Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,882
7777-8060 p. ; 28 cm.View a full description of this periodical.
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be in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the amend-
ments.
Ms. Brown also has determined that for each year of the first
five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be to promote aware-
ness of the Americans with Disabilities Act. There will be no ef-
fect on large, small, or micro-businesses because the proposed
changes do not impose new requirements on any business and
do not require the purchase of any new equipment or any in-
creased staff time in order to comply. There is no anticipated
economic cost to persons who are required to comply with the
proposed sections.
HHSC has determined that the proposed amendments do not
restrict or limit an owner's right to his or her property that would
otherwise exist in the absence of government action and, there-
fore, do not constitute a taking under 2007.043, Government
Code.
Questions about the content of the proposal may be directed
to Indiana Villagarcia at (512) 438-3323 in DFPS's Child Care
Licensing Division. Electronic comments may be submitted to
Marianne.Mcdonald@dfps.state.tx.us. Written comments on the
proposal may be submitted to Texas Register Liaison, Legal Ser-
vices-371, Department of Family and Protective Services E-611,
P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of
publication in the Texas Register.
SUBCHAPTER B. ADMINISTRATION AND
COMMUNICATION
DIVISION 1. PERMIT HOLDER
RESPONSIBILITIES
40 TAC 746.201
The amendment is proposed under Human Resources Code
(HRC) 40.0505 and Government Code 531.0055, which
provide that the Health and Human Services Executive Com-
missioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
the Department of Family and Protective Services; and HRC
40.021, which provides that the Family and Protective Ser-
vices Council shall study and make recommendations to the
Executive Commissioner and the Commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by the department.
The amendment implements Human Resources Code 42.042.
746.201. What are my responsibilities as the permit holder?
You are responsible for the following:
(1) - (5) (No change.)
(6) Maintaining liability insurance as required by the Hu-
man Resources Code, 42.049, if we license you to care for 13 or more
children; [and]
(7) Complying with the child-care licensing law found in
Chapter 42 of the Human Resources Code, the applicable minimum
standards, and other applicable rules in the Texas Administrative Code;
and [.]
(8) Reporting any Department of Justice substantiated
complaints related to Title III of the Americans with Disabilities Act,
which applies to commercial public accommodations, to DFPS.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 October 18,
2007.
TRD-200704950
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: December 2, 2007
For further information, please call: (512) 438-3437
SUBCHAPTER C. RECORD KEEPING
DIVISION 1. RECORDS OF CHILDREN
40 TAC 746.611
The amendment is proposed under Human Resources Code
(HRC) 40.0505 and Government Code 531.0055, which
provide that the Health and Human Services Executive Com-
missioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
the Department of Family and Protective Services; and HRC
40.021, which provides that the Family and Protective Ser-
vices Council shall study and make recommendations to the
Executive Commissioner and the Commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by the department.
The amendment implements Human Resources Code 42.042.
746.611. Must I have a health statement for children in my care?
(a) A health statement is:
(1) A written statement, from a health-care professional
who has examined the child within the past year, indicating the child is
[physic-ally] able to take part in the child-care program;
(2) - (3) (No change.)
(b) (No change.)
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 October 18,
2007.
TRD-200704949
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: December 2, 2007
For further information, please call: (512) 438-3437
SUBCHAPTER D. PERSONNEL
DIVISION 4. PROFESSIONAL DEVELOP-
MENT
40 TAC 746.131132 TexReg 7882 November 2, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/104/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.