TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 61. VOLUNTEER AND COMMUNITY ENGAGEMENT

40 TAC §§61.101 - 61.107

The Texas Health and Human Services Commission (HHSC) adopts the repeal of §§61.101 - 61.107, in Chapter 61, Volunteer and Community Engagement, of Title 40, Part 1. The repeals are adopted without changes to the proposed text as published in the September 21, 2018, issue of the Texas Register (43 TexReg 6209).

BACKGROUND AND JUSTIFICATION

The Texas Secretary of State created Title 26, Part 1, of the Texas Administrative Code to consolidate rules that govern functions of HHSC. These rules are currently in Titles 1, 25, and 40. As part of the consolidation into Title 26, HHSC adopts the repeal of the rules in Title 40, Chapter 61. New rules in Title 26, Chapter 901, Volunteer and Community Engagement, are adopted elsewhere in this issue of the Texas Register.

COMMENTS

The 30-day comment period ended October 22, 2018.

During this period, HHSC did not receive any comments or recommendations regarding the proposed rule.

ADDITIONAL INFORMATION

For further information, please call: (512) 438-4919.

STATUTORY AUTHORITY

The repeal of the rules is authorized under Texas Government Code §531.0055, which provides that the HHSC Executive Commissioner shall adopt rules for the operation of and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code Chapter 2109, which requires HHSC to use volunteers and develop a volunteer program; Texas Government Code §2255.001, which requires a state agency that is authorized by statute to accept money from a private donor, or for which a private organization exists that is designed to further the purposes and duties of the agency, to adopt rules governing the relationship between the donor or organization and between the agency and its employees.

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 January 17, 2019.

TRD-201900146

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Effective date: February 6, 2019

Proposal publication date: September 21, 2018

For further information, please call: (512) 438-4919