TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 79. LEGAL SERVICES

SUBCHAPTER OO. GUARDIANSHIPS

40 TAC §§79.4001 - 79.4006

The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts the repeal of Subchapter OO, consisting of §§79.4001 - 79.4006, concerning guardianships, in Chapter 79, Legal Services, without changes to the proposal as published in the April 17, 2009, issue of the Texas Register (34 TexReg 2508).

The repeal is adopted to eliminate rules governing guardianships in the Aid to Families with Dependent Children Program (AFDC) program. The AFDC program, now known as Temporary Assistance for Needy Families (TANF), is administered by HHSC, and, therefore, DADS no longer needs these rules in the rule base.

DADS received no comments regarding adoption of the repeal.

The repeal is adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; and Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 26, 2009.

TRD-200902628

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Effective date: July 16, 2009

Proposal publication date: April 17, 2009

For further information, please call: (512) 438-3734