Part 1. DEPARTMENT OF STATE HEALTH SERVICES
Chapter 411. STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES
Subchapter I. TDMHMR IN-HOME AND FAMILY SUPPORT PROGRAM
The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts the repeal of §§411.401 - 411.414, concerning the in-home and family support program without changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8665) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 411.401 - 411.414, relating to TDMHMR In-Home and Family Support Program, have been reviewed and the department has determined that the reasons for adopting these sections no longer exist, and the repeal of the rules is adopted. Funding for the services addressed by these rules has not been provided for several years. There is no indication nor reasonable expectation that funds will be appropriated by the Legislature for these services in the future.
SECTION-BY-SECTION SUMMARY
Sections 411.401 - 411.414, concerning the in-home and family support program, are being repealed in their entirety. Because this program is no longer being funded, rules governing the program are unnecessary.
COMMENT
The department, on behalf of the commission, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The repeals are adopted under the Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.
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 March 28, 2008.
TRD-200801662
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: April 17, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 458-7111 x6972
Subchapter Z. JAIL DIVERSION PILOT PROGRAM
The Executive Commissioner of the Health and Human Services Commission (commission) on behalf of the Department of State Health Services (department) adopts the repeal of §§412.951 - 412.960, concerning the jail diversion pilot program without changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8666) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). After reviewing §§412.951 - 412.960, relating to the jail diversion pilot program, the department has determined that the reasons for adopting these sections no longer exist. The authorizing statute, Health and Safety Code, §§533.101 - 533.107, expired effective September 1, 2005. Jail diversion measures and strategies are implemented by the local mental health authorities (LMHA) throughout the state, as required by Health and Safety Code, §533.0345(b) and the LMHA performance contracts.
SECTION-BY-SECTION-SUMMARY
Sections 412.951 - 412.960 are repealed in their entirety. The statutory sections mandating the jail diversion pilot program have expired, and the rules implementing the program are unnecessary.
COMMENTS
The department, on behalf of the commission, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The repeals are authorized by Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.
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 March 28, 2008.
TRD-200801663
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: April 17, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 458-7111 x6972