Below is a spotlight on the adopted and proposed rules from the November 1 edition of the Texas Register.
Economic
Office of the Governor, Economic Development Advisory Committees
Proposed
- Economic Development Advisory Committees 10 TAC 174 – Proposed rule §174.1 would establish provisions of general applicability to all advisory committees created under new chapter 174. The proposed rule sets forth the purpose of the chapter, duration of advisory committees, appointment authority, procedure for selection of chair of advisory committees, maximum number of members, term length, quorum requirements, qualifications, conflict of interest standards, training requirements, and meeting attendance requirements. The proposed rule further sets forth the responsibilities of the Office with respect to advisory committees and that advisory committee members will serve without compensation and will not be reimbursed for expenses unless otherwise authorized by law. Proposed rule §174.2 would create the International Business Advisory Committee and establishes the purposes, composition, and qualifications of the committee’s members. The proposed rule would also establish how the Office will determine which countries are Countries of Interest for the development and promotion of business relationships between Texas and such countries. Deadline for comments: December 2, 2024.
Healthcare
Texas Health and Human Services Commission
Proposed
- Coordinated Planning and Delivery of Health and Human Services 1 TAC 351 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §351.847, concerning Aging Texas Well Advisory Committee, and new §351.847, concerning the Aging Texas Well Advisory Committee; and the repeal of §351.849, concerning the Texas Respite Advisory Committee, and new §351.849, concerning Texas Respite Advisory Committee. Deadline for comments: December 2, 2024.
- Statutory Authority 1 TAC 351 – 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 services by the health and human services agencies, Texas Government Code Chapter 2110, which establishes how a state agency may create an advisory committee, Texas Government Code §523.0201, which provides that the Executive Commissioner of HHSC shall establish and maintain advisory committees, Texas Human Resources Code §161.079, relating to informal caregiver services, and The Lifespan Respite Care Act, 42 United States Code §300ii.
- Reimbursement Rates 1 TAC 355 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §355.503, concerning Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs, and §355.507, concerning Reimbursement Methodology for the Medically Dependent Children Program. Deadline for comments: December 2, 2024.
- Guardianship Services 1 TAC 381 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §§381.101, concerning Duties; 381.102, concerning Membership and Eligibility; and 381.103, concerning Officers and Meetings; Subchapter C, §§381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; 381.203, Application and Selection Process; 381.204, concerning Grant Period; 381.205, concerning Continuation Funding Policy; 381.206, concerning Grant Amounts; 381.207, concerning Notification of Award; 381.208, concerning Request for Reconsideration; 381.209, concerning Contract; 381.210, concerning Progress Reports; Subchapter D, §§381.301, concerning Purpose; 381.303, concerning Applicability of Standards to Guardianship Programs; 381.305, concerning Ineligibility of Non-compliant Programs; 381.315, concerning Form of Entity; 381.317, concerning Fiscal Responsibility; 381.319, concerning Budget; 381.321, concerning Insurance; 381.323, concerning Fees for Services; 381.325, concerning Guardianship Bonds; 381.331, concerning Guardianship Accountability; 381.333, concerning Service Provider Employee Screening; 381.335, concerning Confidentiality; 381.337, concerning Supervision of Employees and Volunteers; 381.339, concerning Community Involvement; 381.345, concerning Less Restrictive Alternatives to Guardianship; 381.347, concerning Guardianship Program Service Levels, 381.349, concerning Role of Volunteers; 381.351, concerning Staffing Requirements; 381.353, concerning Training Requirements; 381.355, concerning Conflicts of Interest; 381.357, concerning Referral, Intake, and Assessments; 381.359, concerning Prioritization of Potential Clients on Waiting Lists; 381.361, concerning Responsibility for Burial or Cremation; 381.363, concerning Evaluation and Monitoring of Caseloads; 381.365, concerning Personal Care Plans for Guardianship Clients; and 381.367, concerning Financial Care Plans for Guardianship Clients. Deadline for comments: December 2, 2024.
- Community Living Assistance and Support Services (CLASS) Program and Community First Choice (CFC) Services 26 TAC 259 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §259.61, concerning Process for Enrollment of an Individual; §259.79, concerning Renewal and Revision of an IPC; §259.309, concerning Training of CMA Staff Persons and Volunteers; §259.317 concerning CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual; §259.357, concerning Training of DSA Staff Persons, Service Providers, and Volunteers; and §260.369, concerning DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual. Deadline for comments: December 2, 2024.
- Enrollment Process, Person-Centered Service Planning, and Requirements for Home and Community-Based Settings 26 TAC 259 – The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021, which provides HHSC with the authority to administer the federal medical assistance program in Texas and to adopt rules and standards for program administration.
- Reviews 26 TAC 259 – The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021, which provides HHSC with the authority to administer the federal medical assistance program in Texas and to adopt rules and standards for program administration.
- Deaf Blind with Multiple Disabilities (DBMD) Program and Community First Choice (CFC) Services 26 TAC 260 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to Texas Administrative Code rules §260.61, concerning Process for Enrollment of an Individual; and §260.219, concerning Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual. Deadline for comments: December 2, 2024. Deadline for comments: December 2, 2024.
- Enrollment Process, Person-Centered Planning, and Requirements for Service Settings 26 TAC 260 – The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021, which provides HHSC with the authority to administer the federal medical assistance program in Texas and to adopt rules and standards for program administration.
- Primary Health Care Services Program 26 TAC 364 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Subchapter D, concerning Clearinghouse for Primary Care Providers Seeking Collaborative Practice consisting of §364.51, concerning Purpose and Authority; §364.53, concerning Definitions; §364.55, concerning Provider Registration; and §364.57, concerning Duties of the Department. Deadline for comments: December 2, 2024.
Department of State Health Services
Proposed
- Miscellaneous Provisions 25 TAC 1 – The Executive Commissioner of the Texas Health and Human Services Commission, on behalf of the Department of State Health Services (DSHS), proposes the repeal of §1.151, concerning Definitions, and §1.152, concerning Operation of the Medical Advisory Board (MAB); and new §1.151, concerning Definitions, and §1.152, concerning Operation of the Medical Advisory Board (MAB). Deadline for comments: December 2, 2024.
- Radiation Control 25 TAC 289 – The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §289.130, concerning the Radiation Advisory Board. Deadline for comments: December 2, 2024.
Health and Human Services Commission
Adopted
- Coordinated Planning and Delivery of Health and Human Services 1 TAC 351 – The Texas Health and Human Services Commission (HHSC) adopts an amendment to §351.815, concerning the Policy Council for Children and Families. Section 351.815 is adopted with changes to the proposal text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5218). This rule will be republished.
- Reimbursement Rates 1 TAC 355 – The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.8701, concerning Purpose; §355.8702, concerning Definitions; §355.8703, concerning Applicability; §355.8704, concerning Reporting and Monitoring; §355.8705, concerning Post-Determination Review; and §355.8707, concerning Notification Requirements for the Creation of a Local Provider Participation Fund (LPPF). Sections 355.8701 – 355.8705 and §355.8707 are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5858). These rules will not be republished.
- Refugee Cash Assistance and Medical Assistance Programs 1 TAC 375 – The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, concerning Program Purpose and Scope, comprising of §§375.101 – §375.103; Subchapter B, concerning Contractor Requirements for the Refugee Cash Assistance Program (RCA), comprising of §§375.201, 375.203, 375.205, 375.207, 375.209, 375.211, 375.213, 375.215, 375.217, 375.219, 375.221; Subchapter C, concerning Program Administration for the Refugee Cash Assistance Program (RCA), comprising of §§375.301, 375.303, 375.305, 375.307, 375.309, 375.311, 375.313, 375.315, 375.317, 375.319, 375.321, 375.323, 375.325, 375.327, 375.329, 375.331, 375.333, 375.335, 375.337, 375.339, 375.341, 375.343, 375.345, 375.347, 375.349, 375.351, 375.353; Subchapter D, concerning Refugee Cash Assistance Participant Requirements, comprising of §§375.401, 375.403, 375.405, 375.407, 375.409, 375.411, 375.413, 375.415, 375.417, 375.419; Subchapter E, concerning Refugee Medical Assistance, comprising of §§375.501, 375.503, 375.505, 375.507, 375.509, 375.511, 375.513, 375.515, 375.517, 375.519, 375.521, 375.523, 375.525, 375.527, 375.529, 375.531; Subchapter F, concerning Modified Adjusted Gross Income Methodology, comprising of §§375.601, 375.603, 375.605, 375.607, 375.609, 375.611, 375.613, 375.615, and an amendment to §375.701 in Subchapter G, concerning Local Resettlement Agency Requirements, in Title 1, Part 15, Chapter 375, concerning Refugee Cash Assistance and Medical Assistance Programs. The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.
- Refugee Social Services 1 TAC 376 – The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, concerning Purpose and Scope, comprising of §§376.101 – 376.104; Subchapter B, concerning Contractor Requirements, comprising of §§376.201, 376.203, 376.205, 376.207, 376.209, 376.211, 376.213, 376.215, 376.217, §376.219, 376.221, 376.223, 376.225, 376.227, 376.229, 376.231, 376.233, 376.235, 376.237; Subchapter C, concerning General Program Administration, comprising of §§376.301, 376.303, 376.305, 376.307, 376.309, 376.311, 376.313, 376.315, 376.317, 376.319, 376.321, 376.323, 376.325, 376.327, 376.329, 376.331, 376.333; Subchapter D, concerning Employment Services: Refugee Social Services (RSS), comprising of §§376.401, 376.403, 376.405, 376.407, 376.409, 376.411, 376.413, 376.415, 376.417, 376.419, 376.421, 376.423, §376.425, 376.427; Subchapter E, concerning Employment Services: Refugee Cash Assistance (RCA), comprising of §§376.501, 376.503, 376.505, 376.507, 376.509, 376.511, 376.513, 376.515, 376.517, 376.519; Subchapter F, concerning English as a Second Language (ESL) Services, comprising of §§376.601 and 376.602; Subchapter G, concerning Other Employability Services, comprising of §§376.701, 376.703, 376.705, 376.707, 376.709, 376.711, 376.713, 376.715, 376.717, 376.719, 376.721; Subchapter H, concerning Targeted Assistance Grant (TAG) Services, comprising of §§376.801 – 376.806; Subchapter I, concerning Unaccompanied Refugee Minor (URM) Program, comprising of §§376.901 – 376.907; and an amendment to §376.1001 in Subchapter J, concerning Local Resettlement Agency Requirements, in Title 1, Chapter 376, concerning Refugee Social Services. The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5231). These rules will not be republished.
Insurance
Texas Department of Insurance
Adopted
- Corporate and Finacial Regulation 28 TAC 7 – The commissioner of insurance adopts amendments to 28 TAC §§7.1901, 7.1902, and 7.1904 – 7.1915. The commissioner also adopts new §7.1916 and §7.1917. The new and amended sections concern licensing requirements for multiple employer welfare arrangements (MEWAs). The commissioner also adopts the repeal of §7.1903. Sections 7.1901, 7.1908, 7.1909, 7.1911, and 7.1913 – 7.1916 and the repeal of 7.1903 are adopted without changes to the proposed text published in the May 3, 2024, issue of the Texas Register (49 TexReg 2968). These sections will not be republished. Sections 7.1902, 7.1904 – 7.1907, 7.1910, and 7.1912 are adopted with changes to the proposed text. These sections were revised in response to public comments. TDI revised §7.1917 to clarify that the entire section applies only to a MEWA that offers or seeks to offer a comprehensive health benefit plan. These sections will be republished.
Environment
Texas Water Development Board
Proposed
- Introductory Provisions 31 TAC 353 – The Texas Water Development Board (TWDB) proposes an amendment to 31 Texas Administrative Code (TAC) §§353.100 – 353.103. The TWDB proposes to amend various sections of 31 TAC Chapter 353, Subchapter G in order to implement House Bill (HB) 2489 passed during the 88th Texas Legislative Session. HB 2489 renamed the “Texas Natural Resources Information Office (TNRIS)” to the “Texas Geographic Information Office (TxGIO).” The purpose of this bill was to better reflect the core mission and concept of the office, which these proposed rules would implement. The proposed changes amend the header for Subchapter G and text throughout the subchapter to reflect the new name. Additionally, the TWDB proposes to make various changes to update terminology and procedures to match current agency and industry practice. The TWDB also proposes to make non-substantive changes for grammatical or clarity purposes. Deadline for comments: December 2, 2024.
Railroad Commission
Proposed
- Practice and Procedure 16 TAC 1 – The Railroad Commission of Texas (Commission) proposes amendments to §1.201, relating to Time Periods for Processing Applications and Issuing Permits Administratively. The Commission proposes the amendments to update cross-references to other Commission rules in the rule and in the table, as well as other nonsubstantive clarifications. The Commission proposes the amendments to update cross-references to other Commission rules in the rule and in the table, as well as other nonsubstantive clarifications. The Commission proposes amendments to §1.201(a) to more closely align with Government Code §2005.003, the statute which requires adoption of §1.201. The amendments clarify that §1.201 does not apply to all permits issued by the Commission, but only those permits for which the median time for processing a permit application from receipt of the initial application to the final permit decision exceeds seven days. The proposed amendments also replace the definition of “permit” with a reference to Government Code §2005.003 to ensure the Commission’s rule is consistent with the statutory definition of the term. The Commission also proposes to restructure the table to limit the information for each permit to: (1) the permit and rule or law governing the permit; (2) the Commission division responsible for processing the permit; and (3) the initial and final review periods as required by Government Code §2005.003. The current table includes information on Commission forms and fees associated with the permits. However, form and fee information is more easily obtained from the Commission’s website. The Commission’s website is more frequently updated and allows more information about each permit to be accessible to persons seeking a permit from the Commission. The proposed amendments to the table also remove column names to simplify future updates. Column name references are proposed to be removed throughout the section and are replaced with general references to the table. Finally, the Commission proposes amendments in §1.201(c)(7) and (e) to reflect the current name of the division which contains the Docket Services Section. Deadline for comments: December 2, 2024.
- Oil and Gas Division 16 TAC 3 – The Railroad Commission of Texas (Commission) proposes amendments to §§3.1, 3.5, 3.7, 3.12, 3.13, 3.16, 3.17, 3.32, 3.36, 3.73, 3.78, and 3.81 relating to Organization Report; Retention of Records; Notice Requirements; Application To Drill, Deepen, Reenter, or Plug Back; Strata To Be Sealed Off; Directional Survey Company Report; Casing, Cementing, Drilling, Well Control, and Completion Requirements; Log and Completion or Plugging Report; Pressure on Bradenhead; Gas Well Gas and Casinghead Gas Shall Be Utilized for Legal Purposes; Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas; Pipeline Connection; Cancellation of Certificate of Compliance; Severance; Fees and Financial Security Requirements; and Brine Mining Injection Wells. The Commission also proposes new §3.82, relating to Brine Production Projects and Associated Brine Production Wells and Class V Spent Brine Return Injection Wells. Deadline for comment: December 2, 2024
General Land Office
Adopted
- Costal Area Planning 31 TAC 15 – The General Land Office (GLO) adopts amendments to 31 Texas Administrative Code (TAC) §15.36, relating to Certification Status of the City of Galveston Dune Protection and Beach Access Plan (Plan), with changes to the text of the Rule. The GLO adopts amendments to subsection 15.36(d) and new section 15.36(e) to certify the amendments to the Plan as consistent with state law.
Education
Texas Education Agency
Adopted
- State Review and Approval of Instructional Materials 19 TAC 67 – The State Board of Education (SBOE) adopts new §67.43, concerning state review and approval of instructional materials. The new section is adopted with changes to the proposed text as published in the August 2, 2024 issue of the Texas Register (49 TexReg 5616) and will be republished. The new section addresses the removal of a set of instructional materials from the lists of approved and rejected instructional materials outlined in Texas Education Code (TEC), §31.022.
- Curriculum Requirements 19 TAC 74 – The State Board of Education (SBOE) adopts an amendment to §74.27, concerning innovative courses and programs. The amendment is adopted without changes to the proposed text as published in the August 2, 2024 issue of the Texas Register (49 TexReg 5618) and will not be republished. The adopted amendment corrects the criteria for innovative courses to be considered for sunset to align with the language approved by the SBOE in November 2023.
- Adaptions for Special Populations 19 TAC 89 – The Texas Education Agency (TEA) adopts amendments to §§89.1035, 89.1053, and 89.1070, concerning clarification of provisions in federal regulations and state law. Section 89.1035 is adopted without changes to the proposed text as published in the July 19, 2024 issue of the Texas Register (49 TexReg 5242) and will not be republished. Sections 89.1053 and 89.1070 are adopted with changes to the proposed text as published in the July 19, 2024 issue of the Texas Register (49 TexReg 5242) and will be republished. The adopted amendment to §89.1053 implement Senate Bill (SB) 133, 88th Texas Legislature, Regular Session, 2023. The adopted amendments to §89.1035 and §89.1070 clarify graduation requirements for students receiving special education and related services as well as remove outdated language. The Texas Education Agency (TEA) also adopts amendments to §89.1196 and §89.1197, concerning special education services dispute resolution. The amendments are adopted with changes to the proposed text as published in the July 26, 2024, issue of the Texas Register (49 TexReg 5482) and will be republished. The adopted amendments clarify procedures for individualized education program (IEP) facilitation and add language allowing TEA to delegate certain duties and responsibilities.
- Health and Safety 19 TAC 103 – The Texas Education Agency adopts new §103.1103, concerning opioid antagonist medication requirements in schools. The new section is adopted without changes to the proposed text as published in the April 19, 2024 issue of the Texas Register (49 TexReg 2380) and will not be republished. The new section implements Senate Bill (SB) 629, 88th Texas Legislature, Regular Session, 2023, and adopts by reference the rules of the executive commissioner of the Texas Health and Human Services Commission.
