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Below is a spotlight on the proposed, withdrawn, and adopted rules from the June 2, June 9, June 16, and June 23 editions of the Texas Register.

Education

TEXAS EDUCATION AGENCY

Proposed Rules

  • STUDENT ATTENDANCE – 19 TAC §129.1025  – The proposed amendment would adopt the 2023-2024 Student Attendance Accounting Handbook which provides student attendance accounting rules for school districts and charter schools. The handbook is updated every year. Public comment period begins June 16, 2023 through July 16, 2023 and the earliest possible date of adoption is July 16, 2023
  • Health and Safety – 19 TAC §103.1209, §103.1211 – The proposed amendments pertain to mandatory school drills and active threat exercises. They reorganize definitions and provide clarifications in §103.1209 and add requirements for certain active threat exercises in §103.1211. Public comment period begins June 23, 2023 through July 24, 2023 and the earliest possible date of adoption is July 23, 2023

Adopted Rules

  • EDUCATIONAL PROGRAMS – 19 TAC §102.1303, §102.1313 – The adopted amendments modify the requirements for renewal of a local innovation plan. The effective date of adoption is June 20, 2023.
  • BUDGETING, ACCOUNTING, AND AUDITING – 19 TAC 109.1001  – The adopted amendments address requirements made by HB 1525 (2021 regular session). They update financial accountability rating information and rating worksheets for school districts and open-enrollment charter schools. The rule also specifies the minimum financial accountability rating information that these schools must report to parents and taxpayers in the district. The effective date of adoption is June 6, 2023.
  • CURRICULUM REQUIREMENTS – 19 TAC §74.5  – The adopted amendment addresses SB 1888 (2021 regular session) which established the Texas First Early High School Completion Program. It adds a new requirement that a student who earns a diploma through program must have successful completion of the program indicated on the academic achievement record, or transcript. The effective date of adoption is June 15, 2023.

STATE BOARD FOR EDUCATOR CERTIFICATION

Proposed Rules

  • REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS –  The proposed amendments would incorporate courses approved by the State Board of Education (SBOE), add certificate areas to the list of credentials appropriate for placement into an assignment, and incorporate technical edits where needed to improve readability and align citations. Public comment period begins June 2, 2023 through July 3, 2023 and the earliest possible date of adoption is July 2, 2023.

TEACHER RETIREMENT SYSTEM OF TEXAS

Proposed Rules

  • MEMBERSHIP CREDIT – 34 TAC §25.162, 34 TAC §25.302, §25.303  – The proposed amendments incorporate new actuarial tables used to calculate the cost of a service credit or compensation credit purchase. Public comment period begins June 9, 2023 through July 9, 2023, and the earliest possible date of adoption is July 9, 2023.
  • BENEFITS – 34 TAC §29.11, §29.21, 34 TAC §29.71  – The proposed amendments incorporate new actuarial tables used to calculate the retirement benefits of TRS retirees based on various retirement selections. Public comment period begins June 9, 2023 through July 9, 2023, and the earliest possible date of adoption is July 9, 2023.
  • QUALIFIED DOMESTIC RELATIONS ORDERS – 34 TAC §47.17  – The proposed amendments incorporate new actuarial tables used to calculate distributions made to an alternate payee. Public comment period begins June 9, 2023 through July 9, 2023, and the earliest possible date of adoption is July 9, 2023.

Adopted Rules

  • MEMBERSHIP CREDIT – The amendments to the rules address an issue with SB 321 (87th session) related to service credit transfers between the Employees Retirement System of Texas (ERS) and TRS. The effective date of adoption is June 8, 2023.

Health Care

TEXAS HEALTH AND HUMAN SERVICES

Emergency Rules

  • COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING – 26 TAC §500.4   – The emergency rules renew a previous emergency rule to permit a licensed hospital to participate in the Centers for Medicare & Medicaid Services (CMS) Acute Hospital Care at Home Program to expand hospital capacity in response to the COVID-19 pandemic. The original effective date of adoption was Jan 29, 2023, and the expiration date is July 27, 2023.

Proposed Rules

Adopted Rules

DEPARTMENT OF STATE HEALTH SERVICES

Adopted Rules

  • HOSPITAL LICENSING – 25 TAC §§133.181  – 133.191  – The adopted amendments address the hospital level of care designations for neonatal care. SB 749 (2019 regular session) requires language specific to waiver agreements, telemedicine, and telehealth be integrated into the neonatal rules. The effective date of adoption is June 22, 2023.

Environment

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Proposed Rules

TEXAS ANIMAL HEALTH COMMISSION

Emergency Rules

  • CHRONIC WASTING DISEASE (CWD) – 31 TAC §65.81  – The emergency rules establish a new containment zone for Hunt and Kaufman counties in response to CWD in the area. The effective date of adoption is May 26, 2023 and the expiration date is Sep 22, 2023.

Proposed Rules

  • CHRONIC WASTING DISEASE – 4 TAC §40.6  – The proposed amendments would change the testing requirements for exotic CWD susceptible species and for native CWD susceptible species to increase surveillance of CWD. Public comment period begins June 2, 2023 through July 2, 2023 and the earliest possible date of adoption is July 2, 2023.