The Texas Department of Human Services (DHS) proposes to repeal §§61.9001- 61.9013; and proposes new §§61.1-61.16, concerning volunteers who assist DHS in carrying out its programs, in its Community Services--Volunteer Services chapter. The purpose of the repeals and new sections is to reorganize and rewrite DHS's rules governing its volunteer services program in plain English to make them easier for the public to navigate and understand. The new sections contain substantially the same information as the current rules, with the addition of a purpose statement and definitions. The new sections provide (1) guidance on how volunteers are recruited, trained, and supervised; (2) information on the kinds of service DHS volunteers provide and how those services may be provided; (3) reimbursement guidelines; and (4) methods for volunteer recognition.

Gordon Taylor, Chief Financial Officer, has determined that, for the first five-year period the proposed sections are in effect, there are no fiscal implications for state or local government as a result of enforcing or administering the sections.

Jerry Wallace, Assistant Deputy Commissioner for Regional Operations, has determined that, for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections is that the rules for volunteers will be easier for the public to understand. There is no adverse economic effect on small or micro businesses, or on businesses of any size, as a result of enforcing or administering the sections, because the rules impose no economic requirements but rather state DHS's expectations and limits that apply to anyone who chooses to volunteer. There is no anticipated economic cost to persons who are required to comply with the proposed sections. There is no anticipated effect on local employment in geographic areas affected by these sections.

Questions about the content of this proposal may be directed to Connie Williams, at (512) 438-5217 in DHS's Community Services-Volunteer Services section. Written comments on the proposal may be submitted to Supervisor, Rules Unit-094, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

Under §2007.003(b) of the Government Code, DHS has determined that Chapter 2007 of the Government Code does not apply to these rules. The changes these rules make do not implicate a recognized interest in private real property. Accordingly, DHS is not required to complete a takings impact assessment regarding these rules.

These rules are proposed by DHS, subject to the subsequent transfer of rulemaking authority to HHSC. DHS is currently scheduled to transition sometime in 2004 into two successor agencies, the existing HHSC and a new agency, the Texas Department of Aging and Disability Services (DADS).

This reorganization is mandated by House Bill 2292, 78th Leg., R.S. (2003). At the inception of operations of DADS, the authority to adopt all rules for the operation and provision of health and human services by DADS will lie with HHSC. These changes may result in the migration of these rules from one title of the Texas Administrative Code to another or other changes.