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Below is a spotlight on the withdrawn, emergency, proposed, and adopted rules in the April 15th through the April 22nd editions of the Texas Register.

Education

TEXAS EDUCATION AGENCY

Note: the Texas Education Agency withdrew rules relating to the TEKS in the April 15th Texas Register, but adopted rules for those sections in the April 22nd Texas Register.

Withdrawn Rules

TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR CAREER DEVELOPMENT – 19 TAC §127.416, 19 TAC §127.651, 19 TAC §§127.788 – 127.791

  • The Texas Education Agency withdrew a proposed rule relating to Texas Essential Knowledge and Skills for Career Development, with subchapters relating to Law and Public Service; and Science, Technology, Engineering, and Mathematics.

Adopted Rules

CURRICULUMN REQUIREMENTS – 19 TAC §74.2001

  • The Texas Education Agency has adopted new rules concerning reading practices. The new section is adopted with changes to the proposed text as published in the October 8, 2021 issue of the Texas Register and will be republished. The adopted new rule implements statutory requirements for a phonics curriculum as required by HB 3 86(R). The agency received a number of public comments which can be found here. The rule’s effective date is April 28, 2022.

TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SCIENCE – §§112.1-112.7 and 112.25-112.28

  • The State Board of Education has adopted new rules concerning Texas Essential Knowledge and Skills (TEKS) for science. New sections are adopted without changes to the proposed text as published in the October 8, 2021 issue of the Texas Register and will not be republished. New sections are adopted with changes to the proposed text as published in the October 8, 2021 issue of the Texas Register and will be republished. The adopted new sections update the standards to better align the content and ensure they remain current. The agency received a number of public comments which can be found here. The rule’s effective date is April 26, 2022.

TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR CAREER DEVELOPMENT – §127

  • The State Board of Education has adopted new chapters concerning Texas Essential Knowledge and Skills (TEKS) for career development. The new sections are adopted with changes to the proposed text as published in the October 8, 2021 issue of the Texas Register and will be republished. The adopted new sections update the standards to ensure the standards remain current and better support the revised career and technical education (CTE) programs of study. The agency received a number of public comments which can be found here. The rule’s effective date is April 26, 2022.

SCHOOL DISTRICTS – 19 TAC §61.1027

  • The Texas Education Agency has adopted an amendment concerning a report on the number of educationally disadvantaged students for calculating the compensatory education allotment. The amendment was adopted without changes to the proposed text as published in the January 28, 2022 issue of the Texas Register. The adopted amendment will allow students participating in virtual learning in the 2021-2022 school year to generate state compensatory education allotment funds. The commission received a comment on the amendment from an individual which can be found here. The rule’s effective date is April 19, 2022.

Environment

TEXAS PARKS AND WILDLIFE DEPARTMENT

Proposed Rules

ADVISORY COMMITTEES – 31 TAC §§51.601, 51.606 – 51.614, 51.631, 51.671, 51.672

  • The Texas Parks and Wildlife Department proposes amendments concerning Advisory Committees. The proposed amendments would establish an expiration date of July 1, 2026 for the following advisory committees: White-tailed Deer Advisory Committee (WTDAC), Migratory Game Bird Advisory Committee (MGBAC), Upland Game Bird Advisory Committee (UGBAC), Private Lands Advisory Committee (PLAC), Bighorn Sheep Advisory Committee (BSAC), Wildlife Diversity Advisory Committee (WDAC), Mule Deer Advisory Committee (MDAC), Urban Outreach Advisory Committee (UOAC), Accessibility Advisory Committee (AAC), Freshwater Fisheries Advisory Committee (FFAC), State Parks Advisory Committee (SPAC), and Coastal Resources Advisory Committee (CRAC). The proposed amendments also realign the terms of current advisory committee members to facilitate the beginning of new terms on July 1, 2022. Earliest possible date of adoption of this amendment is May 22, 2022.

CHRONIC WASTING DISEASE – COMPREHENSIVE RULES – 31 TAC §65.97

  • The Texas Parks and Wildlife Department proposes amendments concerning Testing and Movement of Deer Pursuant to a Triple T or TTP Permit. The proposed rule would establish chronic wasting disease (CWD) testing requirements and other provisions for properties that are prospective trap sites for permits to trap, transport, and transplant game animals and game birds. The department promulgated rules that made extensive changes to the CWD management. Among other things, that rulemaking imposed a temporary moratorium on the issuance of Triple T permits for deer; however, the Parks and Wildlife Commission directed staff to develop a proposal as quickly as possible to allow resumption of program functionality. The intent of this proposed rulemaking is to restore the availability of the Triple T permit program for deer while minimizing the probability of CWD being spread as a result of deer translocation activities. Earliest possible date of adoption of this amendment is May 22, 2022.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY – DAMS AND RESERVOIRS 30 TAC §§299.1, 299.2, 299.7

  • The TCEQ proposes amendments relating to amending existing rules to add the language of SB 600 that requires river authorities to submit information on their dams. There are eight river authorities that meet the requirements of SB 600, and there are 79 dams owned by these river authorities. Language requiring dam exemptions from HB 2694 and HB 677 have also been added. The recent audit report findings on the Dam Safety Program by the Texas State Auditor’s Office recommended that language of these two bills be included in the rules. Revisions will be made to clarify language in the rules. Earliest possible date of adoption of this amendment is May 21, 2022.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Adopted Rules

CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES – 30 TAC §114.1 VEHICLE INSPECTION AND MAINTENANCE, 30 TAC §114.50 EARLY ACTION COMPACT COUNTIES, and 30 TAC §114.82

  • The Texas Commission on Environmental Quality has adopted new amendments relating to motor vehicle air pollution control. The amendments are adopted without changes to the proposed text as published in the December 3, 2021, issue of the Texas Register. The adopted amendments will allow a digital license plate in lieu of attaching the registration insignia to the vehicle’s windshield, and remove language for affixing the vehicle registration insignia sticker to the vehicle windshield. In addition, the adopted revisions added language to allow for different forms of proof of compliance with I/M requirements provided by the DPS and the DMV. No public comments were made to the commission on the proposed amendments. The commission received no public comment regarding the CMP. The rule’s effective date is April 21, 2022.

CONSOLIDATED PERMITS – 30 TAC §§305.542 – 305.544

  • The Texas Commission on Environmental Quality has adopted new rules regarding additional conditions for the Texas Pollutant Discharge Elimination System (TPDES) Permits. The new rules are adopted without changes to the text as published in the October 8, 2021, issue of the Texas Register. The adopted rules consolidate and improve the organization of TCEQ rules related to the TPDES program, and adopts federal regulations related to cooling water intake structure at oil and gas facilities. The commission received no comments on the adopted rules. The rule’s effective date is April 21, 2022.

CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM – 30 TAC §308.1, 30 TAC §308.21, 30 TAC §308.31, 30 TAC §308.41, 30 TAC §308.71, 30 TAC §308.81, 30 TAC §308.91, 30 TAC §308.101, 30 TAC §308.141

  • The Texas Commission on Environmental Quality has adopted the repeal of rules regarding criteria and standards for the National Pollutant Discharge Elimination System (NPDES). The repeal is adopted without changes to the text as published in the October 8, 2021, issue of the Texas Register. The rulemaking is being adopted due to the commission determining them obsolete in accordance with the executive director identifying several rules related to the TPDES program that would be more appropriate and consolidated. The commission received no comments on the adopted rules. The rule’s effective date is April 21, 2022.

TOXIC POLLUTANT EFFLUENT STANDARDS – 30 TAC §314.1

  • The Texas Commission on Environmental Quality has adopted the repeal of rules regarding Toxic Pollutant Effluent Standards. The repeal of the rule is adopted without changes to the text as published in the October 8, 2021, Issue of the Texas Register. Chapter 314 is adopted for repeal because the executive director has identified it as one of several rules related to the TPDES program that would be more appropriately consolidated. The commission received no public comments. The rule’s effective date is April 21, 2022.

CONTROL OF CERTAIN ACTIVITIES BY RULE – 30 TAC §§321.71 – 321.81, 30 TAC §§321.91 – 321.97, and 30 TAC §§321.211 – 321.220

  • The Texas Commission on Environmental Quality has adopted the repeal of several sections related to the National Pollutant Discharge Elimination System without changes to the text as published in the October 8, 2021 issue of the Texas Register. This rulemaking is being adopted in response to a quadrennial rule review wherein the commission determined that these sections were obsolete. The commission received no public comments. The rule’s effective date is April 21, 2022.

REGIONALIZATION – 30 TAC §§351.41 – 351.45

  • The Texas Commission on Environmental Quality has adopted the repeal of sections related to area-wide water systems without changes to the text as published in the October 8, 2021 edition of the Texas Register. The commission adopts this rulemaking because the Rio Grande Valley Pollution Control Authority no longer exists nor are there any wastewater permits issued to any regional system in this regional area. The commission received no public comments. The rule’s effective date is April 21, 2022.

Energy

PUBLIC UTILITY COMMISSION OF TEXAS

Adopted Rules

TRANSMISSION AND DISTRIBUTION APPLICABLE TO ALL ELECTRIC UTILITIES 16 TAC §25.218

  • The Public Utility Commission of Texas has adopted a new rule relating to Middle Mile Broadband. The commission adopts this rule with changes to the proposed rule. This rule will facilitate implementation of middle mile broadband service by allowing amenable electric utilities to lease excess fiber capacity to internet service providers. These electric utilities are required to submit written middle mile broadband service plans for review by the commission as required by the Public Utility Regulatory Act as amended by HB 3853 87(R). The commission received comments on the proposed rule from multiple stakeholders which can be found here. The rule’s effective date is April 21, 2022.

Health Care

HEALTH AND HUMAN SERVICES COMMISSION

Emergency Rules

COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING – 26 TAC §§500.41 – 500.44, 26 TAC §500.51

  • The Executive Commissioner of the Texas HHSC adopts on an emergency basis, emergency rules relating to COVID-19 Emergency Health Care Facility Licensing, with an emergency rule on telemedicine and telehealth; an emergency rule on maximum caseloads in order to permit an intensive residential program in a chemical dependency treatment facility (CDTF) to temporarily increase counselor caseloads to 20 clients per counselor; an emergency rule on service delivery via two-way, real-time internet or telephone communications; and an emergency rule on treatment planning and service provision documentation deadlines in order to provide CDTFs additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs in response to the COVID-19 pandemic. The rule’s effective date is April 10, 2022.

INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS – 26 TAC §551.46

  • The Executive Commissioner of the Texas HHSC adopted on an emergency basis an emergency rule concerning the mitigation and containment of COVID-19 in an intermediate care facility for individuals with an intellectual disability (ICF/IID) or related condition. The purpose of the new rule is to describe requirements and specify language for ICF/IID Provider Responses to COVID-19. The rule’s effective date is April 6, 2022.

LICENSING STANDARD FOR ASSISTED LIVING FACILITIES – 26 TAC §553.2001

  • The Executive Commissioner of the Texas HHSC adopted on an emergency basis an emergency rule regarding Licensing Standards for Assisted Living Facilities concerning response to COVID-19 and requiring assisted living facility actions to mitigate and contain COVID-19. HHSC is adopting an emergency rule to require assisted living facility actions to mitigate and contain COVID-19. The purpose of the new rule is to describe these requirements and also define terms related to the requirements. The rule’s effective date is April 3, 2022.

Adopted Rules

MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS – §§748

  • The amendments, new sections, and repeals are necessary to implement Texas Human Resources Code, which requires HHSC Child Care Regulation (CCR) to conduct a comprehensive review of all minimum standards every six years. The rule changes are a result of the comprehensive review of all minimum standards. In addition, one of the rule changes implements a section of statute added by HB 700 87(R). HHSC received comments regarding the proposed rules which can be found here. The rule’s effective date is April 25, 2022.

MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES – §§749

  • The amendments, new sections, and repeals are necessary to implement Texas Human Resources Code which requires HHSC Child Care Regulation (CCR) to conduct a comprehensive review of all minimum standards every six years. The rule changes are a result of the comprehensive review of all minimum standards. In addition, the purpose of some of the rule changes is to implement sections of statute that were amended by HB 700, HB 1387, and HB 1927 87(R). HHSC received comments regarding the proposed rules which can be found here. The rule’s effective date is April 25, 2022.

HEALTH AND HUMAN SERVICES COMMISSION – EMPLOYEE MISCONDUCT REGISTRY 26 TAC §§561.1 – 561.9

  • The HHSC has adopted new rules concerning the Employee Misconduct Registry. The new rules are adopted without changes to the proposed text as published in the December 24, 2021, issue of the Texas Register. The new rules update and relocate the EMR which is necessary to implement SB 200, which transferred the functions of the Department of Aging and Disability Services to HHSC. The repeal is adopted elsewhere in this issue of the Texas Register. HHSC did not receive any comments regarding the proposed rules. The rule’s effective date is April 21, 2022.

Taxes

COMPTROLLER OF PUBLIC ACCOUNTS

Adopted Rules

TAX ADMINISTRATION – 34 TAC §3.282

  • The Comptroller of Public Accounts adopts amendments concerning auditing taxpayer records, without changes to the proposed text as published in the March 4, 2022, issue of the Texas Register. The comptroller amends the section to reflect the changes in Tax Code in to Gross Receipts Presumed Subject to Tax, Sale for Storage, Use, or Consumption Presumed; made by SB 296 87(R). The rule will not be republished. No public comments were received. The rule’s effective date is April 26, 2022.

PROPERTY TAX ADMINISTRATION – 34 TAC §9.419

  • The Comptroller of Public Accounts adopts amendments concerning property tax exemption for certain leased motor vehicles, without changes to the proposed text as published in the February 18, 2022, issue of the Texas Register. The rule will not be republished. No public comments were received. The rule’s effective date is April 24, 2022.

TAC ADMINISTRATION – 34 TAC §3.589

  • The Comptroller of Public Accounts has adopted amendments concerning margin and compensation without changes to the proposed text as published in the February 18, 2022, issue of the Texas Register. No comments were received regarding adoption of the amendments. No public comments were received. The rule’s effective date is April 19, 2022.

FUNDS MANAGEMENT (FISCAL AFFAIRS) – 34 TAC §5.47

  • The Comptroller of Public Accounts has adopted amendments concerning deductions for payments to credit unions without changes to the proposed text as published in the February 18, 2022, issue of the Texas Register. No comments were received regarding adoption of the amendments. No public comments were received. The rule’s effective date is April 21, 2022.