Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 10. COMMUNITY DEVELOPMENT Part I. Texas Department of Housing and Community Affairs Chapter 9. Texas Community Development Program Subchapter A. Allocation of Program Funds 10 TAC sec.sec.9.1-9.6, 9.9 The Texas Department of Housing and Community Affairs (TDHCA) adopts amendments to sec.sec.9.1-9.6, and 9.9, concerning allocation of programs funds, without changes to the proposed text as published in the July 14, 1992, issue of the Texas Register (17 TexReg 4997). The amendments establish the standards and procedure by which TDHCA will allocate federal fiscal year 1992 Community Development Block Grant nonentitlement area funds under the community development, Texas Capital, planning/capacity building, disaster relief, urgent need, and colonia funds. The amendments make changes in the public participation requirements; delete the Governor's special assistance fund for small and minority businesses and the Governor's small business special assistance fund and establish the Small and Minority Business Loan Program under the Texas Capital fund; change the name of the urgent need fund to the disaster relief fund and add additional eligibility requirements; and make various changes in the application procedure and selection criteria for the other program funds. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4413(501), sec.2.07, which provides TDHCA with the authority to allocate CDBG nonentitlement area funds to eligible counties and municipalities according to department rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 19, 1992. TRD-9211543 Susan J. Leigh Executive Director Texas Department of Housing and Community Affairs Effective date: September 11, 1992 Proposal publication date: July 14, 1992 For further information, please call: (512) 475-3917 TITLE 13. CULTURAL RESOURCES Part II. Texas Historical Commission Chapter 17. State Architectural Programs 13 TAC sec.17.4 The Texas Historical Commission adopts an amendment to sec.17.4, concerning the Texas preservation trust fund, without changes to the proposed text as published in the March 3, 1992, issue of the Texas Register (17 TexReg 1581). The Texas Preservation Trust Fund was the enactment of Senate Bill 294 by the 71st Legislature, which amended Chapter 442 of the Texas Government Code by adding sec.442.0071. A minor change in the Texas Preservation Trust Fund rules was approved by the Texas Historical Commission board at their February 3, 1992, meeting. The rules for the Preservation Trust Fund are necessary and required by Senate Bill 294. A minor change in the rules will eliminate any confusion. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, Chapter 442, which provides the Texas Historical Commission with the authority to adopt rules as it considers proper for the effective administration of this Chapter sec.442.005(q). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 24, 1992. TRD-9211486 Curtis Tunnell Executive Director Texas Historical Commission Effective date: September 11, 1992 Proposal publication date: March 3, 1992 For further information, please call: (512) 463-6100 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 344. Irrigators Advisory Council Editor's Note: Section 1.073 of Article 1, Senate Bill 2 (First Called Session, 72nd Legislature), created an Irrigators Advisory Council as part of the Texas Water Commission. Section 1.089, Article 1, Senate Bill 2, (First Called Session, 72nd Legislature), abolishes the Texas Board of Irrigators and transfers the duties, responsibilities, and functions of that board and all appropriations of that board to the Texas Water Commission, effective September 1, 1992. The Texas Register is administratively transferring these rules from Part XIV. Texas Board of Irrigators of Title 31, Chapters 423, 425, 427, 429 and 431 to Part IX. Texas Water Commission of Title 31, Chapter 344. It is the Texas Water Commission's intention that where inconsistencies exist, present Texas Water Commission existing procedural rules shall control and apply to the newly transferred programs. The table below lists the new section numbers and the old section numbers that correspond to them. Copies of the text of these rules are available from the Texas Register office.) TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 83. Contracted Youth Services 37 TAC sec.sec.83.1, 83.5, 83.7, 83.11, 83.13, 83.15, 83.17, 83. 19, 83.21, 83.23 The Texas Youth Commission (TYC) adopts amendments to sec. sec.83.1, 83.5, 83. 7, 83.11, 83.13, 83.15, 83.17, 83.19, 83.21, and 83.23, concerning contracts for parole supervision service; assessment of the needs of youth; contracts for residential and nonresidential services; requests for proposals; contract services standards and requirements; monitoring and evaluation of contract care programs; variances and waivers in contractual agreements; problem solving mechanism in contract services; an appeals process in contract services; and private sector involvement in the development of contract administration. Sections 83.7, 83.13, and 83.17 are adopted with changes to the proposed text as published in the July 21, 1992, issue of the Texas Register (17 TexReg 5062). Sections 83.1, 83.5, 83.11, 83.15, 83.19, 83.21, and 83.23 are adopted without changes and will not be republished. The amendments to the sections will bring about a more efficient contracting process. The changes to the proposed text consist of grammar and format changes. The only content change is in sec.83.7. The contract specialist begins the contracting process three months prior to renewal instead of four months. The amendments provide the agencies whose accreditation or licensing of programs TYC will accept as a condition of contracting with TYC for youth care. The needs assessment and recommendation responsibility has been shifted from the central office to the regional level in some cases. The definition of levels of care has been refined. Procedures used by TYC to ensure quality of care includes quarterly on-site visits. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.037, which provides the Texas Youth Commission with the authority to enter into agreements with appropriate public or private agencies. sec.83.7. Contracting for Residential and Nonresidential Services. (a) Policy. The Texas Youth Commission (TYC) contracts with private service agencies for nonresidential and residential services appropriate for TYC youth. (b) Rules. (1) General. (A) TYC enters into contracts with private agencies best able to provide services to meet specific needs of TYC youth identified through a process of needs assessment and requests for proposal. (B) TYC contracts with providers which meet: (i) TYC's basic core standards, licensing standards of the Department of Human Services, accreditation requirements of the Joint Committee on Accreditation of Health Care Organization and/or the Council on Accreditation, Texas Department of Mental Health and Mental Retardation Community Standards, Texas Commission on Drug and Alcohol Licensing Standards or Texas Health Department Standards; and (ii) Texas Health and Human Services Coordinating Council levels of care; and/or (iii) special requirements set forth by a request for proposal or a proposal for services. (C)-(D) (No change.) (E) Approval of the chief of community placement is required to execute all referenced contracts. (F) Neither shall youth be placed into any residential program, except on an emergency basis and approved by the regional director, nor any funds encumbered prior to the full execution of the contract. (2) New contract procedure for existing programs. (A) Contract specialist investigates and evaluates a program for a contract based on service needs. (B) If a program meets the needs, qualifies as a service provider, and the region recommends a contract, then the contract specialist forwards appropriate paperwork to chief of community placement. (C) The chief of community placement reviews and submits to legal department to initiate a contract. (D) Chief of community placement forwards the contract to the contract specialist. (E) The contract specialist reviews the contract and obtains signature of the service provider. (F) The contract specialist forwards the signed contract to the chief of community placement for signatures. (G) The chief of community placement routes copies to the following: (i) finance-original; (ii) contract program; (iii) contract specialist; (iv) chief of community placement. (H) The contract specialist ensures all appropriate personnel in the region have copy(ies) of the contract. (3) Contract renewal procedure. (A) Contract specialist begins the contracting process three months prior to renewal. (B) Contract specialist completes evaluation and submits the evaluation to the chief of community placement with a recommendation to renew/not renew two months prior to expiration of contract. (C) Chief of community placement reviews the recommendation and submits to legal department to initiate a new contract if there is no recommended rate increase. (D) If a rate increase is recommended, the chief of community placement submits to the contract care review committee to review and to make a recommendation to grant or deny recommendation. The chief of community placement submits to the deputy executive director for final approval of all rate increases. (i) If rate increase is denied, the chief of community placement informs the contract specialist and the service provider is informed of the results by the contract specialist and is advised of the appeal process. (ii) If rate increase is approved, the chief of community placement submits paperwork to legal department to initiate a new contract. (E) Chief of community placement forwards the contract to the contract specialist. (F) The contract specialist reviews the contract for corrections and obtains signatures. (G) The contract specialist forwards the signed contract to the chief of community placement for signature. (H) The chief of community placement routes copies to the following: (i) finance-original; (ii) contract program; (iii) contract specialist; (iv) chief of community placement. The contract specialist ensures all appropriate personnel in the region have a copy(ies) of the contract. (4) New contract procedure for RFP awarded programs. (A) Chief of community placement submits paperwork to legal department to initiate a new contract(s). (B) Chief of community placement obtains all signatures and routes copies to the following: (i) finance-original; (ii) contract program; (iii) contract specialist; (iv) chief of community placement. (C) The contract specialist ensures all appropriate personnel in the region have copy(ies) of the contract. sec.83.13. Contract Services Standards and Requirements. (a) Policy. The Texas Youth Commission (TYC) contracts with programs which are licensed or accredited by other agencies and those which meet TYC requirements. TYC administers the contract program through the implementation and monitoring of standards, and, where appropriate, special requirements. (b) Rules. (1) Explanation of terms used. (A) (No change.) (B) Levels of care established specify the type and method of delivery of services and address: (i) service needs of the youth; (ii) medical care; (iii) recreational activities and leisure time; (iv) education; (v) therapeutic interests and case management; and (vi) staff ratio. (2) Licensed and/or accredited programs. (A) TYC contracts with programs that are licensed by the Texas Department of Human Services (DHS) to provide residential care to children and youth. (i) DHS licensed programs are required to comply with DHS licensing standards and levels of care standards adopted by state agencies. (ii) Additional special service requirements may be developed to become a part of the contract where: (I) (No change.) (II) there are unique aspects of an individual program such as intensive supervision and tracking, electronic monitoring, or marine. (B) TYC contracts with programs, generally psychiatric hospitals, which are accredited by the Joint Committee on Accreditation of Health Care Organization (JCAHO) and/or the Council on Accreditation (COA) to provide services to children and youth. (C) JCAHO/COA accredited programs are required to comply with JCAHO/COA accreditation standards and with any additional TYC service requirements deemed appropriate to the youth's treatment plan. (D) TYC may contract with programs that are licensed by the Texas Commission on Drug and Alcohol, Texas Department of Mental Health and Mental Retardation, or Texas Department of Health, in order to serve a more specialized population. (3) TYC approved programs. TYC contracts with programs which are neither licensed by DHS nor accredited by JCAHO/COA but which meet TYC's core standards instead. (A) (No change.) (B) Approved programs also comply with health and human services levels of care standards. (C) Additional special service requirements may be developed to become a part of the contract where: (i) TYC deems it necessary to meet the needs of an individual youth; or (ii) there are unique aspects of an individual program such as intensive supervision and tracking, electronic monitoring, or marine. sec.83.17. Variance/Waiver Procedures. (a) (No change.) (b) Rules (1) Explanation of terms. (A)-(B) (No change.) (2) Residential contract program. (A) The contract care program administrator completes, signs, and dates the residential contract program variance/waiver request form, page 1, and sends necessary documentation to the contract specialist. (B) The contract specialist reviews the request, completes the contract specialist's recommendation, page 2 of the variance/waiver request form, with regional director approval and forwards it to the chief of community placement in central office. The contract specialist recommends the length of time that the variance/waiver is to be in effect, if less than the existing contract. (C) The chief of community placement reviews the request, with the additional information provided, decides whether or not to grant the variance/waiver, and forwards the contract administrator's decision, page 3, of the variance/waiver request to the contract specialist. The contract specialist forwards the decision to the program. (D) Variance/waivers are time limited and renewals must follow the procedures in subparagraphs (A)-(C) of this paragraph. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 21, 1992. TRD-9211408 Ron Jackson Executive Director Texas Youth Commission Effective date: September 11, 1992 Proposal publication date: July 21, 1992 For further information, please call: (512) 483-5244 37 TAC sec.83.9 The Texas Youth Commission (TYC) adopts the repeal of sec.83.9, concerning setting rates for residential programs, as published in the July 21, 1992, issue of the Texas Register (17 TexReg 5069). The rule is being repealed in order to adopt a new rule which is consistent with a new rate setting procedure. The adoption of the new rule will bring about a more efficient rate setting procedure. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, sec.61.037, which provides the Texas Youth Commission with the authority to enter into agreements with appropriate public or private agencies. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 21, 1992. TRD-9211406 Ron Jackson Executive Director Texas Youth Commission Effective date: September 11, 1992 Proposal publication date: July 21, 1992 For further information, please call: (512) 483-5244 37 TAC sec.83.9, sec.83.12 The Texas Youth Commission (TYC) adopts new sec.83.9 and sec.83.12. Section 83.9, concerning setting rates for residential programs, is adopted with changes to the proposed text as published in the July 21, 1992, issue of the Texas Register (17 TexReg 5069). Section 83.12, concerning start up funds is adopted without changes and will not be republished. The new rules will bring about a more efficient rate setting process and more programming options for placing TYC youth. The changes in sec.83.9 consist of clarifications in wording. Also, the contract care evaluation process begins three months prior to the end of a contracting period instead of four. The new rules define TYC rate setting process and use of start up funds when appropriate for contracted care programs. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.61.037, which provides the Texas Youth Commission with the authority to enter into agreements with appropriate public or private agencies, and to enter into agreements with private agencies for separate care and treatment of committed youth. sec.83.9. Rate Setting. (a) Policy. The Texas Youth Commission (TYC) sets rates for residential programs based on maximum rates indicated in the Appropriations Bill. The TYC board approves maximum rates to be paid for each level of care. (b) Rules. (1) Applicable issue. (A) Rates set for each level of care paid shall not exceed the maximum daily rate per youth recommended by the Health and Human Services Coordinating Council for each level of care. (B) TYC shall make reasonable efforts to ensure payment on a fixed monthly basis when it is cost-effective to the agency as determined by the chief of community placement. (C) Except where payment is guaranteed, rates and payments are made on a per day per youth basis for all contract services for each contract cycle. (D) Factors considered in rate setting: (i) uniform cost reports; (ii) cost of services; (iii) annual rate of inflation; (iv) analysis of contract budgets in terms of efficiency and cost of services; (v) occupancy rates; and (vi) state appropriations. (2) Rate increases. (A) Rate increases may occur by two methods: (i) across the board rate increase as approved by the TYC board; (ii) performance based. (B) Performance based increases may be awarded based on agency contract care evaluation which occurs prior to contract renewal. Areas of required compliance are indicated in individual contracts. (i) An individual contract must be, at a minimum, in substantial compliance in areas which may include levels of care, licensing or TYC core standards, request for proposal, proposal for services, or any special requirements identified in an individual contract. (ii) An individual contract must also meet 75% of agency identified performance standards as above average, unless extenuating circumstances exist. (iii) Extenuating circumstances must be included and justified for consideration. (iv) All of the requirements in clauses (i)-(iii) of this subparagraph must be met to be eligible for a rate increase. (C) The contract care evaluation process begins three months prior to the end of a contracting period. (D) The contract care evaluation is completed by the contract specialist, approved by the regional director, and submitted to the chief of community placement for recommended rate increases. The chief of community placement submits to the contract care review committee which consists of staff from the following departments: (i) contract services; (ii) research and planning; and (iii) finance. (E) The review committee reviews the evaluation and recommendations of a rate increase and may approve or deny the request. The chief of community placement submits the contract care review committee's recommendation to deputy executive director for final approval. The contract specialist is notified of the outcome by the chief of community placement. The contract specialist notifies the service provider. (3) Appeal. (A) Appeals may be made by the service provider to the director of community services in the form of a written request outlining specific issues in dispute and suggested remedies within 15 days of the contract evaluation notification to the program. (B) The director of community services will respond to appeals within 30 days of receipt of an appeal. (C) The decision of the director of community services is final regarding disputes involving the contract program evaluation and rate increases. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 21, 1992. TRD-9211407 Ron Jackson Executive Director Texas Youth Commission Effective date: September 11, 1992 Proposal publication date: July 21, 1992 For further information, please call: (512) 483-5244 37 TAC sec.sec.83.41, 83.43, 83.45, 83.47, 83.49 The Texas Youth Commission (TYC) adopts new sec.83.41, concerning admission and referral to contract programs; sec.83.43, concerning clothing and personal property of youth in contract programs; sec.83.45, concerning incident reporting by contract programs; sec.83.47, concerning furloughs from contract care programs; and sec.83.49, concerning psychopharmaco-therapy in contract programs; without changes to the proposed text as published in the July 21, 1992, issue of the Texas Register (17 TexReg 5071). The new sections will bring about a more efficient contract program. The new rules will define procedure for placing youth in contract programs, including admission, personal property, incident reporting, furloughs, and use of psychotropic drugs. No comments were received regarding adoption of the new sections. The new sections are adopted under Human Resources Code, sec.61.037, which provides the Texas Youth Commission with the authority to enter into agreements with appropriate public or private agencies for the separate care and treatment of youth in the custody of TYC. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 21, 1992. TRD-9211404 Ron Jackson Executive Director Texas Youth Commission Effective date: September 11, 1992 Proposal publication date: July 21, 1992 For further information, please call: (512) 483-5244 Chapter 87. Treatment Placement Planning 37 TAC sec.87.23 The Texas Youth Commission (TYC) adopts an amendment to sec.87.23, concerning supervision levels in parole home placement, without changes to the proposed text as published in the July 21, 1992, issue of the Texas Register (17 TexReg 5074). The amendment to the section will bring about a more appropriate assignment of supervision level for youth on parole on independent living status. The amendment states that youth on independent living status are on maximum supervision level. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.0811, which provides the Texas Youth Commission with the authority to develop a management system for parole services that objectively measures and provides for the classification of children based on the level of children's needs and the degree of risk they present to the public. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 21, 1992. TRD-9211405 Ron Jackson Executive Director Texas Youth Commission Effective date: September 11, 1992 Proposal publication date: July 21, 1992 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 72. Memoranda of Understanding with Other State Agencies Memorandum of Understanding for Child Protective Services 40 TAC sec.72.902 The Texas Department of Human Services (DHS) adopts an amendment to sec.72. 902, concerning a memorandum of understanding on service delivery to runaway children, with changes to the proposed text as published in the April 10, 1992, issue of the Texas Register (17 TexReg 2600). Section 72.902 adopts 37 TAC sec.341.21 (relating to Memorandum of Understanding on Service Delivery to Runaways) by reference. The Texas Juvenile Probation Commission (TJPC) has adopted an amendment to 37 TAC sec.341.21 after conducting an annual review of the section with DHS as required by law. Notice of the TJPC's adoption of the amendment to 37 TAC sec.341.21 was published in the May 22, 1992, issue of the Texas Register (17 TexReg 3786). The TJPC's amendment was adopted without changes. The justification for the amendment to sec.72.902 is to improve local coordination of services to runaway children. The amendment will function by ensuring that sec.72.902 remains up to date after TJPC's amendment of 37 TAC sec.341.21. No comments were received regarding adoption of the amendment. The department, however, has initiated a change in the proposed text of sec.72.902 to correct a reference to the effective date of TJPC's amendment to 37 TAC sec.341.21. The TJPC amendment took effect on June 3, 1992, not June 1. The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 141, which authorizes the department to enter into a memorandum of understanding with the TJPC regarding service delivery to runaway children. sec.72.902. Memorandum of Understanding on Service Delivery to Runaway Children. The Texas Department of Human Services (DHS) adopts by reference 37 TAC sec.341.21 (relating to Memorandum of Understanding on Service Delivery to Runaways) as amended effective June 3, 1992. This memorandum of understanding between the Texas Juvenile Probation Commission (TJPC) and DHS provides for TJPC and DHS coordination of services to runaway children at the community level. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 1, 1988. TRD-9211549 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: September 15, 1992 Proposal publication date: April 10, 1992 For further information, please call: (512) 450-3765