PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 3. RESPONSIBILITIES OF STATE FACILITIES
SUBCHAPTER D. TRAINING
The Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, and all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with now repealed Texas Government Code §531.0201 and §531.02011. Pursuant to §531.0011, references to DADS regarding functions transferred under now repealed §531.0201 and §531.02011 are now references to HHSC. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts the repeal of §3.401, concerning Training for New Employees; §3.402, concerning Additional Training for Direct Support Professionals; §3.403, concerning Refresher Training; and §3.404, concerning Specialized Training for of a Forensic Facility Employee.
The repeal of §§3.401 - 3.404 is adopted without changes to the proposed text as published in the December 8, 2023, issue of the Texas Register (48 TexReg 7164). These repeals will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals reflect the move of the Department of Aging and Disability Services state supported living center rules in Texas Administrative Code (TAC) Title 40, Chapter 3, Subchapter D to HHSC under 26 TAC Chapter 926. The new rules are adopted simultaneously elsewhere in this issue of the Texas Register.
COMMENTS
The 31-day comment period ended January 8, 2024.
During this period, HHSC did not receive any comments regarding the proposed repeals.
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 Health and Safety Code §555.024, which requires HHSC to provide certain training for employees of SSLCs and requires the Executive Commissioner to adopt rules for SSLCs to provide refresher trainings to direct care employees.
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 29, 2024.
TRD-202400911
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: March 20, 2024
Proposal publication date: December 8, 2023
For further information, please call: (512) 438-3049