The Texas Department of Human Services (DHS) proposes to repeal Subchapter A, concerning client information, §§9.101-9.109; Subchapter B, concerning contractor requirements, §§9.201-9.213; and Subchapter C, concerning service requirements, §§9.301-9.309; and proposes new Subchapter A, concerning purpose and scope, §§9.101-9.104; Subchapter B, concerning contractor requirements, §§9.201, 9.203, 9.205, 9.207, 9.209, 9.211, 9.213, 9.215, 9.217, 9.219, 9.221, 9.223, 9.225, 9.227, 9.229, 9.231, 9.233, 9.235, 9.237; Subchapter C, concerning general program administration, §§9.301, 9.303, 9.305, 9.307, 9.309, 9.311, 9.313, 9.315, 9.317, 9.319, 9.321, 9.323, 9.325, 9.327, 9.329, 9.331, 9.333; Subchapter D, concerning employment services: Refugee Social Services (RSS), §§9.401, 9.403, 9.405, 9.407, 9.409, 9.411, 9.413, 9.415, 9.417, 9.419, 9.421, 9.423, 9.425, 9.427; Subchapter E, concerning employment services: Refugee Cash Assistance (RCA), §§9.501, 9.503, 9.505, 9.507, 9.509, 9.511, 9.513, 9.515, 9.517, 9.519; Subchapter F, concerning English as a Second Language (ESL) services, §9.601 and §9.602; Subchapter G, concerning other employability services, §§9.701, 9.703, 9.705, 9.707, 9.709, 9.711, 9.713, 9.715, 9.717, 9.719, 9.721; Subchapter H, concerning Targeted Assistance Grant (TAG) services, §§9.801-9.806; Subchapter I, concerning unaccompanied refugee minor (URM) program, §§9.901-9.907, in its Refugee Social Services chapter. The purpose of the repeals and new sections is to rewrite the chapter in question and answer format to make the sections easier to understand. The new sections also add, in accordance with federal regulations, provisions regarding limited English proficiency, accounting requirements for contractors, a requirement that contractors have a conflict of interest policy, clarification of asylee eligibility, and provisions concerning unaccompanied refugee minors.

James R. Hine, Commissioner, has determined that, for the first five-year period the proposed sections will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Hine also 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 will be to have rules that the public and contractors can more easily understand. The new sections clarify provider responsibilities and available services, which will better equip providers to offer refugees opportunities to attain self-sufficiency. There will be no adverse economic effect on small or micro businesses as a result of enforcing or administering the sections, because the sections affect only contracted providers for refugee social services, which generally are nonprofit or faith-based organizations and not businesses. 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 Caitriona Lyons at (512) 438-3526 in DHS's Office of Immigration and Refugee Affairs. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-253, 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 Texas Government Code, DHS has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, DHS is not required to complete a takings impact assessment regarding these rules.

The repeals are proposed under the Human Resources Code, Title 2, Chapter 22, which authorizes DHS to administer public assistance programs, and under Government Code, Chapter 752, which creates the Office of Immigration and Refugee Affairs in DHS.

The repeals implement the Human Resources Code, §§22.001-22.036 and the Government Code, Chapter 752.