Part 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 106. DIVISION FOR BLIND SERVICES
Subchapter I. BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM
Division 1. GENERAL INFORMATION
(Editor's note: The text of the following section proposed for repeal will not be published.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 Texas Health and Human Services Commission proposes amendments to the rules of the Department of Assistive and Rehabilitative Services, Title 40, Part 2, Chapter 106, concerning Blind Services. This proposal repeals Chapter 106, Subchapter I, Blind Children's Vocational Discovery and Development Program, Division 1, §106.1405, concerning Remedy of Dissatisfaction.
The repeal is proposed to clarify and update program rules from the former Texas Commission for the Blind, which was consolidated into the Department of Assistive and Rehabilitative Services in 2004, into rule applicable to programs now administered by the Division for Blind Services, Department of Assistive and Rehabilitative Services, as provided by House Bill 2292, 78th Legislature, Regular Session.
Elsewhere in this issue of the Texas Register , the Department of Assistive and Rehabilitative Services contemporaneously withdraws the proposed amendment to §106.1405, Remedy of Dissatisfaction, which appeared in the May 11, 2007, issue of the Texas Register (32 TexReg 2592).
Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative Services, estimates that for each year of the first five years that the rule 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 rule will be in effect, the public benefit anticipated as a result of adopting the proposed repeal 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. 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 rule change will not affect a local economy.
Comments on the proposal may be submitted to Barbara Lazard, Assistant General Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar Boulevard, Suite 300, Austin, Texas 78756-3178.
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.
§106.1405.Remedy of Dissatisfaction.
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 May 7, 2007.
TRD-200701751
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: June 17, 2007
For further information, please call: (512) 424-4050