Part 2.
DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 101.
ADMINISTRATIVE RULES AND PROCEDURES
The Texas Health and Human Services Commission proposes amendments
to Title 40, Part 2, the rules of the Department of Assistive and Rehabilitative
Services (DARS), by repealing two separate sections in Chapter 101 for the
Division for Blind Services and the Division for Rehabilitation Services concerning
protest procedures, and replacing with a single rule pertaining to protest
procedures applicable to the entire agency. The rules being repealed are §101.3839,
concerning Protest Procedures and §101.4951, concerning Availability
of Protest Procedures. The rule replacing these two rules is 40 TAC §104.301,
in a new Chapter 104 of Title 40, Purchase of Goods and Services by the Department
of Assistive and Rehabilitative Services, and within Chapter 104 in a new
Subchapter J, Protest Procedures. The repeals and replacement are being proposed
to consolidate separate rules concerning protest procedures from two of the
legacy agencies of DARS, the Texas Commission for the Blind, and Texas Rehabilitation
Commission, into one rule concerning protest procedures applicable to the
entire Department of Assistive and Rehabilitative Services.
Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative
Services, estimates that for each year of the first five years that the repeals
will be in effect, there will be no material fiscal implications for state
or local government.
Mr. Wheeler also estimates that for each year of the first five years the
repeals will be in effect, the public benefit anticipated as a result of adopting
the proposed repeals will be the agency's compliance with House Bill 2292,
78th Legislature, Regular Session, and other existing provisions of law pertaining
to provision of health and human services in Texas. There should be no material
economic cost to persons who are required to comply with the rules as proposed
for repeal. There should be no material effect to small or micro businesses.
In accordance with Government Code §2001.022, the Health and Human Services
Commission has determined that the proposed repeals will not affect a local
economy.
Comments on the proposal may be submitted to Roger Darley, Deputy General
Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar
Boulevard, Suite 300, Austin, Texas 78756.
Subchapter F. ADMINISTRATIVE RULES AND PROCEDURES PERTAINING TO BLIND SERVICES
5.
PURCHASE OF GOODS AND SERVICES BY THE COMMISSION
40 TAC §101.3839
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Assistive and Rehabilitative Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Government Code,
Chapter 531, §531.0055(e), which provides the Executive Commissioner
of the Health and Human Services Commission with the authority to promulgate
rules for the operation and provision of health and human services by health
and human services agencies.
No other statute, article, or code is affected by this proposal.
§101.3839.Protest Procedures.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 26, 2006.
TRD-200600410
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: March 12, 2006
For further information, please call: (512) 424-4050
10.
PROTEST PROCEDURES
40 TAC §101.4951
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Assistive and Rehabilitative Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Government Code,
Chapter 531, §531.0055(e), which provides the Executive Commissioner
of the Health and Human Services Commission with the authority to promulgate
rules for the operation and provision of health and human services by health
and human services agencies.
No other statute, article, or code is affected by this proposal.
§101.4951.Availability of Protest Procedures.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 26, 2006.
TRD-200600411
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: March 12, 2006
For further information, please call: (512) 424-4050
Subchapter J. PROTEST PROCEDURES
Subchapter H. PURCHASE OF GOODS AND SERVICES FOR REHABILITATION SERVICES
Chapter 104.
PURCHASE OF GOODS AND SERVICES BY THE DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES