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 1. ADMINISTRATION Part I. Office of the Governor Chapter 4. Automobile Theft Prevention Authority 1 TAC sec.4.47 The Office of the Governor, Automobile Theft Prevention Authority adopts new sec.4.47 concerning preparation of 1992 Assessment Form, without changes to the proposed text as published in the January 8, 1993, issue of the Texas Register (18 TexReg 153). The new section is necessary to provide insurers with a form and instructions. Timely and accurate payment of the assessment is necessary for funding the operations of the authority. The new section adopts by reference a form and instructions which facilitate compliance with statutory requirements for reporting and payment of the assessment. The annual assessment is required by statute to be paid on or before February 1, 1993. For the purposes of the 1992 calendar year assessment, the Automobile Theft Prevention Authority may notify the State Board of Insurance of any insurer that fails to pay the fee by April 1, 1993. The authority has filed copies of these forms and instructions with the Secretary of State's Office, Texas Register Section. Persons desiring copies of the form and instructions can obtain copies from Tax Administration, Texas Department of Insurance, Tower 1, Room 860, 333 Guadalupe Street, Austin. Comments were made on the Form and Instructions for Auto Theft Prevention Authority Assessment for 1992 as summarized. Disagreement on terminology, specifically "Motor Vehicle Years of Insurance" means earned car years not written car years. The written car years would include all written auto policies and not allow for cancellations or new policies written late in the year of assessment. Instructions contain wrong definition of "Motor Vehicle Years of Insurance. " Instructions for Assessment should contain same exclusion as rule allowing recoupment. Instructions for rounding for fractions of months should be included in the Assessment Form and Instructions. State Farm Insurance Companies commented on the new section. The Automobile Theft Prevention Authority has reviewed the Assessment Form and Instructions and agree with the Tax Administration's decision that the Assessment Form and Instructions, as presented, are sufficient. The new section is adopted under Texas Civil Statutes, Article 4413(37), sec.10. Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5, require and authorize each state agency to adopt rules of practice setting forth the nature and requirements of available procedures and prescribe the procedures for adoption of rules by a state administrative agency. 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 March 4, 1993. TRD-9319999 David A. Talbot, Jr. General Counsel Office of the Governor Effective date: March 30, 1993 Proposal publication date: January 8, 1993 For further information, please call: (512) 463-1940 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 Texas Preservation Trust Fund, without changes to the proposed text as published in the December 11, 1992, issue of the Texas Register (17 TexReg 8611). The rules for the Preservation Trust Fund have been revised in order to avoid any confusion. The section has been revised and will be printed and distributed to the public in a pamphlet form. 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 January 22, 1993. TRD-9320018 Curtis Tunnell Executive Director Texas Historical Commission Effective date: March 30, 1993 Proposal publication date: December 11, 1992 For further information, please call: (512) 463-5768 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 13. Financial Planning Subchapter A. General Provisions 19 TAC sec.13.1 The Texas Higher Education Coordinating Board adopts an amendment to sec.13.1 concerning formulas, with changes to the proposed text as published in the December 25, 1992, issue of the Texas Register (17 TexReg 9080). The proposed rule would authorized the commissioner to utilize a 24-month base period in cases in which enrollments during two 12-month base periods exceed the enrollment during the intervening 12-month non-base-period by 5.0%. or more. The amendments will give authorization to the commissioner to utilize a two- year base period in calculating hours to be presented for formula funding in certain community/junior colleges and technical colleges. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.61.059, which provides the Coordinating Board with the authority to adopt rules regarding Formulas. sec.13.1. Formulas. Each public senior college and university shall prepare its appropriation request for each biennium in accordance with the Formulas Designated by the Coordinating Board for that biennium, and with the Definitions of the Elements of Institutional Costs designated by the Coordinating Board for that biennium. Copies are available in the Coordinating Board offices, P.O. Box 12788, Austin, Texas 78711. In the event that the average number of hours presented by a public community or technical college for formula funding in two consecutive 12-month base periods exceeds the hours for the intervening 12-month period by 5.0%, the Commissioner is authorized to use a 24-month base period in determining the Board's formula funding recommendation for that institution. 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 March 3, 1993. TRD-9320026 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 30, 1993 Proposal publication date: December 25, 1992 For further information, please call: (512) 483-6160 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part IX. Texas Department on Aging Chapter 255. State Delivery Systems Area Agency Designation 40 TAC sec.255.38 The Texas Department on Aging adopts the new sec.255.38, concerning the various contract and reimbursement methodologies for area agencies on aging which may be used to procure purchase of services authorized under Title III of the Older Americans Act as amended with changes to the proposed text as published in the January 1, 1993, issue of the Texas Register (18 TexReg 50). The justification for the new rule is that it establishes a single source of policies and procedures for contracting by area agencies on aging for services which will assist the network in standardizing these processes state wide. The rule will function to improve understanding of the processes used by the area agencies and reviewed by the Department to accomplish contracting for services. During the public comment period, comments were received from Houston-Galveston Area Agency on Aging, Concho Valley Area Agency on Aging, Panhandle Area Agency on Aging, Brazos Valley Area Agency on Aging and the Board and staff of the Department. Comment: One commenter questioned if the intent of the rule was to propose that area agencies be a party to a contract with the Department. Response: The Department does not intend to use this rule to provide a basis to substitute a contract process between area agencies and the Department for the current grants management process. Comment: One commenter stated that "at risk" contracting, as it relates to the cost reimbursement contract process, seems to conflict with that approach to contracting. Response: To the extent that all contractual activity poses a risk of exceeding agreed upon funding, as would be the case with cost reimbursement contacting, there is no contradiction. It is the intent of the Department to point out that area agencies have no obligation to make up cost overruns on fixed reimbursement contracts. To the extent that cost overruns may occur, the contractor is at risk to bear those overruns. Comment: One commenter stated that they were experiencing difficulties in accounting for all units of service and that, for certain services, providing services under unit rate basis can hinder client/professional relationships. Response: Other contracting methods are available, such as cost reimbursement and purchase of services. In situations where these can be used to alleviate problems as stated above, they should be used except for those services which must be contracted for on a unit rate basis, a specified in (d) (1) of this section pertaining to prescribed contracting methods for specific services as mandated by the legislative budget board. One commenter stated that standard assurances for area agencies on aging are not appropriate in contracts with service providers and indicated that the standard assurances contained in this section were a restatement of assurances included in the area plan. Response: After discussion of these comments by the operations subcommittee and the Board, it was determined that inclusion of the standard assurances in the rule would strengthen the Department's purpose of assuring compliance with Older American Act requirements. In addition to the changes resulting from public comment, TDoA is adopting the rule with changes as a result of staff and Board review and recommendations to improve clarity. The new section is adopted under the Human Resources Code, sec.101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the department. sec.255.38. Contract and Reimbursement Methodology for Area Agencies on Aging. (a) Authority to contract. The authority for area agencies to contract is based on the Older Americans Act of 1965, as amended, and its regulations; HHS regulations on Administration of Grants; Title 45 Code of Federal Regulations (CFR), Part 74; Title 45 CFR, Part 92; Title 45 CFR, Part 1321, et seq; Title 45 CFR, Part 91; and all Texas Department on Aging Policies and Rules as published in the Texas Administrative Code (TAC) under Chapter 251 et seq (Title 40 Part IX, Texas Administrative Code); and with all state and local laws as pertains to this contract and its attachments. (b) Types of contracts. The Texas Department on Aging has authorized the use of four contracting methodologies for the procurement of goods and services by area agencies on aging. These contracting methods are known as cost reimbursement, performance based unit rate, direct purchase of services, and sole source procurement. (1) Cost reimbursement. In cost reimbursement contracts, the area agency pays the contractor on a reimbursable basis for services rendered. The contractor agrees to deliver specific services on an "at risk" basis; that is, the AAA will make payment of actual expenses based on a pro rata share that Title III funds represents of the total funds budgeted in the approved budget for each specific service. Adjustments to the share of expenses that Title III funds will pay will be considered only in instances where a service provider experiences significant operating losses due to events over which they have no control, or reasonably could not have anticipated or in instances where a service provider experiences excess revenues over operational costs due to unanticipated and/or unbudgeted additional resources or reductions in expenses due to a change in cost allocation methodology. "At risk" reimbursement will not be adjusted to offset poor management planning. Any adjustment to an "at risk" reimbursement rate will be judged on its own merits. It is the responsibility of the contractor requesting an increase in the share of expenses that Title III will pay to provide adequate documentation to assure the AAA that the increase is warranted due to circumstances beyond their control. It is the responsibility of the AAA requesting a decrease in the share of expenses that Title III will pay to provide adequate documentation to assure that the decrease is warranted. (2) Unit rate performance based contract. In this contracting method, the area agency agrees to make payment to the contractor in the amounts and upon the terms, provisions and budgets as set forth in the contract as a result of negotiation of a suitable unit rate. The area agency pays the contractor on a unit rate reimbursement basis for services rendered. The contractor agrees to deliver specific services on an "at risk" basis. Adjustments will be considered only in instances where a service provider suffers operating losses due to events over which they have no control, or reasonably could not have anticipated or instances where a service provider experiences significant excess revenues over operational costs due to unanticipated and/or unbudgeted additional resources or reductions in expenses due to a change in cost allocation methodology. "At risk" unit rates will not be adjusted to offset poor management planning. Any adjustment to an "at risk" unit rate will be judged on its own merits. It is the responsibility of the contractor requesting rate increase to provide adequate documentation to assure the AAA that the increase is warranted due to circumstances beyond their control. It is the responsibility of the AAA requesting a rate decrease to provide adequate documentation to assure that the decrease is warranted. (3) Direct purchase of service contracts. Direct purchase of service (DPS) contracting is an alternative contracting methodology for the purchase of services. It allows for the purchase of service on a client-by-client basis instead of contracting annually by either performance based or cost reimbursement method. The area agency sets aside a sum of money, know as a direct purchase "pool," to be used by Case Managers to develop an individual's service plan. DPS provides access to OAA resources to those in greatest need and is an effective targeting tool, as it allows many more providers to participate in Title III programs and broadens access to service while providing increased flexibility for case management, permits more direct monitoring of service dollar expenditures, ties up fewer dollars in administrative costs, and presents a case manager with more control over commitment of resources to individual clientele. (4) Sole source procurement. This method may be used only when the award of a contract is infeasible under the other procurement methods. In this event, area agencies will comply with the procedures established in 45 CFR Part 92.36(d)(4), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, relating to procurement by noncompetitive proposals. (c) Contracting processes. Area agencies, using the unit rate performance based or cost reimbursement methods generally follow the pattern detailed in paragraphs (10)-(5) of this subsection. Prior to the beginning of each area planning cycle, area agencies on aging shall issue RFPs. Area agencies must comply with competitive bidding procedures for any available funds in excess of $25,000 in the aggregate. Funds in excess of $25, 000 many not be subdivided to circumvent the intent of this policy. Area agencies should require additional information on which to judge the qualification of applicants and their potential to be successful service providers. RFPs issued by area agencies include part or all of the following information: (1) a section detailing proposal requirements which contain the purpose, eligibility requirements, contact person, contract period, format, review criteria, scope, and appeal procedures for bidders. Also included are particulars regarding the purpose of the RFP, authority of the issuing agency, submission procedures, required proposal content, proposal review criteria, appeals procedures, award process (including description of performance based unit rate contracts), and contractor responsibilities; (2) background information which consists of the service area, target population, services, and funding for the services to be procured; (3) contract award considerations which detail any special factors regarding the contract, how payment will be made for service delivery, and funding requirements which must be complied with by the service provider; (4) service requirements and obligations of the successful bidders which encompasses records maintenance requirements, evaluation and assessment conditions, requirements to assure non-discrimination, drug free work place, confidentiality, contributions, reporting requirements training, coordination, and others which must be observed to assure compliance with federal and state requirements; (5) audit requirements which conform to the requirements set forth in Standards for Audits of Governmental Organizations, Programs, Activities, and Functions, issued by the United States General Accounting Office; the Single Audit Act of 1984; and the provisions of OMB Circular A-128, Audits of State and Local Governments, or OMB Circular A-133 Audits of Institutions of Higher Education, and Other Nonprofit Organizations, as applicable. (d) Prescribed contracting methods for Specific Services. The Legislature and the Texas Department on Aging have identified specific services which must be contracted either by performance based contracting or by cost reimbursement. (1) The following services will be contracted for using the performance based unit rate methodology; (A) ongregate meals; (B) home delivered meals; (C) legal assistance; (D) homemaker; (E) adult day care; (F) case management; (G) demand/response transportation; and (H) emergency response services. (2) Other services authorized by the Older Americans Act, as amended, may be contracted for either by performance based unit rate contracting or cost reimbursement, as determined by the area agency on aging. (3) All services may be purchased using the direct purchase of service method when it is necessary to meet the needs of elderly clients who are participating in Case Management programs. The DPS RFP and contracting methods are detailed in sec.255.40 of this title (relating to Direct Purchase of Services Program for Area Agencies on Aging). (e) Cost reimbursement and unit rate performance based contract content. Contract documents utilized by the area agencies on aging should include the following paragraphs which encompass the following subjects: (1) authority to contract; (2) contracting parties and execution date; (3) contract period; (4) contract extension provisions; (5) procedures to amend; (6) scope of services; (7) funding obligations; (8) compensation processes; (9) payment methodology; (10) reporting requirements; (11) match requirements; (12) program income; (13) contribution policy; (14) maintenance of requirements; (15) accessibility of records; (16) audit requirements; (17) payment suspension and contract termination; (18) deobligation of funding; (19) recapture of payments; (20) indemnification; (21) liability to third parties; (22) insurance coverage; (23) code of conduct; (24) governance; (25) assignment; (26) force majeure; (27) contract notices; (28) political activity; (29) sectarian involvement; (30) right to appeal; (31) independent contractor; (32) oral and written agreement; (33) severability; (34) venue; and (35) targeting expectations. (f) Standard assurances. Contract documents utilized by the area agencies on aging should include the following standard assurances required by appropriate paragraphs of the Older Americans Act as follows. (1) Information and assistance systems: (A) 306a4-provide for establishment of I & A, with emphasis on isolated elderly, Alzheimer's victims and their caretakers; (B) 306a5B-provide assurances that the AAA will use outreach efforts that will identify elderly, with emphasis on rural, greatest economic need (emphasis on low-income minority), greatest social need (emphasis on low-income minority), severe disabilities, limited English-speaking ability, elderly Alzheimer's and their caretakers; (C) 306a5C-contain an assurance that AAA will ensure that each activity, including planning, advocacy, and systems development, will include a focus on the needs of low-income minority elderly; (D) 306a6B-provide that the AAA will furnish technical assistance in a timely manner to service providers under the Area Plan and an annual evaluation of the effectiveness of outreach; (E) 306a6C-provide that the area agency will take into account in the development and implementation of the Area Plan, the views of service recipients; (F) 306a6D-provide that the AAA will serve as advocate and focal point for elderly (in cooperation with agencies, organizations, and individuals participating in activities under the plan); (G) 306a6Ei-provide that the AAA will enter into arrangements with organizations providing day care for children or adults and respite for families to provide opportunities to voluntarily care for the children; (H) 306a6Eii-provide that the AAA will, if possible, enter into arrangements and coordinate with organizations that have a proven record of providing services to elderly that were officially designated as community action agencies or programs; (I) 306a6G-provide that the AAA will develop and publish methods by which priority of services is determined; (J) 306a6I-provide that the AAA will conduct efforts to facilitate coordination of community based, long-term care services, designed to include case management; (K) 306a6L-provide that the AAA will coordinate access, in-home, and legal services with activities of community-based organizations established for the benefit of Alzheimer's victims and their families; (L) 306a6M-as previously for mental health services; (M) 306a6N-provide that the AAA will conduct outreach to elderly Indians if there is a significant Indian population (Dallas, Deep East, Middle Rio, and Rio); (N) 306a6P-provide that the AAA will establish a grievance procedure for elderly who are dissatisfied with or denied services under this Title; (O) 306a6R-provide that the AAA will list the telephone number of the agency in each telephone directory that is published under the name Area Agency on Aging. (P) 306a18-provide assurances to coordinate Title III services with Title VI (Deep East AAA only); (Q) 306a19-provide an assurance that the AAA will pursue activities to increase access by elderly Native Americans to all aging programs and benefits provided by the AAA including Title III, and specify the ways in which the area agency intends to implement the activities (Dallas, Deep East, Middle Rio) ; (R) 306a20A-provide that Title III case management services provided through the AAA will not duplicate case management services provided through other Federal and State programs; (S) 306a20B-provide that Title III case management services provided through the AAA will be coordinated with other Federal and State programs; (T) 306a20C-provide that Title III case management services provided through the AAA will be provided by a public agency or a non-profit private agency that does not provide, and does not have a direct or indirect ownership or controlling interest in, or a direct or indirect affiliation or relationship with, an entity that provides services other than Title III case management; or is located in a rural area and obtains a waiver of this requirement; and (U) 306a6H-provide that the AAA will establish effective and efficient procedures for coordination between OAA providers and between OAA providers and other Federal programs, especially Low-Income Home Energy Assistance Act, Part A of Energy Conservation in Existing Buildings Act CSBC7. (2) Homemaker services. (A) 306a6H-The area plan will provide that the AAA will establish effective and efficient procedures for coordination between OAA providers and between OAA providers and other Federal programs especially (Title XX). (B) 306a7-The area plan will provide that the AAA will provide assurances that any amount received under Part D will be expended in accordance with such part- In-Home Services for Frail Older Individuals. (C) 306a10-The area plan will provide that the AAA will provide assurances that any amount received under part G will be expended in accordance with such part-Supportive Activities for Caretakers who provide In-Home Services to Frail Older Individuals. (3) Home repair/modification. 306a6Q-The area plan will provide that the AAA will enter into voluntary arrangements with non-profit entities that provide housing (such as HUD 202) to provide leadership and coordination in development, provision, and expansion of adequate housing, supportive services, referrals, and living arrangements for elderly and advance notification and non- financial assistance to older individuals who are subject to eviction. (4) Ombudsman, adult day care, elder abuse awareness. (A) 306a6J-The area plan will provide that the AAA will identify the public and private non-profit agencies involved in prevention, identification and treatment of abuse, neglect, and exploitation of elderly and determine the extent to which the need for services is unmet. (B) 306a6K-The area plan will provide that the AAA will facilitate the involvement of long-term care providers in the coordination of community-based long-term care services and work to ensure community awareness of and involvement in addressing the needs of residents of long-term care facilities. (5) Center operations, transportation, legal, health screening, health education, physical fitness. 306a6S-The area plan will provide that the AAA will identify the needs of elderly and describe methods to coordinate planning and delivery of transportation services to elderly, including those with special needs. (6) Senior volunteers and employment opportunities. 306a12 -The area plan will in the discretion of the AAA, provide for an area volunteer services coordinator. (7) Congregate and home delivered meals. 306a16-The area plan will provide assurances that projects will reasonably accommodate participants with particular dietary needs arising from health requirements, religious requirements, or ethnic background. (8) Corporate eldercare assurances. (A) 306a13A-The area plan will describe all activities of the AAA, whether funded by public or private funds. (B) 306a13Bi-The area plan will provide an assurance that the (AAA's) activities conform with the responsibilities of the AAA as set forth in 306a; (C) 306a13Bii-The area plan will provide an assurance that the (AAA's) activities conform with the laws, regulations, and policies of the state; (D) 306a14A-The area plan will provide assurance that the AAA will maintain the integrity and public purpose of services provide in all contractual and commercial relationships. (E) 306a14B-The area plan will provide assurance that the AAA will disclose to AoA and state the identity of each non-governmental entity with which such agency has a contract or commercial relationship relating to providing any service to elderly; and the nature of such contract or relationship. (F) 306a14C-The area plan will provide assurance that the AAA will demonstrate that a loss or diminution in the quantity or quality of the services provided or to be provided by such agency has not resulted and will not result from such contract or relationship. (G) 306a14D-The area plan will provide assurance that the AAA will demonstrate that the quantity or quality of the services to be provide by such agency will be enhanced as a result of such contract or such relationship. (H) 306a14E-The area plan will provide assurance that the AAA will, on request from AoA or the State for the purpose of monitoring, disclose all sources and expenditures of funds such agency receives or expends to provide services to the elderly. (I) 306a15-The area plan will provide assurances that Title III funds will not be used to pay any part of a cost (including admin) incurred by AAA to carryout a contract or commercial relationship that is not carried out to implement this title. (J) 306a16-The area plan will provide assurances that preference in receiving services under Title III will not be given to particular elderly as a result of a contract or commercial relationship that is not carried out to implement this title. (9) Administrative assurances: (A) 306a5Aii-provide assurances that AAA will include in each contract with provider a requirement that provider will specify how to meet needs of low- income minority, and provide services to low-income minority in accordance with their need for service, and meet specific objectives established by the area agency for providing services to low-income minority individuals; (B) 306a6A-provide that AAA will conduct periodic evaluations and public hearings on activities carried out under the Area Plan; (C) 306a6F-provide that the AAA will establish an advisory council consisting of elderly, clients, representatives of elderly, elected officials, veteran's health care providers, and general public; and (D) 306a6O-provide that the AAA will compile available information on institutions of higher education and make information available to elderly at senior centers, and nutrition sites. (10) Budget related assurances. (A) 306a2-provide assurances that an adequate proportion of the amount allotted for part B to the planning and service area will be expended for the delivery of each of the following categories of services: (i) services associated with access to services (outreach, information and assistance, case management, and transportation); (ii) in-home services as specified in the Older Americans Act, sec.342(1)(A)- (E); and (iii) legal assistance; (B) 306a5Ai-set objectives for serving elderly in greatest social or economic need, include specific objectives for providing services to low-income minority individuals; and (C) 306a11-provide assurances that the area agency will expend not less than the total amount of funds appropriated and expended by the agency in FY91 in carrying out the State Long-Term Care Ombudsman program. (g) Performance standards. Regardless of the type of procurement processes used, the area agency must ensure that the service provider conforms to the specified service standard in providing the service. In the absence of adopted standards for any specific service, the area agency must identify the performance standards which the provider will be expected to follow until such time as service standards are issued by the state office. (h) Cost accounting. In order to establish and track service costs accurately, each service provider must have an accounting system which identifies all costs for each specific service being purchased, regardless of procurement method. The AAA should require, by contract stipulation, that the service provider have adequate accounting records to review and manage service costs. (i) Reporting requirements. Service contracts must contain specific requirements for reporting, regardless of procurement method used. Area Agencies must assure that the reporting requirements include a provision for adequate reporting and documentation of units of service and unduplicated persons who received the services. It must be understood by the service providers that payments for service will be based on the service units provided and the agreed upon method for service payment. (j) Direct services. AAAs providing direct services will be required to complete the appropriate section of the Area Plan/amendments. The PLANS budget document will specify the unit rate identified for applicable direct services of the AAA. AAAs shall enter into a Direct Service Agreement with TDoA which states the service performance expectation during a specified period. The direct service agreement will become part of the approved area plan. All requirements regarding performance standards, cost accounting and reporting requirements will apply to area agencies in direct service provision. 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 March 9, 1993. TRD-9320037 Mary Sapp Executive Director Texas Department on Aging Effective date: October 1, 1993 Proposal publication date: January 1, 1993 For further information, please call: (512) 444-2727