Below is a spotlight on proposed, withdrawn, and adopted rules from the December 8th edition of the Texas Register.
Wildlife:
Texas Parks and Wildlife Department
Emergency Rule
- CHAPTER 65. WILDLIFE SUBCHAPTER B. DISEASE DETECTION AND RESPONSE DIVISION 2. CHRONIC WASTING DISEASE – COMPREHENSIVE RULES. The department’s executive director has determined that the nature of CWD, it’s continued spread, and its recent detection in additional deer breeding facilities in Brooks, Frio, Zavala, Kimble, and Cherokee counties pose an immediate danger to white-tailed deer, which is a species authorized to be regulated by the department, and that the adoption of rules on an emergency basis with fewer than 30 days’ notice is necessary to address this immediate danger. Effective date was November 20, 2023
Withdrawn Rule
- TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 65. WILDLIFE SUBCHAPTER B. DISEASE DETECTION AND RESPONSE DIVISION 2. CHRONIC WASTING DISEASE – COMPREHENSIVE RULES. The Texas Parks and Wildlife Department withdraws proposed emergency amendment to §65.95 which appeared in the August 11, 2023, issue of the Texas Register.
Health Care:
Texas Health and Human Services Commission
Proposed Rules
- CHAPTER 353. MEDICAID MANAGED CARE SUBCHAPTER A. GENERAL PROVISIONS. HHSC proposes amendments, concerning Definitions; and concerning Managed Care Organization Requirements Concerning Out-of-Network Providers. The public comment period ends January 8th, 2024.
- CHAPTER 338. DISASTER RULE FLEXIBILITIES FOR LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES (LIDDAs). HHSC proposes new Chapter 338, Disaster Rule Flexibilities for Local Intellectual and Developmental Disability Authorities, and Disaster Flexibilities. The public comment period ends January 8th, 2024.
- CHAPTER 745. LICENSING SUBCHAPTER G. CONTROLLING PERSONS. HHSC proposes amendments concerning Who is a controlling person at a child-care operation, concerning When and how must an operation submit controlling-person information to Licensing, and When will Licensing designate someone at my child-care operation as a controlling person; and concerning What must I do to verify the accuracy of the list of controlling persons associated with my operation, in Texas Administrative Code, Title 26, Chapter 745, Licensing, Subchapter G, Controlling Persons. The public comment period ends January 8th, 2024.
- CHAPTER 926. TRAINING FOR FACILITY STAFF. HHSC proposes new amendments concerning Application; concerning Definitions; concerning Training for New Employees; concerning Additional Training for Employees who Provide Direct Care to Individuals, State Hospital Refresher Training, and State Supported Living Center Refresher Training. The public comment period ends January 8th, 2024.
Adopted Rules
- TEXAS HEALTH AND HUMAN SERVICES COMMISSION CHAPTER 354. MEDICAID HEALTH SERVICES SUBCHAPTER O. ELECTRONIC VISIT VERIFICATION. HHSC adopts amendments the EVV System, Requirements for Claims Submission and Approval, and Member Rights and Responsibilities, among others. The 31-day comment period ended October 9, 2023. Effective date is January 1, 2024
Department of State Health Services
Proposed Rules
- AGENCY AND FACILITY RESPONSIBILITIES SUBCHAPTER A. STANDARD OPERATING PROCEDURES. DSHS proposes amendments concerning Training Requirements for State Mental Health Facilities and concerning References; and concerning Distribution. The public comment period ends January 8th, 2024.
Economic:
Comptroller of Public Accounts
Proposed Rules
- CHAPTER 3. TAX ADMINISTRATION SUBCHAPTER JJ. CIGARETTE, E-CIGARETTE, AND TOBACCO PRODUCTS REGULATION. The Comptroller proposes amendments concerning prohibited e-cigarette products. The new section implements House Bill 4758, 88th Legislature, 2023, which enacted Health and Safety Code. The public comment period ends January 8th, 2024
- CHAPTER 9. PROPERTY TAX ADMINISTRATION SUBCHAPTER I. VALUATION PROCEDURES. The Comptroller proposes amendments concerning the definition of petroleum products. The new section replaces existing amendments concerning definition of petroleum products, which the comptroller is proposing for repeal to improve the clarity and organization of Subchapter I. The section is also updated to better reflect the list of products that fall under this definition. The public comment period ends January 8th, 2024