PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745. LICENSING
SUBCHAPTER K. INSPECTIONS AND INVESTIGATIONS
The Texas Health and Human Services Commission (HHSC) adopts in Texas Administrative Code (TAC), Title 40, Chapter 745, the repeal of Subchapter K, Inspections and Investigations, which consists of the repeal of §§745.8401, 745.8403, 745.8405, 745.8407, 745.8409, 745.8411, 745.8413, 745.8415, 745.8417, 745.8419, 745.8421, 745.8423, 745.8425, 745.8427, 745.8441, 745.8443, 745.8445, 745.8447, 745.8449, 745.8451, 745.8453, 745.8455, 745.8481, 745.8483, 745.8485, 745.8487, 745.8489, 745.8491, 745.8493, 745.8495, 745.8511, 745.8513, 745.8515, 745.8517, 745.8519, 745.8521, 745.8523, 745.8525, 745.8527, 745.8529, 745.8531, 745.8533, 745.8551, 745.8553, 745.8555, 745.8557, 745.8559, 745.8561, 745.8581, 745.8583, and 745.8585.
All the repealed sections in TAC Title 40, Chapter 745, Subchapter K, are adopted without changes to the proposed text as published in the March 17, 2023, issue of the Texas Register (48 TexReg 1536). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repealed sections are necessary to finalize the rule compliance requirements for House Bill (H.B.) 5, 85th Legislature, Regular Session, 2017, directing the Texas Department of Family and Protective Services (DFPS) to become a stand-alone agency that is separate from the Texas Health and Human Services Commission (HHSC) and the health and human services system. This bill also moved the regulation of child care from DFPS to HHSC, with only the responsibility for investigating allegations of child abuse, neglect, and exploitation in child care operations remaining at DFPS.
Since HHSC Child Care Regulation (CCR) is responsible for the administrative rules in TAC Title 40, Chapter 745, Licensing, that impact child care operations, these rules had to be transferred from DFPS to HHSC. In 2019 CCR administratively transferred all the rules in Title 40, TAC, Chapter 745 to Title 26, TAC, Chapter 745, except for Subchapters K and M; those subchapters could not be administratively transferred since some of the rules also applied to responsibilities that remained with DFPS. In March 2023, CCR repealed Title 40, Chapter 745, Subchapter M, Administrative Reviews and Due Process Hearings, and adopted new rules in Title 26, Chapter 745, Subchapter M, Administrative Reviews and Due Process Hearings.
DFPS has also adopted rules applicable to DFPS responsibilities in Title 40, Chapter 707. In addition, CCR is adopting and publishing elsewhere in this issue of the Texas Register a new rule in Title 26, Chapter 745, Subchapter B, Child Care and Other Operations that We Regulate, and new rules in new Subchapter I, Non-Enforcement Voluntary Actions, and new Subchapter K, Inspections, Investigations, and Confidentiality, all applicable to CCR responsibilities. Accordingly, CCR is adopting the repeal of Title 40, Chapter 745, Subchapter K, Inspections and Investigations, including the repeal of the rules in that subchapter.
COMMENTS
The 31-day comment period ended April 17, 2023. During this period, HHSC did not receive any comments regarding the proposed repeal.
DIVISION 1. OVERVIEW OF INSPECTIONS AND INVESTIGATIONS
STATUTORY AUTHORITY
The repealed sections are adopted under 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 Government Code §531.02011, which transferred the regulatory functions of DFPS to HHSC. In addition, Texas Human Resources Code (HRC) §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
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 July 6, 2023.
TRD-202302436
Karen Ray
Chief Counsel
Department of Family and Protective Services
Effective date: August 23, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 438-3269
40 TAC §§745.8441, 745.8443, 745.8445, 745.8447, 745.8449, 745.8451, 745.8453, 745.8455
STATUTORY AUTHORITY
The repealed sections are adopted under 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 Government Code §531.02011, which transferred the regulatory functions of DFPS to HHSC. In addition, Texas Human Resources Code (HRC) §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
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 July 6, 2023.
TRD-202302437
Karen Ray
Chief Counsel
Department of Family and Protective Services
Effective date: August 23, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 438-3269
40 TAC §§745.8481, 745.8483, 745.8485, 745.8487, 745.8489, 745.8491, 745.8493, 745.8495
STATUTORY AUTHORITY
The repealed sections are adopted under 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 Government Code §531.02011, which transferred the regulatory functions of DFPS to HHSC. In addition, Texas Human Resources Code (HRC) §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
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 July 6, 2023.
TRD-202302438
Karen Ray
Chief Counsel
Department of Family and Protective Services
Effective date: August 23, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The repealed sections are adopted under 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 Government Code §531.02011, which transferred the regulatory functions of DFPS to HHSC. In addition, Texas Human Resources Code (HRC) §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
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 July 6, 2023.
TRD-202302439
Karen Ray
Chief Counsel
Department of Family and Protective Services
Effective date: August 23, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 438-3269
40 TAC §§745.8551, 745.8553, 745.8555, 745.8557, 745.8559, 745.8561
STATUTORY AUTHORITY
The repealed sections are adopted under 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 Government Code §531.02011, which transferred the regulatory functions of DFPS to HHSC. In addition, Texas Human Resources Code (HRC) §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
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 July 6, 2023.
TRD-202302440
Karen Ray
Chief Counsel
Department of Family and Protective Services
Effective date: August 23, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 438-3269
40 TAC §§745.8581, 745.8583, 745.8585
STATUTORY AUTHORITY
The repealed sections are adopted under 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 Government Code §531.02011, which transferred the regulatory functions of DFPS to HHSC. In addition, Texas Human Resources Code (HRC) §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.
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 July 6, 2023.
TRD-202302441
Karen Ray
Chief Counsel
Department of Family and Protective Services
Effective date: August 23, 2023
Proposal publication date: March 17, 2023
For further information, please call: (512) 438-3269