The Health and Human Services Commission proposes, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§745.21, 745.273, 745.351, 745.8605, 745.8933, and 745.8951; the repeal of §745.8920 and §745.9015; and new §§745.9025 - 745.9029 in Chapter 745, concerning Licensing. The purpose of the amendments, repeals and new sections is to implement Senate Bills (SB) 1307 and 807 and House Bill (HB) 2070 that were passed by the 84th Texas Legislature in 2015.

Licensing is amending Subchapters D, Application Process; L, Remedial Actions; and N, Administrator Licensing, to clarify that a general residential operation that applies to provide trafficking victim services is exempt from any public notice and hearing requirements (in accordance with HB 2070, which added Human Resources Code (HRC), §42.0462), including: (1) requiring a general residential operation that is exempt from the public notice and hearing requirements during the application process to begin providing trafficking victim services during the initial permit period before being eligible for a full permit; and (2) allowing remedial action to be taken against a general residential operation if the operation was exempt from the public notice and hearing requirements during the application process, but the operation never provides or ceases to provide trafficking victim services. (Remedial action would not be necessary if the operation surrendered its permit or withdrew its application, as applicable, so that it could satisfy the public hearing requirements that apply to operations that do not provide trafficking victim services.)

Licensing is repealing definitions in Subchapter A, Precedence and Definitions, and rules in Subchapter N that relate to applicants for an administrator's license who have a military background, which includes military members, military veterans, and military spouses; and proposing a new Division 5 in Subchapter N, Military Members, Military Spouses, and Military Veterans, so that all rules relating to applicants for an administrator's license who have a military background are in one place. The new sections will (in accordance with SB 1307 and SB 807, which amended Chapter 55 of the Occupations Code) do the following: (1) redefine "military member," "military veteran", and "military spouse"; (2) require DFPS to waive examination and application fees for an applicant who is a military member, military veteran, or military spouse whose military service, training, or education generally meets all of the requirements for the license or who presently holds a license in another jurisdiction with requirements that are substantially equivalent to those in Texas; (3) exempt military members, including those living in Texas, from a penalty for failing to renew a license in a timely manner because the individual was serving as a military member; (4) give military members two additional years to complete the renewal requirements for an administrator's license; (5) provide a military member or military veteran an alternative licensing application process for an administrator's license; and (6) provide a military member, military veteran, or military spouse an expedited licensing application process for an administrator's license.

A summary of the changes follows:

Section 745.21 is amended to remove the definitions of persons with a military background so that those definitions can be placed in a new Division 5 in Subchapter N.

Section 745.273 is amended to exempt a general residential operation that applies to provide trafficking victim services from having to comply with public notice and hearing requirements. HRC §42.0462 (added by HB 2070) provides this exemption.

Section 745.351 is amended to require a general residential operation with an exemption from public notice and hearing requirements to provide trafficking victim services during the initial permit period before it is eligible for a full permit.

Section 745.8605 is amended to allow remedial action to be taken against a general residential operation if the operation was exempt from the public notice and hearing requirements during the application process and trafficking victim services were never provided or are no longer being provided.

Section 745.8920 is repealed because the content of the rule is being moved to §745.9026 in new Division 5 in Subchapter N.

Section 745.8933 is amended to delete the content in this rule that pertains to applicants for an administrator's license with a military background and moved to §745.9027 in new Division 5 in Subchapter N.

Section 745.8951 is amended to delete the content in this rule that pertains to applicants for an administrator's license with a military background because the content is being moved to §745.9028 in new Division 5 in Subchapter N.

§745.9015 is repealed because the content of the rule is being moved to §745.9029 in new Division 5 in Subchapter N.

New §745.9025 defines a "military member," "military spouse," and "military veteran" to be consistent with Occupations Code §55.001 as amended by SB 1307.

New §745.9026 incorporates content from §745.8920, which is being repealed. In accordance with Occupations Code §55.004 and §55.009 (as amended by SB 807), this rule also: (1) provides a military member or military veteran an alternative licensing application process for an administrator's license; and (2) waives examination and application fees for an applicant who is a military member, military veteran, or military spouse whose military service, training, or education generally meets all of the requirements for the license or who presently holds a license in another jurisdiction with requirements that are substantially equivalent to those in Texas.

New §745.9027 incorporates and slightly modifies the content from current §745.8933 to provide consistency in the type of documentation a military member, military veteran, or military spouse would need to submit in order to receive special consideration during the application process.

New §745.9028 incorporates content from current §745.8951 that expedites the application process for military spouses. This rule also expedites the application process for all military members and military veterans to be consistent with Occupations Code §55.005 as amended by SB 1307.

New §745.9029 incorporates content from §745.9015, which is being repealed. In accordance with Occupations Code §55.002 and §55.003 (as amended by SB 1307), this rule also: (1) exempts military members, including those living in Texas, from a penalty for failing to renew an administrator's license in a timely manner because the individual was serving as a military member; and (2) gives military members two additional years of time to complete the renewal requirements for an administrator's license.

Tracy Henderson, Chief Financial Officer of DFPS, has determined that for the first five-year period the proposed amendments, new section, and repeals will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Ms. Henderson also has determined that for each year of the first five years the amendments, new sections, and repeals are in effect the public benefit anticipated as a result of enforcing the amendments, new section, and repeals will be that DFPS will be in compliance with Occupation Code, Chapter 55 and HRC, §42.0462. There will be no effect on large, small, or micro-businesses because the proposed changes do not impose new requirements on any business and do not require the purchase of any new equipment or any increased staff time in order to comply. There is no anticipated economic cost to persons who are required to comply with the proposed amendments, new sections, and repeals.

Ms. Henderson has determined that the proposed amendments, new, and repeals do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under §2007.043, Government Code.

Questions about the content of the proposal may be directed to Gerry Williams at (512) 438-5559 in DFPS's Licensing Division. Electronic comments may be submitted to Marianne.Mcdonald@dfps.state.tx.us. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-530, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.

The amendment is proposed under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services; and HRC §40.021, which provides that the Family and Protective Services Council shall study and make recommendations to the Executive Commissioner and the Commissioner regarding rules governing the delivery of services to persons who are served or regulated by the department.

The amendment implements Occupations Code, Chapter 55, which was amended by SB 807 and SB 1307. Additionally, HRC §43.005 allows DFPS to make rules to administer the requirements of Chapter 43, HRC, which governs licenses for administrators.