TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 1. STATE AUTHORITY RESPONSIBILITIES
SUBCHAPTER
G.
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §1.301, concerning Purpose; §1.302, concerning Application; §1.303, concerning Definitions; §1.305, concerning Process to Establish a New Community Center; §1.307, concerning Modifying a Community Center's Current Plan; §1.308, concerning Dissolution and Merger of Community Centers; §1.309, concerning Appointment of Manager or Management Team; §1.310, concerning Standards of Administration for Boards of Trustees; §1.311, concerning Civil Rights; and §1.312, concerning Fiscal Controls.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal the rules in 40 TAC Chapter 1, State Authority Responsibilities, Subchapter G, because the rules are duplicative of rules in 26 TAC Chapter 300, Subchapter A.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§1.301 - 1.303, 1.305, and 1.307 - 1.312, in 40 TAC Chapter 1, Subchapter G, removes 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 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 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 new regulations;
(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 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 proposed repeals because the repeals do not impose a cost on regulated persons.
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 TAC.
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 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 24R076" 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 Government Code §532.0051, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program; and Texas Health & Safety Code §533A.0355(a), which provides that the Executive Commissioner of HHSC shall adopt rules establishing the roles and responsibilities of LIDDAs.
The repeals implement Texas Government Code §524.0151 and §532.0051, Texas Human Resources Code §32.021, and Texas Health & Safety Code §533A.0355(a).
§
1.301.
§
1.302.
§
1.303.
§
1.305.
§
1.307.
§
1.308.
§
1.309.
§
1.310.
§
1.311.
§
1.312.
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 29, 2025.
TRD-202501414
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 438-5609
CHAPTER 2. LOCAL AUTHORITY RESPONSIBILITIES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §2.51, concerning Purpose; §2.52, concerning Application; §2.53, concerning Definitions; §2.54, concerning Accountability; §2.55, concerning Procurement; §2.56, concerning Community Services Contracting Requirements; §2.57, concerning Provisions for Community Services Contracts; §2.58, concerning Competitive Procurement Methods for Community Services; §2.59, concerning Non-competitive Procurement of Community Services; §2.60, concerning Open Enrollment; §2.61, concerning Consumer Access to Participating Community Services Contracts in Provider Network; §2.62, concerning Monitoring and Enforcing Community Services Contracts; §2.63, concerning References; §2.64, concerning Distribution; §2.151, concerning Most Appropriate and Available Treatment Alternative; and §2.152, concerning Special Considerations.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal the rules in 40 TAC Chapter 2, Local Authority Responsibilities, Subchapter B and Subchapter D, in Title 40, Part 1, Texas Administrative Code (TAC) because the rules are duplicative of rules in 26 TAC Chapter 301, Subchapter A, and 26 TAC Chapter 306, Subchapter D.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§2.51 - 2.64, 2.151, and 2.152, in 40 TAC Chapter 2, Subchapter B and Subchapter D, removes 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 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 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 new regulations;
(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 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 the repeals do not impose a cost on regulated persons.
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 duplicative rules from the Texas Administrative Code.
Trey Wood has 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 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 24R076" in the subject line.
SUBCHAPTER
B.
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 Health & Safety Code §533A.0355(a), which provides that the Executive Commissioner of HHSC shall adopt rules establishing the roles and responsibilities of LIDDAs.
The repeals implement Texas Government Code §531.0055 and Texas Health & Safety Code §533A.0355(a).
§
2.51.
§
2.52.
§
2.53.
§
2.54.
§
2.55.
§
2.56.
§
2.57.
§
2.58.
§
2.59.
§
2.60.
§
2.61.
§
2.62.
§
2.63.
§
2.64.
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 29, 2025.
TRD-202501415
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 438-5609
SUBCHAPTER
D.
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 Health & Safety Code §533A.0355(a), which provides that the Executive Commissioner of HHSC shall adopt rules establishing the roles and responsibilities of LIDDAs.
The repeals implement Texas Government Code §531.0055 and Texas Health & Safety Code §533A.0355(a).
§
2.151.
§
2.152.
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 29, 2025.
TRD-202501416
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 438-5609