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Below is a spotlight on the proposed, withdrawn, and adopted rules from the June 2, June 9, June 16, June 23, June 30, and July 7 editions of the Texas Register.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. TEA had one comment from the Texas Classroom Teachers Association (TCTA) who commented that they object to changes to §102.1313 in which a board’s intention to vote on renewal of a local innovation plan is not required. The agency did not make changes. 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 agency made numerous changes from the proposed rules based on over a dozen comments they received. 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 agency received a few comments but did not change the proposed rules. 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

 

Health Care

HEALTH AND HUMAN SERVICES COMMISSION

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

  • REIMBURSEMENT RATES – 1 TAC §355.8065, §355.8066, 1 TAC §355.8212 – The adopted amendments address modifications to the Disproportionate Share Hospital (DSH) program and Uncompensated Care (UC) program. These modifications come after the Delivery System Reform Incentive Payment (DSRIP) Transition. The agency received comments from 55 organizations and one individual, and many changes were made to the proposed rules. The amendments follow this framework:
    • no financial harm to state entities;
    • maintain or increase payments to Rural Hospitals, if possible;
    • limit the potential for recoupments of funds at the time of audit or reconciliation;
    • ensure compliance with federal laws and regulations and state laws;
    • sustainability of program structures, if federal reductions to DSH are ever implemented;
    • increase clarity of the regulations;
    • increase transparency of the existing administrative practices; and
    • sustain long term stability in the financing of the programs.
  • IDD-BH CONTRACTOR ADMINISTRATIVE FUNCTIONS – 26 TAC §301.327 – The adopted rule allows staff members trained in crisis screening to conduct the crisis calls in addition to staff members who are credentialed as a Qualified Mental Health Professional-Community Services (QMHP-CS). This allows LMHAs, LBHAs, and their subcontractors to broaden recruiting and applicant pools thereby potentially reducing call wait times and answering more calls within the required timeframe. HHSC received no comments and made no changes to the proposed rules. The effective date of adoption is July 3, 2023.
  • HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS – 26 TAC §565.2, §565.3, 26 TAC §565.5, 26 TAC §565.7, §565.9, 26 TAC §§565.11, 565.13, 565.15, 565.17, 565.19, 565.21, 26 TAC §§565.23, 565.25, 565.27, 565.29, 565.31, 565.33, 565.35, 565.37, 565.39, 26 TAC §§565.41, 565.43, 565.47, 565.49 – The adopted amendments describe the regulatory certification standards for HCS Medicaid waiver program providers. These standards include service delivery, rights of individuals, requirements related to abuse, neglect, and exploitation, etc. HHSC received 57 comments from three commenters and made various changes to the proposed rules. The effective date of adoption for Chapter 565 is June 21, 2023, and for Chapter 748 is August 9, 2023.
  • MEDICAID MANAGED CARE – 1 TAC §353.1501 – 353.1506 – The amendments to the rules are necessary to implement HB 4 (2021 regular session). They establish policies and procedures that allow a Medicaid managed care organization (MCO) to conduct assessments and provide care coordination services using telecommunications and information technology (IT), to the extent permitted by federal law. HHSC received comments from eleven commenters and made various changes to the proposed rules. The effective date of adoption is June 8, 2023.

 

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. DSHS received comments from 35 commenters and made multiple changes to the proposed rules. The effective date of adoption is June 22, 2023.
  • MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS – 25 TAC §300.104 – The adopted amendment to §300.104 removes the prohibition of “distribution” and “retail sale” of hemp products for smoking. There were no comments received and no changes to the proposed rules. The effective date of adoption is July 5, 2023.

 

Environment

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Proposed Rules

Adopted Rules

  • ADVISORY COMMITTEES AND GROUPS – 30 TAC §5.3, §5.15 – The adopted amendments relate to establishing in rule the date on which an advisory committee is abolished. TCEQ received comments from Harris County Pollution Control Services, but they made no changes to the proposed rules. The effective date of adoption is July 6, 2023.
  • ON-SITE SEWAGE FACILITIES – 30 TAC §§285.2, 285.3, 285.7, 30 TAC §§285.32 – 285.34, 285.38, 30 TAC §285.64, 30 TAC §285.91 – House Bill (HB) 1680 87th Legislature, 2021, allows leased portions of federal properties to be considered separately for the purposes of the implementation of TAC. HB 1680 does not require rulemaking; however, the ED has determined that implementing the bill language through rulemaking will clarify the requirements. A few comments were received, and changes were made from the proposed rules to Table II (Septic Tank and Aerobic Treatment Unit Sizing) and Table X (Minimum Required Separation Distances for On-Site Sewage Facilities). The effective date of adoption is July 6, 2023.

RAILROAD COMMISSION

Proposed Rules

  • CARBON DIOXIDE (CO2) – 16 TAC §5.102, 16 TAC §§5.201, 5.203 – 5.207 – The proposed amendments support the Railroad Commission’s application to EPA for enforcement primacy for the federal Class VI Underground Injection Control (UIC) program by ensuring the rules are as stringent as the requirements of the EPA. This is in response to increased interest in carbon capture and geologic sequestration. Public comment period ends 5:00 p.m. on July 31, 2023, and the earliest possible date of adoption is July 30, 2023.

 

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.

Adopted Rules

  • WILDLIFE – 31 TAC §§65.82, 65.85, 65.88 – The adopted amendments function collectively to refine surveillance efforts as part of the agency’s effort to manage chronic wasting disease (CWD). 16 comments were received in support of adopting the amendments, but no changes were made. The effective date of adoption is July 4, 2023.