PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER A. STANDARD OPERATING PROCEDURES
25 TAC §§417.47, 417.49, 417.50
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §417.47, concerning Training Requirements for State Mental Health Facilities; §417.49, concerning References; and concerning §417.50, Distribution.
BACKGROUND AND PURPOSE
The purpose of the proposed repeals is to reflect the move of the state hospitals from the Department of State Health Services (DSHS) to HHSC by moving HHSC rules from Texas Administrative Code (TAC) Title 25, Chapter 417, Subchapter A to 26 TAC Chapter 926 and consolidate HHSC rules. These rules will be repealed, updated, and placed in 26 TAC Chapter 926. The new rules are proposed simultaneously elsewhere in this issue of the Texas Register.
SECTION-BY-SECTION SUMMARY
The repeal of the rules in 25 TAC Chapter 417, Subchapter A will delete the rules from 25 TAC and place updated rules in 26 TAC to reflect the transfer of functions from DSHS to HHSC.
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 a new rule;
(6) the proposed repeals will repeal existing rules;
(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 repeals do not apply to small businesses, micro-businesses, or rural communities.
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
Scott Schalchlin, Deputy Executive Commissioner of Health and Specialty Care System, has determined that for each year of the first five years the repeals are in effect, the public benefit will be the removal of rules no longer associated with DSHS from 25 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 repeals because the repeals do not impose a cost.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her 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 HHSC, Mail Code E619, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HealthandSpecialtyCare@hhsc.state.tx.us.
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 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 23R006" 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, and Health and Safety Code §552.052, which requires HHSC to provide certain training for employees of State Hospitals and requires the Executive Commissioner to adopt rules to require State Hospitals to provide refresher training courses to employees.
The repeals affect Texas Government Code §531.0055 and Texas Health and Safety Code §552.052.
§417.47.Training Requirements for State Mental Health Facilities.
§417.49.References.
§417.50.Distribution.
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 November 20, 2023.
TRD-202304329
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: January 7, 2024
For further information, please call: (512) 438-3049