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Below is a spotlight on the adopted, proposed, and withdrawn rules from the May 10 and May 17 editions of the Texas Register.

Energy

Public Utility Commission of Texas

Proposed

  • Substantive Rules Applicable to Water and Sewer Service Providers 16 TAC 21 – The Public Utility Commission of Texas proposes amendments to sections in Chapter 24 of 16 TAC concerning the CCN application process and related procedures within the jurisdiction of the PUC. The proposed amendments implement HB 4559 88 (R) and alter the country population threshold ranges for CCN applications, particularly within municipal boundaries and extraterritorial jurisdictions. Additionally, the proposed rules include minor adjustments for clarity and specify response time periods for submissions by prospective retail public utilities or former CCN holders after the PUC issues an order granting CCN revocation, decertification, expedited release, or streamlined expedited release. It has been determined that for the first five -year period the proposed rules are in effect, there will be no fiscal implications for the state or for units of local government. The comment period is open and the deadline to submit comments is May 30th.

Adopted

  • Procedural Rules 16 TAC 22 – The Public Utility Commission of Texas adopts Chapter 22 of 16 TAC to facilitate the implementation of PURA, as amended by SB 1076 88(R), reducing the time France for the commission to approve new transmission facility certificates of convenience and necessity to 180 days. It changes the intervention deadline from 45 days to 30 days after the date an application is filed in a proceeding involving an application for a CCN, streamlining the process. It also includes minor clerical and grammatical adjustments to enhance clarity and accuracy. The commission received comments from the LCRA, Oncor, and OPUC. OPUC opposed the proposed change, arguing that reducing the intervention deadline would undermine the ability of affected persons and stakeholders to intervene effectively while Oncor and LCRA supported the change, asserting that it provided essential clarity and is necessary to facilitate CCN applications within the 180-day statutory timeline mandated by SB 1076. The commission declined to modify the rule as recommended by OPUC and the amended rule was adopted.
  • Substantive Rules Applicable to Electric Service Providers 16 TAC 25 – The commission adopts Chapter 25 of 16 TAC, partially implementing PURA as revised by HB 1500 88(R), increasing the authorized penalty for violations related to market power abuse regulations and non-adherence to an applicable voluntary mitigation plan to be up to $1,000,000 per violation per day. The amended rule also aligns violation definitions across classifications, consolidates violation descriptions, and introduces a new description for “special violations.” Ultimately, the adopted rule aims at enhancing penalty authorization and alignment within the Classification System for Violations of Statutes, Rules, and Orders Applicable to Electric Service Providers in accordance with legislative revisions. The commission received comments from the Steering Committee of Cities served by Oncor and TCAP who both expressed support for the proposed rule, specifically endorsing the application of the $1,000,000 penalty authority to VMP violations which effectively prevents market abuse. The amended rule was adopted under various provisions of the PURA.

Healthcare

Department of State Health Services

Proposed

  • Hospital Licensing 26 TAC 133 – HHSC proposes the repeal of sections in Chapter 133 to update the inspection and complaint investigation process, and revise enforcement procedures to ensure accuracy with current practices for general and special hospitals. These updates will hold hospitals accountable during the inspection and investigation processes and ensure hospitals provide necessary documentation in a timely manner to HHSC representatives. The proposal also corrects outdated language and contact information and reflects the transition of regulatory authority for hospitals from the Department of State Health Services to HHSC. The proposal implements HB 49 88(R) which makes certain information related to hospital investigations subject to disclosure. The public benefit will be greater clarity, consistency, and accountability in the inspection and investigation of hospitals. The comment period is open, and to be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register.
  • Ambulatory Surgical Centers 26 TAC 135 – HHSC proposes the repeal of sections in Chapter 135 to update the inspection and complaint investigation process, and revise enforcement procedures to ensure accuracy with current practices for ASCs. These updates will hold ASCs accountable during the inspection and investigation processes and ensure they provide necessary documentation in a timely manner to HHSC representatives. It also ensures consistent practices across HHSC Health Care Regulation rulesets, corrects outdated language and contact information, and reflects the transition of regulatory authority for ASCs from the Department of State Health Services to HHSC. The public benefit will be greater clarity, consistency, and accountability in the inspection and investigation of ASCs, and there are no anticipated economic costs to people who comply with the rules. The comment period is open, and to be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register.
  • Special Care Facilities 26 TAC 506 – HHSC proposes the repeal of sections in Chapter 135 to update the inspection and complaint investigation process, and revise enforcement procedures to ensure accuracy with current practices for special care facilities. These updates will hold special care facilities accountable during the inspection and investigation processes and ensure they provide necessary documentation in a timely manner to HHSC representatives. It also ensures consistent practices across HHSC Health Care Regulation rulesets, corrects outdated language and contact information, and reflects the transition of regulatory authority for special care facilities from the Department of State Health Services to HHSC. The public benefit will be greater clarity, consistency, and accountability in the inspection and investigation of ASCs, and there are no anticipated economic costs to people who comply with the rules. The comment period is open, and to be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register.
  • Private Psychiatric Hospitals and Crisis Stabilization Units 26 TAC 510 – HHSC proposes amendments to sections in Chapter 510 to correct cross-references through 26 TAC 510 after the rules were administratively transferred from 25 TAC 134 to 26 TAC 510. The proposed rules will maintain accurate references to 25 TAC and 26 TAC, will correct outdated citations and references to programs that no longer exist, will update language to reflect current HHSC organization, and will increase consistency with statute, HHSC rules, and rulemaking guidelines. It has been determined that for each year of the first five years that the rules will be in effect, there are foreseeable implications relating to costs or revenues of state and local governments and the public benefits will be accurate and up to date language and consistency between existing statutes and HHSC rules. The comment period is open, and to be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register.

Department of State Health Services

Withdrawn

Texas Health and Human Services Commission

Adopted

  • Women’s Health Services 1 TAC 382 – HHSC adopts amendments to sections in Chapter 382 of1 TAC to ensure compliance with federal and state regulations, expand services provided under the Healthy Texas Women program, and make necessary updates and clarifications to program guidelines. The primary purpose of the adopted rules is to update eligibility and other Medicaid requirements within the HTW program, ensuring it meets federal Medicaid guidelines. The adopted rules ensure compliance with SB 750 86(R) and the Family Planning Program and provide further clarity and understanding of the rules. The public comment period opened on March 8th, 2024, and ended April 8th, 2024. Key points from the comment period include support for including HTW Plus, updating the income eligibility requirements, automatically testing Medicaid of CHIP clients for HTW eligibility, requiring HTW providers to refer women to other HHSC programs such as the Primary Health Care Services Program, and allowing coverage of emergency contraception in both HTW and FPP.

Department of State Health Services

Adopted

  • Food and Drug 25 TAC 229 – HHSC, on behalf of the DSHS, adopts amendments to subchapters in Chapter 229 of 25 TAC relating to Permitting Retail Food Establishments and Inspection Fees for Retail Food Establishments. The changes are necessary because the FDA updated its Food Code in 2017, which Texas adopted by reference in 2021. The amendments update definitions, citations, and clarify rule langue to algin with the 2017 Food Code and references to “childcare center” are removed because the responsibility for permitting and inspecting food service operations in childcare centers shifted to the HHSC Regulatory Services Division. The 31-day comment period ended February 19, 2024, and one comment from NETPHD was received, requesting a comment on the impact that changing the definition of “nonprofit organization” has on local jurisdictions. DSHS acknowledged their concern and removed the proposed amendment for that section.

Education

Texas Education Agency

Adopted

  • Planning and Accountability 19 TAC 97 – TEA adopts amendment to Chapter 97 of 19 TAC concerning the accountability rating system. The adopted rule details the indicators, standards, and procedures used to determine accountability ratings for districts, campuses, and charter schools, as well as distinctions designations and RDA performance levels. The adopted rule gives a chapter-by-chapter summary of changes for the 2024 Accountability Manual. The public comment period opened on February 23, 2024, and ended March 25, 2024. The key points include concerns about the high standards for accelerated testers’ mastery levels and the equivalency of ACT/SAT [proficiency score to high school coursework, the lack of recognition of Algebra I, and the need to review completer methodology for special student populations. Requests were made such as the addition of CLEP tests as the stand-alone measure for greater postsecondary success and for AEA/DRS to have their own system for distinction designations and badges. Suggestions to acknowledge each campus’s strengths in district rating and to release preliminary or near-final accountability manuals earlier in the year were also made among others.
  • Accelerated Instruction 19 TAC 104 – TEA adopts an amendment to Chapter 104 concerning accelerated instruction, modified teacher assignment, and accelerated learning committees, implementing HB 1416 88(R). It establishes the provision of accelerated instruction and related supports for students who have failed to perform satisfactorily on assessments required under the TEC. Key modifications include adjusting certain terminology, modifying requirements for accelerated instruction, clarifying the inability of schools to excuse students from receiving accelerated instruction, specifying hours of instruction based on student performance, and removing requirements for accelerated learning committees. The public comment period on the proposal began February 16, 2024, and ended March 18, 2024. Key points from the comment period include the language editing suggestions proposed by the TCTA, TPCSA, and Texas 2036, the rejected proposals to allow selection of automated instructional methods for supplemental instruction and the creation of accelerated instruction waiver criteria to monitor discrepancies, and the request for clarification regarding approval criteria and credit recovery. The amendment defines and outlines the requirements for accelerated instruction.
  • Hearings and Appeals 19 TAC 157 – SBOE adopts an amendment to Chapter 157 concerning certification criteria for independent hearing examiners, reducing the length of time than an attorney must be licensed and engaged in full-time practice to be eligible to serve as an independent hearing examiner and expanding the experience requirements to include family law, criminal law, and personal injury law. The adoption of this amendment will allow more attorneys to qualify as hearing examiners which is important because in some states there is not enough. The public comment period on the proposal began March 1, 2024, and ended at 5:00 p.m. on April 1, 2024, and no public comments were received.

State Board for Educator Certification

Adopted

  • Requirements for Educator Preparation Programs 19 TAC 228 – SBEC adopts the repeal of sections in Chapter 228 of 19 TAC concerning requirements for educator preparation programs, reorganizing the chapter to allow for improved readability, implementing legislation, including technical updates to remove outdated provisions, and reflecting stakeholder feedback to further strengthen the rules. The adoption of these repeals was driven by goals to reorganize the chapter to support enhanced organization and readability, codify foundational components of the SBEC’s Educator Preparation Framework, and create a residency preparation route. The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. Key points from the comment period include concerns about the cost and equity of the residency pathway and both opposition and support for proposed changes in Chapter 228.
  • Professional Educator Preparation and Certification 19 TAC 230 – SBEC adopts amendments to sections in Chapter 230 of 19 TAC concerning professional educator preparation and certification, including the redefining of “pilot exam,” specifying timelines for using passing scores on certification exams, decreasing the time to request a test limit waiver, updating certification exam requirements, and establishing an Enhanced Standard certificate and associated fees for the teacher residency preparation route. This amendment implements HB 2256 87 (R). The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. Key points from the comment period include support for exam instrument choice, Educate Texas’s emphasis on hands-on training, concerns about the residency certificate and funding challenges, and opposition to the removal of the classroom teaching requirement.
  • Categories of Classroom Teaching Certificates 19 TAC 233 – SBEC adopts amendments to sections in Chapter 233 of 19 TAC concerning categories of classroom teaching certificates, adding five new core subjects-related certificates and adding a new Bilingual Special Education Supplemental certificate. These establish separate certificate categories within the certificate class for the classroom teacher, identifying the content area or special population the holder may teach, the grade levels they may teach, and the earliest date the certificate may be issued. The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. No public comments were received on the proposal.
  • Student Services Certificates 19 TAC 239 – SBEC adopts amendments to sections in Chapter 239 of 19 TAC concerning requirements for the issuance of the standard school counselor certificate, implementing the statutory requirement of SB 798 88 (R) and removing the requirements that an individual must have two years of classroom teaching experience to receive a school counselor certificate. Chapter 239 establishes requirements for minimum admission, preparation standards, certificate issuance, renewal, and transition and implementation fates for the school counselor certificate, ensuring that educators are qualified and professionally prepared to instruct students. The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. Key points from the comment period include both support opposition to the removal of the teaching requirements and a request for a mentorship requirement.

Environment

Texas Commission on Environmental Quality

Adopted

  • Control of Air Pollution form Volatile Organic Compounds 30 TAC 115 – TCEQ adopts amendments to sections in Chapter 115 of TAC 30 including updates, repeals, and additions that aim to improve clarity, consistency, and conformity with current standards. All amended sections, including the repealed and new section, will be submitted to the EPA as revisions to the SIP. The amendments particularly address nonattainment areas for ozone levels in Bexar County, the DFQW area, and the HGB area. They include updates to meet the requirements of the FCAA and reasonable further progress SIP revisions. The adopted rules aim to reduce VOC emissions through the implementation of control measures and contingency plans while also clarifying and updating the rules to align with federal guidelines and address oversight issues in previous regulations. The adopted rule gives a detailed and extensive list of requirements and guidelines that necessitate compliance under this chapter. The comment period opened on December 1, 2023, and ended on January 16, 2024. The commission received comments from Baker Botts, EPA, NCTCOG, and TPA. Two commenters were in support of the proposed rulemaking, two were against parts of the proposed rulemaking, and five commenters provided suggested changes.
  • Control of Air Pollution from Nitrogen Compounds 30 TAC 117 – TCEQ adopts new sections in Chapter 117, implementing the 1990 FCAA and focusing on the requirement to establish National Ambient Air Quality Standards to protect public health. States are required to submit State Implementation Plans to ensure attainment and maintenance of these standards. The EPA defines RACT to control emissions from major sources, VOC and NOX. In Bexar County, the plan aims to meet RACT requirements by identifying major sources emitting at least 100 tons per year of Now and implementing appropriate control measures. In DFW, the threshold for major sources is lowered to 25 tons per year of NOX, extending RACT implementation to more sources. These amendments will not compromise Texas’s progress in meeting NAAQS standards, as the adopted measures maintain emission limits and monitoring requirements, ensuring no regression from current standards. The adopted rulemaking does not qualify as a major environmental rule and therefore does not require a regulatory impact analysis. The comment period was open between December 1, 2023, and January 16, 2024. The commission received comments from CPS Energy, EPA, Sierra Club, and Baker Botts. The comments expressed support for the proposal, provided suggested changes to the rules, including changes to the notification and reporting requirements, changes to the system cap for electric generation sources for shutdown units, and changes to the RACT limits for certain sources.