HBA-JEK H.B. 3489 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3489
By: Janek
Human Services
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

The Department of Human Services (DHS) is slated for review under the Texas
Sunset Act for the 78th Legislative Session in 2003.  DHS has over 98
chapters of rules.  House Bill 3489 requires DHS to review many of its
rules and standards, and provides that each rule under review will expire
on September 1, 2002 unless DHS readopts the rule. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Human Services in
SECTION 2 of this bill. 

ANALYSIS

House Bill 3489 requires the Texas Department of Human Service (DHS) to
complete by August 31, 2002 a review of each DHS standard or rule that
relates to the certification, inspection, investigation, or survey of an
institution's or facility's participation in a state medical assistance
program or the licensing, inspection, investigation, or survey of a
convalescent and nursing home, an assisted living facility, or an
intermediate care facility for the mentally retarded.  The bill provides
that each rule under review will expire September 1, 2002 unless the Texas
Board of Human Services readopts the rule.  The bill requires DHS to report
the results of the review to the governor, lieutenant governor, speaker of
the house of representatives, and each appropriate legislative committee no
later than October 1, 2002. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.