Texas Register February 14, 2020 Volume: 45 Number: 7

Texas Register Table of Contents

Governor

 

Appointments

Governor appoints Julie Llerena to the Chronic Kidney Disease Task Force

Appointments for February 4, 2020:Appointed to the Chronic Kidney Disease Task Force pursuant to HB 1225, 86th Legislature, Regular Session, for a term to expire at the pleasure of the Governor, Julie A. Llerena of Cedar Park, Texas.


Texas Department of State Health Services

Adopted Rules

New §§265.151 – 265.174, regulating construction, sanitation, and operation of Artificial Swimming Lagoons

CHAPTER 265. GENERAL SANITATIONSUBCHAPTER K. ARTIFICIAL SWIMMING LAGOONS25 TAC §§265.151 – 265.174SUMMARY:The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new Subchapter K, §§265.151 – 265.174, concerning Artificial Swimming Lagoons. New §§265.151 – 265.156, 265.158, 265.159, 265.161, 265.162, 265.166 – 265.172, and 265.174 are adopted with changes to the proposed text as published in the September 13, 2019, issue of the Texas Register (44 TexReg 4951). These rules will be republished. New §§265.157, 265.160, 265.163 – 265.165 and 265.173 are adopted without changes. These rules will not be republished. The adopted rules are effective March 1, 2020.BACKGROUND AND JUSTIFICATION:The new sections are necessary to comply with House Bill (H.B.) 1468, 85th Legislature, Regular Session, 2017, which amended Texas Health and Safety Code, §1.005, relating to Definitions, and §341.064, relating to Swimming Pools, Artificial Swimming Lagoons, and Bathhouses. H.B. 1468 created a new category of water recreational facility, as an artificial swimming lagoon. The law requires DSHS to adopt rules for the construction, sanitation, and operation of artificial swimming lagoons in accordance with good public health engineering practices, to protect the health and safety of users, and to reduce to a practical minimum the possibility of drowning or injury to bathers.Existing facilities are not subject to most of the new requirements regarding engineering and construction. However, other requirements, such as water quality and user safety, apply to all facilities upon the effective date of the rules.


Texas Council for Developmental Disabilities

In Addition

TCDD requests applications for funding to support projects that will help reduce instances of sexual assault toward individuals with intellectual and developmental disabilities

Request for Applications: Sexual Assault Prevention & Response ProjectsOVERVIEW:The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for organizations to develop projects that will help reduce the number of people with intellectual and developmental disabilities (IDD) who are victims of sexual assault. Projects will work to increase the number of people who understand and can identify instances of sexual assault, as well as know how to report the crimes. Also, projects will ensure survivors have access to the appropriate formal and informal supports and services. Outcomes will be achieved through education, trainings, information sharing, and raising awareness. Groups that will be included in project activities will include people with IDD; their families, friends, and allies; and community stakeholders and organizations that provide services and supports.FUNDING:TCDD has approved funding for up to 5 projects for up to $150,000 per year. 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.APPLICATION: Proposals must be submitted by 1:00 p.m. CT on Friday, March 27, 2020. Proposals will not be accepted after the due date.Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfps/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.


Texas Department of State Health Services

In Addition

DSHS issues decisions and invites comment regarding the amendment, renewal, or termination of certain entities’ licensure for the possession and use of radioactive materials

OVERVIEW:A list of approved applicants for amendment, renewal, or termination of licensure for the possession and use of radioactive materials is included at 45 TexReg 1057. 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 25 TAC §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 §289. In granting exemptions to the licensing requirements of §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. COMMENT OPEN TO AFFECTED PERSONS: A person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney.Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.