Transcription
Volume 39 Number 4January 24, 2014Pages 331 – 442
School children's artwork is used to decorate the front cover and blank filler pages ofthe Texas Register. Teachers throughout the state submit the drawings for students ingrades K-12. The drawings dress up the otherwise gray pages of the Texas Register andintroduce students to this obscure but important facet of state government.The artwork featured on the front cover is chosen at random. Inside each issue, theartwork is published on what would otherwise be blank pages in the Texas Register.These blank pages are caused by the production process used to print the Texas Register.Texas Register, (ISSN 0362-4781, USPS 120-090), is published weekly (52times per year) for 211.00 ( 311.00 for first class mail delivery) by LexisNexisMatthew Bender & Co., Inc., 1275 Broadway, Albany, N.Y. 12204-2694.Material in the Texas Register is the property of the State of Texas. However, itmay be copied, reproduced, or republished by any person without permission ofthe Texas Register director, provided no such republication shall bear the legendTexas Register or "Official" without the written permission of the director.The Texas Register is published under the Government Code, Title 10, Chapter2002. Periodicals Postage Paid at Albany, N.Y. and at additional mailing offices.POSTMASTER: Send address changes to the Texas Register, 136 Carlin Rd.,Conklin, N.Y. 13748-1531.Secretary of State –Nandita BerryDirector – Dan Proctera section of theOffice of the Secretary of StateP.O. Box 13824Austin, TX 78711-3824(512) 463-5561FAX (512) te.tx.usStaffLeti BenavidesDana BlantonElaine CreaseKris HoganJill S. LedbetterLaura LimasJoy L. MorganBarbara StricklandS. Gail WoodsMirand Zepeda
IN THIS ISSUEATTORNEY GENERALRequests for Opinions.335PROPOSED RULESOFFICE OF THE ATTORNEY GENERALOUTSIDE COUNSEL CONTRACTS1 TAC §57.4, §57.5 .337TEXAS HEALTH AND HUMAN SERVICESCOMMISSIONTEXAS HEALTH AND HUMAN SERVICESCOMMISSIONMEDICAID HEALTH SERVICES1 TAC §354.1416 .395REIMBURSEMENT RATES1 TAC §355.9070 .395TEXAS DEPARTMENT OF AGRICULTUREPESTICIDESCOORDINATED PLANNING AND DELIVERY OFHEALTH AND HUMAN SERVICES4 TAC §7.22, §7.25 .3961 TAC §351.3 .338TEXAS STATE LIBRARY AND ARCHIVESCOMMISSIONMEDICAID HEALTH SERVICES1 TAC §354.1177 .343REIMBURSEMENT RATES4 TAC §7.125, §7.126 .397GENERAL POLICIES AND PROCEDURES13 TAC §2.119 .3991 TAC §355.8441 .34513 TAC §2.310 .399MEDICAID AND CHIP ELECTRONIC HEALTHINFORMATION13 TAC §2.512 .3991 TAC §356.202 .348DEPARTMENT OF AGING AND DISABILITYSERVICESMEDICAID AND OTHER HEALTH AND HUMANSERVICES FRAUD AND ABUSE PROGRAM INTEGRITY1 TAC §§371.1301, 371.1303, 371.1305, 371.1307, 371.1309 .35113 TAC §2.711 .400INTEGRATED CARE MANAGEMENT §1915(c)WAIVER SERVICES1 TAC §§371.1601, 371.1603, 371.1605, 371.1607, 371.1609,371.1611, 371.1613, 371.1615, 371.1617.35240 TAC §§53.101, 53.103, 53.105, 53.107, 53.109, 53.111, 53.113 4001 TAC §§371.1653, 371.1655, 371.1659, 371.1663, 371.1667,371.1669 .36240 TAC §53.301 .4011 TAC §§371.1703, 371.1705, 371.1707, 371.1709, 371.1711,371.1713, 371.1715, 371.1717, 371.1719 .368TEXAS EDUCATION AGENCYASSESSMENT19 TAC §101.3017 .38119 TAC §101.3031 .382TEXAS DEPARTMENT OF INSURANCETITLE INSURANCE40 TAC §§53.201, 53.203, 53.205, 53.209, 53.211, 53.213 .40140 TAC §§53.401, 53.403, 53.405, 53.407, 53.409, 53.411, 53.413,53.415, 53.417 .40140 TAC §53.501 .40140 TAC §§53.601, 53.603, 53.605, 53.607, 53.609, 53.611, 53.613,53.615, 53.617, 53.619 .40240 TAC §§53.701, 53.703, 53.705, 53.707, 53.709, 53.711, 53.713,53.715, 53.717 .40240 TAC §§53.731, 53.733, 53.735, 53.737, 53.739, 53.741, 53.743,53.745, 53.747, 53.749, 53.751, 53.753, 53.755 .40240 TAC §53.761, §53.763 .40228 TAC §§9.11, 9.21, 9.30, 9.31, 9.40 .38440 TAC §53.771 .40328 TAC §9.501 .38440 TAC §53.781, §53.783 .403TEXAS JUVENILE JUSTICE DEPARTMENT40 TAC §§53.791, 53.793, 53.795, 53.797, 53.799, 53.801 .403RULES FOR STATE-OPERATED PROGRAMS ANDFACILITIES40 TAC §53.811 .40337 TAC §380.9337 .38537 TAC §380.9337 .385ADOPTED RULES40 TAC §53.821 .40440 TAC §53.831 .40440 TAC §§53.841, 53.843, 53.845, 53.847, 53.849, 53.851 .40440 TAC §§53.861, 53.863, 53.865, 53.867, 53.869, 53.871, 53.873,53.875, 53.877, 53.879, 53.881, 53.883 .404TABLE OF CONTENTS39 TexReg 333
40 TAC §53.891, §53.893 .40540 TAC §§53.901, 53.903, 53.905, 53.907, 53.909, 53.911 .40540 TAC §§53.921, 53.923, 53.925, 53.927, 53.929 .40540 TAC §53.931 .40640 TAC §53.941 .40640 TAC §§53.1001, 53.1003, 53.1005, 53.1007, 53.1009, 53.1011 40640 TAC §§53.1101, 53.1103, 53.1105, 53.1107, 53.1109, 53.1111,53.1113, 53.1115, 53.1117, 53.1119.40640 TAC §§53.1201, 53.1203, 53.1205, 53.1207, 53.1209, 53.1211 407Notice and Opportunity to Comment on Requests for ConsistencyAgreement/Concurrence Under the Texas Coastal Management Program .425Notice of Approval of Coastal Boundary Survey .425Notice of Approval of Coastal Boundary Survey .426Texas Health and Human Services CommissionNotice of Public Hearing on Proposed Community Based AlternativesPersonal Attendant Services and Associated Consumer Directed Services Payment Rates .426RULE REVIEWNotice of Public Hearing on Proposed Medicaid Payment Rates for2014 Annual Healthcare Common Procedure Coding System Updatesfor Clinical Diagnostic Laboratory Services.427Adopted Rule ReviewsDepartment of State Health ServicesTexas Department of Insurance .409Texas Department of Public Safety.410Notice of Certification of Nonprofit Hospitals or Hospital Systems forLimited Liability .427IN ADDITIONTexas Higher Education Coordinating BoardTexas Department of AgricultureNotice of Intent to Engage in Negotiated Rulemaking - Capital Projects(Public Universities, Health-Related Institutions, Technical and StateColleges Only) .428Request for Applications: Rural Communities Health Care InvestmentProgram. 411Comptroller of Public AccountsCertification of the Average Taxable Price of Gas and Oil - December2013 .412Notice of Intent to Engage in Negotiated Rulemaking - Texas Educational Opportunity Grants (Public Community, Technical, and StateColleges Only) .429Texas Department of InsuranceNotice of Request for Proposals .412Company Licensing .429Office of Consumer Credit CommissionerTexas Lottery CommissionNotice of Rate Ceilings .413Instant Game Number 1591 "White Ice 8's" .430Texas Education AgencyInstant Game Number 1632 "Bonus Break the Bank".434Notice of Correction: Request for Applications Concerning the 20142016 Online College and Career Preparation Technical Assistance Program, Cycle 3 .413Public Utility Commission of TexasRequest for Applications Concerning Adult Education Charter SchoolPilot Program Guidelines and Application .413Request for Applications Concerning Open-Enrollment Charter Guidelines and Application .414Texas Commission on Environmental QualityAgreed Orders .415Enforcement Orders .418Notice of Application and Opportunity to Request a Public Meeting fora New Municipal Solid Waste Facility Registration Application Number 40281 .422Notice of Water Quality Applications.423Proposal for Decision.424Texas Facilities CommissionRequest for Proposals #303-5-20422.425General Land OfficeTABLE OF CONTENTS 39 TexReg 334Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority .438Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority .439Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line.439Notice of Petition for Restoration of Universal Service Funding .439Texas Department of TransportationPublic Hearing Notice - Statewide Transportation Improvement Program .439Public Notice - Public Hearing, Webb County-City of Laredo RegionalMobility Authority .440The Texas A&M University SystemNotice of Sale of Oil and Gas Lease .441Workforce Solutions Brazos Valley BoardNotice of Release of Request for Proposals for Workforce InvestmentAct Youth In-School Machinist Training Services .441
Requests for OpinionsBriefs requested by February 3, 2014RQ-1178-GAFor further information, please access the website atwww.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.Requestor:TRD-201400130Katherine CaryGeneral CounselOffice of the Attorney GeneralFiled: January 15, 2014The Honorable Kenda CulpepperCriminal District AttorneyRockwall County Courthouse1111 East Yellowjacket Lane, Suite 201 Rockwall, Texas 75087 Re: Authority of the Rockwall County Juvenile Board over policy matters of the juvenile probation department, including the adoption of apersonnel manual (RQ-1178-GA)ATTORNEY GENERAL January 24, 2014 39 TexReg 335
TITLE 1. ADMINISTRATIONPART 3. OFFICE OF THE ATTORNEYGENERAL(b) The Request for Qualifications for Outside Counsel publication must contain:(1) a description of the legal services that the OutsideCounsel will provide;(2) the name and contact information for an Agency employee who should be contacted by an attorney or law firm that intendsto submit their qualifications;CHAPTER 57. OUTSIDE COUNSELCONTRACTS(3)1 TAC §57.4, §57.5The Office of the Attorney General (OAG) proposes amendments to Chapter 57, §57.4 and §57.5, relating to OAG processregarding the approval of outside counsel contracts and reviewof invoices.The proposed amendments will provide a formalized process forthe disclosure of potential conflicts of interest by selected outsidecounsel.Katherine Cary, the OAG's General Counsel, has determinedthat for the first five-year period the amendments to §57.4 and§57.5 are in effect there will be no fiscal implications for stateor local government as a result of enforcing or administering theamended sections.Katherine Cary has determined that for each of the first fiveyears following the adoption of the amendments to §57.4 and§57.5, the anticipated public benefit of the proposed amendments will be to increase the state's effective and efficient reviewof outside counsel contracts for potential conflicts of interests.Also, the General Counsel has determined that the proposedamendments are not likely to have an adverse economic impacton micro-business or small business. There is no anticipatedeconomic cost to persons who are required to comply with theamendments as proposed.Written comments on the proposed amendments should be submitted to OAG General Counsel at: general.counsel@texasattorneygeneral.gov. Written comments on the proposed amendments must be submitted no later than 30 days from the date ofthis publication.The amendments are proposed in accordance with Texas Government Code §402.0212, which requires the OAG to set procedures for approving outside counsel contracts, reviewing outsidecounsel invoices and charging an administrative fee to outsidecounsel.No other code, article, or statute is affected by this proposal.§57.4. Request for Qualification Process.(a) An Agency seeking to obtain legal services from OutsideCounsel must publish a Request for Qualifications for Outside Counselin the Texas State Business Daily for thirty (30) days.the closing date for the receipt of qualifications;(4) the procedure by which the Agency will make a selection of Outside Counsel;(5) notice that the selection of and contracting with, Outside Counsel is subject to the approval of the Office of the AttorneyGeneral; and(6) any other information the Agency deems necessary.(c) After the closing date for the receipt of qualifications, theAgency may select an Outside Counsel. The Agency may only selectan Outside Counsel that complied with the Request for Qualificationsfor Outside Counsel. The Agency shall make the selection of OutsideCounsel:(1) on the basis of demonstrated competence and qualifications to perform the legal services; and(2) for a fair and reasonable price, which includes, but isnot limited to, the hourly rates or fixed fee basis or fee schedule andexpenses for legal services.(d) After selecting the Outside Counsel, the Agency shall require the law firm to submit a written disclosure statement identifyingevery matter in which the firm has, within the past calendar year, represented any entity or individual in a matter in which the entity or individual is adverse to the State of Texas or any of its boards, agencies,commissions, universities, or elected or appointed officials in connection with their official job duties and responsibilities; a short descriptionof the nature of the claim and the relief requested or obtained in eachmatter; and if applicable, the cause number of the court file.(e) The Agency shall determine given the disclosure statementwhether to continue with its choice of Outside Counsel.§57.5.Outside Counsel Contract.(a) Except as authorized by law, an Outside Counsel Contractor any amendment to an Outside Counsel Contract must be approvedby the Office of the Attorney General to be valid and enforceable.(b) When entering into an Outside Counsel Contract, anAgency and Outside Counsel must use the Outside Counsel Contracttemplate promulgated by the Office of the Attorney General. Thecontract template and instructions on submitting it are available on theOffice of the Attorney General's official website or upon request fromthe General Counsel Division of the Office of the Attorney General.PROPOSED RULESJanuary 24, 2014 39 TexReg 337
(c) In the event of an inconsistency between this chapter andan executed Outside Counsel Contract, the contract shall prevail.(d) Once an Agency selects an Outside Counsel, the Agencyshall submit one copy of its proposed Outside Counsel Contract to theOffice of the Attorney General for approval pursuant to this chapter.The Outside Counsel Contract must be signed by an authorized representative of the Outside Counsel and the chief administrator of theAgency, or authorized designee. The Agency shall submit to the OAGone copy of the disclosure statement previously submitted by the selected Outside Counsel to the Agency identifying every matter in whichthe firm has, within the past calendar year, represented any entity or individual in a matter in which the entity or individual is adverse to theState of Texas or any of its boards, agencies, commissions, universities, or elected or appointed officials in connection with their officialjob duties and responsibilities; a short description of the nature of theclaim and the relief requested or obtained in each matter; and if applicable, the cause number of the court file.(e) The Agency shall submit to the OAG an affirmativestatement that it is satisfied in its choice of selected Outside Counselnotwithstanding the information contained in the disclosure statement.(f) [(e)] Upon receipt of a proposed Outside Counsel Contract,the Office of the Attorney General will review the contract and eitherapprove or reject it based upon the best interest of the State and compliance with state law.(g) [(f)] If the Office of the Attorney General approves a proposed Outside Counsel Contract, an authorized representative of theOffice of the Attorney General will indicate that approval on the contract and return the signed copy to the Agency
Rockwall County Courthouse 1111 East Yellowjacket Lane, Suite 201 Rockwall, Texas 75087 Re: Authority of the Rockwall County Juvenile Board over policy mat-ters of the juvenile probation department, including the adoption
