Below is a spotlight on the proposed, withdrawn, and adopted rules from the August 4th and August 11th editions of the Texas Register.
Education
Texas Education Agency
Proposed Rules
- COMMISSIONER’S RULES CONCERNING EDUCATOR APPRAISAL SUBCHAPTER AA. TEACHER APPRAISAL 19 TAC §150.1002, §150.1004 – The proposed amendments would allow districts to begin using the alternate Domain I rubric as part of the Texas Teacher Evaluation and Support System (T-TESS) beginning with the 2024-2025 school year. The public comment period begins August 11, 2023 and end September 11, 2023. The earliest possible date of adoption is September 10, 2023.
Adopted Rules
- STUDENT FINANCIAL AID PROGRAMS SUBCHAPTER A. GENERAL PROVISIONS 19 TAC §22.6 – This newly adopted amendment gives the Coordinating Board the green light to deal with unexpected urgent situations that could seriously affect students’ ability to make it to the financial aid priority deadline. The public comment period on the proposal began May 19, 2023, and ended June 20, 2023. The proposal goes into effect August 15, 2023.
- PART 2. TEXAS EDUCATION AGENCY CHAPTER 100. CHARTERS SUBCHAPTER AA. COMMISSIONER’S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS DIVISION 1. GENERAL PROVISIONS 19 TAC §100.1019 – The adopted new rule implements SB 1615, 87th Texas Legislature, by providing requirements for the administration of the adult high school open-enrollment charter application process. The public comment period on the proposal began May 5, 2023, and ended June 5, 2023. The effective date is August 10, 2023.
- TEXAS EDUCATION AGENCY CHAPTER 89. ADAPTATIONS FOR SPECIAL POPULATIONS – Establish the policy that every student in the state who has a primary language other than English and who is identified as an emergent bilingual student must be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program. The public comment period on the proposal began April 21, 2023, and ended May 22, 2023. The effective date is August 9, 2023.
Environment
Texas Parks and Wildlife Department
Emergency Rules
- NATURAL RESOURCES AND CONSERVATION PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 65. WILDLIFE – The Texas Parks and Wildlife Department adopts, on an emergency basis, amendments to 31 TAC §65.95, concerning Movement of Breeder Deer and §65.611, in response to the ongoing and most recent detections of chronic wasting disease (CWD) in additional deer breeding facilities. The effective date is July 24, 2023 and the expiration date is November 20, 2023.
Texas Commission on Environmental Quality
Adopted Rules
- TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 330. MUNICIPAL SOLID WASTE SUBCHAPTER O. REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING AND FINANCIAL ASSISTANCE GENERAL PROVISIONS 30 TAC §330.647. – The regional solid waste management plans include goals and strategies for implementing and promoting proper waste disposal management, waste diversion from landfills, recycling, and waste minimization, as well as initiatives for reducing illegal dumping of waste in each planning region. The commission held a public hearing on March 23, 2023. The comment period closed on March 27, 2023. The proposal publication date is February 23, 2023 and its effective date is August 10, 2023.
Withdrawn Rules
- TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 116. CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION SUBCHAPTER F. STANDARD PERMITS 30 TAC §116.615. The Texas Commission on Environmental Quality withdraws the proposed amendment to §116.615, which appeared in the March 10, 2023, issue of the Texas Register. The effective Date is July 21, 2023.
Healthcare
Department of State Health Services
Proposed Rules
- MATERNAL AND INFANT HEALTH SERVICES SUBCHAPTER U. EPINEPHRINE AUTO-INJECTOR POLICIES IN SCHOOLS 25 TAC §§37.601 – 37.611 – The purpose of the proposed repeal of 25 Texas Administrative Code (TAC) Chapter 37, Subchapter U, is to place all stock medication rules under 25 TAC Chapter 40. The new rules in 25 TAC, Chapter 40, Subchapter F, §§40.81 – 40.89 aligns the rules with similar TAC rules relating to stock medications in schools, youth facilities, and other entities such as amusement parks, restaurants, and sport venues. The public comment period began August 11, 2023 and ends September 11, 2023. The earliest possible date of adoption is September 3, 2023.
- CHAPTER 40. STOCK MEDICATION IN SCHOOLS AND OTHER ENTITIES – Requires the Executive Commissioner of HHSC consult with the commissioner of the Texas Education Agency to adopt rules regarding maintenance, administration, and disposal of opioid antagonists. S.B. 629 also requires the rules to establish a process for checking inventory and the amount of training for school personnel and volunteers. Finally, S.B. 629 requires schools to report information on the administration of opioid antagonists to the commissioner of DSHS.
Health and Human Services Commission
Proposed Rules
- HEALTH AND HUMAN SERVICES COMMISSION CHAPTER 374. MENTAL HEALTH EARLY INTERVENTION AND TREATMENT GRANT 26 TAC §§374.1 – 374.4 – HHSC to implement a competitive grant program to support community-based initiatives that promote identification of mental health issues and improve access to early intervention and treatment for children and families and to establish by rule the application and eligibility requirements for an entity to be awarded a grant. Earliest possible date of adoption is September 3, 2023.
Other
Public Utility Commission
Proposed Rules
- PUBLIC UTILITY COMMISSION OF TEXAS CHAPTER 22. PROCEDURAL RULES SUBCHAPTER D. NOTICE 16 TAC §22.52 – The suggested changes will make it necessary for applicants in electric certificate proceedings, except for small boundary changes, to let recipients know that they’ve got 30 days after they formally apply to the commission to step in and intervene. Comments must be filed by August 7, 2023. The earliest possible date of adoption is September 3, 2023.