The Texas Behavioral Health Executive Council adopts new rule §884.60, relating to Depositions, Subpoenas, and Witness Expenses. Section 884.60 is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5644) and will not be republished.

Reasoned Justification.

The adopted new rule clarifies agency procedures for the issuance of subpoenas and commissions for depositions during a contested case at SOAH.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

None.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

The Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.