ADOPTED RULES 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 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 7. Gas Utilities Division Substantive Rules 16 TAC sec.7.70, sec.7.81 The Railroad Commission of Texas adopts amendments to sec.7.70, concerning minimum safety standards and regulations applicable to natural gas pipeline facilities and natural gas transportation within the state of Texas, and sec.7. 81, relating to the transportation of hazardous liquids within the state, without changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2766). By these amendments, the commission adopts new rules recently issued by the Department of Transportation in 49 Code of Federal Regulations (CFR), Parts 192 and 195, concerning natural gas and hazardous liquids pipeline safety rules. The commission also proposes to adopt by reference, 49 CFR, Part 193, concerning federal safety standards for liquified natural gas facilities. A new federal rule, which applies to both 49 CFR, Parts 192 and 195, concerns requirements for operation and maintenance procedural manuals. This new federal rule requires natural gas operators to prepare more detailed manuals and to review and update their manuals each calendar year. This federal rule now also requires both natural gas and hazardous liquids pipeline operators to prepare and follow procedures to safeguard personnel from the hazards associated with the unsafe accumulation of vapor or gas in excavated trenches. An amended federal rule is found in 49 CFR Part 195. Previously, all steel hazardous liquid pipelines operating at less than 20% of specified minimum yield strength (SMYS) were exempt from the hazardous liquid pipeline safety regulations. The amended rule removes the percent SMYS exemption and extends the hazardous liquid pipeline safety regulations to all pipelines that transport highly volatile liquids, all pipelines or pipeline segments in populated areas, and all pipelines or pipeline segments in navigable waterways regardless of maximum operating pressure. Part 193 of 49 CFR contains the federal regulations for liquified natural gas (LNG) facilities. The commission has not previously adopted these federal regulations because of the absence of LNG facilities in Texas. Last year an LNG facility was built in Texas; therefore, there is need for state regulation of LNG facilities. The federal regulations adopted by reference cover the siting, design, construction, equipment, operations, maintenance, personnel qualifications and training, and security of LNG facilities. No comments were received regarding the adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6053-1, which authorize the commission to adopt safety standards and practices applicable to the transportation of gas and all gas pipeline facilities within Texas to the maximum degrees permissible under, and to take any other requisite action in accordance with, the Natural Gas Pipeline Safety Act of 1968, sec.5(a), 49 United States Code Annotated, sec.1674(a) (West 1968 and Supplement 1995). The amendments are also adopted under the Texas Natural Resources Code, sec.sec.117.001-117.101, which authorizes the commission to regulate the pipeline transportation of hazardous liquids and facilities related thereto under, and to take any other requisite action in accordance with, the Hazardous Liquid Pipeline Safety Act of 1979, sec.205, 49 United States Code Annotated, sec.2004 (West Supplement 1995.) 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 June 6, 1995. TRD-9506972 Mary Ross McDonald Assistant Director, Legal Division Gas Utilities/LP Gas Railroad Commission of Texas Effective Date: June 30, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 463-7166 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 7. Corporate and Financial Regulation The Texas Department of Insurance adopts amendments to sec.7.27, concerning Regulation of Accounting for Reinsurance Agreements by Life, Accident and Health, and Annuity Insurers, and sec.7.611, concerning Indemnity Reinsurance Agreements-Required Provisions. The amendments, published in the March 10, 1995, issue of the Texas Register (20 TexReg 1741), are adopted without changes to sec.7.27 and with one change to sec.7.611. The amendment to sec.7.611(4) is necessary to implement House Bill 1461, 73rd Legislature, which amended Insurance Code, Article 5.75-1(n) to allow property and casualty insurers to offset mutual debts and credits between the ceding insurer and the assuming insurer, whether arising out of one or more indemnification reinsurance agreements. This statutory amendment overrules the requirement of the existing sec.7.611(4) which requires both property and casualty insurers and life, accident and health, and annuity insurers to restrict the remedy of offset to the mutual obligations within one reinsurance contract. The amendment to sec.7.611(4) will require a reinsurance contract to contain a provision that limits the remedy of offset to all of the reinsurance agreements between a ceding insurer and an assuming insurer instead of the existing limitation to one reinsurance contract. Also, the adopted amendment to paragraph (4) will allow life, accident and health, and annuity insurers the same right to offset. The department is recommending the latter change to provide equal treatment of these two types of insurers. The Legislature did not change the law regarding life, accident and health, and annuity insurers, but the department believes that a consistent policy on the practice of offset and efficient regulation require equal treatment of these insurers. The same existing requirement for life, accident and health, and annuity insurers is found in sec.7.27 and the department is adopting the amendment of sec.7.27 to provide for the same treatment. The amendment to sec.7.611 also adds new paragraphs (8)-(10) and renumbers existing paragraph (8) as paragraph (11). The new paragraphs will require indemnity reinsurance agreements to contain a provision concerning the status of any reinsurance intermediary and a provision that the written reinsurance agreement is the entire agreement between the parties. Such provisions are standard in most reinsurance contracts, but have not been required by regulation. Staff believes these new requirements are necessary to promote standardization of reinsurance contracts. A similar proposal, that did not include life insurers in the amendment to sec.7.611(4), was published in the May 20, 1994, issue of the Texas Register (19 TexReg 3899). The proposal was withdrawn after a public hearing on October 3, 1994. The new proposal is identical to the previous proposal except for the inclusion of life, accident and health, and annuity insurers regarding offsets, which necessitated the amendment of sec.7.27 in this proposal. The amendment to paragraph (4) relating to property and casualty insurers is required by House Bill 1461, and is less restrictive than the existing regulation. The amendment to paragraph (4) relating to life, accident and health insurers is proposed to provide consistent regulation of offset provisions in reinsurance contracts. New paragraph (8) will require the reinsurance agreement to provide that all credit and solvency risk associated with payments to a reinsurance intermediary under a reinsurance contract must be borne by the reinsurer. New paragraph (9) requires a provision that the written reinsurance agreement is the entire agreement and there are no other understandings between the parties to the agreement. New paragraph (10) supports paragraph (9) by requiring a provision that any amendment to a reinsurance agreement must be signed by the parties to the reinsurance agreement. Paragraph (10) is changed in response to a comment by deleting language that declared an amendment to a reinsurance agreement null and void if the amendment did not comply with this paragraph. The "null and void" language is not generally used and is unnecessary to effect this requirement. These provisions are generally used in reinsurance agreements so the new provisions codify standard practices that support the safe and efficient execution of reinsurance agreements. One commenter criticized the null and void provision in sec.7.611(10) and recommended it be deleted to make the rule consistent with the standard language governing amendments used in reinsurance contracts. The standard language states that any amendments must be in writing and executed by the parties. The agency agrees with the commenter and has deleted the language declaring any amendment not in writing to be null and void to avoid the expense of changing reinsurance agreements which would otherwise comply with the requirements to this new paragraph. Two comments were received in support of the proposed amendments. The Reinsurance Association of America objected to certain language in a proposed amendment. The American Council of Life Insurance and American General Corporation commented in support of the proposed amendments. Subchapter A. Examination and Corporate Custodian and Tax 28 TAC sec.7.27 The amendments are adopted under the authority of the Insurance Code, Articles 5.75-1, 3.10 and 1.03A and Government Code sec.sec.2001.004-2001.038. Articles 5.75-1(n) and 3.10 authorize the commissioner to adopt reasonable rules relating to the accounting and financial statement requirements and the treatment of reinsurance agreements between insurers, including asset debits or credits, reinsurance debits or credits, and reserve debits or credits relating to the transfer of risks or liabilities by reinsurance agreements and to any contingencies arising from reinsurance agreements. Article 1.03A authorizes the commissioner to determine rules for general and uniform application for the conduct and execution of the duties and functions of the department only as authorized by statute for general and uniform application. The Government Code, sec.sec.2001.004-20001.038, authorize each state agency to adopt rules of practice setting forth the nature and requirement of available procedures, and prescribe the procedures for adoption of rules by a state agency. The following articles of the Insurance Code are affected by these amendments: Article 3.10, sec.7.27. 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 June 9, 1995. TRD-9506982 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: June 30, 1995 Proposal publication date: March 10, 1995 For further information, please call: (512) 463-6327 Subchapter F. Reinsurance Credit for Reinsurance 28 TAC sec.7.611 The amendments are adopted under the authority of the Insurance Code, Articles 5.75-1, 3.10 and 1.03A and Government Code sec.sec.2001.004-2001.038 . Articles 5.75-1(n) and 3.10 authorize the commissioner to adopt reasonable rules relating to the accounting and financial statement requirements and the treatment of reinsurance agreements between insurers, including asset debits or credits, reinsurance debits or credits, and reserve debits or credits relating to the transfer of risks or liabilities by reinsurance agreements and to any contingencies arising from reinsurance agreements. Article 1.03A authorizes the commissioner to determine rules for general and uniform application for the conduct and execution of the duties and functions of the department only as authorized by statute for general and uniform application. The Government Code, sec.sec.2001.004-20001.038, authorize each state agency to adopt rules of practice setting forth the nature and requirement of available procedures, and prescribe the procedures for adoption of rules by a state agency. The following articles of the Insurance Code are affected by these amendments: sec.7.611-Articles 3.10 and 5.75-1. sec.7.611. Indemnity Reinsurance Agreements-Required Provisions. Credit will not be granted to a ceding insurer for reinsurance effected with assuming insurers meeting the requirements of the Insurance Code, Article 3.10 or Article 5.75-1, or otherwise in compliance with this subchapter unless the reinsurance agreement: (1)-(3) (No change.) (4) provides that the operation of any offsetting provisions shall be to limit offset to reinsurance agreements between the ceding insurer and the reinsurer. (5)-(7) (No change.) (8) provides that where payments are made to a reinsurance intermediary (intermediary) the reinsurer assumes all credit risk of the intermediary related to payments made to the intermediary. The following shall be deemed acceptable for evidencing compliance with this subsection: payments by the ceding insurer to the intermediary shall be deemed to constitute payments to the reinsurer and that payments by the reinsurer to the intermediary shall be deemed to constitute payment to the ceding insurer only to the extent that such payments are actually received by the ceding insurer; (9) includes a provision indicating that the written agreement shall constitute the entire agreement between the parties with respect to the business being reinsured thereunder and that there are no understandings between the parties other than as expressed in the agreement; (10) includes a provision whereby any change or modification to the agreement to be made by amendment to the agreement and signed by the parties; and (11) complies with any other Texas Department of Insurance rules in effect. 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 June 9, 1995. TRD-9506983 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: June 30, 1995 Proposal publication date: March 10, 1995 For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 53. Finance Selling Price of Departmental Information 31 TAC sec.53.3 The Texas Parks and Wildlife Commission, in a scheduled meeting held June 1, 1995, adopted an amendment to sec.53.3, concerning obsolete stamps and decals, with changes to the proposed text as published in the April 28, 1995, issue of the Texas Register (20 TexReg 3130). The change clarifies that the department may charge less than $75 for a complete set of 11 Non-game and Endangered Species Stamps, and less than $300 for the framed and mounted collector's set of the same stamps. The amendment is necessary to provide for the sale of and set the prices for obsolete Nongame and Endangered Species stamps, individually and in sets, to commemorate the tenth anniversary of the issuance of Nongame and Endangered Species stamps. The amendment functions by permitting the sale of obsolete Nongame and Endangered Species stamps to the public. No comments were received regarding adoption of the amendment. The amendment is adopted under the Parks and Wildlife Code, Chapter 11, Subchapter D, which authorizes the Texas Parks and Wildlife Department to sell wildlife art prints, decals, and stamps. sec.53.3. Obsolete Stamps and Decals. (a) Except for Nongame and Endangered Species stamps, obsolete stamps and decals shall be sold for informational purposes at face value, plus a processing charge sufficient to recover shipment, postage, and sales tax. (b) Except for Nongame and Endangered Species stamps, stamps and decals shall remain on sale for a maximum of one fiscal year after expiration. During the second year, obsolete stamps and decals, other than the Nongame and Endangered Species stamp, shall be sold only by book or sheet. (c) Previous issues of Nongame and Endangered Species stamps may be made available for sale at $10 for individual stamps or decals, and $75 or less for a complete set of the 11 stamps issued from 1985-1995. The Department may sell a limited number of collector's sets of the 11 stamps issued from 1985-1995, framed and mounted, for $300 or less per set. The Department may add to this price a processing charge sufficient to recover shipment, postage, and sales tax. The Department may give away earlier issues of decals and use previously issued stamps in merchandise items that are offered for sale or as promotional items. (d) The executive director may maintain a limited number of stamps and decals of each type and year. (e) All other obsolete stamps and decals shall be destroyed. This agency hereby certifies that rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on June 5, 1995. TRD-9506880 Paul Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: June 28, 1995 Proposal publication date: April 28, 1995 For further information, please call: (512) 389-4642 TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas Chapter 81. Insurance 34 TAC sec.81.5, sec.81.7 The Employees Retirement System of Texas adopts amendments to sec.81.5 and sec.81.7, concerning eligibility and enrollment, without changes to the proposed text as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3321). The amendments will clarify that surviving spouse and eligible dependent children of a member who dies with ten years of service credit will be eligible to continue participation in the Texas Employees Uniform Group Insurance Program (UGIP). Members and dependents in the UGIP will now be better informed of the eligibility requirements for surviving spouses and dependents. No comments were received regarding adoption of the amendments. The amendments are adopted under the Insurance Code, Article 3.50-2, sec.4, which provides the board of trustees with the authority to promulgate all rules, regulations, plans, procedures, and orders reasonably necessary to implement and carry out the purposes and provisions of the Texas Employees Group Insurance Benefits Act. 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 June 12, 1995. TRD-9507097 Charles D. Travis Executive Director Employees Retirement System of Texas Effective date: July 3, 1995 Proposal publication date: May 5, 1995 For further information, please call: (512) 867-3336 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 23. Vehicle Inspection Vehicle Inspection Station Licensing 37 TAC sec.sec.23.1-23.14, 23.16 The Texas Department of Public Safety adopts amendments to sec.sec.23.1-23.3, sec.sec.23.12-23.14, and sec.23.16; and new sec.sec.23.4-23.11, concerning vehicle inspection station licensing, without changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2812). The justification for the amendments will be a more efficient administration of the Motor Vehicle Inspection Program regarding consistency with existing statutes, clarity in identifying the types of inspection stations and a clearer interpretation of eligibility for inspector licensing following a criminal conviction. Amendments to sec.sec.23.1, 23.3, and 23.12-23.14 change license to certificate of appointment in order to make the rule consistent with authorizing statutes. Amendment to sec.23.3 deletes specific requirements for commercial inspection stations and adds governmental vehicle inspection station requirements. Amendment to sec.23.16 simplifies the interpretation of the date in which a person can be certified to become a vehicle inspector following a criminal conviction. The department is proposing new sec.sec.23.4-23.11 to accommodate the changes in station endorsements, certificates of appointment, display area, station sign, and manpower due to substantive amendments and adding new sections. This action is filed simultaneous with an adoption for repeal of existing sections concerning classification of stations, station licenses, station signs, display area, and manpower. The new sections clarify actual classes of stations, adds language of endorsements to clarify types of inspections and makes the rule consistent with authorizing statutes. No comments were received regarding adoption of the amendments and new sections. The amendments and new sections are adopted under Texas Civil Statutes, Article 6701d, Article XV, sec.142(c), which provide the Texas Department of Public Safety with the authority to adopt rules necessary for the administration and enforcement of this Act. 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 May 25, 1995. TRD-9507100 James R. Wilson Director Texas Department of Public Safety Effective date: July 3, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 465-2890 37 TAC sec.sec.23.4-23.10 The Texas Department of Public Safety adopts the repeal of sec.sec.23.4-23.10, concerning vehicle inspection station licensing, without changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2815). The department is repealing existing standards for vehicle inspection station licensing to change language in order to comply with existing statutory requirements. The repeal of these sections are necessary due to substantial amendments. This action is being filed with simultaneous adoption of new sections concerning vehicle inspection station licensing. No comments were received regarding adoption of the repeals. The repeals are adopted pursuant to Texas Civil Statutes, Article 6701d, Article XV, sec.142(c), which provide the Texas Department of Public Safety with the authority to adopt rules necessary for the administration and enforcement of this Act. 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 May 25, 1995. TRD-9507102 James R. Wilson Director Texas Department of Public Safety Effective date: July 3, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 465-2890 General Inspection Requirements 37 TAC sec.23.26 The Texas Department of Public Safety adopts an amendment to sec.23.26, concerning general inspection requirements, without changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2815). The justification for the amendment will be clarification in identifying actual classes of stations and types of inspections. The department adopts the amendment which removes trailer and motorcycle classifications for inspection stations and requires public inspection stations to have vehicle endorsements (trailer, motorcycle, commercial) for the type of vehicles they inspect. Subparagraph (C) is deleted. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6701d, Article XV, sec.142(c), which provide the Texas Department of Public Safety with the authority to adopt rules necessary for the administration and enforcement of this Act. 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 May 25, 1995. TRD-9507101 James R. Wilson Director Texas Department of Public Safety Effective date: July 3, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 465-2890 Inspection Items, Procedures, and Requirements 37 TAC sec.23.42 The Texas Department of Public Safety adopts an amendment to sec.23.42, concerning inspection items, procedures, and requirements, without changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2816). The justification for the amendment will be to avoid any unnecessary expenses for those institutions who maintain in-house vehicle inspections. The department adopts the amendment which amends subsection (e) to also include exempting fleet stations from those inspection stations that must inspect sunscreening devices (glass tinting) upon providing the department annual written certification that the fleet station has no vehicles equipped with a sunscreening device. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6701d, Article XV, sec.142(c), which provide the Texas Department of Public Safety with the authority to adopt rules necessary for the administration and enforcement of this Act. 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 May 25, 1995. TRD-9507103 James R. Wilson Director Texas Department of Public Safety Effective date: July 3, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 465-2890 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part II. Texas Rehabilitation Commission Chapter 111. Deaf-Blind Multihandicapped Program 40 TAC sec.sec.111.1-111.4 The Texas Rehabilitation Commission (TRC) adopts the repeal of sec.sec.111. 1- 111.4, concerning the Deaf-Blind Multihandicapped Program, without changes to the proposed text as published in the March 24, 1995, issue of the Texas Register (20 TexReg 2196). The justification for these repeals are to replace them with new sections including a new Medicaid waiver program. No comments were received regarding adoption of the repeals. The repeals are adopted pursuant to the Texas Human Resource Code, Title 7, sec.111.018, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section as necessary to carry out the purpose of this chapter. The repeals implement Title 7, Chapter 113, of the Vernon's Texas Code Annotated, sec.113.001. 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 May 9, 1995. TRD-9506864 Charles W. Schiesser General Counsel, Office of the General Counsel Texas Rehabilitation Commission Effective date: July 3, 1995 Proposal publication date: March 24, 1995 For further information, please call: (512) 483-4051 Chapter 111. Medicaid Waiver Program for People with Deaf-Blindness and Multiple Disabilities 40 TAC sec.sec.111.1-111.13 The Texas Rehabilitation Commission (TRC) adopts new sec. sec.111.1-111.13, concerning the Medicaid Waiver Program for People with Deaf-Blindness and Multiple Disabilities. Section 111.13 is adopted with changes to the proposed text as published in the March 24, 1995, issue of the Texas Register (20 TexReg 2196). Sections 111.1-111.12 are adopted without changes and will not be republished. The justification for the adopted new rules are that new sections will include a medicaid waiver program. Proposed Title for Chapter 111 was published with the word "Multiples" and it should read "Multiple". During the public comment period, one comment was received from Health and Human Services Commission. A summary of the comment follows: COMMENT: Under sec.111.13. Provider Requirements. The following should be deleted Beginning December 1, 1991. The new rules are adopted under Texas Human Resources Code, Title 7, sec.111. 018, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section as necessary to carry out the purpose of this chapter. The new rules implement Title 7, Chapter 113, of the Vernon's Texas Code Annotated, sec.113.001. sec.111.13. Provider Requirements. Program providers must comply with the Omnibus Budget Reconciliation Act of 1990, 42 United States Code, sec.1396a(w)(1), regarding advanced directives under state plans for medical assistance. 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 June 12, 1995. TRD-9507114 Charles W. Schiesser General Counsel, Office of the General Counsel Texas Rehabilitation Commission Effective date: July 3, 1995 Proposal publication date: March 24, 1995 For further information, please call: (512) 483-4051 Part IX. Texas Department on Aging Chapter 251. Support Documents 40 TAC sec.251.13 The Texas Department on Aging adopts the repeal of sec.251.13, concerning the Memorandum of Understanding Between Texas Department on Aging, Texas Department of Human Services, Texas Department of Health, and Texas Mental Health and Mental Retardation, without changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 2999). This action is necessary as this rule no longer is applicable to the operations of the state agencies concerned. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this proposed action. 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507007 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727 Chapter 260. Area Agency on Aging Administrative Requirements 40 TAC sec.260.1 The Texas Department on Aging adopts an amendment to sec.260.1, concerning compliance by area agencies with the provisions of Section 504, Rehabilitation Act of 1973 as amended and the proper identification of area agencies on aging to assure clear visibility of this activity in Texas, without changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 300). This action relocates these rules into the new numbering scheme of the Texas Department on Aging's rules. No comments were received regarding the adoption of this amendment. The amendment is adopted under Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this action. sec.260.1. Area Agency on Aging Administrative Requirements. (a)-(e) (No change. )(f)Targeting Service Delivery.(1) (No Changes)(2)Scope.These rules shall apply to all area agencies. (A)-(B) (No changes) (C)All area agencies shall comply with the provisions of Section 504, Rehabilitation Act of 1973, as amended.(g) - (l)(No changes) (m)Identification of Area Agency on Aging Facilities.Language will be prominently displayed on a sign outside the location utilized as an area agency on aging indicating the name of the area agency on aging to assure clearly visible access to persons wishing to visit the physical location of the area agency on aging.(1)This sign will adhere to local ordinances concerning signs.(2)The sign will also conform to the uniform logo requirements for Area Agencies on Aging prescribed in subsection (h)(1) of this section (relating to use of logos).(3)The sign will also conform to the citation requirements of the Texas Department on Aging as the primary funding source as prescribed in subsection (j) of this section (relating to identification of funding sources).(4)Failure to physically demonstrate adherence to this policy will be considered noncompliance with this rule. 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507009 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727 40 TAC sec.260.2 The Texas Department on Aging adopts an amendment to sec.260.2, concerning adequate proportion of funding for supportive services categories, with changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 3001). The purpose of this action is revise and relocate this rule according to the new numbering scheme of the Department. Several comments were received on this rule.The commenter suggested additional wording in paragraph (4) relating to changes in the local adequate proportion funding level. The Department concurs with the recommended additional language and has amended the paragraphs accordingly. The Texas Association of Regional Councils commented on this rule. The amendment is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this proposed action. sec.260.2. Area Agency on Aging Fiscal Responsibility. (a) - (g) (No change.) (h) Expenditure of adequate proportion of funding for support services categories. Each area agency grantee shall establish an adequate proportion of the funding they receive under Title III, Part B, of the Older Americans Act, as amended, for support services, to be expended to comply with the Act, sec.306 (a)(2) (Public Law 89-73), and shall include such levels and justification for setting these levels in the area plan or area plan amendment, as appropriate. (1) adequate proportion of funding for support services shall include each of the following support services categories and their designated services: (A) services associated with access to services - (transportation, outreach, information and assistance, and case management services); (B) in-home services (homemaker and home health aides, visiting and telephone reassurance, chore maintenance, and supportive services for families of older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction); and (C) legal assistance (2) In determining the adequate proportion of funding for each of these categories, the area agency grantee shall: (A) analyze information obtained through the local needs assessment conducted for the area plan or area plan amendment; (B) analyze the availability and accessibility of non-Older Americans Act resources in the region to meet those needs; (C) take into consideration the views of the elderly and their caregivers concerning the need and accessibility of available resources; and (D) include information and discussion of the proposed levels for expending an adequate proportion of support service funds in a public hearing held for the area plan or area plan amendment, as appropriate. (3) The area plan shall indicate the level of adequate proportion for each of the support service categories as a percentage of the Title III, Part B funding and a narrative description of each criteria listed in paragraph (2) of this subsection. (4) An area agency grantee may propose a change in the local adequate proportion funding level for any of the support service categories at the beginning of the fiscal year; but not during the course of the fiscal year of an approved area plan or area plan amendment. Appropriate justification to change the level of funding shall be submitted using either; (A) criteria listed in paragraph (2) of this subsection by describing and documenting changes in the conditions of the service delivery system in the region which resulted in the need for such change, or (B) that a change in funds received from the state or other funding sources due to a new funding formula, which was a result of a revision in the census information from which allocations are determined. (5) Area agency grantees may seek a waiver from setting and expending an adequate proportion of Title III, Part B funds for these support service categories. (A) Such a waiver shall be submitted with the area plan or area plan amendment prior to the effective fiscal year. Waivers will not be reviewed or approved during the fiscal year for which the area agency grantee has an approved area plan or area plan amendment. (B) The burden of proof that an adequate supply of support services in these categories is available in the region is the responsibility of the area agency grantee when applying for such a waiver. (C) Separate waiver requests shall be submitted for each category of support services for which a waiver is sought and must include appropriate justification using the criteria listed in paragraph (2) of this subsection. (D) At least one public hearing shall be held on the area plan or area plan amendment containing a request for waiver of this requirement. The area agency grantee shall notify all interested parties in the area of the public hearing and provide them with an opportunity to testify. 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507010 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727 Chapter 268. Adequate Proportion of Priority Services Statutes and Regulations 40 TAC sec.sec.268.1, 268.3, 268.5, 268.6, 268.7, 268.9, 268.11, 268.13 The Texas Department on Aging adopts the repeal of sec. sec.268.1, 268.3, 268.5, 268.6, 268.7, 268.9, 268.11, 268.13, concerning adequate proportion of priority services, without changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 3002). This action is necessary to relocate this section elsewhere in the Texas Administrative Code according to the new numbering scheme of the Department. No comments were received on regarding adoption of these repeals. The repeals are adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this proposed action. sec.268.1.Adequate Proportion of Funding for Supportive Service Categories sec.268.3.Priority Services Categories sec.268.5.Adequate Proportion sec.268.6. Possible Reduction of Minimum Percentages Required To Be Expended sec.268.7. Waiver of the Requirement to Provide an Adequate Proportion of Funding for Priority Services sec.268.9.Procedures for Granting a Waiver sec.268.11.Waivers sec.268.13.Effective Date of Adequate Proportion Policy 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507011 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727 Chapter 270. General Service Requirements 40 TAC sec.270.1 The Texas Department on Aging adopts an amendment to sec.270.1, relating to the no smoking policy in facilities and vehicles funded in whole or in part by the Older Americans Act and/or the Department, without changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 3002). The purpose of this action is to provide consistent language with the smoking policy appearing in sec.270.21 of this section, relating to Senior Center Requirements. No comments were received regarding adoption of the amendment. The amendment is adopted under Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this action. sec.270.1.General service requirements. (a) - (m) (No changes)(n)No Smoking Policy. The Surgeon General of the United States has determined that the smoking of tobacco constitutes a health hazard. Smoking of tobacco is prohibited during the hours of operation of senior programs and in footage designated for senior activities funded by the Department. 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507012 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727 Chapter 277. Monitoring Retired Senior Volunteer Programs Statutes and Regulations 40 TAC sec.sec.277.1-277.4 The Texas Department on Aging adopts the repeal of sec. sec.277.1 - 277.4, concerning monitoring of retired senior volunteer programs, without changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 3003). The purpose of this action is to revise and relocate this section elsewhere in the Texas Administrative Code. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this action. sec.277.1.Program Definition sec.277.2.Program Monitoring by the Texas Department on Agingsec.277.3.Program Monitoring Guide for RSVP Grantees sec.277. 4.Program Review 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507013 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727 Chapter 279. Implementation of Section 504, Rehabilitation Act of 1973 Policies and Procedures Statutes and Regulations 40 TAC sec.sec.279.1-279.4 The Texas Department on Aging adopts the repeal of sec. sec.279.1 - 279.4, concerning the implementation of Section 504, Rehabilitation Act Of 1973, as amended, without changes to the proposed text as published in the April 21, 1995, issue of the Texas Register (20 TexReg 3003). This section was revised and relocated elsewhere in the Texas Administrative Code in accordance with the program to revise and republish rules pertaining to the Department. No comments were received regarding adoption of the repeals. The repeals are adopted under Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this action. sec.279.1.Background sec.279.2.Policysec.279.3.Compliance sec.279.4.Complaint Procedures 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 authority. Issued in Austin, Texas, on June 9, 1995. TRD-9507014 Mary Sapp Executive Director Texas Department on Aging Effective date: June 30, 1995 Proposal publication date: April 21, 1995 For further information, please call: (512) 444-2727