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.