Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 4,980
4957-5134 p. ; 28 cm.View a full description of this periodical.
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meeting the Subrecipients' matching requirements, provided the costs
are eligible Emergency Solutions Grants (ESG) costs that supplement
the ESG program.
(b) In addition, utility and security deposit refunds from ven-
dors should be treated as program income.
(c) In accounting for program income, the Subrecipient must
accurately reflect the receipt of such funds separate from the receipt of
federal funds and Subrecipient funds.
(d) Program income received by the Subrecipient, its Affili-
ates, or its Subgrantees during the two (2) years following the end of
the contract period must be returned to the Department. Program in-
come must be returned to the Department within ten (10) working days
of receipt [by the Subrecipient].
(e) Program income received [by the Subreipient] after the
two (2) year period described in subsection (d) of this section has ex-
pired, can be retained [by the Subrecipient].
5.2012. Redistribution/Reallocation ofAdditional Grant Funds and
Unexpended Funds.
The Department will determine the most equitable and beneficial use
of any additional grant year appropriation, unexpended or deobligated
program funds. In determining the distribution of funds, the Depart-
ment will consider program performance, [and] expenditure rates of
eligible applicants or Subrecipients, or other factors deemed appropri-
ate by the Department.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 29, 2013.
TRD-201303085
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 8, 2013
For further information, please call: (512) 475-3916
TITLE 22. EXAMINING BOARDSPART 11.
TEXAS BOARD OF NURSING
CHAPTER 214. VOCATIONAL NURSING
EDUCATION
22 TAC 214.3
Introduction. The Texas Board of Nursing (Board) proposes
amendments to 214.3, relating to Program Development,
Expansion and Closure. The amendments are proposed under
the Occupations Code 301.155(a), 301.157, and 301.151
and are necessary to: (i) establish, in rule, a $500 filing fee for
an out-of-state vocational nursing education program seeking
to conduct clinical learning experiences in Texas; and (ii) clarify
that the Board may withdraw the approval of any out-of-state
vocational nursing education program that fails to maintain the
requirements necessary for initial approval to conduct clinical
learning experiences in Texas.
BackgroundUnder current Board rule 214.3, an out-of-state vocational nurs-
ing education program may seek Board approval to conduct clin-
ical learning experiences in Texas. The requirements that an
out-of-state vocational nursing education program must meet in
order to receive such approval are currently set out in Board rule
214.3 and Board Education Guideline 3.1.1.f.
The Board is authorized by the Occupations Code 301.155 to
establish fees in amounts reasonable and necessary to cover the
costs of administering the Nursing Practice Act, including costs
associated with reviewing and approving nursing education pro-
grams in Texas. Since January 2008, the Board has approved
11 out-of-state nursing education programs to conduct clinical
learning experiences in Texas. It has been the Board's histori-
cal practice to require these programs to submit a $500 filing fee
with their approval requests in lieu of the $2,500 filing fee nor-
mally required for the approval of an in-state nursing education
program proposal.
The Board has determined that a filing fee of $500 for the re-
view and approval of an out-of-state vocational nursing educa-
tion program to conduct clinical learning experiences in Texas
is appropriate and reasonable. First, the Board anticipates that
this proposed filing fee will better assist the Board in offsetting
a portion of the costs associated with the review of these re-
quests. When an out-of-state vocational nursing education pro-
gram submits an approval request under 214.3(e), the proposal
must be carefully reviewed by Board Staff to determine if the
program meets the requirements of the Board's rule and edu-
cation guideline. If the program is found to be deficient in any
area, Board Staff may need to consult with the program to clar-
ify and/or resolve such deficiencies. This review process can
consume Staff time and Board resources. Second, out-of-state
nursing education programs must be fully approved/accredited
by their own state boards of nursing and approved/accredited/li-
censed by the appropriate Texas agency (i.e., Texas Higher Edu-
cation Coordinating Board (THECB), Texas Workforce Commis-
sion (TWC)) to conduct business/educational activities in Texas
or be deemed exempt from such approval/accreditation/or licen-
sure requirements prior to receiving the Board's approval to op-
erate in Texas. Therefore, while Board Staff must review the
program's request carefully, the amount of time that Board Staff
must spend reviewing the program's request is typically less than
the amount of time Board Staff must spend when reviewing the
proposal of an in-state nursing education program seeking ini-
tial approval from the Board. Because out-of-state nursing ed-
ucation programs have already been reviewed by at least one
other nursing licensing authority and other state licensing enti-
ties, such as the THECB or TWC, prior to being approved by the
Board, the Board has typically only required a $500 filing fee for
these out-of-state nursing education programs, which more ac-
curately reflects the amount of Staff time and Board resources
that must be spent in reviewing these types of requests. The
proposed amendments formalize the Board's historical practice
in this regard in rule.
The Board is simultaneously proposing amendments to 223.1
of this title (relating to Fees) to incorporate the proposed $500
filing fee for the approval of an out-of-state nursing education
program to conduct clinical learning experiences in Texas into
its existing fee structure. That proposal is being published else-
where in this issue of the Texas Register
The proposed amendments also clarify that an out-of-state voca-
tional nursing education program's approval may be withdrawn
if the program fails to maintain the minimum requirements nec-38 TexReg 4980 August 9, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013, periodical, August 9, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342085/m1/24/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.