Texas Register Spotlight – December 6 & 13

Below is a spotlight on proposed, adopted, and withdrawn rules from the December 6 and December 13 editions of the Texas Register. 

Proposed 

Education  

Texas Education Agency  

• School Districts 19 TAC 61 – The Texas Education Agency (TEA) proposes the repeal of §61.1028, concerning reporting of bus collisions. The proposed repeal would relocate the existing requirements to proposed new 19 TAC §103.1231. The proposed new rule would include an update to remove the requirement related to the color of a multifunction school activity bus to align with statute. Comments must be submitted by January 6.  

• Health and Safety 19 TAC 103 – The Texas Education Agency (TEA) proposes new §103.1231, concerning reporting of bus collisions. The proposed new section would relocate existing requirements from 19 TAC §61.1028. The new section would include an update to remove the requirement related to the color of a multifunction school activity bus to align with statute. Comments must be submitted by January 6. 

Environmental  

Texas Department of Agriculture  

• Handling and Marketing of Perishable Commodities 4 TAC 14 – The Texas Department of Agriculture (Department) proposes amendments to Texas Administrative Code, Title 4, Chapter 14 (Perishable Commodities Handling and Marketing Program), Subchapter A (General Provisions), §14.1 (Definitions), §14.3 (Fees), and §14.4 (Cancellation of License); Subchapter B (Produce Recovery Fund Claims), §14.10 (Claims Against the Fund), §14.11 (Determination on Claims by the Department), §14.12 (Filing of Notice of Protest; Appeal to the Board), §14.13 (Payment of Claims from the Fund), and §14.14 (Reimbursement to the Fund); and Subchapter C (Produce Recovery Fund Board), §14.20 (Purpose and Scope), §14.21 (Duties of the Board and the Department), §14.22 (Meetings), §14.23 (Conduct of Hearings of the Produce Recovery Fund Board), §14.24 (The Board’s Final Determination), and §14.25 (Motion for Rehearing). Comments must be submitted by January 5.  

Economic  

Texas Lottery Commission  

• Administration of State Lottery Act 16 TAC 401 – The proposed rule amendments are the result of the Commission’s recent rule review conducted in accordance with Texas Government Code §2001.039, as well as the agency’s recent review by the Texas Sunset Advisory Commission. Among the more significant changes, this proposal addresses issues identified as rulemaking gaps in the May 2024 Texas Sunset Advisory Commission Staff Report (Staff Report). Specifically, the Staff Report noted that there was “no clarification as to whether internet sales of lottery products are prohibited” (addressed in Rules 401.153(b)(12), 401.158(b)(27), 401.160(h), and 401.355(a)), and “no explanation of what it means for a person to ‘engage in a business exclusively as a (lottery) sales agent’ for purposes of licensure” (addressed in Rule 401.153(b)(13)). Comments must be submitted by January 20. 

Texas Appraiser Licensing and Certification Board  

• Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC 153- The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §153.16, License Reinstatement. The proposed amendments to §153.16 define the requirements for the reinstatement of an expired trainee license. Comments are due by January 5.  

• Rules Relating to the Provisions of the Texas Appraisal Management Company Registration and Regulation Act 22 TAC 159 – The proposed amendments to §159.204 clarifies the preliminary investigative review process, adds a subsection for the online payment of administrative penalties and required fees, and removes the sanctions guidelines for placement into new rule, 159.203. New §159.203 is formerly section (m) of §159.204 that outlines the Board’s sanctions guidelines and factors taken into consideration for case disposition. Both rules are amended for renumbering and to reflect corresponding references to sections within the rule. Comments are due by January 5. 

Health Care 

State Board of Dental Examiners  

• Continuing Education 22 TAC 104 – The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §104.1, concerning continuing education requirements. The proposed amendment allows dentists and dental hygienists to reduce their 24-hour continuing education requirement by 2 hours if they attest they read all newsletters issued by the Texas State Board of Dental Examiners during their renewal period. The proposed amendment does not apply to the 16-hour technical and scientific requirement. Comments must be submitted by January 5. 

• Professional Conduct 22 TAC 108 – The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §108.42, concerning obtaining a permit. The proposed amendment removes the requirement that a mobile dental facility or portable dental unit must have a lead apron with thyroid shield when x-rays are made. The American Academy of Oral and Maxillofacial Radiology (AAOMR) recently issued guidelines titled “Patient shielding during dentomaxillofacial radiography” where the AAOMR recommended discontinuing the use of lead aprons and thyroid shields when making x-rays. The Board held a stakeholder meeting on September 27, 2024, where a majority of stakeholders stated that Board rules should be amended to remove requiring the use of lead aprons and thyroid shields based on the AAOMR guidelines. Comments are due by January 5. 

• Standards for Prescribing Controlled Substances and Dangerous Drugs 22 TAC 111 – The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §111.1, concerning additional continuing education requirements. The proposed amendment removes subsection (a) and paragraph (b)(1) because they are no longer in effect. The current continuing education requirement regarding controlled substances is found in paragraph (1) of this amended rule and in 22 TAC §104.1(2)(B). The proposed amendment also updates the name of the title for 22 TAC §104.1. Comments are due by January 5.  

• Requirements for Dental Offices 22 TAC 113 – The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §113.2, concerning X-Ray Laboratories. The proposed amendment removes the requirement that dental patients must be protected by a lead apron with thyroid collar. The American Academy of Oral and Maxillofacial Radiology (AAOMR) recently issued guidelines titled “Patient shielding during dentomaxillofacial radiography” where the AAOMR recommended discontinuing the use of lead aprons and thyroid shields when making x-rays. The Board held a stakeholder meeting on September 27, 2024, where a majority of stakeholders stated that Board rules should be amended to remove requiring the use of lead aprons and thyroid shields based on the AAOMR guidelines. Comments are due by January 5.  

• Extensions of Duties of Auxiliary Personnel – Dental Assistants 22 TAC 114 – The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §114.12, concerning continuing education for certificate holders. The proposed amendment updates the rule to reflect that dental assistant registrations have a biennial renewal cycle. In addition, the proposed amendment requires registered dental assistants to complete two hours of continuing education in the laws and regulations of the Board. Comments are due by January 5.  

Department of State Health Services  

• Miscellaneous Provisions 25 TAC 1 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rule to Texas Government Code Chapter 526 that becomes effective on April 1, 2025. The proposed amendment updates the affected citations to Texas Government Code. Comments are due by January 6. 

Texas Medical Disclosure Panel  

• Procedure Requiring Full Disclosure of Specific Risks and Hazards – List A 25 TAC 602 – These amendments are proposed in accordance with Texas Civil Practice and Remedies Code §74.102, which created the Panel to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure. The purpose of these amendments is to modify the list of procedures and risks and hazards in §§602.3, 602.5, 602.9, and 602.16 and update these sections using plain language when possible. Comments are due by January 6.  

• Procedures Requiring No Disclosure of Specific Risks and Hazards – List B 25 TAC 603 – These amendments are proposed in accordance with Texas Civil Practice and Remedies Code §74.102, which created the Panel to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure. The purpose of these amendments is to modify the list of procedures and risks and hazards in §603.3 and §603.16 and update these sections using plain language when possible. Comments must be submitted by January 6.  

 

Cancer Prevention and Research Institute of Texas 

• Grants for Cancer Prevention and Research 25 TAC 703 – The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amending 25 Texas Administrative Code §703.13 and §703.26 relating the grant recipient audit threshold, unallowable grant recipient expenses, and a reference to Texas Grant Management Standards. Comments must be submitted by January 5.  

Health and Human Services Commission 

• Contracting for Community Services 26 TAC 52 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to Texas Government Code Chapter 546 that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comment must be submitted by January 6.  

• Community Living Assistance and Support Services (Class) Program and Community First Choices (CFC) Services 26 TAC 259 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rule to Texas Government Code sections that become effective on April 1, 2025. The proposed amendment updates the affected citations to Texas Government Code. Comment must be submitted by January 6.  

• Consumer Managed Personal Attendant Services (CMPAS) Program 26 TAC 275 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comment must be submitted by January 6.  

• Pediatric Teleconnectivity Resource Program for Rual Texas 26 TAC 280  – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rules to Texas Government Code sections that become effective on April 1, 2025. The proposed amendments update the affected citations to Texas Government Code. Comment must be submitted by January 6.   

• Behavioral Health and Delivery System 26 TAC 306 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rules to Texas Government Code sections that become effective on April 1, 2025. The proposed amendments update the affected citations to Texas Government Code. Comment must be submitted by January 6.  

• Lidda Role and Responsibilities 26 TAC 330 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comment must be submitted by January 6.  

• Children with Special Health Care Needs Services Program 26 TAC 351 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comments must be submitted by January 6.  

• Children’s Autism Program 26 TAC 358 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comments must be submitted by January 6.  

• Nursing Facility Requirements for Licensure and Medicaid Certification 26 TAC 554 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comments must be submitted by January 6.  

• Denial or Refusal of License 26 TAC 560 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citations to Texas Government Code. Comments must be submitted by January 6.  

• Texas Home Living (TXHML) Program and Community First Choice (CFC) Certification Standards 26 TAC 566 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to a Texas Government Code section that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comments must be submitted by January 6.  

• Investigations of Individuals Receiving Services from Certain Providers 26 TAC 711 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rules to Texas Government Code sections that become effective on April 1, 2025. The proposed amendments update the affected citations to Texas Government Code. Comments must be submitted by January 6.  

• Licensing 26 TAC 745 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update citations in the rules to Texas Government Code Chapter 526 that becomes effective on April 1, 2025. The proposed amendments update the affected citations to Texas Government Code. Comments must be submitted by January 6.  

• State Facility Requirements to Enhance the Safety of Individuals Receiving Services 26 TAC 926 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to Texas Government Code Chapter 546 that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comments must be submitted by January 6.  

• Client Care of Individuals Receiving Services at State Supported Living Center 26 TAC 967 – House Bill 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. This proposal is necessary to update a citation in the rule to Texas Government Code Chapter 546 that becomes effective on April 1, 2025. The proposed amendment updates the affected citation to Texas Government Code. Comments must be submitted by January 6.  

Texas Department of Insurance, Division of Workers’ Compensation   

• General Medical Provisions 28 TAC 133 – The Texas Department of Insurance, Division of Workers’ Compensation (DWC) proposes to amend 28 TAC §133.30, concerning telemedicine, telehealth, and teledentistry services. Section 133.30 implements Texas Labor Code §413.011. The DWC medical advisor recommends the amendments to the commissioner of workers’ compensation under Labor Code §413.0511(b). Comments must be submitted by January 8.  

Adopted 

Economic 

Texas Space Commission  

• Grants 10 TAC 321 – The Texas Space Commission (“Commission”) adopts without changes new 10 TAC §§321.1 – 321.16, relating to Grants. The Commission adopts new §321.1, concerning Definitions, §321.2, concerning Authority, §321.3, concerning Applicability, §321.4, concerning Funding; Availability of Funds, §321.5, concerning Notices, §321.6, concerning Eligible Recipients; Eligible Activities, §321.7, concerning Established Presence in the State, §321.8, concerning Application Process Generally, §321.9, concerning Application Requirements, §321.10, concerning Grant Evaluation, §321.11, concerning Amount of Grant Award; Payment Procedures, §321.12, concerning Reporting, §321.13, concerning Records Retention, §321.14, concerning Requests for Records; Audit, §321.15, concerning Noncompliance; Failure to Perform, and §321.16, concerning Direct Award (49 TexReg 8448). These rules will not be republished.  

Railroad Commission of Texas  

• Oil and Gas Division 16 TAC 3 – The Railroad Commission of Texas (Commission) adopts amendments to §3.70, relating to Pipeline Permits Required, without changes to the proposed text published in the August 30, 2024, issue of the Texas Register (49 TexReg 6559) and will not be republished. The Commission adopts the amendments in §3.70 to align with changes concurrently adopted in Chapter 8, relating to Pipeline Safety Regulations, which incorporate federal requirements. The amendments to §3.70 also remove dates from the rule that no longer apply and incorporate a procedure related to the Form T-4B. The Commission received six comments, five of which were from associations (Permian Basin Petroleum Association (PBPA), Pipeline Safety Trust, Sierra Club Lone Star Chapter (Sierra Club), Texas Industry Project, and Texas Oil and Gas Association (TXOGA)). One company, Atmos Energy Corporation’s Mid-Texas Division and West Texas Division (Atmos) also commented. The Commission appreciates these comments. 

• Pipeline Safety Regulations 16 TAC 8 – The Railroad Commission of Texas adopts amendments to §§8.1, 8.101, 8.110, 8.115, 8.125, 8.201, 8.208, 8.209, and 8.210, relating to General Applicability and Standards; Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines; Gathering Pipelines; New Construction Commencement Report; Waiver Procedure; Pipeline Safety and Regulatory Program Fees; Mandatory Removal and Replacement Program; Distribution Facilities Replacements; and Reports. Sections 8.1, 8.115, and 8.209 are adopted with changes to the proposed text published in the August 30, 2024, issue of the Texas Register (49 TexReg 6652) and will be republished. The remaining rules are adopted without changes and will not be republished. The Commission adopts these amendments to capture the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) latest standards, to clarify areas of the rules that staff receives regular inquires on, and to clarify how pipeline operators should report and file with Commission. The Commission received six comments, four of which were from associations (Permian Basin Petroleum Association (PBPA), Pipeline Safety Trust, Sierra Club Lone Star Chapter (Sierra Club), and Texas Oil and Gas Association (TXOGA)). Two companies, Atmos Energy Corporation’s Mid-Texas Division and West Texas Division (Atmos) and Texas Gas Service (TGS) also commented. The Commission appreciates these comments. 

Public Utility Commision of Texas  

• Substantive Rules Applicable to Electric Service Providers 16 TAC 25 – The Public Utility Commission of Texas (commission) adopts new §25.114, relating to Registration of Virtual Currency Mining Facilities, with changes to the proposed text as published in the September 13, 2024, issue of the Texas Register (49 TexReg 7173). The adopted rule implements Public Utility Regulatory Act (PURA) §39.360 as enacted by Senate Bill (SB) 1929 from the 88th Texas Legislature (R.S.). The new rule establishes a process for the registration of virtual currency mining facilities in the Electric Reliability Council of Texas (ERCOT) region. Specifically, the rule requires a registrant to provide information to the commission annually about its virtual currency mining facility’s location, owners, form of business, and demand for electricity. Additionally, the adopted rule provides that the commission will share the registrants’ information with ERCOT. The rule is adopted in Project No. 56962. The rule will be republished. The commission received comments on proposed new §25.114 from ERCOT, MARA Holdings, Inc. (MARA), Satoshi Energy, Texas Blockchain Council (TBC), Texas Electric Cooperatives, Inc., (TEC), Texas Industrial Energy Consumers, (TIEC), and Vistra Corp. (Vistra). 

Texas Appraiser Licensing and Certification Board 

• Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC 153 – The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.24, Complaint Processing. The amendments are adopted without changes to the proposed text as published in the September 6, 2024, issue of the Texas Register (49 TexReg 6953) and will not be republished. The amendments to §153.24 clarify the preliminary investigative review process and corrects references within the rule to another section and another rule. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.  

• Rules Relating to Practice and Procedure 11 TAC 157 – The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §§157.9, Notice of Hearing; 157.10, Right to Counsel; Right to Participate; and 157.11, Contested Cases; Entry of Appearance; Continuance. 

Education 

Texas Education Agency  

• School Districts 19 TAC 61 – The Texas Education Agency (TEA) adopts the repeal of §61.1051 and §61.1053, concerning prevention, awareness, and reporting of child abuse or neglect, including trafficking of a child. The repeal is adopted without changes to the proposed text as published in the August 16, 2024 issue of the Texas Register (49 TexReg 6139) and will not be republished. The repeal relocates the existing requirements relating to school district policies on reporting child abuse and neglect and required signage pertaining to criminal offenses of human trafficking to new 19 TAC Chapter 103, Subchapter EE. The adopted new rules include updates to align with legislation from the 88th Texas Legislature, Regular Session, 2023. 

• Health and Safety 19 TAC 103 – The Texas Education Agency adopts new §103.1401 and §103.1403, concerning prevention, awareness, and reporting of child abuse or neglect, including trafficking of a child. New §103.1401 is adopted with changes to the proposed text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6139) and will be republished. New §103.1403 is adopted without changes to the proposed text as published in the August 16, 2024, issue of the Texas Register (49 TexReg 6139) and will not be republished. The adopted new sections relocate existing requirements from 19 TAC Chapter 61, Subchapter EE, relating to school district policies on reporting child abuse and neglect and required signage pertaining to criminal offenses of human trafficking. Adopted new §103.1401 includes updates to school district policy requirements to align with Texas Family Code, §261.104, as amended by House Bill (HB) 63, 88th Texas Legislature, Regular Session, 2023. Adopted new §103.1403 includes updates to signage requirements to align with Senate Bill (SB) 2069, HB 3553, and HB 3554, 88th Texas Legislature, Regular Session, 2023. This rule will be republished. 

• State Review and Approval of Instructional Materials 19 TAC 67 – The adopted new rule implements HB1605 (88R) and is intended to clarify the requirements for a school district’s OER transition plan. Effective Date: December 15. 

• Health and Safety 19 TAC 103 – The new rule requires school safety and security-related reporting through Sentinel, the comprehensive system designed to enhance the safety and security of students, faculty, and staff in school buildings. Effective Date: December 15. 

Environmental  

Texas Department of Agriculture 

• Quarantines and Noxious and Invasive Plants 4 TAC 19 – The Texas Department of Agriculture (Department) adopts amendments to Texas Administrative Code (TAC), Title 4, Part 1, Chapter 19 (Quarantines and Noxious and Invasive Plants), Subchapter A (General Quarantine Provisions), §19.1 (Definitions), §19.2 (Inspection Certificates), §19.3 (Inspection and Testing Fees), and §19.5 (Phytosanitary Growing Season Inspection); Subchapter E (Date Palm Lethal Decline Quarantine), §19.50 (Quarantined Pest), §19.51 (Geographical Areas Subject to the Quarantine) and §19.52 (Quarantined Articles); Subchapter F (Lethal Yellowing Quarantine), §19.60 (Quarantined Pest), §19.61 (Quarantined Areas), and §19.62 (Quarantined Articles); Subchapter G (European Brown Garden Snail Quarantine), §19.73 (Restrictions); Subchapter H (Gypsy Moth Quarantine), §19.81 (Adoption of Federal Quarantine); Subchapter J (Red Imported Fire Ant Quarantine), §19.101 (Quarantined Areas) and §19.103 (Restrictions); Subchapter K (European Corn Borer Quarantine), §19.113 (Restrictions); Subchapter M (Sweet Potato Weevil Quarantine), §19.133 (Restrictions); Subchapter Q (Sapote Fruit Fly Quarantine), §19.170 (Basis for Quarantine – Dangerous Insect Pest or Plant Disease (Proscribed Biological Entity)), §19.171 (Duration of the Quarantine), §19.172 (Infested Areas), §19.173 (Non-Infested Areas), §19.174 (Articles Subject to the Quarantine), §19.175 (Restrictions on Movement of Articles Subject to the Quarantine) and §19.176 (Monitoring and Eradication of the Dangerous Pest or Plant Disease); and Subchapter X (Citrus Greening Quarantine), §19.616 (Infested Geographical Areas Subject to the Quarantine) and §19.622 (Mandatory Treatment of Citrus Nursery Plants in the Citrus Zone). The amendments are adopted without changes to the proposed text as published in the May 24, 2024, issue of the Texas Register (49 TexReg 3669) and will not be republished. Section 19.23 is being adopted with changes due to grammar corrections; It will be republished. 

Texas Animal Health Commission  

• Chronic Wasting Disease 4 TAC 40 – The Texas Animal Health Commission (Commission) in a duly noticed meeting on November 12, 2024, adopted amendments to §40.6, concerning CWD Movement Restriction Zones. Section 40.6 is adopted without changes to the proposed text published in the August 23, 2024, issue of the Texas Register (49 TexReg 6345) and will not be republished.  

Texas Commision on Environmental Quality  

• Control of Air Pollution from Volatile Organic Compounds 30 TAC 115 – The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts amendments to 30 Texas Administrative Code (TAC) §§115.470, 115.471, and 115.473. Amended §§115.470, 115.471, and 115.473 are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5320) and therefore will not be republished. The amended sections will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan (SIP). 

• Groundwater Availability Certification for Platting 30 TAC 230 – Sections 230.1, 230.3, 230.4, 230.5, 230.8, 230.10, and 230.11 are adopted with changes to the proposed text as published in the May 24, 2024, issue of the Texas Register (49 TexReg 3696) and will be republished. Sections 230.2, 230.6, 230.7, and 230.9 are adopted without changes to the proposed text and will not be republished. 

• Radioactive Substance Rules 30 TAC 336 – The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts amendments to 30 TAC §§336.2, 336.102, 336.105, 336.208, 336.329, 336.331, 336.332, 336.336, 336.341, 336.351, 336.357, 336.625, 336.701, and 336.1215 without changes to the proposed text as published in the June 28, 2024, issue of the Texas Register (49 TexReg 4710) and, therefore, will not be republished. 

Soil and Water Conservation Board 

• Conservation Assistance 31 TAC 517 – The adopted rule defines the conditions under which soil and water conservation districts may use conservation assistance funds to reimburse indirect administrative expenses incurred through travel for official district business and establishes deadlines for soil and water conservation districts to submit claims for conservation assistance funds. Effective date: December 16, 2024 

Health Care 

• Radiation Control 25 TAC 289 – The amendment adds and clarifies registration requirements, personnel requirements, facility requirements, and laser radiation machine requirements concerning registration and radiation safety requirements for lasers and intense-pulsed light devices. Effective date: December 17, 2024. 

Withdrawn  

Environmental  

Texas Department of Agriculture 

• Handling and Marketing of Perishable Commodities 4 TAC 14 – Proposed amended §§14.1 – 14.4, published in the May 17, 2024, issue of the Texas Register (49 TexReg 3435), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).) 

Texas Animal Health Commission  

• Entry Requirements 4 TAC 51 – The Texas Animal Health Commission withdraws proposed amendments to 4 TAC §51.12 which appeared in the June 14, 2024, issue of the Texas Register (49 TexReg 4122). 

• Scrapie 4 TAC 60 – The Texas Animal Health Commission withdraws proposed amendments to 4 TAC §51.12 which appeared in the June 14, 2024, issue of the Texas Register (49 TexReg 4122). 

Health Care  

Department of State Health Services  

• Ambulatory Surgical Center 25 TAC 135 – The Department of State Health Services withdraws the adopted repeal of §§135.21, 135.24, and 135.25 which appeared in the November 15, 2024, issue of the Texas Register (49 TexReg 9238). 

Texas Forensic Commission  

• DNA, CODIS, Forensic Analysis, and Crime Laboratories 37 TAC 651 – The proposed repeal of §651.402, published in the May 17, 2024, issue of the Texas Register (49 TexReg 3504), is withdrawn. The agency failed to adopt the proposal within six months of publication. (See Government Code, §2001.027, and 1 TAC §91.38(d).