PART 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 106. DIVISION FOR BLIND SERVICES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes 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.
BACKGROUND AND PURPOSE
Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015, transferred the functions of the Department of Assistive and Rehabilitative Services (DARS) to HHSC. S.B. 208, 84th Legislature, Regular Session, 2015, transferred the Vocational Rehabilitation (VR) Program from DARS to the Texas Workforce Commission (TWC). HHSC is repealing the rules in 40 TAC Chapter 106, Division for Blind Services, because HHSC no longer oversees that program. The Texas Workforce Commission 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.
SECTION-BY-SECTION SUMMARY
The proposed repeal of 40 TAC Chapter 106, concerning Division for Blind Services, deletes rules that are no longer necessary.
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, Chief Financial Officer, has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be removed.
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 are necessary to implement legislation that does not specifically state that Section 2001.0045 applies to the rule.
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 rules will be removed.
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 24R079" in the subject line.
SUBCHAPTER B. VOCATIONAL REHABILITATION PROGRAM
DIVISION 1. PROGRAM AND SUBCHAPTER PURPOSE
40 TAC §§106.201, 106.203, 106.205
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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeals implement Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.201.Purpose.
§106.203.Legal Authority.
§106.205.Definitions.
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 10, 2024.
TRD-202404810
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 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 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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeals implement Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.307.Application.
§106.309.Eligibility.
§106.311.Prohibited Factors.
§106.313.Eligibility Determination Time Frame.
§106.315.Determination of Ineligibility.
§106.317.Case Closure.
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 10, 2024.
TRD-202404811
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 2024
For further information, please call: (512) 840-8536
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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeals implement Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.407.Provision of Services.
§106.409.Assessment for Determining Eligibility, Vocational Rehabilitation Needs, and Rehabilitation Technology Needs.
§106.411.Physical and Mental Restoration Services.
§106.413.Vocational and Other Training Services.
§106.415.Maintenance.
§106.417.Transportation.
§106.419.Services to Family Members.
§106.421.Interpreter Services and Note-Taking Services for Consumers Who Are Deaf and Tactile Interpreting for Consumers Who Are Deafblind.
§106.423.Reader Services and Rehabilitation Teaching Services.
§106.425.Employment Assistance.
§106.427.Post-Employment Services.
§106.429.Occupational Licenses, Tools, Equipment, and Initial Stocks and Supplies.
§106.431.Assistive Technology Devices.
§106.433.Individualized Plan for Employment (IPE).
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 10, 2024.
TRD-202404812
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 2024
For further information, please call: (512) 840-8536
40 TAC §§106.501, 106.507, 106.509
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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeals implement Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.501.Purpose of Consumer Participation.
§106.507.Scope of Consumer Participation.
§106.509.Refusal to Disclose Economic Resources.
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 10, 2024.
TRD-202404813
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 2024
For further information, please call: (512) 840-8536
STATUTORY AUTHORITY
The repeal is 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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeal implements Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.607.Comparable Services and Benefits.
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 10, 2024.
TRD-202404814
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 2024
For further information, please call: (512) 840-8536
STATUTORY AUTHORITY
The repeal is 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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeal implements Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.707.Application of an Order of Selection.
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 10, 2024.
TRD-202404815
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 2024
For further information, please call: (512) 840-8536
40 TAC §§106.801, 106.803, 106.805, 106.807, 106.809
STATUTORY AUTHORITY
The repeal is 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, and Texas Human Resources Code §117.073, which authorizes HHSC to adopt rules necessary for DARS to administer human services programs to persons who are blind, deaf, or hard of hearing.
The repeal implements Texas Government Code §531.0055 and Texas Human Resources Code §117.073.
§106.801.Purpose.
§106.803.Legal Authority.
§106.805.Definitions.
§106.807.Eligibility.
§106.809.Certificate of Blindness for Tuition Waiver.
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 10, 2024.
TRD-202404816
Karen Ray
Chief Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: November 24, 2024
For further information, please call: (512) 840-8536