TITLE 1. ADMINISTRATION

PART 2. TEXAS ETHICS COMMISSION

CHAPTER 6. ORGANIZATION AND ADMINISTRATION

SUBCHAPTER B. OFFICERS AND EMPLOYEES OF THE COMMISSION

1 TAC §6.21

The Texas Ethics Commission (the commission) adopts an amendment to Texas Ethics Commission Rules §6.21, regarding the election and authority of the presiding officers. The amendment is adopted without changes to the proposed text as published in the April 14, 2017, issue of the Texas Register (42 TexReg 1983), and will not be republished.

Section 571.023 of the Government Code requires the members of the commission to elect annually the presiding officer of the commission. Commission Rules §6.21 currently requires the election of a presiding officer and a vice-presiding officer (chair and vice-chair) at the first meeting scheduled after November 19 of each year. The rule also specifies certain duties of the presiding officer.

The rule amendment would make the following substantive changes to facilitate transitions between presiding officers and to more clearly define the powers of the presiding officer:

1. The presiding officer and vice-presiding officer would be elected at the first meeting held after June 1 of each year.

2. The presiding officer and vice-presiding officer would be elected from different political party caucus lists.

3. A new presiding officer should be elected from a political party caucus list that is different from the list of the former presiding officer.

4. The presiding officer may perform certain actions, such as signing previously approved subpoenas and orders, scheduling hearings and meetings, and responding to litigation matters.

5. The presiding officer may appoint a commissioner as chair pro tem to preside over a hearing.

No public comments were received on this amended rule.

The amendment to §6.21 is adopted under Texas Government Code §571.062, which authorizes the commission to adopt rules to administer Chapter 571 of the Government Code, and in conjunction with Texas Government Code §571.023 and §571.075.

The amendment to §6.21 affects Tex. Gov’t Code §571.023 and §571.075.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 23, 2017.

TRD-201702056

Seana Willing

Executive Director

Texas Ethics Commission

Effective date: June 12, 2017

Proposal publication date: April 14, 2017

For further information, please call: (512) 463-5800


PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 355. REIMBURSEMENT RATES

SUBCHAPTER H. REIMBURSEMENT METHODOLOGY FOR 24-HOUR CHILD CARE FACILITIES

1 TAC §355.7103

The Texas Health and Human Service Commission (HHSC) adopts amended §355.7103, concerning Rate-Setting Methodology for 24-Hour Residential Child-Care Reimbursements. The amended rule is adopted without changes to the proposed text published in the March 3, 2017, issue of the Texas Register (42 TexReg 851).

BACKGROUND AND JUSTIFICATION

HHSC, under its authority and responsibility to administer and implement rates, adopts amendments to this rule to reflect the correct reimbursement methodology for child-placing agency (CPA) retainage. The 2016-17 General Appropriations Act (DFPS Rider 42, Article II, H.B. 1, 84th Legislature, Regular Session, 2015) provides appropriations for a 5.1 percent rate increase for CPA retainage. Retainage is the portion of the rate that includes the CPA’s costs for administering the service, including recruiting and training foster families, matching children with foster families, monitoring foster families and foster homes, and the associated overhead costs. The rate increase was to be 5.1 percent when weighted across all service levels, meaning that the rates for different service levels could increase by different amounts, as long as the weighted average increase for all CPA retainage rates equaled 5.1 percent. However, the previous amendment (adopted in the August 21, 2015, issue of the Texas Register) applied the 5.1 percent rate increase equally to all levels of service.

This amendment corrects the reimbursement methodology to apply specific CPA retainage percentage rate increases to each service level. The percentage rate increases in this amendment were determined in concert with the Department of Family and Protective Services based upon access-to-care needs, cost report data, and stakeholder input.

COMMENTS

The 30-day comment period ended April 3, 2017. During this period, HHSC did not receive any comments regarding the amended rule.

STATUTORY AUTHORITY

The amended rule is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 22, 2017.

TRD-201702050

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: June 11, 2017

Proposal publication date: March 3, 2017

For further information, please call: (512) 707-6066