TITLE 40. SOCIAL SERVICES AND ASSISTANCE

DIVISION 2. STATE INDEPENDENT LIVING COUNCIL

40 TAC §§101.401, 101.403, 101.405, 101.407, 101.409

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§101.401, concerning Purpose; 101.403, concerning Legal Authority; 101.405, concerning Definitions; 101.407, concerning Tasks; and 101.409, concerning Funding.

BACKGROUND AND PURPOSE

The State Independent Living Council (SILC) was created as a result of the Rehabilitation Act (Act) in Title 29 United States Code Section 796d. The Act requires Texas to maintain a SILC. Rules for the SILC were originally adopted in 1993 in accordance with , which required state agencies to outline in rule the committees and councils which advise the state.

These rules are not needed because the SILC is not considered an advisory body, as defined in Texas Government Code §2110.001, and SILC's primary function does not include advising the state. The requirements for the SILC are specified in the Act. The purpose of this proposal is to repeal the unnecessary rules related to the SILC.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§101.401, 101.403, 101.405, 101.407, and 101.409 deletes the rules because the content of the rules is not necessary.

FISCAL NOTE

Victoria Grady, Deputy Chief, Finance, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules 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 rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of HHSC employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to HHSC;

(5) the proposed rules will not create a new regulation;

(6) the proposed rules will repeal existing regulations;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Victoria Grady has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the repealed rules will be removed and do not apply to small or micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Libby Elliott, Director, Rules and Advisory Committees Office, has determined that for each year of the first five years the rules are in effect, the public will benefit from the repeal because these rules are outdated and obsolete .

Victoria Grady has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules do not impose costs on regulated persons and remove outdated and obsolete rules from TAC.

TAKINGS IMPACT ASSESSMENT

HHSC 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, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, 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 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 26R077" in the subject line.

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rulemaking authority.

The repeals affect Texas Government Code §524.0151 and §524.0005.

§101.401. Purpose.

§101.403. Legal Authority.

§101.405. Definitions.

§101.407. Tasks.

§101.409. Funding.

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 August 18, 2026.

TRD-202603627

Karen Ray

Chief Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 221-9021

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