Texas Register, Volume 49, Number 7, Pages 805-932, February 16, 2024 Page: 841
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(1) the proposed rules will not create or eliminate a government
program;
(2) implementation of the proposed rules will not affect the num-
ber of HHSC employee positions;
(3) implementation of the proposed rules will result in no as-
sumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will create new rules;
(6) the proposed rules will not expand, limit, or repeal existing
rules;
(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 COM-
MUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse
economic effect on small businesses, micro-businesses, or rural
communities because there is no requirement to alter current
business practices.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect 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, do not impose a
cost on regulated persons, and are necessary to implement leg-
islation that does not specifically state that Section 2001.0045
applies to the rule.
PUBLIC BENEFIT AND COSTS
Sonja Gaines, Deputy Executive Commissioner of Behavioral
Health Services, has determined that for each year of the first
five years the rules are in effect, the public benefit will be to clarify
provider expectations and broaden eligibility of NPMHPs through
a waiver process to address workforce shortages and challenges
in fulfilling statutory requirements for the safety and welfare of
Texas residents.
Trey Wood has also determined that for the first five years the
rules are in effect, there are no anticipated economic costs to
persons who are required to comply with the proposed rules
because there are no new fees or costs imposed on those re-
quired to comply. Funds are currently allocated for the relevant
LMHAs/LBHAs to hire masters' level professionals as BHPP Li-aisons for this program.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the 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 Rules
Coordination Office, P.O. Box 13247, Mail Code 4102, Austin,
Texas 78711-3247, or street address 701 W. 51st Street,
Austin, Texas 78751; or emailed to HHSRulesCoordinationOf-
fice@hhs.texas.gov.To be considered, comments must be submitted no later than
31 days after the date of this issue of the Texas Register. Com-
ments 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) emailed before
midnight on the last day of the comment period. If the last day
to submit comments falls on a holiday, comments must be post-
marked, shipped, or emailed before midnight on the following
business day to be accepted. When emailing comments, please
indicate "Comments on Proposed Rule 23R073" in the subject
line.
STATUTORY AUTHORITY
The new sections are authorized by Texas Government Code
531.0055, which provides that the Executive Commissioner of
HHSC shall adopt rules for the operation and provision of ser-
vices by the health and human services agencies, and Texas Ed-
ucation Code 8.152 which allows the Executive Commissioner
to establish a waiver process for an LMHA to hire a person other
than an NPMHP, if certain conditions are met, to provide mental
health and substance use resources to school districts.
The new sections affect Texas Government Code 531.0055
and Texas Education Code 8.152.
307.251. Purpose.
The purpose of this subchapter is to implement the Behavioral Health
Partnership Program. This program delivers mental health and sub-
stance use resources to school districts served by a regional education
service center and in which the local mental health authority (LMHA)
or local behavioral health authority (LBHA) also delivers services. The
program allows LMHAs and LBHAs to request a waiver to employ a
professional who fulfills the duties outlined in Texas Education Code
8.152.
307.253. Application.
The subchapter applies to local mental health authorities and local be-
havioral health authorities.
307.255. Definitions.
The following words and terms, when used in this subchapter, have the
following meanings unless the context clearly indicates otherwise.
(1) BHPP liaison--Behavioral Health Partnership Program
liaison. For purposes ofthis subchapter, a "non-physicianmentalhealth
professional" as referenced under Texas Education Code 8.152 is in-
cluded in the term "behavioral health partnership program liaison."
(2) Business day--Any day except a Saturday, Sunday, or
legal holiday listed in Texas Government Code 662.021.
(3) Child--An individual under 18 years of age as defined
under Texas Human Resources Code 42.002 and not emancipated asdescribed in Texas Family Code Chapter 31.
(4) ESC--Regional education service center. An entity
designated as the educational service center by the Texas Education
Agency in accordance with Texas Education Code, Subtitle B, Chapter
8, Subchapter A.
(5) HHSC--Texas Health and Human Services Commis-
sion or its designee.
(6) LBHA--Local behavioral health authority. An entity
designated as the local behavioral health authority by HHSC in accor-
dance with Texas Health and Safety Code 533.0356.
(7) LMHA--Local mental health authority. An entity des-
ignated as the local mental health authority by HHSC in accordance
with Texas Health and Safety Code 533.035(a).PROPOSED RULES February 16, 2024 49 TexReg 841
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Texas. Secretary of State. Texas Register, Volume 49, Number 7, Pages 805-932, February 16, 2024, periodical, February 16, 2024; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1657764/m1/37/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.