TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 1. STATE AUTHORITY RESPONSIBILITIES

SUBCHAPTER G. COMMUNITY CENTERS

40 TAC §§1.301 - 1.303, 1.305, 1.307 - 1.312

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts 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.

The repeal of §§1.301 - 1.303, 1.305, and 1.307 - 1.312 are adopted without changes as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2959). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of the rules in 40 TAC Chapter 1, State Authority Responsibilities, Subchapter G, is necessary because the rules are duplicative of rules in 26 TAC Chapter 300, Subchapter A.

COMMENTS

The 31-day comment period ended June 16, 2025.

During this period, HHSC did not receive any comments regarding the proposed repeals.

STATUTORY AUTHORITY

The repeals are adopted under 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, and Texas Health and Safety Code Chapter 534, Subchapter A, which provides that the executive commissioner of HHSC shall adopt rules related to community center plans, and review, audit, and appeal procedures for community centers.

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 September 29, 2025.

TRD-202503491

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Effective date: October 19, 2025

Proposal publication date: May 16, 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) adopts the repeal of Chapter 2 in Texas Administrative Code Title 40, Part 1, concerning Local Authority Responsibilities, consisting 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.

The repeal of §§2.51 - 2.64, 2.151, and 2.152 are adopted without changes as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2960). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of the rules in 40 TAC Chapter 2, Local Authority Responsibilities is necessary because the rules are duplicative of rules in 26 TAC Chapter 301, Subchapter A, and 26 TAC Chapter 306, Subchapter D.

COMMENTS

The 31-day comment period ended June 16, 2025.

During this period, HHSC did not receive any comments regarding the proposed repeals.

SUBCHAPTER B. CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES

40 TAC §§2.51 - 2.64

STATUTORY AUTHORITY

The repeals are adopted under 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 agencies; and Texas Health and Safety Code §533A.0355(a), which provides that the executive commissioner of HHSC shall adopt rules establishing the roles and responsibilities of LIDDAs.

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 September 29, 2025.

TRD-202503492

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Effective date: October 19, 2025

Proposal publication date: May 16, 2025

For further information, please call: (512) 438-5609


SUBCHAPTER D. MENTAL HEALTH SERVICES--ADMISSION, CONTINUITY, AND DISCHARGE

40 TAC §2.151, §2.152

STATUTORY AUTHORITY

The repeals are adopted under 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 agencies; and Texas Health and Safety Code §533A.0355(a), which provides that the executive commissioner of HHSC shall adopt rules establishing the roles and responsibilities of LIDDAs.

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 September 29, 2025.

TRD-202503493

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Effective date: October 19, 2025

Proposal publication date: May 16, 2025

For further information, please call: (512) 438-5609