PART 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES CHAPTER 106. DIVISION FOR BLIND SERVICES
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 106 in Texas Administrative Code Title 40, Part 2, concerning Division for Blind Services. The chapter consists of §§106.201, concerning, Purpose; 106.203, concerning Legal Authority; 106.205, concerning Definitions; 106.307, concerning Application; 106.309, concerning Eligibility; 106.311, concerning Prohibited Factors; 106.313, concerning Eligibility Determination Time Frame; 106.315, concerning Determination of Ineligibility; 106.317, concerning Case Closure; 106.407, concerning Provision of Services; 106.409, concerning Assessment for Determining Eligibility, Vocational Rehabilitation Needs, and Rehabilitation Technology Needs; 106.411, concerning Physical and Mental Restoration Services; 106.413, concerning Vocational and Other Training Services; 106.415, concerning Maintenance; 106.417, concerning Transportation; 106.419, concerning Services to Family Members; 106.421, concerning Interpreter Services and Note-Taking Services for Consumers Who Are Deaf and Tactile Interpreting for Consumers Who Are Deafblind; 106.423, concerning Reader Services and Rehabilitation Teaching Services; 106.425, concerning Employment Assistance; 106.427, concerning Post-Employment Services; 106.429, concerning Occupational Licenses, Tools, Equipment, and Initial Stocks and Supplies; 106.431, concerning Assistive Technology Devices; 106.433, concerning Individualized Plan for Employment (IPE); §106.501, concerning Purpose of Consumer Participation; 106.507, concerning Scope of Consumer Participation; 106.509, concerning Refusal to Disclose Economic Resources; 106.607, concerning Comparable Services and Benefits; 106.707, concerning Application of an Order of Selection; 106.801, concerning Purpose; 106.803, concerning Legal Authority; 106.805, concerning Definitions; 106.807, concerning Eligibility; and 106.809, concerning Certificate of Blindness for Tuition Waiver.
The repeals are adopted without changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8566). The repeals will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 200, 84th Regular Session, 2015, transferred the functions of the Department of Assistive and Rehabilitative Services (DARS) to HHSC and S.B. 208, 84th Regular Session, 2015, transferred the Vocational Rehabilitation (VR) Program from DARS to the Texas Workforce Commission (TWC). HHSC has identified VR Program rules in 40 TAC Chapter 106, Division for Blind Services, for repeal because HHSC no longer oversees that program. TWC has adopted rules for the VR Program in Title 40, Part 20, Chapter 856, so there will be no disruption to the VR Program or to Texans receiving services.
COMMENTS
The 31-day comment period ended November 25, 2024.
During this period, HHSC did not receive any comments regarding the proposed repeals.
SUBCHAPTER B. VOCATIONAL REHABILITATION PROGRAM
DIVISION 1. PROGRAM AND SUBCHAPTER PURPOSE
40 TAC §§106.201, 106.203, 106.205
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
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 February 3, 2025.
TRD-202500364
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536
40 TAC §§106.307, 106.309, 106.311, 106.313, 106.315, 106.317
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
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 February 3, 2025.
TRD-202500365
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
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 February 3, 2025.
TRD-202500366
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536
40 TAC §§106.501, 106.507, 106.509
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
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 February 3, 2025.
TRD-202500367
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536
STATUTORY AUTHORITY
The repeal is adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
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 February 3, 2025.
TRD-202500368
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536
STATUTORY AUTHORITY
The repeal is adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
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 February 3, 2025.
TRD-202500369
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536
40 TAC §§106.801, 106.803, 106.805, 106.807, 106.809
STATUTORY AUTHORITY
The repeals are adopted under 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 agencies, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary to administer services under that chapter (concerning former DARS programs).
§106.809.Certificate of Blindness for Tuition Waiver.
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 February 3, 2025.
TRD-202500370
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Effective date: February 23, 2025
Proposal publication date: October 25, 2024
For further information, please call: (512) 840-8536