PART 3. OFFICE OF THE ATTORNEY GENERAL
CHAPTER 55. CHILD SUPPORT ENFORCEMENT
SUBCHAPTER D. FORMS FOR CHILD SUPPORT ENFORCEMENT
The Office of the Attorney General (OAG) Child Support Division adopts an amendment to 1 TAC §55.119(a) which updates the OMB form number for a Notice of Lien. The rule is adopted without changes to the proposed text as published for comment in the July 26, 2024, issue of the Texas Register (49 TexReg 5455) and will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
This rule updates the OMB form number for the federal Notice of Lien form from Form OMB 0970-0153 to Form OMB 0970-152.
SECTION SUMMARY
Section 55.119(a) is amended to change the OMB form number referenced in the code from Form OMB 0970-0153 to Form OMB 0970-0152.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Ruth Anne Thornton, Director of Child Support (IV-D Director), has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section.
PUBLIC BENEFIT AND COST
Ms. Thornton has also determined that for each year of the first five years the amendment is in effect, the public will benefit by having the correct form cited in the code. This code references the OAG website which provides a link to the Notice of Lien OMB# 0970-0152 and reference to 1 TAC §55.119(a). In addition, for each year of the first five-year period the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the adopted rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
Ms. Thornton has determined there will not be an effect on small businesses, micro-businesses, and rural communities required to comply with the amendment as adopted. Therefore, no regulatory flexibility analysis is required under Texas Government Code § 2006.002.
LOCAL EMPLOYMENT OR ECONOMY IMPACT
Ms. Thornton has determined that the adopted amendment does not have an impact on local employment or economies. Therefore, no local employment or economy impact statement is required under Texas Government Code § 2001.022.
GOVERNMENT GROWTH IMPACT STATEMENT
In compliance with Texas Government Code § 2001.0221, the OAG has prepared the following government growth impact statement. During the first five years the adopted rule would be in effect, it:
- will not create or eliminate a government program;
- will not require the creation of new employee positions or the elimination of existing employee positions;
- will not require an increase or decrease in future legislative appropriations to the agency;
- will not require an increase or decrease in fees paid to the agency;
- will not create new regulations;
- will not expand, limit, or repeal an existing regulation;
- will not increase or decrease the number of individuals subject to the rule's applicability; and
- will not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The OAG has determined that no private real property interests are affected by the adopted rule, and the proposed amendment does not restrict, limit, or impose a burden on an owner's rights to his or her private real property which would otherwise exist in the absence of government action. As a result, the adopted rule does not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
PUBLIC COMMENT
The rule proposal was published in the July 26, 2024, issue of the Texas Register (49 TexReg 5455). The OAG did not receive any comments from interested parties on the rule proposal during the 30-day public comment period.
STATUTORY AUTHORITY
The amendment is adopted under Texas Family Code §§ 231.001, 231.003. Section 231.001 designates the OAG as the state's Title IV-D agency. Section 231.003 authorizes the Title IV-D agency by rule to promulgate forms and procedures for the implementation of Title IV-D services. Texas Family Code § 157.313 provides the contents of child lien, except as provided by subsection (e) which states a notice of lien may be in the form authorized by federal law or regulation. This amendment correctly identifies the authorized federal form for a notice of lien.
CROSS-REFERENCE TO STATUTE
The amendment conforms to statutory requirements and supplements Texas Family Code § 157.313(e) as authorized by Texas Family Code §§ 231.001, 231.003.
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 October 16, 2024.
TRD-202404865
Justin Gordon
General Counsel
Office of the Attorney General
Effective date: November 5, 2024
Proposal publication date: July 26, 2024
For further information, please call: (800) 252-8014
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §351.815, concerning the Policy Council for Children and Families.
Section 351.815 is adopted with changes to the proposal text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5218). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The Policy Council for Children and Families (PCCF) was established by the HHSC Executive Commissioner under the authority of Texas Government Code §531.012. This statute requires the HHSC Executive Commissioner to establish and maintain advisory committees, establish rules for the operation of advisory committees, and for advisory committees to provide recommendations to the HHSC Executive Commissioner and the Texas Legislature.
The PCCF advises the HHSC Executive Commissioner and Health and Human Services system agencies (HHS agencies) to improve the coordination, quality, efficiency, and outcomes of services provided to children and the families of children with disabilities and special health care needs, including mental health needs, through the state's health, education, and human services systems. Members meet approximately four times a year in Austin.
Section 351.815 is set to expire on December 31, 2024, which will abolish the PCCF. The amendment extends the committee by four years to December 31, 2028, and update existing membership categories for one voting and one ex-officio member. Other edits align the rule with current HHSC advisory committee rulemaking guidelines.
COMMENTS
The 31-day comment period ended August 19, 2024.
During this period, HHSC received a comment regarding the proposed rule from one commenter. A summary of the comment relating to §351.815 and HHSC's response follow.
Comment: One commenter requested that HHSC: (1) add an entirely new PCCF membership category to represent an educator working with pre-kindergarten to senior year in high school (PK-12) children to ensure that educational challenges and the needs of children with disabilities are fully considered in policy development; (2) integrate School Health and Related Services (SHARS) policy and policy discussions as one of the highest priorities for PCCF, including creating a new SHARS subgroup or subcommittee within PCCF; and (3) ensure that the specific voices of a SHARS vendor, an association with SHARS expertise, a SHARS provider from each approved SHARS service and a parent of a child that participates in SHARS, as well as a small, midsize and large school district are included in PCCF.
Response: HHSC declines to make the requested changes. The PCCF is already at its statutory maximum membership under Texas Government Code Chapter 2110, and cannot include additional members at this time. Other proposed actions are outside the scope of this limited rule project. The PCCF regularly considers SHARS and other programs, activities, and services for children with disabilities provided through the education system.
HHSC revised §351.815 to update a Texas Government Code citation from Section 531.012 to §523.0201 to implement H.B. 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive revisions to the Texas Government Code that make the statute more accessible, understandable, and usable.
STATUTORY AUTHORITY
The amendment 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 Government Code §531.012, which authorizes the Executive Commissioner to establish advisory committees by rule.
§351.815.Policy Council for Children and Families.
(a) Statutory authority. The Policy Council for Children and Families (PCCF) is established in accordance with Texas Government Code §523.0201 and is subject to §351.801 of this division (relating to Authority and General Provisions).
(b) Purpose. The PCCF works to improve the coordination, quality, efficiency, and outcomes of services provided to children with disabilities and their families through the state's health, education, and human services systems.
(c) Tasks. The PCCF performs the following tasks:
(1) studies and makes recommendations to improve coordination between the state's health, education, and human services systems to ensure that children with disabilities and their families have access to high quality services;
(2) studies and makes recommendations to improve long-term services and supports, including community-based supports for children with special health and mental health care needs, as well as children with disabilities and their families receiving protective services from the state;
(3) studies and makes recommendations regarding emerging issues affecting the quality and availability of services available to children with disabilities and their families;
(4) studies and makes recommendations to better align resources with the service needs of children with disabilities and their families;
(5) studies and makes recommendations to ensure that the needs of children with autism spectrum disorder and their families are addressed, and that all available resources are coordinated to meet those needs;
(6) makes recommendations regarding the implementation and improvement of the STAR Kids managed care program;
(7) performs other tasks consistent with its purpose as requested by the HHSC Executive Commissioner; and
(8) adopts bylaws to guide the operation of the committee.
(d) Reporting requirements.
(1) Not later than December 31 of each year, the PCCF files a written report with the HHSC Executive Commissioner covering the meetings and activities in the immediately preceding fiscal year. The report includes:
(A) a list of the meeting dates;
(B) the members' attendance records;
(C) a brief description of actions taken by the PCCF;
(D) a description of how the PCCF accomplished its tasks;
(E) a summary of the status of any PCCF recommendations to HHSC;
(F) a description of activities the PCCF anticipates undertaking in the next fiscal year;
(G) recommended amendments to this section; and
(H) the costs related to the PCCF, including the cost of HHSC staff time spent supporting the PCCF's activities and the source of funds used to support the PCCF's activities.
(2) Not later than November 1 of each even-numbered year, the PCCF submits a written report to the HHSC Executive Commissioner and Texas Legislature that:
(A) describes current gaps and barriers to the provision of services to children with disabilities and their families through the state's health and human services system; and
(B) provides recommendations consistent with the PCCF's purposes.
(e) Meetings.
(1) Open Meetings. The PCCF complies with the requirements for open meetings under Texas Government Code Chapter 551, as if it were a governmental body.
(2) Frequency. The PCCF will meet at least twice each year.
(3) Quorum. Thirteen members constitutes a quorum.
(f) Membership.
(1) The PCCF is composed of 24 members, with 19 voting members and five ex officio members appointed by the HHSC Executive Commissioner. In selecting the voting members, the HHSC Executive Commissioner considers the applicants' qualifications, background, and interest in serving. The membership comprises:
(A) eleven voting members from families with a child under the age of 26 with a disability, including:
(i) at least one adolescent or young adult under the age of 26 with a disability receiving services from the health and human services system;
(ii) at least one member of a family of a child with mental health care needs; and
(iii) at least one member of a family of a child with autism spectrum disorder;
(B) eight professional voting members, one each to represent the following types of organizations or areas of expertise:
(i) a faith-based organization;
(ii) an organization that is an advocate for children with disabilities;
(iii) a physician providing services to children with complex needs;
(iv) an individual with expertise providing mental health services to children with disabilities;
(v) an organization providing services to children with disabilities and their families;
(vi) an organization providing community services;
(vii) an organization or professional that advocates for or provides services or resources to children and the families of children with autism spectrum disorder; and
(viii) one individual with expertise or experience providing cross-system, holistic support for children and the families of children with disabilities;
(C) five non-voting, ex officio members, one from each of the following state programs and agencies or their successors, as nominated by the represented agency, and appointed by the HHSC Executive Commissioner:
(i) HHSC Medicaid and CHIP Services;
(ii) HHSC Community Services Division;
(iii) Texas Council for Developmental Disabilities;
(iv) Texas Department of Family and Protective Services; and
(v) Texas Department of State Health Services.
(2) Members appointed under paragraphs (1)(A) and (1)(B) of this subsection serve staggered terms so that the terms of approximately one-quarter of these members' terms expire on December 31 of each year. Regardless of the term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.
(3) If a vacancy occurs, the HHSC Executive Commissioner will appoint a person to serve the unexpired portion of that term.
(4) Except as may be necessary to stagger terms, the term of each member is four years. A member may apply to serve one additional term. This paragraph does not apply to members serving under paragraph (1)(C).
(g) Officers. The PCCF selects a chair and vice chair of the PCCF from among its members.
(1) The chair and vice chair of the PCCF will serve a term of two years, with the chair serving until December 31 of each odd-numbered year and the vice chair serving until December 31 of each even-numbered year.
(2) A member may serve up to two consecutive terms as chair or vice chair.
(h) Required Training. Each member must complete all training on relevant statutes and rules, including this section and §351.801 of this division (relating to Authority and General Provisions); Texas Government Code §523.0201; Texas Government Code Chapters 551, 552, and 2110; the HHS Ethics Policy; the Advisory Committee Member Code of Conduct; and other relevant HHS policies. HHSC will provide the training.
(i) Travel Reimbursement. To the extent permitted by the current General Appropriations Act, a member of the committee who receives services from HHSC or is a family member of a client may be reimbursed for their travel to and from meetings if funds are appropriated and available and in accordance with the HHSC Travel Policy. Other committee members are not reimbursed for travel to and from committee meetings.
(j) Date of abolition. The PCCF is abolished, and this section expires on December 31, 2028.
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 October 17, 2024.
TRD-202404890
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (512) 438-5046
SUBCHAPTER L. LOCAL FUNDS MONITORING
1 TAC §§355.8701 - 355.8705, 355.8707
The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.8701, concerning Purpose; §355.8702, concerning Definitions; §355.8703, concerning Applicability; §355.8704, concerning Reporting and Monitoring; §355.8705, concerning Post-Determination Review; and §355.8707, concerning Notification Requirements for the Creation of a Local Provider Participation Fund (LPPF).
Sections 355.8701 - 355.8705 and §355.8707 are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5858). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to add and modify definitions and enhance clarity, consistency, and specificity of the rules. The amendments also reflect best practices learned after the completion of two Local Funding reporting periods and is based on an internal review of Local Funding's current processes.
COMMENTS
The 31-day comment period ended September 9, 2024. During this period, HHSC did not receive any comments regarding these rules.
STATUTORY AUTHORITY
The amendments are authorized by 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; Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; Texas Human Resources Code §32.031(d), which authorizes the Executive Commissioner to pursue the use of local funds as part of the state share under the Medicaid program as provided by federal law and regulation; and Texas Health and Safety Code §300.0154 and §300A.0154, which require the Executive Commissioner of HHSC to adopt rules relating to LPPF reporting.
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 October 17, 2024.
TRD-202404896
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: August 9, 2024
For further information, please call: (737) 867-7877
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, concerning Program Purpose and Scope, comprising of §§375.101 - §375.103; Subchapter B, concerning Contractor Requirements for the Refugee Cash Assistance Program (RCA), comprising of §§375.201, 375.203, 375.205, 375.207, 375.209, 375.211, 375.213, 375.215, 375.217, 375.219, 375.221; Subchapter C, concerning Program Administration for the Refugee Cash Assistance Program (RCA), comprising of §§375.301, 375.303, 375.305, 375.307, 375.309, 375.311, 375.313, 375.315, 375.317, 375.319, 375.321, 375.323, 375.325, 375.327, 375.329, 375.331, 375.333, 375.335, 375.337, 375.339, 375.341, 375.343, 375.345, 375.347, 375.349, 375.351, 375.353; Subchapter D, concerning Refugee Cash Assistance Participant Requirements, comprising of §§375.401, 375.403, 375.405, 375.407, 375.409, 375.411, 375.413, 375.415, 375.417, 375.419; Subchapter E, concerning Refugee Medical Assistance, comprising of §§375.501, 375.503, 375.505, 375.507, 375.509, 375.511, 375.513, 375.515, 375.517, 375.519, 375.521, 375.523, 375.525, 375.527, 375.529, 375.531; Subchapter F, concerning Modified Adjusted Gross Income Methodology, comprising of §§375.601, 375.603, 375.605, 375.607, 375.609, 375.611, 375.613, 375.615, and an amendment to §375.701 in Subchapter G, concerning Local Resettlement Agency Requirements, in Title 1, Part 15, Chapter 375, concerning Refugee Cash Assistance and Medical Assistance Programs.
The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the adoption is to remove rules which are no longer necessary and to update a rule that is required by statute. On September 30, 2016, the State of Texas withdrew from the administration of federally funded refugee services and benefits program effective January 31, 2017, following refusal by the federal Office of Refugee Resettlement to unconditionally approve Texas' amended state refugee plan. Texas Government Code §531.0411 requires rules regarding refugee resettlement program; therefore, §375.701 will be retained and updated.
COMMENTS
The 31-day comment period ended August 19, 2024.
During this period, HHSC did not receive any comments regarding the proposed rules.
SUBCHAPTER A. PROGRAM PURPOSE AND SCOPE
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404873
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404874
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404875
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
1 TAC §§375.401, 375.403, 375.405, 375.407, 375.409, 375.411, 375.413, 375.415, 375.417, 375.419
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404876
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404877
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
1 TAC §§375.601, 375.603, 375.605, 375.607, 375.609, 375.611, 375.613, 375.615
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404878
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
STATUTORY AUTHORITY
The amendment 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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404879
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, concerning Purpose and Scope, comprising of §§376.101 - 376.104; Subchapter B, concerning Contractor Requirements, comprising of §§376.201, 376.203, 376.205, 376.207, 376.209, 376.211, 376.213, 376.215, 376.217, §376.219, 376.221, 376.223, 376.225, 376.227, 376.229, 376.231, 376.233, 376.235, 376.237; Subchapter C, concerning General Program Administration, comprising of §§376.301, 376.303, 376.305, 376.307, 376.309, 376.311, 376.313, 376.315, 376.317, 376.319, 376.321, 376.323, 376.325, 376.327, 376.329, 376.331, 376.333; Subchapter D, concerning Employment Services: Refugee Social Services (RSS), comprising of §§376.401, 376.403, 376.405, 376.407, 376.409, 376.411, 376.413, 376.415, 376.417, 376.419, 376.421, 376.423, §376.425, 376.427; Subchapter E, concerning Employment Services: Refugee Cash Assistance (RCA), comprising of §§376.501, 376.503, 376.505, 376.507, 376.509, 376.511, 376.513, 376.515, 376.517, 376.519; Subchapter F, concerning English as a Second Language (ESL) Services, comprising of §§376.601 and 376.602; Subchapter G, concerning Other Employability Services, comprising of §§376.701, 376.703, 376.705, 376.707, 376.709, 376.711, 376.713, 376.715, 376.717, 376.719, 376.721; Subchapter H, concerning Targeted Assistance Grant (TAG) Services, comprising of §§376.801 - 376.806; Subchapter I, concerning Unaccompanied Refugee Minor (URM) Program, comprising of §§376.901 - 376.907; and an amendment to §376.1001 in Subchapter J, concerning Local Resettlement Agency Requirements, in Title 1, Chapter 376, concerning Refugee Social Services.
The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5231). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the adoption is to remove rules which are no longer necessary and to update a rule that is required by statute. On September 30, 2016, the State of Texas withdrew from the administration of federally funded refugee services and benefits program effective January 31, 2017, following refusal by the federal Office of Refugee Resettlement to unconditionally approve Texas' amended state refugee plan. Texas Government Code §531.0411 requires rules regarding refugee resettlement program; therefore, §376.1001 will be retained and updated.
COMMENTS
The 31-day comment period ended August 19, 2024.
During this period, HHSC did not receive any comments regarding the proposed rules.
SUBCHAPTER A. PURPOSE AND SCOPE
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404880
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404881
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404882
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404883
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
1 TAC §§376.501, 376.503, 376.505, 376.507, 376.509, 376.511, 376.513, 376.515, 376.517, 376.519
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404884
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404885
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404886
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404887
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404888
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585
STATUTORY AUTHORITY
The amendment 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 Government Code §531.0411, which requires the Executive Commissioner of HHSC to adopt rules regarding refugee resettlement.
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 October 17, 2024.
TRD-202404889
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: November 6, 2024
Proposal publication date: July 19, 2024
For further information, please call: (737) 867-7585