Below is a spotlight on the emergency, proposed, and adopted rules in the October 21 and the October 28 editions of the Texas Register.
Education
TEXAS EDUCATION AGENCY
Withdrawn
- EDUCATIONAL PROGRAMS
- The Texas Education Agency withdraws proposed amended which appeared in the July 15, 2022, issue of the Texas Register.
Proposed
HEALTH AND SAFETY – 19 TAC §103.1303
- The TEA proposes an amendment regarding commissioner’s review of actions concerning video cameras in special education settings. The proposed amendment would update the procedures for the agency’s division responsible for hearings and appeals to allow electronic filing. This section implements required sections of TEX by specifying the requirement for all hearings and reviews of actions concerning denials of requests for the installation of cameras, denials to view a video, denials to release a video, and requests of a school district for an extension of time for the installation of cameras. The proposed amendment would update the requirements that all filed documents must be mailed, hand-delivered, or faxed to the agency’s division responsible for hearings and appeals to include electronic filing. The proposed amendment would also state that electronic filing, rather than filing by facsimile, is strongly encouraged. The public comment period begins on October 28 and ends November 28.
HEARINGS AND APPEALS – §§157.1049, 157.1050, 157.1051, 157.1059, 157.1060, 157.1072, 157.1102
- The TEA proposes amendments concerning hearings and appeals. The amendments would modify the rules to provide for electronic filings and service of documents with the agency’s division responsible for hearings and appeals. Proposed amendments make additions to the listed sections to include and acknowledge electronic services and services by email in line with existing filing methods. The public comment period begins on October 28 and ends November 28, 2022.
Adopted
- EDUCATIONAL PROGRAMS
- The TEA adopts amendments concerning innovation districts. The amendments are adopted without changes to the proposed text as published in the July 15, 2022, issue of the Texas Register and will not be republished. The adopted amendments clarify reporting requirements for designated districts of innovation and update the list of prohibited exemptions. During the comment period, TEA received nine comments from the Texas Classroom Teachers Association and Frisco Independent School District.
Environment
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Adopted
- CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS
- The TCEQ adopts new amendments are adopted with changes to the proposed text as published in the April 29, 2022, issue of the Texas Register and, therefore, will be republished. The new sections of Chapter 112 will be submitted to the United States Environmental Protection Agency as revisions to the State Implementation Plan. The TCEQ received comments from Arcosa Incorporated, Chevron Phillips Chemical Company LP, Alon USA, LP, a wholly owned subsidiary of Delek US Holdings, the United States Environmental Protection Agency Region, Phillips 66 Company, SOLVAY Specialty Polymers USA, and Tokai Carbon CB, Ltd.
TEXAS WATER DEVELOPMENT BOARD
Proposed
- FINANCIAL ASSISTANCE PROGRAMS
- The Texas Water Development Board proposes amendments to 31 Texas Administrative Code related to the State Participation Program. Comments will be accepted until 5:00 p.m. of the 31st day following publication in the Texas Register. Include “State Participation” in the subject line of any comments submitted.
RAILROAD COMMISSION OF TEXAS
Proposed
- The Railroad Commission proposes amendments to incorporate provisions of SB 1582 and to make clarifying changes. The amendments to sections of the Natural Resources Code incorporate a proctoring system for use during registration and licensing examination. The proposed rule outlines details of the proctoring system and plans for when the rule is adopted. Additionally, the Commission proposes to change the deadline for submittal of CNG Form 1501 from 10 calendar days to 30 calendar days. Several amendments serve to better reflect rules in chapter 9, such as outlining how to submit complaints regarding non-compliance, adding references to Forms 1007A and 1007T, requirement of a 24-hour emergency telephone number, addition of licensing category “1B”, requirements for DOT and ASME licenses, and repair details for tanks and cylinders. The remaining amendments involve clarifying changes to create consistency among chapters and sections. Public comment will be accepted until 5:00 pm on Monday, November 28.
- The Railroad Commission proposes amendments to incorporate provisions of SB 1582 and to make clarifying changes. The amendments to sections of the Natural Resources Code incorporate a proctoring system for use during registration and licensing examination. The proposed rule outlines details of the proctoring system and plans for when the rule is adopted. Additionally, the Commission proposes to change the deadline for submittal of LNG Form 2501 from 10 calendar days to 30 calendar days. Several amendments serve to better reflect chapter 9 LP-Gas Safety Rules, such as outlining how to submit complaints regarding non-compliance, adding references to Forms 2007A and 2007T, requirement of a 24-hour emergency telephone number, requirements for DOT and ASME licenses, and repair details for tanks and cylinders. The remaining amendments involve clarifying changes to create consistency among chapters and sections. Public comment will be accepted until 5:00 pm on Monday, November 28.
Health Care
TEXAS HEALTH AND HUMAN SERVICES
Proposed
- The Executive Commissioner of the HHSC proposes amendments in Division 33 concerning Definitions, Telemedicine and Telehealth Benefits and Limitations, Home Telemonitoring Benefits and Limitations, Provision of Behavioral Health Services through an Audio-Only Platform, and Provision of Non-behavioral Health Services Using an Audio-only Platform. In Division 1, proposes amendments concerning Definitions, Assessment and Service Authorization, and, Recovery/Treatment Planning, Recovery/Treatment Plan Review, and Discharge Summary. In Division 2, amendments concerning Mental Health Targeted Case Management Services and Documentation Requirements. Division 3, amendments concerning Crisis Intervention Services, Medication Training and Support Services, Psychosocial Rehabilitative Services, and Skills Training and Development Services. Written comments must be submitted no later than 31 days after the date of this issue of the Texas Register.
- The Executive Commissioner of the HHSC proposes new Subchapter P, Autism Services, concerning Purpose and Applicability, Definitions, Providers of Applied Behavior Analysis, Service Description, Requirements, and Limitations for Providing Applied Behavior Analysis Services, Additional Medicaid Reimbursement Limitations, and Exclusions Specific to Applied Behavior Analysis (ABA) Services. Written comment must be submitted no later than 31 days after the date of this issue of the Texas Register.
MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
- The Executive Commissioner of HHSC proposes a repeal concerning Minimum Data Set Assessments, Resource Utilization Group Classification System, Waiver of Extrapolation. They propose new amendments concerning Utilization Review of Nursing Facilities, HHSC-Approved Online RUG or Other HHSC-Required Training Course, Nursing Facility Clinical Records, Onsite and Desk Utilization Reviews of Nursing Facilities, Exit Conferences, Reconsideration of Utilization Review Results, Appeals of Reconsideration, Calculation of Overpayments and Underpayments, Recoveries, and Waiver of Extrapolation. Written comments must be submitted no later than 31 days after the date of this issue of the Texas Register.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMS
- The Executive Commissioner of HHSC proposes amendments concerning Treatment of Resources in SNAP, Countable and Excluded Income in SNAP, and Allowable Deductions from Countable Income in SNAP. Written comment must be submitted no later than 31 days after the date of this issue of the Texas Register.
Withdrawn Rules