TITLE 1. ADMINISTRATION
PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 392. PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS
SUBCHAPTER
C.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §392.201, concerning Definitions; §392.203, concerning Staff Qualifications; §392.205, concerning Criminal Background Checks; and §392.207, concerning Safety.
BACKGROUND AND PURPOSE
Currently, the rules for the Children's Autism Program are located in two separate chapters in the Texas Administrative Code (TAC). The purpose of the proposal is to repeal the program rules in 1 TAC Chapter 392, Subchapter C, Autism Program. The proposed repeals remove outdated references to the Department of Assistive and Rehabilitative Services (DARS) and allows the Texas Health and Human Services Commission (HHSC) to locate all of the Children's Autism Program rules in 26 TAC, Chapter 358.
HHSC is proposing new, amended, and repealed rules in 26 TAC, Chapter 358, Children's Autism Program, to replace the repealed rules and to update and organize the repealed rules with other rules in Chapter 358. The proposed new, amended, and repealed rules in Chapter 358 are published elsewhere in this issue of the Texas Register.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §392.201, §392.203, §392.205, and §392.207 removes the rules so that all of the Children's Autism Program rules can be located in one chapter of the TAC where the rules can be updated.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does 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 rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will not create a new regulation;
(6) the proposed rules will repeal existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules 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 related to the repeals as there are no requirements to alter business practices.
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 rules because the repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Haley Turner, Deputy Executive Commissioner for Community Services, has determined that for each year of the first five years the repeals are in effect, the public will benefit from having all of the Children's Autism Program rules in one chapter in the Texas Administrative Code.
Trey Wood has also determined that 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 do not impose any 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, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe 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 25R044" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Human Resources Code §117.082, which requires HHSC to adopt rules for the children's autism program; and Texas Human Resources Code, Chapter 114, which directs HHSC to perform the duties and functions of the Texas Council on Autism and Pervasive Developmental Disorders.
The repeals implement Texas Government Code §524.0151 and Texas Human Resources Code §117.082, and Texas Human Resources Code Chapter 114.
§392.201.
§392.203.
§392.205.
§392.207.
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 April 20, 2026.
TRD-202601675
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: May 31, 2026
For further information, please call: (512) 815-6272