TITLE 1. ADMINISTRATION

PART 3. OFFICE OF THE ATTORNEY GENERAL

CHAPTER 69. PROCUREMENT

The Office of the Attorney General (OAG) adopts amendments to Chapter 69, Subchapter A, §§69.1 - 69.3, concerning procedures for vendor protests of procurements, and Subchapter D, §69.55, concerning contract monitoring. The OAG adopts the amendments without changes to the proposed text as published in t he August 30, 2019, issue of the Texas Register (44 TexReg 4597), and the text of the amendments will not be republished.

The amendments to §§69.1 - 69.3 update the title of the division director responsible for receiving and reviewing protests to reflect the current organizational structure of the OAG. The adopted amendment to §69.55 removes a reporting timeframe from §69.55(b) that is not required under Texas Government Code §2261.253(c), and that does not correspond to the risk assessment process in §69.55(a).

No comments were received regarding the adoption of the amendments.

SUBCHAPTER A. PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS

1 TAC §§69.1 - 69.3

The amendments are adopted in accordance with Texas Government Code §2155.076, which requires state agencies to adopt procedures for resolving vendor protests relating to purchasing issues, and Texas Government Code §2261.253(c), which requires state agencies to adopt procedures to identify each contract that requires enhanced contract or performance monitoring.

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 November 15, 2019.

TRD-201904306

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Effective date: December 5, 2019

Proposal publication date: August 30, 2019

For further information, please call: (512) 475-3210


SUBCHAPTER D. CONTRACT MONITORING

1 TAC §69.55

The amendment to this section is adopted under Texas Government Code §2261.253(c).

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 November 15, 2019.

TRD-201904307

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Effective date: December 5, 2019

Proposal publication date: August 30, 2019

For further information, please call: (512) 475-3210


PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

1 TAC §351.3

The Texas Health and Human Services Commission (HHSC) adopts new §351.3, concerning Recognition of Out-of-State License of Military Spouse. The new §351.3 is adopted with changes to the proposed text as published in the September 6, 2019, issue of the Texas Register (44 TexReg 4787), and will be republished.

BACKGROUND AND JUSTIFICATION

The new section is necessary to comply with Senate Bill (S.B.) 1200, 86th Legislature, Regular Session, 2019, which requires the adoption of rules to implement the legislation.

S.B. 1200 amended Texas Occupations Code, Chapter 55, by adding §55.0041 to authorize certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The new section requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state. State agencies are directed to adopt rules not later than December 1, 2019.

COMMENTS

The 31-day comment period ended October 7, 2019. During this period, HHSC did not receive any comments regarding the proposed rule.

Minor editorial changes were made to subsections (a) and (c)(4)(B) to format statutory references.

Minor editorial changes were made to subsections (b) and (d)(3) to provide clarity.

STATUTORY AUTHORITY

The new section is authorized by Texas Occupations Code, §55.0041 and Texas Government Code, §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.

The new section implements Texas Occupations Code, §55.0041.

§351.3.Recognition of Out-of-State License of Military Spouse.

(a) For the purposes of this section, the definitions found in Texas Occupations Code §55.001 are hereby adopted by reference.

(b) This section applies to all licenses to engage in a business or occupation which the Health and Human Services Commission (HHSC) issues to an individual under authority granted by the laws of the State of Texas, unless a more specific rule concerning recognition of out-of-state licenses of military spouses applies to a license type issued by HHSC.

(c) A military spouse may engage in a business or occupation as if licensed in the State of Texas without obtaining the applicable license in Texas if the spouse:

(1) is currently licensed in good standing by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state;

(2) notifies HHSC in writing of the spouse's intent to practice in this state;

(3) submits to HHSC proof of the spouse's residency in this state and a copy of the spouse's military identification card; and

(4) receives a verification letter from HHSC that:

(A) HHSC has verified the spouse's license in the other jurisdiction; and

(B) the spouse is authorized to engage in the business or occupation in accordance with Texas Occupations Code §55.0041 and rules for that business or occupation.

(d) HHSC will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another state's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state:

(1) whether the other state requires an applicant to pass an examination that demonstrates competence in the field in order to obtain the license;

(2) whether the other state requires an applicant to meet any experience qualifications in order to obtain the license;

(3) whether the other state requires an applicant to meet any education qualifications in order to obtain the license; and

(4) the other state's license requirements, including the scope of work authorized to be performed under the license issued by the other state.

(e) The military spouse must submit:

(1) a written request to HHSC for recognition of the spouse's license issued by the other state; no fee will be required;

(2) any form and additional information regarding the license issued by the other state required by the rules of the specific program or division within HHSC that licenses the business or occupation;

(3) proof of residency in this state;

(4) a copy of the military spouse's identification card; and

(5) proof the military service member is stationed at a military installation in Texas.

(f) Upon verification from the licensing jurisdiction of the military spouse's license and if the license is substantially equivalent to a Texas license, HHSC shall issue a verification letter recognizing the licensure as the equivalent license in this state.

(g) The verification letter will expire three years from date of issuance or when the military service member is no longer stationed at a military installation in Texas, whichever comes first. The verification letter may not be renewed.

(h) A replacement letter may be issued after receiving a request for a replacement letter in writing or on a form, if any, required by the rules of the specific program or division within HHSC that licenses the business or occupation; no fee will be required.

(i) The military spouse shall comply with all applicable laws, rules, and standards of this state, including applicable Texas Health and Safety Code chapters and all relevant Texas Administrative Code provisions.

(j) HHSC may withdraw or modify the verification letter for reasons including the following:

(1) the military spouse fails to comply with subsection (i) of this section; or

(2) the military spouse's licensure required under subsection (c)(1) of this section expires or is suspended or revoked in another jurisdiction.

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 November 15, 2019.

TRD-201904260

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: December 5, 2019

Proposal publication date: September 6, 2019

For further information, please call: (512) 707-6101