Summaries of the most recently published emergency, proposed, and adopted rules from the May 1st and April 24th editions of the Texas Register are included below.
Emergency Rules
State Board of Dental Examiners Professional Conduct
The State Board of Dental Examiners adopted an emergency amendment to 22 TAC §108.9, expanding dishonorable conduct to include a failure to postpone all surgeries and procedures that are not medically necessary to diagnose or correct a serious medical condition of, or to preserve the life of, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient’s dentist.
Texas Medical Board Disciplinary Actions
The Texas Medical Board adopted an emergency amendment to 22 TAC §190.8(2)(U), adding to the definition of “Unprofessional and Dishonorable Conduct.” The amended definition now includes health care professionals undertaking and performing non-urgent elective surgeries and procedures during the COVID-19, causing unnecessary exposure. The amended definition is applicable only until the disaster declaration ends on May 8th, unless extended.
Department of State Health Services Standard Operating Procedures
The Commissioner of the HHSC adopted an emergency amendment to 25 TAC §417.47, in order to ensure necessary state hospital staffing levels in the wake of the COVID-19 disaster.
Chemical Dependency Treatment Facility (CDTF) Emergency COVID-19 Licensing
The Commissioner of the HHSC adopted new 26 TAC §500.41, §500.42 in response to the COVID-19 emergency. The emergency rules temporarily permit a licensed CDTF to provide telehealth and telemedicine treatment services to clients as well as to address shortages of available medical professionals and permit an intensive residential program in a CDTF to increase counselor caseloads from 10 to 20 clients per counselor because of CDTF staff shortages, during the COVOID-19 emergency.
State Supported Living Center Staff Training
The Commissioner of the HHSC adopted amended §§3.401 – 3.403, to efficiently and effectively deploy staff to meet needs during the COVID-19 pandemic in the state supported living center.
Proposed Rules
Texas Ethics Commission
All written comments on the proposed rules from the Texas Ethics Commission may be emailed to public_comment@ethics.state.tx.us. Meeting times can be found here.
Advisory Opinions
The Texas Ethics Commission proposes amendments to 1 TAC §§8.1, 8.3, 8.5, 8.7, 8.11, 8.13, 8.15, 8.17 – 8.19 regarding persons eligible to receive an advisory opinion, letter response, no defense to prosecution or civil penalty, among other similar topics. The review of these rules was prompted by Senate Bill 548.The Commission also proposes new §8.18, regarding no defense to prosecution or civil penalty.
Sworn Complaints
The Commission proposes an amendment to 1 TAC §12.29, regarding subpoenas issued by the Commission, and new §12.30, regarding subpoenas issued by counsel for the respondent. Additionally, the Commission proposes new 1 TAC §12.34, regarding agreed orders to resolve sworn complaints led with the Commission, and 1 TAC §12.83, §12.84, regarding preliminary review and preliminary review hearings.
Political Contributions and Expenditures
The Commission proposes amendments and new rules to implement HB 2586 of the 86th Texas Legislature, which allows, under certain circumstances, “hybrid” political committees to accept corporate or labor organization contributions to fund direct campaign expenditures.
- Amendment to 1 TAC §20.1, proposing clarification of definitions of “hybrid” and “direct campaign expenditure-only” committees.”
- New 1 TAC §22.35, regarding corporate contributions to certain political committees
- Amending 1 TAC §24.18, regarding designation of contribution for administrative purposes, specifically exempting hybrid PACs from a rule so that they may also use corporate contributions to fund direct campaign expenditures (as allowed in HB 2586)
- New 1 TAC §24.19 restates the new statutory requirement that the affidavit must be included in a political committee’s campaign treasurer appointment before using a political contribution from a corporation or labor organization to make a direct campaign expenditure in connection with a campaign for an elective office.
The Finance Commission of Texas
Texas Department of Banking- Money Services Business
The Commission proposes to amend 7 TAC §33.27, concerning fees that must be paid in connection with a proposed change of control of a money transmission or currency exchange business. The amended rule is proposed to correct an error. Comments must be submitted no later than 5:00 PM on June 1, 2020 to legal@dob.texas.gov.
Department of Savings and Mortgage Lending-Authorized Loans and Investments
The Commission proposes amendments to 7 TAC §77.73, raising the threshold for which a state savings bank may elect to perform an evaluation in lieu of a formal appraisal by a certified or licensed appraiser. Written comments may be submitted within 30 days of the publication of this proposal (May 1st) to smlinfo@sml.texas.gov.
Public Utility Commission of Texas
Substantive Rules Applicable to Water and Sewer Service Providers
The Commission proposes the adoption of several new amendments and rules. If requested, a public hearing will be held at the Commission’s offices on June 23, 2020. Comments may be filed with the Commission’s filing clerk at 1701 Congress Ave., Austin, by June 1st. All comments should refer to Project No. 49813
- Repeal of 16 TAC §24.41, relating to Cost of Service, and adoption of new 16 TAC §24.41, relating to Cost of Service
- New 16 TAC §24.238, relating to Fair Market Value, implementing HB 3542
- Amendments to 16 TAC §24.239, relating to Sale, Transfer, Merger, Consolidation, Acquisition, Lease or Rental
- 16 TAC §24.243, relating to Purchase of Voting Stock or Acquisition of a Controlling Interest in a Utility
Texas Education Agency
Written comments on the proposed Commissioner’s Rules may be submitted here by June 15, 2020.
School Finance
The TEA proposes new 19 TAC §61.1008, concerning the school safety allotment, reflecting changes made by SB 11 that direct the Commissioner to adopt rules and take action as necessary to implement and administer the school safety allotment.
College and Career Readiness
The TEA proposes new 19 TAC §74.1005, implementing HB 3, which establishes reimbursements for school districts for college preparation assessments and certification exams, and a weighted annual allotment for approved CTE courses. The proposed new rule would describe the eligibility of LEAs to receive CTE allotment funding and detail eligibility for certain district reimbursements.
State Board of Dental Examiners- Licensure
All written comments on the below proposed amendments and new rules may be submitted to official_rules_comments@tsbde.texas.gov within 30 days following the published proposal (may 1st).
- Amendment to 22 TAC §101.3, §101.4 for dentists and amendment to §103.3, §103.4 for dental hygienists proposing the requirement that an applicant must submit an application to the Professional Background Information Services (PBIS) for determination of a successful background verification be removed and to clarify that biennial not annual renewals are required.
- New 22 TAC §101.14 for dentists, new 22 TAC §103.10 for dental hygienists, and new 22 TAC §114.7 for dental assistants,, concerning exemption from licensure for certain military spouses, as mandated by SB 1200.
- New 22 TAC §101.15 for dentists, and new 22 TAC §103.11 for dental hygienists, concerning reinstatement of a cancelled license, clarifying the Board’s considerations when reviewing an application for licensure for an applicant who previously held a Texas license that expired and was cancelled.
Adopted Rules
Health & Human Services Commission (HHSC)
Attendant Base Wages
The HHSC adopted several new rules under Title 1, Part 15 and Title 40, Chapter 1 regarding attendant base wage, implementing Rider 45 of the HB 1, 86th Legislature which appropriated funds to HHSC to increase the minimum base wage paid to “personal attendants” from $8.00 to $8.11 per hour.
Public Utility Commission of Texas
Substantive Rules Applicable to Water and Sewer Service Providers
The Commission adopts amendments to 16 TAC §§24.3, 24.11, 24.14, 24.25, 24.27, 24.29, 24.33, 24.35, 24.49, 24.127, 24.129, 24.227, and 24.363, relating to classifications for water and sewer utilities.The amendments implement the changes required by SB 700, 86th Legislature, relating to changes in the classification of water and sewer utilities, the issuance of emergency orders by the Commission and the TCEQ and the continuation of temporary rates for nonfunctioning utilities that are acquired by another utility.
Substantive Rules Applicable to Electric Service Providers
The Commission adopts amendments to 16 TAC §25.5, relating to definitions, §25.130, relating to advanced metering, and §25.133, relating to non-standard metering service. These amendments conform the rules to legislation that amended the PURA.
Comptroller of Public Accounts-Battery Sales Fee
The Comptroller adopts amendments to 34 TAC §3.711, to add the fee amounts for sales of lead-acid batteries, to explain the penalty and interest provisions relating to delinquent fees and reports, and to add an exemption for maquiladora enterprises.
Motor Vehicle Title Services
The Williamson County Tax Assessor-Collector adopts new 43 TAC §§435.1 – 435.13, 435.15, and 435.16, concerning the regulation of motor vehicle title services.
APRIL 24th TEXAS REGISTER UPDATE
The April 24th publication of the Texas Register includes emergency rules set in place due to COVID-19, proposed rules, and adopted rules. The full publication can be found here.
Emergency Rules
Title 26 Texas Administrative Code Emergency Rules due to COVID-19
End Stage Renal Disease Facilities
26 TAC §500.21 was adopted by the commissioner of the HHSC. It reduces barriers to treatment for dialysis patients by updating regulatory requirements for end stage renal disease (ESRD) facilities regarding in-home visits, telemedicine, incident reporting, and education and training requirements for staff, to reduce barriers in treatment in response to COVID-19.
Certain Day Care Operations
26 TAC §745.10001 was adopted by the commissioner of the HHSC, restricting entry into a day care operation and requiring screening of certain persons authorized to enter a day care operation.
Emergency Child Care Operations
The HHSC adopted emergency rules 26 TAC §§745.10101, 745.10103, 745.10105, 745.10107, 745.10109, 745.10111 to create a new temporary emergency permit with specific requirements relating to health and safety standards, safe sleep requirements for infants, background check requirements, other general requirements, and how to comply with other subsequent changes from other authorities.
Title 28 Insurance
Texas Department of Insurance, Div. of Workers’ Compensation
The Commissioner of Workers’ Compensation adopts 28 TAC §167.1, building on the existing telemedicine and telehealth rules by creating an exception to current CMS distant site practitioner requirements. This rule allows health care providers licensed to perform physical medicine and rehabilitation services, including physical therapists, occupational therapists, and speech pathologists to bill and be reimbursed for services currently allowed under CMS telemedicine and telehealth billing codes.
Title 40 Social Services and Assistance
Unemployment Benefits, Claims, and Appeals
The TWC adopts amendments to 40 TAC §815.12, §815.29 related to unemployment insurance, to ensure compliance with related provisions of the CARES Act. The amendments include provisions for the Waiver of Repayment and Recovery of Temporary Extended Unemployment Compensation, Federal Pandemic Unemployment Compensation, Pandemic Emergency Unemployment Compensation, and Federally Reimbursed Waiting Week Overpayments. It also allows amendments to address name changes and the determination by the Commission to evaluate claimants regarding potential financial hardship in the repayment of TEUC.
Proposed Rules
Office of the Governor Regulatory Compliance Division
The proposed rules 1 TAC §§5.201 – 5.213 relate to regulatory compliance in rule making. They adjust and clarify terms, computation of time, rule submittal, public notices, and accepting public comment. Written comments may be submitted here, within 15 days of the publication of the April 24th issue of the Texas Register.
Medicaid Managed Care Delivery System and Provider Payment Initiatives
The rule amendment, 1 TAC §353.1305, includes non-state owned institutions for mental diseases (IMDs) as a class of hospital eligible for rate increases under the uniform hospital rate increase program (UHRIP). Written comments on the proposal may be submitted here, within 31 days of the publication of the April 24th issue of the Texas Register, indicating “Comments on Proposed Rule 20R046” in the subject line.
Texas Healthcare Transformation and Quality Improvement Program Reimbursement
The proposed rule amendment, 1 TAC §355.8212, revises and clarifies the definitions for “total eligible uncompensated costs” and unishered charity care payments. Written comments on the proposal may be submitted here, within 31 days of the publication of the April 24th issue of the Texas Register, indicating “Comments on Proposed Rule 20R047” in the subject line.
Texas Education Agency
Equalized Wealth Level
The Commissioner of TEA proposes the repeal of §62.1071 and an amendment to §62.1072, concerning the equalized wealth level. The repeal would remove outdated provisions and the proposed amendment would implement HB 3, adopting new manuals that describe the processes and procedures TEA will use in the administration of the provisions of TEC, Chapter 49, and the fiscal, procedural, and administrative requirements that must be met by school districts subject to TEC, Chapter 49. Comments may be submitted here by June 8th.
Financial Accountability
The Commissioner of TEA proposes an amendment to §109.1001, updating financial accountability rating information and rating worksheets for school districts and open enrollment charter schools. Written comments may be submitted here by June 8th.
Educator Appraisal
The Commissioner of TEA proposes new §150.1012 and §150.1013, concerning teacher appraisal. The proposed new sections would implement Texas Education Code (TEC), §21.3521 and §48.112, by establishing rules for teacher designation. Comments may be submitted here by May 26th.
22 TAC Texas Behavioral Health Executive Council
The Texas Behavioral Health Executive Council is proposing several new rules to implement HB 1501 from the 86th Legislature. Comments may be submitted to Open.Records@tsbep.texas.gov within 30 days of the publication of the April 24th edition of the Texas Register.
- 22 TAC §881.20 and §881.21, Rulemaking
- 22 TAC §§881.30 – 881.32, Personnel
- 22 TAC §881.40 and §881.41 Procurement
- 22 TAC §§882.1 – 882.13 License Applications
- 22 TAC §882.20 – 882.27 License
- 22 TAC §§882.30 – 882.36 Duties and Responsibilities
- 22 TAC §§882.40 – 882.42 Criminal History and License Eligibility.
- 22 TAC §882.50 Continuing Education and Audits
- 22 TAC §882.60 and §882.61 Licensing Provisions Related to Military Service Members, Veterans, and Military Spouses
- 22 TAC §882.70 Emergency Temporary License
- 22 TAC §§883.1-883.3, General Provisions for the Renewal of a License
- 22 TAC §883.10 Renewal Terms for Military Personnel on Active Duty
- 22 TAC §§884.1 – 884.6 Filing a Complaint
- 22 TAC §§884.10 – 884.12 Investigation and Disposition of Complaints.
- 22 TAC §884.20 and §884.21 Disciplinary Guidelines and Schedule of Sanctions
- 22 TAC §§884.30 – 884.32 Duties and Responsibilities
- 22 TAC §884.40 and §884.41, License Suspension
- 22 TAC §884.50, §884.51 Special Provisions for Persons Licensed to Practice Psychology
- 22 TAC §884.55, relating to Compliance
- 22 TAC §§884.60 – 884.65 Contested Cases
- 22 TAC §885.1 Fees
Texas Water Development Board- Texas Natural Resources Information Systems (TNRIS)
The Texas Water Development Board (TWDB) proposes adding new 31 TAC §353.102 and §353.103, relating to geographic information standards, and amending the name of 31 TAC Chapter 353 Subchapter G to broaden the scope of its subject matter. Written comments may be sent to rulescomments@twdb.texas.gov until 5:00 pm of the 31st day following publication in the April 24th issue of the Texas Register.
Comptroller of Public Accounts-Claims Processing: Travel Vouchers
The Comptroller of Public Accounts proposes amendments to 34 TAC §5.22 concerning state of Texas travel guidance.The amendments primarily change names, spelling, and other ideas that need clarification. Written comments may be submitted torob.coleman@cpa.texas.gov within 30 days of the publication in the April 24th issue of the Texas Register.
Texas Emergency Services Retirement System
TESRS General Provisions
The Board of the Texas Emergency Services Retirement System (TESRS) proposes an amendment to 34 TAC §302.2, clarifying the Board rule regarding benefit distributions to satisfy the plan qualification requirements under the Internal Revenue Code of 1986, as amended. Written comments may be submitted to outreach@tesrs.texas.gov within 30 days of the publication of the April 24th issue of the Texas Register.
Membership in TESRS
The Board of the TESRS proposes to amend Chapter 304, with proposed new 34 TAC §§304.2 – 304.4. The proposed new rules are necessary to allow a participating department to revoke its election to participate in TESRS in an actuarially sound manner and to allow employees of participating departments to participate in TESRS in a manner that maintains the qualified status of the pension system, each as contemplated under HB 3247. Comments on the proposed rules may be submitted tooutreach@tesrs.texas.gov within 30 days of the publication of the April 24th issue of the Texas Register.
Administration of TESRS
The Board of the TESRS proposes changes to Chapter 310, with the amendment of §310.5 and the proposed new §310.13 and §310.14. The proposed new and amended rules are necessary to clarify Board rules governing the administration of TESRS and to allow for the delegation of certain duties to the executive director as contemplated under HB 3247. Comments on the proposed rules may be submitted to outreach@tesrs.texas.gov within 30 days of the publication of the April 24th issue of the Texas Register.
Adopted Rules
Texas Education Agency Student Attendance
The Texas Education Agency (TEA) adopts an amendment to §129.1025, concerning student attendance. The amendment adopts by reference the 2019-2020 Student Attendance Accounting Handbook: Version 2 that includes amendments to incorporate changes made by recent legislation, including HB 3. The handbook provides student attendance accounting rules for school districts and charter schools.
TAC 40 Health & Human Services Commission
Intellectual Disability Services-Medicaid State Operating Agency Responsibilities
The Commissioner of HHSC adopts amendments to §9.186, §9.188; new §9.182; and the repeal of §9.185; in Subchapter D, Home and Community-based Services (HCS) Program and Community First Choice (CFC); and amendments to §9.575; new §9.581, §9.586; and the repeal of §9.577 in Subchapter N, Texas Home Living (TxHmL) Program and Community First Choice (CFC). The Commissioner also adopted §9.153, §9.171; new §9.181, §9.183 in Subchapter D, Home and Community-based Services (HCS) Program and Community First Choice (CFC); and amendments to §9.553, §9.576; and new §9.587 in Subchapter N, Texas Home Living (TxHmL) Program and Community First Choice (CFC).
The rules implement Texas Human Resources Code §§161.089, 161.089, and 161.0892 added by HB 2590 in the 85th Legislature, 2017. They allow HHSC to assess and collect an administrative penalty against a HHSC program provider or TxHmL program provider for rule or law violations related to the program. They also allow HHSC to permit program providers to use administrative penalty amounts to improve services and requires HHSC to establish an informal dispute resolution process for both programs.
Contracting for Community Services
The Commissioner of HHSC adopts amendments to §§49.209, 49.531, 49.532, and 49.534; and new §49.535. The rules implement Texas Human Resources Code §161.089 and §161.0891 added by House Bill 2590, 85th Legislature.
New and amended rules in Title 40, Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, are published and referenced in the previous paragraph, allowing an implementation of administrative penalties and an amelioration process in the HCS and TxHmL Programs. The amended and new rules in this chapter add an administrative penalty as a sanction that HHSC may take against a contractor that has a contract for the HCS Program or TxHmL Program.