PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296. TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER H. LICENSE AND REGISTRATION PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of Texas Administrative Code (TAC), Title 25, Subchapter H, concerning License and Registration Provisions Related to Military Service Members, Military Veterans, and Military Spouses, and §296.131, concerning Military Service Members, Military Veterans, and Military Spouses.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal a rule no longer required due to implementation of Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, extending occupational reciprocity to military service members. DSHS implemented S.B. 422 by adopting amended 25 TAC §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse, and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
SECTION-BY-SECTION SUMMARY
The proposed repeal removes Subchapter H because the only rule it contains is being repealed.
The proposed repeal of §296.131 removes the rule as no longer necessary. This will avoid repetitive or inconsistent rule language with adopted rules in 25 TAC Chapter 1.
FISCAL NOTE
Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years the repeal will be in effect, enforcing or administering the repeal does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeal will be in effect:
(1) the proposed repeal will not create or eliminate a government program;
(2) implementation of the proposed repeal will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeal will result in no assumed change in future legislative appropriations;
(4) the proposed repeal will not affect fees paid to DSHS;
(5) the proposed repeal will not create a new regulation;
(6) the proposal will repeal an existing regulation;
(7) the proposed repeal will not change the number of individuals subject to the rule; and
(8) the proposed repeal will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeal does not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rule.
LOCAL EMPLOYMENT IMPACT
The proposed repeal will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas and does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Timothy Stevenson, DSHS Associate Commissioner, Consumer Protection Division, has determined that for each year of the first five years the repeal is in effect, the public benefit will be repealing a rule that is no longer required. DSHS proposes the repeal of 25 TAC §296.131 because this rule does not establish rule requirements beyond those adopted in amendments to 25 TAC §1.81 and new 25 TAC §1.91 pursuant to S.B. 422.
Christy Havel Burton 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.
TAKINGS IMPACT ASSESSMENT
DSHS 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 the Environmental Operations Branch Rules Coordinator, DSHS, Mail Code 2835, P.O. Box 149347, Austin, Texas, 78714-9347, hand delivered to the Environmental Operations Branch Rules Coordinator, DSHS, Mail Code 2835, 1100 West 49th Street, Austin, Texas 78756, or by email to EHGRulesCoordinator@dshs.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 23R081" in the subject line.
STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001 to implement Texas Occupations Code, Chapter 1954.
The repeal implements Texas Health and Safety Code, Chapter 1001; Texas Government Code, Chapter 531; and Texas Occupations Code, Chapter 1954.
§296.131.Military Service Members, Military Veterans, and Military Spouses.
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 3, 2024.
TRD-202401374
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 834-6787