Texas Register June 5, 2020 Volume: 45 Number: 23

Texas Register Table of Contents

Governor

 

Appointments

Governor reappoints Chad Craycraft and Mary “Katie” Kennedy to the Texas Ethics Commission

Appointments for May 22, 2020Appointed to the Texas Ethics Commission, for a terms to expire November 19, 2023:Chad M. Craycraft of Dallas, Texas (Mr. Craycraft is being reappointed); Mary K. “Katie” Kennedy of Houston, Texas (Ms. Kennedy is being reappointed).


Employees Retirement System of Texas

Proposed Rules

Texas Municipal Retirement System proposes the repeal of 34 TAC, Chapter 121, relating to benefit and administrative claims procedure

TITLE 34. PUBLIC FINANCEPART 6. TEXAS MUNICIPAL RETIREMENT SYSTEMCHAPTER 121. PRACTICE AND PROCEDURE REGARDING CLAIMS34 TAC §§121.1 – 121.28OVERVIEWThe Board of Trustees (“Board”) of the Texas Municipal Retirement System (“TMRS” or the “System”) proposes the repeal of current 34 TAC Chapter 121 (“Chapter 121”), relating to practice and procedure regarding benefit and administrative claims before TMRS. In a separate proposal, TMRS is also proposing to replace current Chapter 121 with proposed new Chapter 121, also relating to practice and procedure regarding claims before TMRS.BACKGROUND AND PURPOSETMRS proposes to repeal and replace Chapter 121 to update and modernize the benefit claims and administrative appeals processes, and to implement certain provisions of Senate Bill 1337 (“SB 1337”), which was enacted by the 86th Legislature. In addition, the repeal and replacement of Chapter 121 is being proposed as a result of TMRS’ rule review, which was conducted pursuant to Texas Government Code §2001.039.Many provisions of proposed new Chapter 121 rules are substantially similar to the provisions of the existing Chapter 121 which is proposed to be repealed. There are, however, some substantive changes in the proposed new rules, which are enumerates in this week’s edition of the Texas Register.


Employees Retirement System of Texas

Proposed Rules

Texas Municipal Retirement System proposes new 34 TAC, Chapter 121, to update benefit and administrative claims procedure

TITLE 34. PUBLIC FINANCEPART 6. TEXAS MUNICIPAL RETIREMENT SYSTEMCHAPTER 121. PRACTICE AND PROCEDURE REGARDING CLAIMS34 TAC §§121.1 – 121.27OVERVIEWFollowing the Board of Trustees (“Board”) of the Texas Municipal Retirement System (“TMRS” or the “System”) proposed repeal of current 34 TAC Chapter 121, relating to practice and procedure regarding benefit and administrative claims before TMRS, TMRS is proposing to replace current Chapter 121 with proposed new Chapter 121, also relating to practice and procedure regarding claims before TMRS.BACKGROUND AND PURPOSETMRS proposes to repeal and replace Chapter 121 to update and modernize the benefit claims and administrative appeals processes, and to implement certain provisions of Senate Bill 1337 (“SB 1337”), which was enacted by the 86th Legislature. In addition, the repeal and replacement of Chapter 121 is being proposed as a result of TMRS’ rule review, which was conducted pursuant to Texas Government Code §2001.039.Many provisions of proposed new Chapter 121 rules are substantially similar to the provisions of the existing Chapter 121 which is proposed to be repealed. There are, however, some substantive changes in the proposed new rules, which are enumerated in this week’s edition of the Texas Register.


Cancer Prevention and Research Institute of Texas

Adopted Rules

Amending 25 TAC §703.11 and §703.23 to require grant recipients’ provision of certain documentation

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH25 TAC §703.11, §703.23The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) adopts the amendments to 25 Texas Administrative Code §703.11 and §703.23 without changes to the proposed text as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1830). The rules will not be republished. The amendments relate to requiring a grant recipient to provide supporting documentation for matching funds and the Institute’s payment of advance funds.The amendments to §703.11 requires a grant recipient to submit all supporting documentation for matching funds expenditures at the time that it files its matching fund verification form; the Institute will not review or approve the form until the grantee submits all required documentation. The amendments to § 703.23 allows the Institute to hold back the final payment (ten percent (10%) of the grant award) to a grant recipient who receives funds via advance payment until the grant recipient has completed the grant close out process.


Texas Department of State Health Services

In Addition

Following action from the DEA, Commissioner issues order requiring the Schedule I classification of five controlled substances

OVERVIEWThe Acting Administrator of the Drug Enforcement Administration (DEA) issued a temporary scheduling order to extend the temporary schedule I status of the following substances:N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (Other name: valeryl fentanyl); N-(4-Methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (Other name: p-methoxybutyryl fentanyl); N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other name: p-chloroisobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (Other name: isobutyryl fentanyl); and, N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (Other name: cyclopentyl fentanyl).Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of DEA action was published in theFederal Register. In the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that substances referenced above be placed into the schedules of controlled substances.BACKGROUND AND JUSTIFICATIONThe DEA’s rationale for extending the Schedule I status of these substances is detailed in this week’s edition of the Texas Register.This week’s edition of the Texas Register also details substances included in the following categories: Schedule I hallucinogenic substancesSchedule I temporarily listed substances subject to emergency scheduling by the U.S. Drug Enforcement Administration.Schedule II substances, vegetable origin or chemical synthesisSchedule IV depressantsSchedule IV stimulantsSchedule V depressants


Texas Department of State Health Services

In Addition

Commissioner issues order extending the license and registration term for Asbestos Licensees due to COVID-19

OVERVIEWThe Department of State Health Services Asbestos Program administers the renewal of licenses and registrations for the following license and registration types: Asbestos Abatement Workers;Asbestos Abatement Contractors;Asbestos Abatement Supervisors;Asbestos Abatement Consultants;Asbestos Abatement Project Managers;Asbestos Abatement Inspectors;Air Monitoring Technicians;Asbestos Abatement Management Planners (“Asbestos Licensees”).BACKGROUND AND JUSTIFICATIONAsbestos Licensees must renew their license and registration every two-years pursuant to Texas Occupations Code Section 1954.201(a) and 25 Texas Administrative Code Section 295.35(c). In order to renew, Asbestos Licensees are required to submit a current annual refresher training certificate and a current physician’s written statement.Due to the COVID-19 outbreak, many of the annual refresher courses were cancelled and many physicians are not providing in-person physical examination of Asbestos Licensees. As a result, Asbestos Licensees have been unable to obtain the documentation required to timely renew their licenses and registrations.Pursuant to the authority granted under Texas Occupations Code Section 1954.111(a) and 25 Texas Administrative Code Section 295.35(d), Commissioner orders that licenses and registrations of Asbestos Licensees due to expire during the Governor’s declared disaster proclamation will now expire 6-months after the expiration date on the license or registration.