PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 94. NURSE AIDES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Title 40, Part 1, Chapter 94, Nurse Aides, consisting of §94.1.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011. In September 2018, the rules pertaining to Nurse Aides in Chapter 94 were repealed and proposed as new rules in Title 26, Part 1, Chapter 556, and a reference to those rules was adopted in Chapter 94. This reference is no longer needed and not the current practice for repealing and proposing new rules.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §94.1 deletes the rule as it is no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the repealed rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.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HHSC has determined that during the first five years that the repealed rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of HHSC employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to HHSC;
(5) the proposed rule will not create a new rule;
(6) the proposed rule will not expand, limit, or repeal an existing rule;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule 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. The proposed repeal is for a rule that only provides a reference to the new location of the rules pertaining to Nurse Aides.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner, Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public will benefit from removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the rule only provides a reference to the new location of the rules pertaining to Nurse Aides.
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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, 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 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 23R036" in the subject line.
STATUTORY AUTHORITY
The repeal is 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 Government Code §531.0202(b), abolishing DADS, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011.
The repeal affects Texas Government Code §531.0055 and §531.0202.
§94.1.Reference to Chapter 94.
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 October 2, 2023.
TRD-202303671
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: November 19, 2023
For further information, please call: (512) 221-9021
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Title 40, Part 1, Chapter 95, Medication Aides--Program Requirements, consisting of §95.1.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011. In September 2018, the rules pertaining to Medication Aides--Program Requirements in Chapter 95 were repealed and proposed as new rules in Title 26, Part 1, Chapter 557, and a reference to those rules was adopted in Chapter 95. This reference is no longer needed and not the current practice for repealing and proposing new rules.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §95.1 deletes the rule as it is no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the repealed rule will be in effect, enforcing or administering the rule 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 repealed rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of HHSC employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to HHSC;
(5) the proposed rule will not create a new rule;
(6) the proposed rule will not expand, limit, or repeal an existing rule;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule 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. The proposed repeal is for a rule that provides a reference to the new location of the rules pertaining to Medication Aides--Program Requirements.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner, Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public will benefit from removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the rule only provides a reference to the new location of the rules pertaining to Medication Aides--Program Requirements.
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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, 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 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 23R036" in the subject line.
STATUTORY AUTHORITY
The repeal is 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 Government Code §531.0202(b), abolishing DADS, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011.
The repeal affects Texas Government Code §531.0055 and §531.0202.
§95.1.Reference to Chapter 95.
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 October 2, 2023.
TRD-202303672
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: November 19, 2023
For further information, please call: (512) 221-9021
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Title 40, Part 1, Chapter 99, Denial or Refusal of License, consisting of §99.1.
BACKGROUND AND PURPOSE
The purpose of the proposal is to remove unnecessary rules from the Texas Administrative Code. As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011. In September 2018, the rules pertaining to Denial or Refusal of License in Chapter 99 were repealed and proposed as new rules in Title 26, Part 1, Chapter 560, and a reference to those rules was adopted in Chapter 99. This reference is no longer needed and not the current practice for repealing and proposing new rules.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §99.1 deletes the rule as it is no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the repealed rule will be in effect, enforcing or administering the rule 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 repealed rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of HHSC employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to HHSC;
(5) the proposed rule will not create a new rule;
(6) the proposed rule will not expand, limit, or repeal an existing rule;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule 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. The proposed repeal is for a rule that provides a reference to the new location of the rules pertaining to Denial or Refusal of License.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner, Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public will benefit from removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the rule only provides a reference to the new location of the rules pertaining to Denial or Refusal of License.
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 Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, 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 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 23R036" in the subject line.
STATUTORY AUTHORITY
The repeal is 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 Government Code §531.0202(b), abolishing DADS, after all of its functions were transferred to HHSC in accordance with Texas Government Code §531.0201 and §531.02011.
The repeal affects Texas Government Code §531.0055 and §531.0202.
§99.1.Reference to Chapter 99.
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 October 2, 2023.
TRD-202303673
Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: November 19, 2023
For further information, please call: (512) 221-9021
CHAPTER 800. GENERAL ADMINISTRATION
SUBCHAPTER N. REPORTING WORKPLACE VIOLENCE
The Texas Workforce Commission (TWC) proposes the following new subchapter to Chapter 800, relating to General Administration:
Subchapter N. Reporting Workplace Violence, §800.600
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed Chapter 800 rule change is to establish rules as required by House Bill (HB) 915, 88th Texas Legislature, Regular Session (2023), which added Chapter 104A to the Texas Labor Code. HB 915 requires employers to post a notice to employees providing contact information so that employees can anonymously report their concerns regarding workplace violence or suspicious activities to the Texas Department of Public Safety.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
SUBCHAPTER N. REPORTING WORKPLACE VIOLENCE
The Commission proposes new Subchapter N as follows:
New Subchapter N, regarding reporting workplace violence, provides rules regarding the form and content of a reporting workplace violence poster as required by HB 915 and Texas Labor Code Chapter 104A.
§800.600. Reporting Workplace Violence
New §800.600 prescribes the form and content of a reporting workplace violence poster as required by HB 915 and Texas Labor Code Chapter 104A.
PART III. IMPACT STATEMENTS
Chris Nelson, Chief Financial Officer, has determined that for each year of the first five years the rules will be in effect, the following statements will apply:
There are no additional estimated costs to the state and to local governments expected as a result of enforcing or administering the rules.
There are no estimated cost reductions to the state and to local governments as a result of enforcing or administering the rules.
There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.
There are no foreseeable implications relating to costs or revenue of the state or local governments as a result of enforcing or administering the rules.
There are no anticipated economic costs to individuals required to comply with the rules.
There is no anticipated adverse economic impact on small businesses, microbusinesses, or rural communities as a result of enforcing or administering the rules.
Based on the analyses required by Texas Government Code §2001.024, TWC has determined that the requirement to repeal or amend a rule, as required by Texas Government Code §2001.0045, does not apply to this rulemaking.
Takings Impact Assessment
Under Texas Government Code §2007.002(5), "taking" means a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the US Constitution or the Texas Constitution, §17 or §19, Article I, or restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action, and is the producing cause of a reduction of at least 25 percent in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect. TWC completed a Takings Impact Analysis for the proposed rulemaking action under Texas Government Code §2007.043. The primary purpose of this proposed rulemaking action, as discussed elsewhere in this preamble, is to prescribe the form and content of the reporting workplace violence poster as required by HB 915.
The proposed rulemaking action will not create any additional burden on private real property or affect private real property in a manner that would require compensation to private real property owners under the US Constitution or the Texas Constitution. The proposal also will not affect private real property in a manner that restricts or limits an owner's right to the property that would otherwise exist in the absence of the governmental action. Therefore, the proposed rulemaking will not cause a taking under Texas Government Code Chapter 2007.
Government Growth Impact Statement
TWC has determined that during the first five years the rules will be in effect, they:
--will not create or eliminate a government program;
--will not require the creation or elimination of employee positions;
--will not require an increase or decrease in future legislative appropriations to TWC;
--will not require an increase or decrease in fees paid to TWC;
--will not create a new regulation;
--will not expand, limit, or eliminate an existing regulation;
--will not change the number of individuals subject to the rules; and
--will not positively or adversely affect the state's economy.
Economic Impact Statement and Regulatory Flexibility Analysis
TWC has determined that the rules will not have an adverse economic impact on small businesses or rural communities, as the proposed rules place no requirements on small businesses or rural communities.
Mariana Vega, Director, Labor Market Information, has determined that there is not a significant negative impact upon employment conditions in the state as a result of the rules.
Chuck Ross, Director, Fraud Deterrence and Compliance Monitoring, has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the proposed rules will be to provide employers with a simple and efficient way to meet their workplace violence posting obligations under the new law.
TWC hereby certifies that the proposal has been reviewed by legal counsel and found to be within TWC's legal authority to adopt.
PART IV. COORDINATION ACTIVITIES
HB 915 requires joint rulemaking between TWC and the Texas Department of Public Safety.
PART V. PUBLIC COMMENTS
Comments on the proposed rules may be submitted to TWCPolicyComments@twc.texas.gov and must be received no later than November 20, 2023.
PART VI. STATUTORY AUTHORITY
The rules are proposed under Texas Labor Code §104A.003, as enacted by House Bill 915, 88th Texas Legislature, Regular Session (2023), which provides TWC authority to prescribe the form and content of the notice required under Texas Labor Code Chapter 104A.
The proposed rules affect Title 3, Texas Labor Code, particularly Chapter 104A.
§800.600.Reporting Workplace Violence.
(a) The purpose of this subchapter is to prescribe the form and content of the reporting workplace violence poster as required by House Bill 915, 88th Texas Legislature, Regular Session (2023), and Texas Labor Code Chapter 104A.
(b) Definitions:
(1) In this section, "Employee" and "Employer" shall have the meanings established under Texas Labor Code §104A.001.
(2) "Notice" means a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the Texas Department of Public Safety.
(c) Each employer shall post the notice described in subsection (b) of this section:
(1) in a conspicuous place in the employer's place of business;
(2) in sufficient locations to be convenient to all employees; and
(3) in English and Spanish, as appropriate.
(d) A notice under this subchapter complies with Texas Labor Code, Chapter 104A, if, at a minimum, the following is conveyed:
Figure: 40 TAC §800.600(d) (.pdf)
(e) The Agency will make an electronic copy of the Reporting Workplace Violence poster available on the Agency's website, which will be free of charge and allow employers to print a copy of the poster.
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 October 3, 2023.
TRD-202303677
Les Trobman
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: November 19, 2023
For further information, please call: (512) 850-8356