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Below is a spotlight on proposed, withdrawn, and adopted rules from the September 22nd and September 29th editions of the Texas Register.

Environment

Texas Animal Health Commission

Proposed Rule

The purpose of this chapter is to prevent and control the incidence of chronic wasting disease CWD in Texas by seeking to reduce the risk of interstate and intrastate transmission of CWD in susceptible cervid species. The Commission proposes amendments to modify existing movement restriction zones to provided targeted surveillance and reduce the risk of CWD being spread from areas where it may exist. Earliest possible date of adoption is October 22, 2023

 

Texas Parks and Wildlife Department

Emergency Rule

Proposed Rules

  • TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH SUBCHAPTER A. STATEWIDE OYSTER FISHERY PROCLAMATION 31 TAC §58.21. The proposed amendment would temporarily prohibit the harvest of oysters for two years within the boundaries of restoration areas on two reefs: one site in Conditionally Approved Area TX-7 in Galveston Bay (East Redfish Reef, approximately 42.6 acres), and one site in Conditionally Approved Area TX-6 in Galveston Bay (North Dollar Reef, 21.8 acres). The proposed amendment would temporarily close a total of 64.4 acres of oyster reef for two years. The Texas Department of State Health Services (DSHS) regulates shellfish sanitation and designates specific areas where oysters may be harvested for human consumption. The designation of “Conditionally Approved” or “Approved” is determined by DSHS. The Earliest possible date of adoption is October 29, 2023.
  • CHAPTER 65. WILDLIFE. The Texas Parks and Wildlife Department proposes amendments concerning Disease Detection and Response, concerning Deer Breeder Permits. The proposed amendments would function collectively to refine surveillance efforts as part of the agency’s effort to manage chronic wasting disease (CWD).

 

Health Care

Department of State Health Services

Proposed Rule

  • DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 229. FOOD AND DRUG SUBCHAPTER K. TEXAS FOOD ESTABLISHMENTS. The purpose of the proposal is to comply with Senate Bill (S.B.) 812, 88th Legislature, Regular Session, 2023, which amends Texas Health and Safety Code. S.B. 812 requires that allergen training be included in DSHS-accredited Certified Food Manager (CFM) and Food Handler (FH) training. S.B. 812 also amends Texas Health and Safety Code §438.103 to add language to require that state-approved CFM examinations include questions testing food allergen awareness. The proposed amendments reflect the required addition of food allergen awareness to DSHS-accredited CFM and FH training programs and CFM examinations. Earliest possible date of adoption is October 22, 2023.

Texas Health and Human Services Commission

Proposed Rule

 

Adopted Rules

  • HEALTH AND HUMAN SERVICES PART 1. HEALTH AND HUMAN SERVICES COMMISSION CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS. The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals. The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital. The 31-day comment period ended July 17, 2023.
  • CHAPTER 745. LICENSING. The new sections and repeals are necessary to align so that HHSC Child Care Regulation (CCR) may only approve a waiver request for a kinship foster home. The new sections and repeals are also necessary to align with current practices and update the subchapter as needed for clarity. The 31-day formal comment period ended June 26, 2023.

Withdrawn Rule

 

Education:

Texas Education Agency

Adopted Rule

  • TEXAS EDUCATION AGENCY CHAPTER 129. STUDENT ATTENDANCE SUBCHAPTER AA. COMMISSIONER’S RULES 19 TAC §129.1025. The Texas Education Agency (TEA) adopts an amendment concerning the student attendance accounting handbook. The amendment is adopted without changes to the proposed text as published in the June 16, 2023 issue of the Texas Register and will not be republished; however, the handbook adopted by reference in the rule includes changes at adoption. The adopted amendment adopts by reference the 2023-2024 Student Attendance Accounting Handbook. The handbook provides student attendance accounting rules for school districts and charter schools. The public comment period on the proposal began June 16, 2023, and ended July 17, 2023. The Effective date is September 27, 2023 and the proposal publication date is June 16, 2023.

State Board for Education Certification

Adopted Rule

  • STATE BOARD FOR EDUCATOR CERTIFICATION CHAPTER 231. REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS. The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) concerning requirements for public school personnel assignments. The adopted revisions incorporate courses approved by the State Board of Education (SBOE), add certificate areas to the list of credentials appropriate for placement into an assignment, and incorporate technical edits where needed to improve readability and align citations.

 

Utilities

Texas Commission on Environmental Quality

Proposed Rule

Public Utility Commission of Texas

Adopted Rules

  • PUBLIC UTILITY COMMISSION OF TEXAS CHAPTER 24. SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS SUBCHAPTER H. CERTIFICATES OF CONVENIENCE AND NECESSITY 16 TAC §24.240. The Public Utility Commission of Texas (Commission Staff) proposes new 16 Texas Administrative Code, relating to Water and Sewer Utility Rates After Acquisition. The proposed rule implements Texas Water Code, added by House Bill 1484 enacted by the 87th Texas Legislature (R.S.). It allows an acquiring water and sewer utility to apply an existing tariff to the customers of an acquired utility without initiating a new rate proceeding. To be eligible to apply, an existing tariff must be currently in force and filed with a regulatory authority for another water and sewer system owned by the acquiring utility. Interested persons may submit written comments on this proposal for publication draft by October 14, 2023. The earliest possible date of adoption is October 29, 2023.
  • SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS SUBCHAPTER C. INFRASTRUCTURE AND RELIABILITY 16 TAC §25.62. The Public Utility Commission of Texas (commission) proposes new 16 Texas Administrative Code relating to Transmission and Distribution System Resiliency Plans. The proposed rule will implement Public Utility Regulatory Act (PURA) §38.078 as enacted by House Bill 2555 during the Texas 88th legislative session (R.S). The proposed rule establishes the requirements and procedures for an electric utility to submit a resiliency plan to enhance the resiliency of its transmission and distribution systems. Comments must be filed by October 6, 2023. The earliest possible date of adoption is October 29, 2023.

 

Other

Comptroller’s Office

Proposed Rule

  • PROPERTY TAX ADMINISTRATION SUBCHAPTER O. TEXAS JOBS, ENERGY, TECHNOLOGY AND INNOVATION PROGRAM 34 TAC §§9.5000 – 9.5012. The Comptroller of Public Accounts proposes new, concerning definitions, concerning applicant eligibility requirements, concerning application requirements, concerning economic benefit statement criteria, concerning application process, concerning agreement for limitation on taxable value of eligible property, concerning agreement process, , concerning amendment process, concerning job and wage requirements; penalty for failure to comply with job or wage requirement, concerning biennial compliance report, concerning biennial report to legislature, concerning conflicts and concerning electronic submissions; notices. These new sections implement the Texas Jobs, Energy, Technology and Innovation Act to comply with Government Code, Subchapter T, Chapter 403, which was enacted by House Bill 5, 88th Legislature, R.S., 2023. The new sections will be located in Chapter 9 (Property Tax Administration), new Subchapter O (Texas Jobs, Energy, Technology and Innovation Program). The earliest possible date of adoption is October 29, 2023.

Adopted Rule

  • PART 1. COMPTROLLER OF PUBLIC ACCOUNTS CHAPTER 3. TAX ADMINISTRATION SUBCHAPTER BB. BATTERY SALES FEE 34 TAC §3.711 The Comptroller of Public Accounts adopts amendments, concerning battery sales fee collection and reporting requirements, without changes to the proposed text as published in the August 11, 2023, issue of the Texas Register. The rule will not be republished. The comptroller amends this section to implement Senate Bill 477, 87th Legislature, 2021, which requires marketplace providers to collect the applicable fees related to the sale of lead-acid batteries and to improve readability throughout the section. The Effective date is October 5, 2023 and the proposal publication date is August 11, 2023.