PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 89. ADVISORY COMMITTEES
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all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with now repealed Texas Government Code §531.0201 and §531.02011. Pursuant to §531.0011, references to DADS regarding functions transferred under now repealed §531.0201 and §531.02011 are now references to HHSC. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate.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 proposes the repeal of Chapter 89, §89.1, concerning Definitions, §89.2, concerning Authorization and General Provisions, §89.3, concerning Aging and Disability Resource Center Advisory Committee, and §89.5, concerning Foster Grandparent Program Advisory Councils.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, transferred the Aging and Disability Resource Center and Foster Grandparent Program advisory committees to HHSC.
The rules related to the Aging and Disability Resource Center Advisory Committee and the Foster Grandparent Program Advisory Councils are being repealed because there is either no statutory requirement for the committees or the purpose of the committees are being met in other ways.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §89.1 deletes the rule because definitions for HHSC advisory committees exist in 1 TAC §351.801.
The proposed repeal of §89.2 deletes the rule because the authorization and general provisions for HHSC advisory committees exist in 1 TAC §351.801.
The proposed repeal of §89.3 deletes the rule because there is no statutory requirement for the committee and the purpose of the committee is being met in other ways.
The proposed repeal of §89.5 deletes the rule because there is no statutory requirement for the committee and the purpose of the committee is being met in other ways.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the repeals do not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be repealed.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because these repeals do not impose a cost on regulated persons and the repeals are necessary to implement legislation that does not specifically state that Section §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Haley Turner, Deputy Executive Commissioner of Community Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the repeals abolish two advisory committees and do not impose any new requirements.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R022" in the subject line.
STATUTORY AUTHORITY
The repeals 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 Government Code Chapter 2110, which establishes how a state agency may create an advisory committee, and Texas Government Code §523.0201, which provides that the Executive Commissioner of HHSC shall establish and maintain advisory committees.
The repeals affect Texas Government Code §531.0055, Chapter 2110, and Texas Government Code §523.0201.
§89.1.Definitions.
§89.2.Authorization and General Provisions.
§89.3.Aging and Disability Resource Center Advisory Committee.
§89.5.Foster Grandparent Program Advisory Councils.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 21, 2024.
TRD-202404918
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: December 1, 2024
For further information, please call: (512) 840-8536