TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 901. VOLUNTEER AND COMMUNITY ENGAGEMENT

26 TAC §§901.1 - 901.4

The Texas Health and Human Services Commission (HHSC) adopts new Chapter 901, Volunteer and Community Engagement, comprised of §§901.1 - 901.4, in Title 26, Part 1. HHSC adopts §901.1 and §901.2 without changes to the proposed text as published in the September 21, 2018, issue of the Texas Register (43 TexReg 6197). Therefore, these sections will not be republished. HHSC adopts §901.3 and §901.4 with changes to the proposed text as published in the September 21, 2018, issue of the Texas Register. Therefore, these sections will be republished.

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code to consolidate rules that govern functions of HHSC. These rules are currently in Titles 1, 25, and 40. As part of the consolidation into Title 26, HHSC adopts new rules in Title 26, Chapter 901, to replace rules in Title 40, Chapter 61, Volunteer and Community Engagement. The rules in Title 40, Chapter 61, are repealed elsewhere in this issue of the Texas Register.

The adopted rules change references to the Department of Aging and Disability Services (DADS) that were in Title 40, Chapter 61, to HHSC to reflect that DADS was abolished effective September 1, 2017, and its functions have transferred to HHSC.

COMMENTS

The 30-day comment period ended October 22, 2018.

During this period, HHSC did not receive any comments or recommendations regarding the proposed rules. However, on its own initiative, HHSC is revising §§901.3(b) and 901.4(c) and (d). The changes to §901.3(b) clarify that HHSC will not provide private donors services or property in exchange for donations. The changes to §901.4(c) and (d) eliminate the requirement that certain facility staff serve as nonvoting members on the executive committee of a volunteer services council (VSC). Not all of the VSCs have executive committees.

ADDITIONAL INFORMATION

For further information, please call: (512) 438-4919.

STATUTORY AUTHORITY

The new sections are adopted under Texas Government Code §531.0055, which provides that the HHSC Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code Chapter 2109, which requires HHSC to use volunteers and develop a volunteer program; Texas Government Code §2255.001, which requires a state agency that is authorized by statute to accept money from a private donor, or for which a private organization exists that is designed to further the purposes and duties of the agency, to adopt rules governing the relationship between the donor or organization and the agency and its employees.

§901.3.Limitations on Donations.

(a) A facility may not accept a donation from a person who is a party to a contested case before HHSC until the 30th day after the date the decision of the case becomes final. "Contested case" has the meaning assigned by Government Code Section 2001.003.

(b) A private donor may only use HHSC property or services provided by an HHSC employee under a contract with HHSC. HHSC does not make services or property available to a private donor in exchange for a donation.

§901.4.Volunteer Services Councils.

(a) A VSC may generate resources to enhance the lives of the people served at a facility.

(b) The community relations director and volunteer and community relations unit may work with a VSC to enhance fund-raising activities.

(c) The state supported living center director and community relations director are nonvoting members of the VSC board associated with the state supported living center.

(d) The state hospital superintendent and community relations director are nonvoting members of the VSC board associated with the state hospital.

(e) No employee may sign a VSC check or use a VSC debit or credit card.

(f) The volunteer and community relations unit may maintain a VSC petty cash fund of up to $300.00 to be used for the benefit of persons served by a facility.

(1) The community relations director may make expenditures of up to $300.00 from the petty cash fund on behalf of the VSC for the benefit of persons served.

(2) The community relations director must appoint a primary and alternate custodian for the VSC petty cash fund.

(3) The primary custodian for the petty cash fund is responsible for maintaining receipts and accurate documentation of all funds disbursed and for furnishing this documentation to the VSC treasurer.

(4) An officer of the VSC, or an employee outside of the volunteer and community relations unit, must reconcile the petty cash fund at least once every two months.

(g) The volunteer and community relations unit may process and issue receipts for donations to the VSC.

(h) A facility may provide the following items of support for the VSC:

(1) office space;

(2) fund-raising assistance;

(3) clerical and administrative services;

(4) assistance in the coordination of activities; and

(5) other items or services requested by the VSC upon approval by the associate commissioner.

(i) Funds generated by the VSC may be used only for:

(1) the needs of a person served;

(2) the enhancement of existing facility operations;

(3) recognition and education projects;

(4) new initiatives to improve the quality of life for persons served;

(5) employee recognition events; and

(6) other expenses specifically authorized by the VSC board of directors.

(j) The VSC must not use funds or reference the facility's name or branding for:

(1) recognition events, receptions, or gifts for a legislator;

(2) political contributions, political advertisements, or lobbying efforts;

(3) alcoholic beverages, unless used at an off-campus fund-raising event;

(4) loans, including travel advances;

(5) operating programs, or contracting for programs on behalf of a facility;

(6) cash awards or salary supplementation for employees; and

(7) other purposes determined by HHSC to be unethical, unlawful, or inappropriate.

(k) All funds and goods donated to the VSC remain the property of the VSC until a facility accepts them.

(l) The Health and Specialty Care System has the right to review and approve all VSC donations of real property and any permanent improvements to existing real property that may be donated to a facility by a VSC.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2019.

TRD-201900145

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: February 6, 2019

Proposal publication date: September 21, 2018

For further information, please call: (512) 438-4919