quality problems. sec.320.21. Water Quality Assessment Fees. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) BOD-Five-day biochemical oxygen demand. (2) COD-Chemical oxygen demand. (3) Consumptive use-The use of water for domestic and municipal, industrial, irrigation, or mining purposes, consistent with the meaning of these uses for which water may be appropriated under the Texas Water Code, sec.11.023, and sec.11.024. (4) Final flow limit-The maximum amount of wastewater discharge authorized by a permit issued in accordance with the Texas Water Code, Chapter 26, expressed as a daily average flow, a daily maximum flow, an annual average, or an annual maximum. For the purpose of this section, a final flow limit is expressed in millions of gallons per day of discharge (MGD). (5) Flow-The total by volume of all wastewater discharges authorized under a permit issued in accordance with the Texas Water Code, Chapter 26, expressed as an average flow per day, a maximum flow per day, an annual average, or an annual maximum, exclusive of variable or occasional stormwater discharges. Generally, the flow is based on the sum of the volumes of discharge for all outfalls of a facility, but excludes internal outfalls. However, for those facilities for which permit limitations on the volumes of discharge apply only to internal outfalls, the flow is based on the sum of the volumes of discharge for all internal outfalls of the facility, exclusive of variable or occasional stormwater discharges. (6) Flow type- (A) contaminated-these wastewaters include sanitary wastewater, process wastewater flows, or any mixed wastewaters containing more than 10% process wastewaters; (B) uncontaminated-these wastewaters include non-contact cooling water or mixed flows which contain at least 90% non-contact cooling water and not more than one million gallons per day of process wastewater. (7) MGD-Million gallons per day. (8) Non-consumptive use-The use of water for those purposes not otherwise designated as consumptive uses under this section, including hydroelectric power, navigation, recreation, and other beneficial uses, consistent with the meaning of these uses and for which water may be appropriated under the Water Code, sec.11.023, and sec.11.024. (9) TOC-Total organic carbon. (10) Traditional pollutants-The wastewater parameters typically found in wastewater discharge permits, specifically oxygen demand (BOD/COD/TOC), total suspended solids (TSS), and ammonia. For the purpose of this section, COD and TOC are expressed in terms of BOD at the rate of three pounds of TOC equal to one pound of BOD (3:1) or eight pounds of COD equal to one pound of BOD (8:1). (11) TSS-Total suspended solids. (b) For the purpose of recovery of the costs of development of regional water quality assessments and administration of the provisions of this chapter, a fee is assessed against water right permit holders and wastewater discharge permit holders in each watershed of the state in proportion to their right to use water from and discharge wastewater into the watershed. (c) The municipal and industrial use of water shall be assessed a fee based on the authority of a permittee to dispose or discharge wastewater under a permit issued pursuant to the Texas Water Code, Chapter 26. The fee shall be assessed on the basis of final flow and traditional pollutant limits and determined as the sum of the following: (1) for contaminated discharges, $300 per MGD up to a maximum of 100 MGD and $10 per each MGD or fraction thereafter; (2) for uncontaminated discharges, $1.00 per MGD; (3) for each traditional pollutant, $2.00 per pound per day. The annual fee assessed for each permit shall not exceed $35,000. The fee for a permit which does not authorize the discharge of wastewater, including evaporation and land disposal permits, shall be $150. The fee for an inactive permit shall be $100. (d) Water right permit holders, not subject to subsection (c) of this section, shall pay a fee based on the right to appropriate water under a permit issued under the Texas Water Code, Chapter 11. The fee shall be $.20 per acre foot for water rights appropriated for consumptive use, up to a maximum of 10,000 acre feet, and $.02 per acre-foot thereafter. The fee shall be $.02 per acre foot for water rights appropriated for non-consumptive use, up to a maximum of 100,000 acre feet, and $.002 per acre-foot thereafter. (e) Water which is authorized in a permit for consumptive use, but which is reserved under permit and not available for use by the permittee may be exempted from the assessment of a fee under subsection (c) of this section. (f) A retail public utility as defined by the Texas Water Code, sec.13.002 which is subject to a water quality assessment fee under this chapter may collect from each customer a charge to recover the amount of the fee assessed. The total amount recovered by a retail public utility shall not exceed the amount assessed under this chapter plus any reasonable costs of collection. Any pass-through mechanism for the fees shall be fair and equitable for all customers and may be subject to review by the commission. (g) The portion of a water quality assessment fee recovered from a customer of a retail public utility may be listed on the customers bill as a separate item and may be collected in addition to other regulatory assessments or charges for utility services. (h) The portion of a water quality assessment fee recovered from a customer by a retail public utility is not part of the rates of that utility. This provision shall apply to a retail public utility providing water and/or wastewater service. (i) Water quality assessment fees are due and payable to the commission by January 1 of each year. The commission shall establish procedures for billing and collection of the fee and notification of amounts due for each year. (j) The commission shall assess an interest penalty of 10% per year on any water quality assessment fee past due after March 1 of each year. (k) The commission shall monitor both the collection of fees under this section and the allocation of fee revenues under sec.320.22 of this title (relating to Allocation of Water Quality Assessment Fee Revenue) for the river basins of the state. The commission shall adjust the fee rates established under this section to the extent necessary to ensure the adequate support of the programs undertaken to implement this chapter and the equitable assessment of fees within each watershed and region of the state. sec.320.22. Allocation of Water Quality Assessment Fee Revenue. (a) A river authority or designated local government shall be eligible for reimbursement of the costs of development of water quality assessments and implementation of the provisions of this chapter. (b) The schedule and amount of any reimbursement shall be determined by mutual agreement of the commission and the appropriate river authority or local government based on submittal of an approved water quality assessment report or work plan as required under sec.320.5 of this title (relating to Assessment Reports and Work Plans) or sec.320.7 of this title (relating to Responsibilities of River Authorities and Designated Local Governments), respectively. Issued in Austin, Texas, on December 9, 1991. TRD-9115417 John Vay Director, Legal Services Texas Water Commission Effective date: December 9, 1991 Expiration date: April 7, 1992 For further information, please call: (512) 463-8069 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 163. Standards Subchapter C. Programs and Services 37 TAC sec.163.43 The Texas Department of Criminal Justice (TDCJ) adopts on an emergency basis new sec.163.43, concerning court reports and documentation, as part of Chapter 163, concerning standards, Subchapter C, Programs and Services. The emergency adoption is necessary to accommodate changes in The Texas Code of Criminal Procedures, Article 42.12, sec.9, as codified in House Bill 93, Chapter 10, sec.16.01 et seq, pages 213 and 214, 72nd Legislature, Second Called Session. Under the law as amended, local probation offices must prepare presentence investigations prior to the imposition of sentence for any felony offense, effective December 1, 1991, in conformity with new statutory requirements which are hereby incorporated into the Standards of the Community Justice Assistance Division of TDCJ. Notice of the adoption of these emergency rules on a final basis at the January 1992 meeting of the Texas Board of Criminal Justice is also being published in this issue of the Texas Register. The new section is adopted on an emergency basis under the Texas Code of Criminal Procedure, Article 42.13, sec.2(a), which authorizes the Texas Board of Criminal Justice to adopt reasonable rules concerning the operations of community supervision and corrections departments. sec.163.43. Court Reports and Documentation. (a) Staffing (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)(1); Article 42.12, sec.9(a)). Community Supervision and Corrections Departments (CSCD) should have the necessary trained staff and resources to conduct presentence investigations and provide written reports of the results for the courts for all felony cases as required by the law and the courts. (b) Presentence investigation reports (PSIR) (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)(1); Article 42.12, sec.9(a)). The CSCD, shall prepare a PSIR on all felony offenders prior to the assessment of punishment in all situations in which the trial judge determines punishment and in all plea bargain cases or prior to imposition of sentence. The PSIR should provide the court with the following accurate, objective, and relevant information concerning: (1) the circumstances of the offense with which the defendant is charged; (2) the amount of restitution necessary to adequately compensate the victim of the offense; (3) the criminal and social history of the defendant; (4) any information relating to the defendant or the offense requested by the court; (5) a proposed client supervision plan describing programs and sanctions that the CSCD would provide the defendant if the defendant were granted probation; (6) a psychological evaluation as required by law; and (7) any alcohol or drug abuse evaluation as ordered by the court under Article 42.12, sec.9(h) or as required by law, by Texas Penal Code, sec.12.422(b)(1), as amended by House Bill 93, 72nd Legislative Session, Second Called Session, and by the Texas Code of Criminal Procedure sec.42.12, sec.13(a)(2) and (f). The PSIR may also include as attachments or inclusions any psychological or psychiatric evaluation as may have been ordered by the court and any other optional materials which appropriately enhance the information being presented in the PSIR. (c) PSIR format (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)). CSCDs shall follow the approved TDCJ-CJAD PSIR format in preparing felony presentence investigation reports as required by the law and the courts. (d) Filing (Texas Code of Criminal Procedure, Article 42.13, sec.3(a)(1), and (a)(2); Article 42.13, sec.4). Copies of the completed felony PSI reports should be maintained within the CSCD filing system and made available for periodic management audits by CJAD program audit staff and TDCJ internal audit staff. (e) Funding. (Texas Code of Criminal Procedure, Article 42.13, sec.3(a)(1), and (a)(3)). An accurate count of the completed felony PSI reports prepared by the CSCD shall be maintained by the department and submitted to the TDCJ Austin Budget Office on a monthly basis. Financial payments for PSIRs will be made on a quarterly basis to the CSCD by CJAD. The monthly report to CJAD from the CSCD shall include the name of the defendant, the cause number assigned to the defendant, the date the report was complete, and the name of the officer who completed the PSI report for the court. The following describes eligibility criteria for reimbursements: (1) PSIRs completed on felony offenders after December 1, 1991; (2) one PSIR per offender during a calendar month; and (3) the CSCD has prepared the PSIR using the PSIR TDCJ-CJAD format, when made available. Reimbursements will not be made for PSIRs completed on an offender whose felony charge is reduced to a misdemeanor or for felony probationers revoked after December 1, 1991, if they had been placed on probation prior to December 1, 1991. (f) Confidentiality of presentence investigation reports (Texas Code of Criminal Procedure, Article 42.12, sec.9(j); Texas Code of Criminal Procedure, Article 42. 13, sec.2(a)(1)). Any presentence investigation reports prepared by a probation officer and all information obtained in connection with the presentence investigations are confidential and may be released only to those persons and under those circumstances as authorized under Article 42.12 (d)-(g), sec.(9), supra, and as directed by the court for the effective supervision of the defendant. Medical and psychiatric records obtained by court order shall be sealed within or kept separate from the offender's probation file and may be released only by order of the court. (g) Initial interview (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)(1)). An initial supervisory interview with the offender should be conducted after the court has placed the defendant under supervision. This interview with the offender should include a thorough discussion of the conditions of probation or terms of release. The probation officer should determine that the offender has received a copy of the conditions of probation or terms of release ordered by the court as provided by law. (h) Case records (Texas Code of Criminal Procedure, Article 42.13, sec.3(b)(1)). Community Supervision and Corrections Departments should develop written administrative policies and procedures regarding case record management, assuring that each case record should contain a chronological recording of all significant actions, decisions, services rendered, and periodic evaluations. The case record of each person placed under the supervision of the CSCD should contain a written criminal history record or summary issued by a law enforcement agency. If the offender has no previous record or if the record has not been received, the case record should contain a copy of the request showing the agency from which it was requested and the date of the request. (i) Violations (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)(1)). Community Supervision and Corrections Departments should develop policies setting forth the conditions upon which violations may be handled administratively. Policies should clearly state the conditions under which violation reports are to be submitted to the court. The availability of the continuum sanctions or alternatives to incarceration should be considered by the probation officer and recommended to the court in eligible cases as determined by the appropriate jurisdiction. (j) Incarceration reports (Texas Code of Criminal Procedure, Article 42. 09, sec.8(a); Article 43.12, sec.13(d)(2)). A county that transfers a defendant to the Department of Corrections under this article shall deliver to the director of the department: (1) a copy of the judgment entered pursuant to the Code, Article 42.01, completed on a standardized felony judgment form described by that Article, sec.4; (2) a copy of any order revoking probation and imposing sentence pursuant to the Code, Article 42.12, sec.8, including: (A) any amounts owed for restitution, fines, and court costs, completed on a standardized felony judgment form described by the Code, Article 42.01, sec.4; and (B) a copy of the client supervision plan prepared for the defendant by the adult probation department supervising the defendant, if such a plan was prepared; (3) A written report that states the nature and the seriousness of each offense and that states the citation to the provision or provisions of the Penal Code or other law under which the defendant was convicted; (4) a copy of the victim impact statement, if one has been prepared in the case under the Code, Article 56.03; (5) a statement as to whether there was a change in venue in the case and, if so, the names of the county prosecuting the offense and the county in which the case was tried; (6) a copy of the record of arrest for each offense; (7) information regarding the criminal history of the defendant; (8) a copy of the indictment or information for each offense; (9) a checklist sent by the department to the county and completed by the county in a manner indicating that the documents required by this subsection and subsection (c) of this section accompany the defendant; (10) a copy of the criminal justice data report prepared under the Government Code, sec.413.018; and (11) a copy of a presentence investigation report prepared under the Code, Article 42.12, sec.9. (k) Probation transfer (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)). Community Supervision and Corrections Departments should notify other jurisdictions when probationers will be working or residing in that jurisdiction temporarily. If the probationer will be in another jurisdiction more than 30 days, courtesy supervision should be requested. (l) Courtesy supervision (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)). Community Supervision and Corrections Departments providing direct supervision to probationers transferred from other jurisdictions within Texas should monitor payments of court ordered fees, costs, and restitution, and cooperate with the department of original jurisdiction in enforcing all conditions of probation. (m) Intrastate transfer (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)). Community Supervision and Corrections Departments should utilize uniform transfer procedures as provided by and approved by the CJAD. (n) Extradition (Texas Code of Criminal Procedure, Article 42.13, sec.2(a)). Probation officers shall not transport prisoners except as provided by law. Issued in Austin, Texas, on December 3, 1991. TRD-9115173 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: December 4, 1991 Expiration date: February 2, 1992 For further information, please call: (512) 463-9988 Chapter 321. Court Reports and Documentation 37 TAC sec.321.3 The Texas Department of Criminal Justice (TDCJ) adopts on an emergency basis the repeal of sec.321.3, concerning court reports and documentation. The TDCJ simultaneously adopts new sec.163.43, concerning court reports and documentation, as part of the secretary of state's mandatory recodification scheme at Chapter 163, Standards, Subchapter C, Programs and Services. The emergency repeal of the prior rule, and the emergency adoption of the recodification, are necessary to accommodate changes in the Texas Code of Criminal Procedure, Article 42.12, sec.9, as codified in House Bill 93, Chapter 10, sec.16.01 et. seq, pages 213 and 214, 72nd Legislature, Second Called Session, Under the law as amended, local probation offices must prepare presentence investigations prior to the imposition of sentence for any felony offense, effective December 1, 1991, in conformity with new statutory requirements which are hereby incorporated into the Standards of the Community Justice Assistance Division of TDCJ. Notice of the adoption of these emergency rules on a final basis at the January, 1992 meeting of the Texas Board of Criminal Justice is also being published in this issue of the Texas Register. The repeal is adopted on an emergency under the Texas Code of Criminal Procedure, Article 42.13, sec.2(a), which authorizes the Texas Board of Criminal Justice to adopt reasonable rules concerning the operations of community supervision and corrections departments. sec.321.3. Supervision. Issued in Austin, Texas, on December 3, 1991. TRD-9115172 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: December 4, 1991 Expiration date: February 2, 1992 For further information, please call: (512) 463-9988 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Child Care Management Services Statewide Implementation 40 TAC sec.sec.10.3419, 10.3423, 10.3465 The Texas Department of Human Services (DHS) adopts on an emergency basis amendments to sec.sec.10.3419, 10.3423, and 10.3465, concerning child care management services statewide implementation, in its Family Self-Support Services chapter. The purpose of the amendments is to extend JOBS child care services to AFDC recipients, in non-JOBS counties, who are participating in approved self-initiated education and training activities. The department adopts the amendments on an emergency basis, effective December 16, 1991, to comply with a federal requirement concerning the extension of child care services. DHS is simultaneously proposing these amendments for review and comment in this issue of the Texas Register. The amendments are adopted on an emergency basis under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. sec.10.3419. Job Opportunities and Basic Skills Training (JOBS) Child Care While Awaiting Approved Activities. [Child Care While Awaiting Job Opportunities and Basic Skills (JOBS) Activities.] (a) The Texas Department of Human Services (DHS) provides JOBS-related child care for up to two weeks for children whose parent is waiting to enter an approved [JOBS] activity. The two weeks of child care is allowed when: (1)-(2) (No change.) (b) DHS allows JOBS-related child care for up to one month for parents who have finished an approved activity
      [a JOBS component] and are waiting for the next approved activity
        [JOBS component] to begin. Child care for up to one month is provided to prevent loss of placement and to ensure continuity of care for the child. sec.10.3423. Time Limits for Education or Training Related Child Care. (a) The Texas Department of Human Services (DHS) limits the time a parent is permitted to receive child care related to education or training as follows. (1) Parents participating in a Job Opportunities and Basic Skills Training
          (JOBS) case plan receive education and training related child care until their JOBS case is closed. (2) Parents participating in approved self-initiated education or training in non-JOBS counties who are eligible for JOBS child care receive education and training related child care until their service plan is closed. (3)
            [(2)] Parents not eligible for JOBS child care
              [participating in a JOBS case plan] receive education and training related child care until they have completed one of the following: (A)-(C) (No change.) (b) Exceptions to requirements in subsection (a) of this section are granted through the waiver process
                according to the Texas Department of Human Services (DHS) handbook that addresses the purchase of child care services. sec.10.3465. Self-Arranged Child Care. (a) (No change.) (b) Clients in the eligibility categories specified in sec.10.3462(2)-(22)
                  [(16)] of this title (relating to Priority for Intake Services) are eligible to receive reimbursement for child care arrangements they make with providers that do not have child care management services (CCMS) vendor agreements provided that child care was authorized according to sec.10.3461 of this title (relating to Authorization of Child Care Services). (c) (No change.) (d) A provider of self-arranged child care for the categories of clients listed in sec.10.3462 (4) -(22)
                    [(16)] of this title (relating to Priority for Intake Services) must be at least 18 years of age and satisfy one of the following requirements: (1)-(2) (No change.) (e) Clients who receive reimbursement, prior to the effective date of this section, for care arrangements with providers who do not meet the conditions in subsection (c) or (d) of this section may continue to receive reimbursement for these care arrangements as long as the clients remain eligible or until the eligible clients select alternate care arrangements. Any provider selected by these clients for self-arranged child care on or after September 7, 1991,
                      [the effective date of this section] must meet the criteria in subsection (c) or (d) of this section. Issued in Austin, Texas, on December 5, 1991. TRD-9115267 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: December 5, 1991 Expiration date: April 3, 1992 For further information, please call: (512) 450-3765