The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §37.420, concerning the Sickle Cell Advisory Committee; and proposes new §37.420, concerning the Sickle Cell Task Force.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal §37.420 is in its entirety in accordance with Texas Government Code §2110.008(a). The Sickle Cell Advisory Committee (SCAC) was abolished effective September 1, 2018.

The proposal also replaces the repealed section with new §37.420. The Sickle Cell Task Force (Task Force) was established in accordance with House Bill 3405, 86th Legislature, Regular Session, 2019, and promulgated under the Texas Health and Safety Code, Chapter 50 (redesignated as Texas Health and Safety Code, Chapter 52 per House Bill 3607, 87th Legislature, Regular Session, 2021). The Task Force was created to continue the work of the SCAC. The proposed new section establishes the Task Force, and describes Task Force composition, roles, responsibilities, and abolishment date.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §37.420 deletes the section pertaining to the SCAC, abolished effective September 1, 2018.

Proposed new §37.420 establishes the Task Force. The new section identifies the statutory authority, outlines the purpose, describes duties and reporting requirements, and defines the Open Meetings Act compliance requirements. The proposed new section defines membership composition for seven members and officer rules. The proposed new section defines training requirements and rules pertaining to membership reimbursement and gives the date of abolition for the Task Force.

FISCAL NOTE

Donna Sheppard, Chief Financial Officer, determined, for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable fiscal implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of DSHS employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to the agency;

(5) the proposed rules will create a new rule;

(6) the proposed rules will repeal an existing rule;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Donna Sheppard also determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not apply to small or micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Dr. Manda Hall, Associate Commissioner of DSHS Community Health Improvement Division, determined, for each year of the first five years the rules are in effect, the public will benefit from improved strategies and methods for raising of public awareness related to sickle cell disease and sickle cell trait.

Donna Sheppard has also determined, for the first five years the rules are in effect, persons who are required to comply with the proposed rules may incur economic costs because funding has not been appropriated to reimburse travel for Task Force members.

TAKINGS IMPACT ASSESSMENT

DSHS determined this proposal does 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, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to DSHS, Mail Code 1918, P.O. Box 13247, Austin, Texas 78711-3247 or 1100 W. 49th St., Mail Code 1918, Austin, Texas 78756 or by fax at (512) 776-2977, or by email at NewbornScreeningUnit@dshs.texas.gov.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) faxed or emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When faxing or emailing comments, please indicate "Comments on Proposed Rule 21R135" in the subject line.

STATUTORY AUTHORITY

The proposed new section is authorized by Texas Health and Safety Code §52.0001, which authorizes the Executive Commissioner of HHSC to establish and maintain a Task Force to raise awareness of sickle cell disease and sickle cell trait; and by Texas Government Code §531.0055, and Texas Health and Safety Code §1001.075, which provides that the Executive Commissioner of HHSC shall adopt rules and policies necessary for the operation and provision of services by the health and human services agencies, and efficient enforcement of Texas Health and Safety Code §1001.075, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The proposed new section will implement Texas Government Code Chapters 531 and 2110; and Texas Health and Safety Code Chapters 52 and 1001.