Print 🖨

Below are the proposed and adopted rules from the July 19 edition of the Texas Register.

Proposed

Environment

Texas Commission on Environmental Quality

  • Control of Air Pollution from Volatile Organic Compounds – The TCEQ proposes amendments to address federal Clean Air Act (FCAA) contingency measure requirements for the Dallas-Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) 2008 ozone NAAQS nonattainment areas. Effective November 7, 2022, the EPA reclassified these areas from serious to severe nonattainment, triggering emission control evaluation, emission reduction quantification, rule writing, and SIP submission requirements. The proposed revisions aim to correct previous omissions and inaccuracies in VOC content limits for industrial adhesives to achieve the intended emissions reductions of 3.31 tpd in DFW and 3.12 tpd in HGB. The amendments include new and revised VOC content limits based on SCAQMD Rule 1168, adjustments to applicability and definitions, updates to exemptions, and revised control requirements. These measures will apply independently to the DFW and HGB areas and will be triggered upon EPA and TCEQ notifications. Compliance with these amendments is required within 270 days of publication in the Texas Register. The proposed rulemaking ensures no negative impact on the state’s progress towards NAAQS attainment or reasonable further progress. A virtual public hearing is scheduled for July 25, 2024, and written comments may be submitted until July 29, 2024.

Education

Texas Education Agency

  • Adaptations for Special Populations – The TEA proposes amendments to align state regulations with federal law and state statutes, specifically SB 133, 88(R). The amendments update cross references and terminology for special education eligibility, ensuring compliance with updated graduation requirements. New restrictions/outlines include: the use of restraint and time-out procedures, prohibiting the use of chemical sprays or tasers on students in Grade 5 or below unless there is a serious risk of harm, and mandates the development of new communications with stakeholders. The amendments clarify graduation requirements, including the conditions under which students with disabilities may graduate, the criteria for terminating special education services, and the issuance of certificates of attendance for students who reach maximum age eligibility but do not meet graduation requirements. Public comments are invited until August 19, 2024, with virtual public hearings scheduled for July 30 and 31, 2024.

Healthcare

Health and Human Services

  • Coordinated Planning and Delivery of Health and Human Services – The HHSC proposes an amendment concerning the State Medicaid Managed Care Advisory Committee (SMMCAC). The purpose of the proposal is to extend the SMMCAC and align the rule with HHSC advisory committee rule standards. The SMMCAC, re-established in 2016 to consider managed care issues and make recommendations to HHSC, is currently set to abolish on December 31, 2024. The proposed rule amendment changes the SMMCAC abolish date to December 31, 2028, allowing the committee to continue providing recommendations and ongoing input to HHSC on Medicaid managed care programs for an additional four years. Additionally, the rule amendment restructures membership subcategories to increase representation for youth and adult populations and adds a new membership subcategory for persons transitioning from children to adult Medicaid managed care programs. The amendment also aligns with HHSC standards by including a subsection on travel reimbursement for eligible SMMCAC members. Public comments are accepted until 31 days after the Texas Register publication.
  • Medicaid Managed Care – HHSC proposes an amendment concerning Special Disease Management for Health Care MCOs, implementing HB 2658, 87(R). The purpose of the proposal is to address low active participation rates in special disease management programs by requiring MCOs to identify reasons for low participation and develop approaches to increase active participation for high-risk members. The amendment includes new definitions for “active participation” and “high-risk member” and requires MCOs to implement mechanisms to identify and address low participation rates. The proposal also includes editorial changes for improved readability. Public comments are accepted until 31 days after the Texas Register publication.
    • (Subchapter O) Delivery System and Provider Payment Initiatives – HHSC proposes an amendment concerning Quality Metrics for the Texas Incentives for Physicians and Professional Services (TIPPS) Program. The purpose of the proposal is to amend the quality reporting necessary for the pay-for-performance component of the TIPPS financial rule, effective January 28, 2024. The amendment aligns the TIPPS quality rule with other directed payment programs (DPPs) by making non substantive changes, specifying performance requirements, and providing for the public comment period on proposed metrics and performance requirements. Public comments are accepted until 31 days after the Texas Register publication.
  • Freestanding Emergency Medical Care Facilities​​ – The HHSC proposes an amendment concerning Emergency Services, implementing SB 1402, 88(R). This amendment requires freestanding emergency medical care facilities to comply with new forensic medical examination training and sexual assault response training requirements. Specifically mandates at least two hours of basic forensic evidence collection training for personnel performing forensic medical exams on sexual assault survivors and requires at least one hour of basic sexual assault response training for certain facility employees. The proposed amendment adds these training requirements and corrects terminology for consistency. Public comments are accepted until 31 days after the Texas Register publication.
  • Limited Services Rural Hospitals & Psychiatric Hospitals – HHSC proposes an amendment concerning Discharge Planning, to implement SB 186 88(R). The proposed amendment requires limited services rural hospitals & psychiatric hospitals to comply with new discharge requirements, which prohibits discharging patients to unlicensed group-centered facilities, except under certain conditions. This ensures adherence to the updated legal standards for patient discharge. Public comments are accepted until 31 days after the Texas Register publication.
  • Standards of Care and Treatment in Psychiatric Hospitals – HHSC proposes amendments concerning Voluntary Admission, and concerning Responding to a Psychiatric Emergency, to implement SB 26, 88(R). The amendment ensures that private psychiatric hospitals can only admit patients voluntarily if there is available space. New requirements for administering emergency psychoactive medication, includes training, monitoring, and evaluation protocols for staff. These changes aim to increase consistency with federal CMS standards and enhance patient safety. Fiscal analysis shows an expected fiscal impact on local government-operated psychiatric hospitals. Public comments are accepted until 31 days after the Texas Register publication.
  • Minimum Standards for General Residential Operations – HHSC proposes an amendment, which concerns the reporting and documenting of serious incidents involving a child in care. This amendment is necessary to implement HB 4696, 88(R), specifying that HHSC is responsible for investigating allegations of abuse, neglect, or exploitation of elderly adults or adults with disabilities residing in residential child-care facilities. The proposed changes clarify that incidents involving allegations of abuse, neglect, or exploitation must be reported to the Texas Abuse and Neglect Hotline and law enforcement if there is a fatality. Public comments are accepted until 31 days after the Texas Register publication.
  • Minimum Standards for Child-Placing Agencies – The HHSC proposes an amendment which addresses when a child-placing agency must report and document serious incidents. The amendment is required to align with HB 4696, 88(R). This bill amends the Texas Health and Safety Code and Texas Human Resources Code to transfer the responsibility of investigating allegations of abuse, neglect, or exploitation of elderly adults or adults with disabilities in residential child-care facilities from the Department of Family and Protective Services to HHSC. The changes ensure that incidents must be reported to the Texas Abuse and Neglect Hotline and, if there is a fatality, to law enforcement. Public comments are accepted until 31 days after the Texas Register publication.

Department of State Health Services

  • Hospital Licensing – The HHSC proposes an amendment concerning Miscellaneous Policies and Protocols, implementing SB 186, 88(R) and SB 1402, 88(R). SB 186 introduces new discharge protocols, preventing hospitals from discharging patients to unlicensed group-centered facilities, with exceptions under specific conditions. SB 1402 requires basic forensic evidence collection training for personnel performing forensic medical exams on sexual assault survivors and mandating basic sexual assault response training for certain hospital employees. Fiscal analysis indicates no significant impact on state or local government costs or revenues. Public comments are accepted until 31 days after the Texas Register publication.
  • Health Professions Regulation – HHSC proposes to repeal and introduces a new section code regarding the licensing of military service members, military spouses, and military veterans. This proposal aligns with SB 422, 88(R), updating the recognition of out-of-state licenses for military professionals, including licensed chemical dependency counselors. The new rule ensures consistency with existing HHSC rules, reorganizes language, and clarifies definitions and licensing processes for military-affiliated applicants. Public comments are accepted until 31 days after the Texas Register publication.
  • Food and Drug – HHSC, on behalf of the DSHS, proposes a new subchapter concerning the labeling of analogue products, as mandated by Senate Bill 664, 88(R). This subchapter defines key terms related to analogue food products and establishes clear labeling requirements to ensure consumers are informed about the contents of products resembling meat, poultry, eggs, or fish. The rules aim to enhance transparency and consumer protection by specifying labeling standards for analogue products. Public comments are accepted until 31 days after the Texas Register publication.
  • Radiation Control – HHSC proposes an amendment concerning the licensing of radioactive material, to ensure Texas remains compliant with the S. Nuclear Regulatory Commission (NRC) requirements. The amendment updates training requirements, documentation processes, and compliance standards for radioactive material handling and distribution. Key changes include updates to NRC reference materials, clarification of Radiation Safety Officer qualifications, and streamlined reporting and record-keeping procedures. Public comments are accepted until 31 days after the Texas Register publication.

Adopted

Healthcare 

Department of Health Services

  • Texas Asbestos Health Protection – The HHSC, on the DSHS, adopts the repeal concerning License and Registration Provisions Related to Military Service Members, Military Veterans, and Military Spouses. The repeal is necessary due to the implementation of SB 422, 88(R), which extends occupational reciprocity to military service members. DSHS has implemented this bill by adopting amendments concerning the recognition of out-of-state licenses for military service members and new code concerning alternative licensing for military service members, military spouses, and military veterans. As a result, the only rule in Subchapter H is no longer required and has been repealed. During the 31-day comment period, DSHS did not receive any comments regarding the proposed repeal. The repeal is authorized under Texas Government Code and Texas Health and Safety Code. The repeal was filed with the Office of the Secretary of State on July 3, 2024, and became effective on July 23, 2024. For further information, please call (512) 834-6787.

Education

Texas Education Agency

  • Parental Rights Regarding Adult Students – The amendment removes references to an outdated school year and establishes parental rights regarding adult students, clarifying when and how these rights transfer.
  • Extended School Year Services – The amendment clarifies the documentation required for extended school year (ESY) services, specifying that assessments, rather than formal evaluations, are necessary. It also updates the language related to individualized education program (IEP) goals and objectives to focus on areas where the student previously demonstrated progress. Additional changes ensure the ARD committee considers ESY services at the student’s annual IEP review, and outlines procedures if a student needs ESY services after the review. A new provision requires the new district to fulfill ESY services for students who move during the summer.
  • Education Service Center Regional Special Education Leadership – The amendment removes guidelines already established in statute or program guidelines, ensuring staff qualifications for education service center personnel are adequately covered.
    • The amendments are adopted under the authority of the Texas Education Code (as well as federal regulations. The effective date of these amendments is July 23, 2024. Public comments were summarized and responded to, clarifying that the term “assessments” is appropriate and that certification requirements for special education leadership are already covered by grant guidelines. For further information, please call (512) 475-1497.

Telecommunications

Comptroller of Public Accounts 

  • Broadband Pole Replacement Program – The Comptroller of Public Accounts adopts amendments to the Broadband Pole Replacement Program to comply with recent legislation establishing the broadband pole replacement fund. The changes include new definitions, clarifications on grant fund notices, and updates to eligibility requirements. The amendments prioritize broadband deployment to rural areas, requiring grant recipients to negotiate terms before receiving reimbursement. The payment timeline for grants now begins after the award notice is issued. Statutory references have been updated to reflect recent legislative changes. Stakeholder feedback led to the withdrawal of proposed definitions for “eligible county” and “rural county,” focusing instead on prioritizing applications based on rurality without disqualifying any based on a threshold. These amendments take effect on July 28, 2024.