Part 2. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Chapter 417. AGENCY AND FACILITY RESPONSIBILITIES

Subchapter E. TDMHMR HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM

25 TAC §417.201

(Editor's note: The text of the following section proposed for repeal will not be published.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 Texas Department of Mental Health and Mental Retardation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes the repeal of §417.201 of Chapter 417, Subchapter E, concerning TDMHMR Historically Underutilized Business Program.

The section, which adopts by reference rules of the General Services Commission (GSC) contained in 1 TAC §§111.11-111.27 (relating to Historically Underutilized Business Certification Program), has been duplicated in rules governing contracts management for TDMHMR facilities and Central Office, 25 TAC §417.54(e), proposed in the December 29, 2000, issue of the Texas Register . The repeal would eliminate the duplicative provision.

Cindy Brown, chief financial officer, has determined that for each year of the first five years the proposed repeal is in effect, the proposed repeal does not have foreseeable implications relating to cost or revenue of the state or local governments.

Bill Campbell, deputy commissioner for finance and administration, has determined that, for each year of the first five years the proposed repeal is in effect, the public benefit expected is the adoption of a single rule governing the TDMHMR Historically Underutilized Business Program. It is anticipated that there would be no economic cost to persons required to comply with the proposed repeal.

It is anticipated that the proposed repeal will not affect a local economy.

It is anticipated that the proposed repeal will not have an adverse economic effect on small businesses or micro-businesses.

Written comments on the proposal may be sent to Linda Logan, director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.

This section is proposed for repeal under the Texas Health and Safety Code, §532.015, which provides the Texas Mental Health and Mental Retardation Board with broad rulemaking authority, and the Texas Government Code, §2161.003, which requires state agencies to adopt rules of the General Services Commission governing historically underutilized businesses.

This section would affect the Texas Government Code, §2161.003.

§417.201.TDMHMR Historically Underutilized Business Program .

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 February 15, 2001.

TRD-200100968

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Earliest possible date of adoption: April 1, 2001

For further information, please call: (512) 206-5216