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Below is a spotlight on proposed, adopted, and withdrawn rules from the February 23rd and the March 1st editions of the Texas Register.

 

Education

TEXAS EDUCATION AGENCY

Proposed Rules:

  • CHAPTER 74.CURRICULUM REQUIREMENTS – The proposed amendment implements SB 2124 by requiring school districts and open-enrollment charter schools to automatically enroll all Grade 6 students who performed in the top 40% on the Grade 5 mathematics assessment instrument or on a local measurement relative to their class ranking. Schools would be required to develop a middle school advanced mathematics program to enable students Grades 6-8 to enroll in Algebra I in Grade 8. Earliest possible date of adoption: March 24, 2024.
  • CHAPTER 97.PLANNING AND ACCOUNTABILITY – The proposed amendment would adopt excerpts of the 2024 Accountability Manual into rule, which specify the indicators, standards, and procedures that the commissioner of education utilizes to determine accountability ratings and distinction designations for districts and campuses. Earliest possible date of adoption: March 24, 2024.
  • CHAPTER 102.EDUCATIONAL PROGRAMS – The proposed amendment reflects that the TEA will administer the Parent-Directed Special Education Services to better signal to parents their intended scope. The amendment also clarifies that only students served by special education under an individualized education program are eligible for the program. The amendment implements HB 1926 by removing the expiration date of the program and the limit on the maximum amount of funds that can be spent. Earliest possible date of adoption: March 24, 2024.
  • CHAPTER 109.BUDGETING, ACCOUNTING, AND AUDITING – The proposed amendment clarifies the financial accountability rating indicators terminology that is used to determine each school district’s and charter school’s rating for the 2023-2024 rating year and subsequent years. The amendment would also implement a few pandemic-related adjustments that can be applied to 2023 data. Earliest possible date of adoption: March 24, 2024.
  • CHAPTER 157. HEARINGS AND APPEALS – The SBOE proposes an amendment concerning certification criteria for independent hearing examiners. The proposed amendment would reduce the length of time an attorney must be licensed and engaged in full-time practice to be eligible to serve as an independent hearing examiner and expand the experience requirements to include family law, criminal law, and personal injury law. Earliest possible date of adoption: March 31, 2024.
  • CHAPTER 127. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR CAREER DEVELOPMENT AND CAREER AND TECHNICAL EDUCATION – The SBOE proposes new rules concerning Texas Essential Knowledge and Skills for career development and career and technical education. The proposal would update and add new TEKS for courses in the agribusiness, animal science, plant science, and aviation maintenance programs of study as well as update TEKS for two science, technology, engineering, and mathematics courses that may satisfy science graduation requirements to ensure the content of the courses remains current and supports relevant and meaningful programs of study. Earliest possible date of adoption: March 31, 2024.
  • CHAPTER 74. CURRICULUM REQUIREMENTS – The SBOE proposes new rules concerning academic achievement record. The proposed amendment would require that completion of instruction in the use of an automated external defibrillator in addition to the existing requirement for instruction in cardiopulmonary resuscitation be indicated on a student’s academic achievement record. This rule aims to implement HB 4375 which built on existing requirements to add instruction in the use of an AED to the requirements for instruction in CPR. Earliest possible date of adoption: March 31, 2024.

Adopted Rules:

  • CHAPTER 232. GENERAL CERTIFICATION PROVISIONS – The SBEC adopts amendments concerning general certification provisions. The amendments are adopted without changes to the proposed text as published in the October 27, 2023 issue of the Texas Register. The adopted amendments provide minor technical edits to clarify the existing hardship exemption processes established in rule, implement the statutory requirements of HB 2929 88(R) 2023 and update CPE training requirements to remove the limit on certain professional development hours that can be completed by classroom teachers and school counselors every five years for the purposes of standard certificate renewal. Effective date: March 7, 2024.

 

Health

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Adopted Rules:

  • CHAPTER 353.MEDICAID MANAGED CARE – The adopted rule complies with SB 1207, which requires the HHSC to implement a steady process and timeline for a prior authorization request submitted with incomplete or insufficient information and requires MCOs to enhance website accessibility of information related to PA requirements. Effective date: February 28, 2024.

Withdrawn Rules:

 

Energy

PUBLIC UTILITY COMMISSION OF TEXAS

Adopted Rules:

  • CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS – The PUC adopts amendments relating to Terms and Conditions for Transmission Service. The commission adopts this rule with changes to the proposed text as published in the December 15, 2023 issue of the Texas Register. The adopted rule implements PURA, enacted as HB 1500, which requires the commission to develop a reasonable allowance applicable to generation resources interconnecting directly with the ERCOT transmission system at transmission voltage after December 31, 2025. Under the adopted rule, interconnections at or below 138 kV will initially have an allowance of $14m. Interconnections above 138 kV will initially have an allowance of $20m. The commission received a number of comments on the proposed rule. A summary of the commission’s responses can be found here. The rule has been revised to clarify it applies to transmission service. For clarity, adoption subsection (a) also explicitly references transmission service providers, transmission service customers, and ERCOT. The commission has altered the definition of “generation resource” to “transmission-level generator.” The commission removed the condition requiring the execution of a SGIA from the definition because it is redundant with existing requirements. The commission defines “transmission system upgrade” as any additional transmission facilities or modifications beyond what is required to interconnect a transmission service customer to the transmission system. The construction of a new substation or modifications to an existing substation is not a transmission-system upgrade under the adopted rule if necessary to interconnect a transmission-level generator. The adopted definition appropriately differentiates between new facilities – or modifications to existing facilities – that are not strictly necessary for interconnections within ERCOT and therefore “benefit” the broader transmission system, and those that are more appropriately considered interconnection costs. In this manner the costs of any facilities that qualify as “transmission system upgrades” will not be the responsibility of the interconnecting generator. Effective date: March 6, 2024.

 

Other:

COMPTROLLER OF PUBLIC ACCOUNTS

Proposed Rules:

  • CHAPTER 3.TAX ADMINISTRATION – The proposed rule would implement sections of SB 248, concerning the regulation of permits for the sale or delivery of e-cigarettes. Earliest possible date of adoption: March 24, 2024.