TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 745. LICENSING

SUBCHAPTER N. ADMINISTRATOR'S LICENSING

The Texas Health and Human Services Commission (HHSC) adopts new §745.8914 and §745.9030 without changes to the proposed text as published in the September 6, 2019, issue of the Texas Register (44 TexReg 4844), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

The new sections are necessary to comply with Senate Bill (S.B.) 1200, 86th Legislature, Regular Session, 2019, which adds §55.0041 to the Texas Occupations Code to recognize certain out-of-state licenses for military spouses. The rules allow a military spouse to act as an administrator for a general residential operation, child-placing agency, or both without obtaining an administrator's license from Child Care Licensing (CCL), a division of HHSC. The rules require the military spouse to be currently licensed in good standing by another state that has licensing requirements substantially equivalent to the requirements for a CCL administrator's license in Texas. CCL regulates administrator's licenses and promulgates rules related to that regulation under Chapter 43, Texas Human Resources Code.

COMMENTS

The 31-day comment period ended October 7, 2019.

During this period, HHSC received comments regarding the proposed rules from four commenters, including Texas Foster Care and Adoption Services, New Life Refuge Ministries, one licensed child care administrator, and one individual. A summary of comments relating to §745.8914 and §745.9030 and HHSC's response follows.

Comment: Two commenters were generally opposed to a military spouse acting as an administrator without obtaining a license from CCL.

Response: HHSC disagrees with the comments. The rules are necessary for CCL's regulation of administrators under Chapter 43, Human Resources Code and to comply with S.B. 1200.

Comment: One commenter opposed the rules because the process would require additional paperwork in assuring the standards were the same, and if military spouses did have this right then all persons should have this right, not just military spouses.

Response: HHSC disagrees with the comment. Section 745.9030 clarifies that any additional paperwork will be completed at the front end of the process, and S.B. 1200 only applies to military spouses.

Comment: One commenter supported the rules because it was a good idea considering the current shortage of administrators.

Response: HHSC agrees with comment.

DIVISION 1. OVERVIEW OF ADMINISTRATOR'S LICENSING

26 TAC §745.8914

STATUTORY AUTHORITY

The new section is 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.

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 October 24, 2019.

TRD-201903902

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: December 1, 2019

Proposal publication date: September 6, 2019

For further information, please call: (512) 438-5559


DIVISION 5. MILITARY MEMBERS, MILITARY SPOUSES, AND MILITARY VETERANS

26 TAC §745.9030

STATUTORY AUTHORITY

The new section is 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.

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 October 24, 2019.

TRD-201903901

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: December 1, 2019

Proposal publication date: September 6, 2019

For further information, please call: (512) 438-5559