Below is a spotlight on the proposed, emergency, and adopted rules from the February 3 edition of the Texas Register.
Environment
TEXAS RAILROAD COMMISSION
Adopted Rules
- REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)-16 TAC §13.1, §13.3, 16 TAC §§13.25, 13.33, 13.40, 16 TAC §§13.61, 13.63, 13.68 – 13.70, 16 TAC §13.91, §13.93, 16 TAC §13.203, 16 TAC §13.301– The Commission adopts the amendments and new rules to incorporate provisions of SB 1582 enacted during the 87th Texas Legislative Session and to make additional clarifying changes. The effective date of adoption is February 7, 2023.
- REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)- 16 TAC §§14.2004, 14.2007, 14.2014, 14.2016, 14.2019, 14.2040, 14.2043, 14.2050, 14.2053, 16 TAC §14.2101, 16 TAC §14.2637
16 TAC §§14.2704, 14.2707, 14.2710, 14.2725, 16 TAC §14.2801– The Commission adopts the amendments and new rules to incorporate provisions of SB 1582 enacted during the 87th Texas Legislative Session and to make additional clarifying changes. The effective date of adoption is February 7, 2023.
Health Care
TEXAS HEALTH AND HUMAN SERVICES (provider operations/oversight)
Emergency Rules
- COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING-26 TAC §500.4– This rule is adopted on an emergency basis concerning an emergency rule in response to COVID-19 to permit a licensed hospital to participate in the Centers for Medicare & Medicaid Services Acute Hospital Care at Home Program to expand hospital capacity in response to the COVID-19 pandemic. This rule goes into effect on January 29, 2023, and Expires May 28, 2023.
Adopted Rules
- MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY-1 TAC §§371.212, 371.214, 371.216, 1 TAC §§371.212, 371.214, 371.216, 371.218, 371.220, 371.222, 371.224, 371.226, 371.228, 371.230– The purpose of the repeals and new rules is to update procedures, modernize language, remove unnecessary or duplicative language, and add the option for desk reviews. The effective date of adoption is February 9, 2023.
- PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS- 1 TAC §392.703– The new adopted rules concern Unsolicited Proposals for Community-Based Care Services. The adoption is necessary to comply with SB 1896, 87th Legislature, which amended Texas Family Code §264.157 to require DFPS to accept and evaluate unsolicited proposals from entities based in this state to provide community-based care services in geographic areas where DFPS has not implemented community-based care. The effective date of adoption is February 9, 2023.
- BEHAVIORAL HEALTH PROGRAMS-26 TAC §§307.155, 307.157, 307.159, 307.163, 307.165, 307.167, 307.169, 307.175, 26 TAC §307.157, §307.159– The adopted rules implement SB 49, 87th Legislature, which amended Texas Code of Criminal Procedure Article 46B relating to when competency restoration services begin and when an extension of the initial restoration period begins. The adopted amendments also clarify statutory requirements and language for consistency and understanding, reorder requirements in the order in which processes occur, and update and add cross references. The effective date of adoption is February 9, 2023.
Other
COMPTROLLER OF PUBLIC ACCOUNTS
Proposed Rules
- STATEWIDE PROCUREMENT AND SUPPORT SERVICES – HISTORICALLY UNDERUTILIZED BUSINESSES 34 TAC §§20.281 – 20.294, 20.297, 20.298– The purposed rules offer amendments concerning policy, purpose, definitions, evaluation of active participation in the control, operation, management of entities, statewide annual HUB utilization goals, subcontracts, state agency planning responsibilities, state agency reporting requirements, the certification process, protests, recertification, revocation, certification and compliance reviews, Texas historically underutilized business certification directory, graduation procedures, HUB forum programs in state agencies, and mentor-protégé program. A public hearing will be held to receive comments on the proposed amendment on Tuesday, February 21, 2023 at 10:00 a.m. and public comment may be submitted up to 30 days from February 3. The earliest possible date of adoption is March 5, 2023.