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 1. ADMINISTRATION Part XII. Advisory Commission on State Emergency Communications Chapter 251. Regional Plans-Standards 1 TAC sec.251.3 The Advisory Commission on State Emergency Communications (ACSEC) adopts an amendment to sec.251.3, concerning Guidelines for Addressing Funds, without changes to the proposed text as published in the May 9, 1995, issue of the Texas Register (20 TexReg 3405). The amendment to sec.251.3 proposes to offer a choice to local governments participating in addressing projects through this amendment. If the addressing can be completed within 75% of eligible costs, then local government match is waived. If the project cannot be completed within 75% of eligible cost, then match is required. Three effects of this adoption are expected: the total estimated addressing cost to a county may decrease by 25%, local funds may not be needed for addressing activities, and last, addressing may experience fewer delays toward completion. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Health and Safety Code, Chapter 771, sec.sec.771.051, 771.056, and 771.057, which provides the Advisory Commission on State Emergency Communications with the authority to develop and amend a regional plan that meets standards set for the operation of prompt and efficient 9-1-1 services throughout a region. Street addresses are essential to E9-1-1 systems utilizing the Automatic Location Identifier feature which displays locations of 9-1-1 callers. 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 October 4, 1995. TRD-9512591 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: October 25, 1995 Proposal publication date: May 9, 1995 For further information, please call: (512) 305-6911 26> TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Texas Commission on Jail Standards Chapter 259. New Construction Rules The Commission on Jail Standards adopts amendments to sec. sec.259.135, 259. 136, 259.330, 259.331, 259.430, 259.431, 259.510, and 259.610, concerning New Construction Rules, with changes to the proposed text as published in the September 1, 1995, issue of the Texas Register (20 TexReg 6804). Adoption of these rules will make the standards consistent with newly adopted statutes regarding congegration of inmates in dormitories and day rooms. The rules function to allow up to 48 inmates to congregate in one cell/day room. No comments were received regarding adoption of the amendments. New Jail Design, Construction and Furnishing Requirements 37 TAC sec.259.135, sec.259.136 The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.135. Dormitories. Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories. Dormitories with contiguous day rooms in direct supervision facilities may exceed 40% of the facility capacity. sec.259.136. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, detoxification cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the cell. 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 October 2, 1995. TRD-9512531 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> New Medium-Risk Design, Construction and Furnishing Requirements 37 TAC sec.259.330, sec.259.331 The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.330. Dormitories. Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories. sec.259.331. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the cell. 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 October 2, 1995. TRD-9512532 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> New Low-Risk Design, Construction and Furnishing Requirements 37 TAC sec.259.430, sec.259.431 The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.430. Dormitories. Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories. sec.259.431. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided. 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 October 2, 1995. TRD-9512533 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> Temporary Housing-Tents 37 TAC sec.259.510 The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.510. Capacity. Maximum capacity of a tent shall not exceed 48 inmates. 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 October 2, 1995. TRD-9512534 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> Temporary Housing-Buildings 37 TAC sec.259.610 The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.259.610. Capacity. Maximum capacity of any living area shall not exceed 48 inmates. 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 October 2, 1995. TRD-9512535 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> Chapter 260. County Correctional Centers 37 TAC sec.260.131, sec.260.132 The Commission on Jail Standards adopts amendments to sec.260.131 and sec.260.132, regarding New Construction Rules, with changes to the proposed text as published in the September 1, 1995, issue of the Texas Register (20 TexReg 6806). Adoption of these rules will make the standards consistent with newly adopted statutes regarding congegration of inmates in dormitories and day rooms. The rules function to allow up to 48 inmates to congregate in one cell/day room. No comments were received regarding adoption of the amendments. The amendments are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.260.131. Dormitories. Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories. sec.260.132. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 48 offenders. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first offender plus 18 square feet of clear floor space for each additional offender; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with offender living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the cell. 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 October 2, 1995. TRD-9512536 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> Chapter 291. Services and Activities 37 TAC sec.291.3 The Commission on Jail Standards adopts an amendment to sec.291.3, concerning Services and Activities, with changes to the proposed text as published in the September 1, 1995, issue of the Texas Register (20 TexReg 6806). Adoption of this rule will make the standards consistent with a newly adopted statute changing the required frequency of commissary audits. It will also require counties submit commissary audits to the commission. The rule functions to require commissary audits be conducted and submitted to the commission on a yearly basis instead of quarterly. No comments were received regarding adoption of the amendment. The amendment is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance and operation of county jails. sec.291.3. Inmate Commissary Plan. Each facility shall have and implement a written plan, approved by the commission, governing the availability and use of an inmate commissary which allows for the purchase of hygiene items and sundries. The plan shall: (1)-(3) (No change.) (4) provide for yearly audits by the county auditor in accordance with the Local Government Code, sec.351.0415. The audits shall be submitted to the commission not later than ten days following completion; and (5) (No change.) 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 October 2, 1995. TRD-9512537 Jack E. Crump Executive Director Commission on Jail Standards Effective date: October 23, 1995 Proposal publication date: September 1, 1995 For further information, please call: (512) 463-5505 26> TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled 1915(c) Medicaid Home and Community-based Waiver Services for Aged and Disabled Adults Who Meet Criteria for Alternatives to Nursing Facility Care 40 TAC sec.sec.48.6003, 48.6009, 48.6015 The Texas Department of Human Services (DHS) adopts amendments to sec.48. 6003 and sec.48.6009, and new sec.48.6015. Section 48.6003 is adopted with changes to the proposed text as published in the August 22, 1995, issue of the Texas Register (20 TexReg 6402). Section 48.6009 and sec.48.6015 are adopted without changes and will not be republished. The justification for the amendments and new section is that more applicants will qualify for the program, and the program will be able to serve the number of clients projected in the Appropriations Act. The amendments and new section will function by allowing greater flexibility in the development of the care plan, to clarify that the term "level of care" criteria means "medical necessity" criteria for nursing facility care, to delete the requirements that are more stringent than nursing facility criteria, to clarify the method of copayment calculation for couples, and to specify the method of calculation of room and board amounts. No comments were received regarding adoption of the amendments and new section. The department, however, has initiated a change in the proposed text of sec.48.6003 to correct references to sec.19.2409, relating to general qualifications for medical necessity determinations, and sec.19.2410, relating to criteria specific to a medical necessity determination. The amendments and new section are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments and new section implement the Human Resources Code, sec.sec.22. 001-22.024 and sec.sec.32.001-32.040. sec.48.6003. Client Eligibility Criteria. (a) To be determined eligible by the Texas Department of Human Services (DHS) for the 1915(c) Medicaid waiver program provided as an alternative to care in a nursing facility, an applicant must: (1) (No change.) (2) meet the level-of-care criteria for medical necessity for nursing facility care in accordance with sec.19.2409 and sec.19.2410 of this title (relating to General Qualifications for Medical Necessity Determinations and Criteria Specific to a Medical Necessity Determination); (3)-(4) (No change.) (5) have an individual plan of care for waiver services as specified in sec.48.6006 of this title (relating to Individual Plan of Care for Waiver Services) whose cost does not exceed 95% of the individual's actual Texas Index for Level of Effort payment rate; (6) meet the financial eligibility criteria for waiver services as specified in sec.48.6007 of this section (relating to Financial Eligibility Criteria); and (7) have ongoing needs for waiver services whose projected costs, as indicated on the Individual Plan of Care, do not exceed the maximum service ceilings set for those services as listed below: (A) Adaptive Aids and Medical Supplies service category cannot exceed $10,000 per individual per Individual Plan of Care year without approval by the waiver manager; (B) minor home modifications service category cannot exceed $7500 per individual without approval by the waiver manager; (C) respite care cannot exceed 30 days per individual per Individual Plan of Care year without approval by the waiver manager; and (8) receive waiver services within 30 days after waiver eligibility is established. (b)-(c) (No change.) 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 October 3, 1995. TRD-9512576 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 24, 1995 Proposal publication date: August 22, 1995 For further information, please call: (512) 438-3765 26>