Texas Register – December 10, 2021 Volume: 46 Number: 50

Governor

Proclamation 41-3866

Governor issues Proclamation 41-3866, which affirms the adoption of Proposition 6, establishing a right for residents of certain facilities to designate an essential caregiver for in-person visitation.

The tabulation and total of the votes cast for and against each proposed amendment established that the voters of the State of Texas adopted STATE OF TEXAS PROPOSITION 6, as submitted by Senate Joint Resolution No. 19, establishing a right for residents of certain facilities to designate an essential caregiver for in-person visitation.

Health and Human Services Commission

Emergency Rules Re:

New 26 TAC §554.2803, allowing visitation in a nursing facility in accordance with CMS guidance.

CHAPTER 554. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER CC. COVID-19 EMERGENCY RULE
26 TAC §554.2803

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification, new §554.2803, concerning an emergency rule in response to COVID-19 requiring a nursing facility to follow the Centers for Medicare and Medicaid Services (CMS) guidance for visitation during the COVID-19 public health emergency.

HHSC is adopting a new emergency rule to allow visitation in a nursing facility in accordance with CMS guidance. The purpose of the new rule is to require all nursing facilities, including licensed-only facilities, to comply with CMS guidance.

BACKGROUND AND JUSTIFICATION

As authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. This emergency rulemaking reflects the continued reopening of the State of Texas as well as the new requirements for visitation of nursing facility residents provided by CMS in Memorandum QSO-20-39-NH, as revised November 12, 2021. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Nursing Facility COVID-19 Response – Expansion of Reopening Visitation.

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New 26 TAC §558.961, permitting HCSSAs to purchase, store, and transport COVID-19 vaccine for the purposes of vaccinating clients and staff.

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE
26 TAC §558.961

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26 Texas Administrative Code, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, new §558.961, concerning an emergency rule in response to COVID-19 to implement provisions in House Bill 797, passed by the 87th Legislature, Regular Session, 2021, relating to possession and administration of certain vaccines by a home and community support services agency (HCSSA) or its employees.

HHSC is adopting an emergency rule to allow HCSSAs to purchase, store, and transport COVID-19 vaccine for the purposes of vaccinating clients and staff.

BACKGROUND AND JUSTIFICATION

As authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice.

Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for HCSSAs in response to COVID-19.

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Proposed Rules Re:

Amending 1 TAC §351.805 to update rules concerning State Medicaid Managed Care Advisory Committee.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.805

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §351.805, concerning State Medicaid Managed Care Advisory Committee.

BACKGROUND AND JUSTIFICATION

The primary purpose of amending §351.805 is to implement changes recommended by the State Medicaid Managed Care Advisory Committee (SMMCAC) in March 2020 and to make additional changes recommended by HHSC staff.

Additional edits reorganize and format the rule so that the SMMCAC rule is consistent with other HHSC advisory committee rules established under Texas Government Code §531.012.

SECTION-BY-SECTION SUMMARY

• The proposed amendment to subsection (a) adds that the SMMCAC is subject to §351.801.
• The proposed amendment to subsections (b) and (d) makes several nonsubstantive editorial changes.
• The proposed amendment to subsection (e) adds new language that the SMMCAC complies with the requirement for open meetings under Texas Government Code Chapter 551.
• The proposed amendment to §351.805(f), (f)(1), and (f)(2) adds new rule language concerning term length, term limits, and vacancies.
• The maximum number of SMMCAC members is increased from 23 to 24, the maximum allowed by Texas Government Code §2110.002(a). A total number of 24 members may be appointed from the three membership categories described in subsection (f)(3).
• Subsection (f)(3) is reorganized. The proposed amendment removes, adds, and reorganizes the nineteen categories used to select and appoint representatives to the SMMCAC into three categories. The first category has subcategories of people enrolled in Medicaid managed care from which 10 people can be appointed as members. The second category has subcategories of providers contracted with Texas Medicaid managed care organizations (MCOs) from which 10 members can be appointed. The third category provides for the appointment of representatives of four MCOs participating in Texas Medicaid, including both national and community-based plans, and dental maintenance organizations. These proposed changes make the composition of the SMMCAC more equal between persons enrolled and providers and allows for the appointment of four MCO representatives as members.
• The proposed amendment, for each subcategory of person enrolled, allows HHSC, to appoint the person or to appoint the person’s family member or an advocate representing people in the person’s subcategory. The term “family member” is defined in §351.801 as a “parent, spouse, grandparent, adult sibling, adult child, guardian, or legally authorized representative.” These proposed changes may make it easier for HHSC to appoint a representative from each subcategory of persons enrolled in Medicaid managed care.
• The proposed amendment adds a subcategory for a person who is 21 years of age or older and is dually enrolled in Medicaid and Medicare and adds a subcategory of providers serving Medicaid recipients who are 21 years of age or older and have a disability. These changes help ensure additional representation on the SMMCAC for dual eligible adults and providers serving adults with disabilities.
• The proposed amendment restates and reorganizes the rules for officers in subsection (g).
• The proposed amendment adds the training that each member must complete on relevant statutes and rules in subsection (h).
• The proposed amendment moves the SMMCAC’s date of abolition to the end of the rule to subsection (i). Based on recommendations, the proposed amendment extends the SMMCAC membership terms from two to three years. It extends the date of abolition from December 31, 2023, to December 31, 2024. This change gives members more time to use the experience they gain over time as committee members.

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In Addition Re:

Correction to the email address related to proposed amendments in Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposed amendments to §§551.2, 551.3, 551.11 – 551.22, 551.42 – 551.45, 551.50, 551.60 – 551.73, 551.75, 551.191, 551.192, 551.212 – 551.215, 551.231 – 551.241, 551.281, 551.283, 551.285 – 551.287, 551.321, 551.323, 551.324, 551.326, and 551.327; and the repeal of §551.217 and §551.284 in Texas Administrative Code (TAC), Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions in the November 26, 2021, issue of the Texas Register (46 Tex Reg 7958).

CORRECTION OF ERROR

The email address for the written public comments was published incorrectly. The correct email address is “HHSCLTCRRules@hhs.texas.gov.”

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Public Notice – Texas State Plan for Medical Assistance Amendment Effective March 1, 2022

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective March 1, 2022.

BACKGROUND AND JUSTIFICATION

The proposed amendment to the Texas State Plan will correspond with a proposed amendment to 1 Texas Administrative Code §355.8101. The purpose of the proposed amendment to §355.8101 is to comply with House Bill 4 (H.B. 4), 87th Legislature, Regular Session 2021 and to make other amendments to enhance clarity, consistency, and specificity. HHSC is required by H.B. 4 to ensure a rural health clinic (RHC) is reimbursed for a covered telemedicine or telehealth medical service delivered by a health care provider to a Medicaid recipient at a RHC facility.

HEARING DETAILS

A rule hearing will be conducted in person and online in the future. Information about the proposed rate changes and the hearing will be published in the Texas Register. The future notice of hearing will be found at http://www.sos.state.tx.us/texreg/index.shtml.

Interested parties may obtain additional information and/or a free copy of the proposed amendment by contacting Holly Freed, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 487-3349; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendment will be available for review at the local county offices of HHSC, formerly the local offices of the Texas Department of Aging and Disability Services.

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Texas Board of Chiropractic Examiners

Proposed Rules Re:

Repealing 22 TAC §78.2 to simplify rules and enhance organization of the chapter.

CHAPTER 78. SCOPE OF PRACTICE
22 TAC §78.2

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §78.2 (Prohibitions on the Scope of Practice). As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal is to make the Board’s rules simpler and easier to navigate.

BACKGROUND AND JUSTIFICATION

The Board will propose a new §78.2 in a separate rulemaking. That action will simply cut language in the current §78.1 (Scope of Practice) referring to prohibited acts and move it to the new, updated §78.2. These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’ current rules. None of these proposed rules change the current chiropractic scope of practice in Texas.

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New 22 TAC §78.2, moving language referring to the prohibition on chiropractors from using surgical or invasive procedures from the current §78.1 into the new §78.2.

CHAPTER 78. SCOPE OF PRACTICE AND DELEGATION
22 TAC §78.2

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.2 (Prohibitions on the Scope of Practice). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules simpler and easier to navigate.

Specifically, this proposed action moves language referring to the prohibition on chiropractors from using surgical or invasive procedures from the current §78.1 (Scope of Practice) and places it into the new §78.2.

BACKGROUND AND JUSTIFICATION

These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’s current rules relating to the scope of practice.

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Repealing 22 TAC §78.3 to improve organization of the Board’s rules.

CHAPTER 78. SCOPE OF PRACTICE
22 TAC §78.3

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §78.3 (General Delegation of Responsibility).

BACKGROUND AND JUSTIFICATION

As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal is to make the Board’s rules simpler and easier to navigate. The Board will propose a new §78.3 in a separate rulemaking. These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’s current rules on delegation.

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New 22 TAC §78.3, removing superfluous language from the current subsection (c)(4) of §78.3 referring to the performance of physical treatments by a qualified individual.

CHAPTER 78. SCOPE OF PRACTICE AND DELEGATION
22 TAC §78.3

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.3 (General Delegation of Responsibility). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules simpler and easier to navigate.

Specifically, this proposed action removes superfluous language from the current subsection (c)(4) of §78.3 referring to the performance of physical treatments by a qualified individual.

BACKGROUND AND JUSTIFCATION

These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’s current rules relating to delegation.

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New 22 TAC §78.6, to move language referring to the affirmative acts of chiropractors to a stand alone rule.

CHAPTER 78. SCOPE OF PRACTICE AND DELEGATION
22 TAC §78.6

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §78.6 (Required Diligence in the Practice of Chiropractic). This rulemaking action is simply taking the language referring to those acts a chiropractor must affirmatively perform from the current §79.2 (Lack of Diligence) and moving it to a stand-alone rule. The new proposed §79.2 will retain the prohibited acts only.

BACKGROUND AND JUSTIFICATION

The Board believes moving the affirmative act language of the current §79.2 to a stand-alone rule in the chapter on scope of practice is a more logical place for it and will make it easier for stakeholders to find. This new rule and the proposed §79.2 do not substantively change the effect of the Board’s existing rules on the diligent practice of chiropractic.

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Repealing 22 TAC §79.2, relating to unprofessional conduct, to improve readability and organization of the Board’s rules.

CHAPTER 79. UNPROFESSIONAL CONDUCT
22 TAC §79.2

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §79.2 (Lack of Diligence).

BACKGROUND AND JUSTIFICATION

As part of the Board’s comprehensive rule revision effort, the overall purpose of the repeal is to make the Board’s rules simpler and easier to navigate. The Board will propose a new §79.2 in a separate rulemaking. The Board will also propose a new §78.6 (Required Diligence in the Practice of Chiropractic) to accommodate the structural changes in §79.2. These rulemaking actions are to improve the readability and organization of the Board’s rules; there are no substantive changes to the effect of the Board’s current rules on diligence in the practice of chiropractic.

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New 22 TAC §79.2, to retain the prohibited acts related to unprofessional conduct from the current rule.

CHAPTER 79. UNPROFESSIONAL CONDUCT
22 TAC §79.2

OVERVIEW

The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §79.2 (Lack of Diligence). As part of the Board’s comprehensive rule revision effort, the overall purpose of the new rule is to make the Board’s rules simpler and easier to navigate.

BACKGROUND AND JUSTIFICATION

This rulemaking action is simply taking the language referring to those acts a chiropractor must affirmatively perform and moving it to a stand-alone rule in the new proposed §78.6 (Required Diligence in the Practice of Chiropractic). The new §79.2 retains the prohibited acts from the current rule. The Board believes moving the affirmative act language of the current §79.2 to a stand-alone rule in the chapter on scope of practice is a more logical place for it and will make it easier for stakeholders to find. This new rule and the proposed §78.6 do not substantively change the effect of the Board’s existing rules on the diligent practice of chiropractic.

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Texas Optometry Board

Proposed Rules Re:

New 22 TAC §277.13, delineating the preliminary evaluation and official investigation process for all complaints received by the agency related to the treatment of glaucoma after September 1, 2021.

CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.13

OVERVIEW

The Texas Optometry Board proposes new §277.13, concerning Complaints Relating From Glaucoma Treatment – Preliminary Evaluation and Official Investigation. This rule is being proposed pursuant to SB993 of the 87th Regular Legislative Session. This new rule sets forth the preliminary evaluation and official investigation process for all complaints received by the agency related to the treatment of glaucoma after September 1, 2021. SB993 required collaboration with the Texas Medical Board and all input received has been considered by the Texas Optometry Board for the proposal of this new rule.

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New 22 TAC §277.14, outlining the selection process for the Case Review Consultant and Expert Panel.

CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.14

OVERVIEW

The Texas Optometry Board proposes new §277.14, Complaints Resulting from Glaucoma Treatment – Use of Case Review Consultant and Expert Panel. This rule is being proposed pursuant to SB993 of the 87th Regular Legislative Session. This new rule sets forth the selection process for the Case Review Consultant and Expert Panel as required by SB993 of the 87th Regular Legislative Session. SB993 required collaboration with the Texas Medical Board and all input received has been considered by the Texas Optometry Board for the proposal of this new rule.

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New 22 TAC §277.15, describing the disciplinary action process and public reporting of data related to jurisdictional complaints received related to the treatment of glaucoma after September 1, 2021.

CHAPTER 277. PRACTICE AND PROCEDURE
22 TAC §277.15

OVERVIEW

The Texas Optometry Board proposes new §277.15 Complaints Relating to Glaucoma Treatment – Disciplinary Actions and Reporting. This rule is being proposed pursuant to SB993 of the 87th Regular Legislative Session. This new rule sets forth the disciplinary action process and public reporting of data related to jurisdictional complaints received related to the treatment of glaucoma after September 1, 2021. SB993 required collaboration with the Texas Medical Board and all input received has been considered by the Texas Optometry Board for the proposal of this new rule.

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Adopted Rules Re:

Amending 22 TAC §273.4 to increase fees in response to additional agency costs and expenses.

CHAPTER 273. GENERAL RULES
22 TAC §273.4

OVERVIEW

At the November 19, 2021, meeting of the Texas Optometry Board, the Board moved unanimously to adopt amendments to §273.4 without changes to the proposed text as published in the September 3, 2021, issue of the Texas Register (46 Tex Reg 5533). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The initial fees are increased by five dollars and the biennial fees are increased by five dollars for each year for a total of ten dollars each biennium. The fees are being increased because the agency will incur additional costs and expenses due to SB993 of the 87th Regular Legislative Session.

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Amending 22 TAC §275.1 to modernize approval processes for continuing education courses and its providers.

CHAPTER 275. CONTINUING EDUCATION
22 TAC §275.1

OVERVIEW

At the November 19, 2021, meeting of the Texas Optometry Board, the Board moved unanimously to adopt amendments to §275.1 without changes to the proposed text as published in the September 3, 2021, issue of the Texas Register (46 Tex Reg 5534). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

This adopted amendment modernizes the way the agency approves continuing education course providers and courses. The Board reserves the right to review and approve providers that are not automatically granted approval through this adopted amendment. The Board also reserves the right to reject any course. Finally, this adopted amendment will increase agency efficiencies and improve customer service.

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Repealing 22 TAC §280.11, which established requirements for the treatment of glaucoma by an Optometric Glaucoma Specialist.

CHAPTER 280. THERAPEUTIC OPTOMETRY
22 TAC §280.11

OVERVIEW

At the November 19, 2021, meeting of the Texas Optometry Board, the Board moved unanimously to repeal §280.11 without changes to the proposed text as published in the August 20, 2021, issue of the Texas Register (46 Tex Reg 5163). The rule will not be republished.

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Texas State Board of Examiners of Professional Counselors

Proposed Rules Re:

Repealing 22 TAC §681.6, relating to Minutes because the rule is no longer necessary.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §681.6

OVERVIEW

The Texas Behavioral Health Executive Council proposes the repeal of §681.6, relating to Minutes.

Overview and Explanation of the Proposed Rule. The proposed repeal is necessary since recordings of entire meetings of the Texas State Board of Examiners of Professional Counselors will be posted on a publicly accessible website; therefore this rule is no longer necessary.

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Amending 22 TAC §681.205, relating to Schedule of Sanctions, to ensure consistency with other rules.

CHAPTER 681. PROFESSIONAL COUNSELORS
SUBCHAPTER D. SCHEDULE OF SANCTIONS
22 TAC §681.205

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §681.205, relating to Schedule of Sanctions.

Overview and Explanation of the Proposed Rule. The proposed amendment is necessary to match other corresponding rule amendments made or proposed that are referenced in this rule. Substantively this schedule of sanctions is not changing, none of the sanctions are proposed to be changed. But the duplicative language that mirrors the language in each rule is being repealed as it is unnecessary and must be changed each time a corresponding rule is changed. Additionally, §681.91(l) is proposed to be deleted from this schedule since it has previously been proposed to be repealed.

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Texas Behavioral Health Executive Council

Proposed Rules Re:

New 22 TAC §881.33, implementing requirements that state agencies develop a program to manage employee sick or vacation leave.

CHAPTER 881. GENERAL PROVISIONS
SUBCHAPTER C. PERSONNEL
22 TAC §881.33

OVERVIEW

The Texas Behavioral Health Executive Council proposes new §881.33, relating to Family Leave Pool.

Overview and Explanation of the Proposed Rule. The proposed new rule is necessary to implement H.B. 2063, 87th Leg., R.S. (2021), which codified new Subchapter A-1 of Chapter 661 of the Government Code. These new statutes require state agencies to adopt rules to develop a program where agency employees can voluntarily transfer sick or vacation leave earned by the employee to a family leave pool, and eligible employees can apply for leave under this pool.

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Amending 22 TAC §882.21 to reflect the change to an online licensing system.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER B. LICENSE
22 TAC §882.21

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §882.21, relating to License Statuses.

BACKGROUND AND JUSTIFICATION

The proposed amendment is necessary to reflect the change in process whereby requests to reactivate a license must now be submitted through the online licensing system.

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Amending 22 TAC §882.60 to update requirements relating to Special Provisions Applying to Military Service Members, Veterans and Spouses.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES
22 TAC §882.60

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §882.60, relating to Special Provisions Applying to Military Service Members, Veterans and Spouses.

BACKGROUND AND JUSTIFICATION

The proposed amendment is necessary to reflect recent changes to Section 55.004 of the Occupations Code following passage of H.B. 139, 87th Leg., R.S. (2021).

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Amending 22 TAC §882.61 to correct a typographical error and reflect changes relating to Special Licensing Provisions for Military Spouses.

CHAPTER 882. APPLICATIONS AND LICENSING
SUBCHAPTER F. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES
22 TAC §882.61

OVERVIEW

The Texas Behavioral Health Executive Council proposes amendments to §882.61, relating to Special Licensing Provisions for Military Spouses.

BACKGROUND AND JUSTIFICATION

The proposed amendment is necessary to correct a typographical error and reflect recent changes to Section 55.004 of the Occupations Code following passage of H.B. 139, 87th Leg., R.S. (2021).

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Texas Council for Developmental Disabilities

In Addition Re:

Request for Applications: Capacity Building Mini-Grants: Self-Advocacy Groups

OVERVIEW

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for projects to build the organizational capacity of local self-advocacy groups to become more established in their communities, create partnerships, conduct formal activities, and ultimately expand their role and impact. The groups will identify and achieve at least one major activity that will put them in a position to pursue more significant activities and/or grants. Applications must, at the very least, include a self-advocacy group as one of the co-applicants.

BACKGROUND AND JUSTIFICATION

TCDD has approved funding for up to 10 projects for up to $15,000 for up to 12 months. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.

Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

DEADLINE

Proposals must be submitted through https://tcdd.smapply.org/prog/lst/ and will be reviewed by TCDD according to the following schedule: applications received by 11:59 p.m. on January 10, 2022, may be reviewed at the February 2022 Council meeting; applications received by 11:59 p.m. on April 4, 2022, may be reviewed at the May 2022 Council meeting. Proposals will not be accepted outside of these due dates.

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Department of State Health Services

In Addition Re:

Licensing Actions for Radioactive Materials

OVERVIEW

During the second half of October 2021, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials as listed in the tables (in alphabetical order by location). The subheading “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout TX [Texas]” indicates that the radioactive material may be used on a temporary basis at locations throughout the state.

BACKGROUND AND JUSTIFICATION

In issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.