25 TAC §411.56
(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for repeal will not be published.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 §411.56, governing memorandum of understanding
(MOU) on coordinated services to children and youths of Chapter 411, Subchapter
B, concerning interagency agreements.
Senate Bill 1468 (77th Legislative Session) repealed Family Code, §264.003,
which required TDMHMR and seven other health and human services agencies to
adopt by rule the Memorandum of Understanding for Coordinated Services to
Children and Youths. In §411.56, TDMHMR adopted by reference a rule of
the Texas Department of Protective and Regulatory Services (TDPRS), 40 TAC §736.701
(relating to Memorandum of Understanding for Coordinated Services to Children
and Youths). The MOU remained in effect until the new MOU required by the
Government Code, §531.055, (relating to Memorandum of Understanding on
Services for Persons Needing Multiagency Services) was signed by the final
party in early March 2002.
Cindy Brown, chief financial officer, has determined that for each year
of the first five year period the proposed repeals are in effect, enforcing
or administering the sections do not have foreseeable economic implications
relating to cost or revenue of the state or local government because the repeals
don't impose measurable costs on any person or entity.
David Rollins, acting director, Long Term Services and Supports, has determined
that for each year of the first five-year period the repeals are in effect,
the public benefit expected is compliance with current law which repeals the
statutory provision that required the old MOU be adopted by rule and replaces
it with a statutory provision in the Government Code which requires a similar
MOU but does not require that it be adopted by rule. It is not anticipated
that the repeal will have an adverse economic effect on small business or
micro-business because they do not impose any measurable costs on any person
or entity. It is not anticipated that there will be an economic cost to persons
required to comply with the repealed sections. It is not anticipated that
the repealed sections will affect a local economy.
Writen comments on the proposal may be sent to Linda Logan, director, Policy
Development, Texas Department of Mental Health and Mental Retardation, P.O.
Box 12669, Austin, Texas 78711-2668, within 30 days of publication.
The existing sections are proposed for repeal under the Health
and Safety Code, §532.015, which provides the Texas Mental Health and
Mental Retardation Board with broad rulemaking authority and Senate Bill 1468
(77th Legislative Session) that repealed Family Code, §264.003. The provision
required TDMHMR to adopt the MOU by rule.
The repealed section affects the Family Code, §264.003.
§411.56.Memorandum of Understanding (MOU) on Coordinated Services to Children and Youths.
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 April 18, 2002.
TRD-200202418
Andrew Hardin
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: June 2, 2002
For further information, please call: (512) 206-4516