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Below is a spotlight on the adopted, proposed, and withdrawn rules from the May 24 edition of the Texas Register.

Education

Texas Education Agency

Proposed

  • School Districts 19 TAC 61 – TEA proposes an amendment to Chapter 61 of TAC 19 to implement SB 838 and HB 3 88(R) and clarify requirements for school safety to ensure a safe and secure environment in Texas public schools. The proposed amendment aims to clarify definitions, update requirements regarding door numbering, exterior door functionality, roof access, compliance with federal and state laws regarding emergency communication systems, and mapping of school campuses for emergency responders. It also reassigns responsibilities for certain safety initiatives, removes a requirement for video surveillance systems to trigger alerts, and removes temporary provisions set to expire. The amendment will have fiscal implications for local government but will benefit the public by ensuring that school districts and open-enrollment charter schools implement minimum school safety standards. The public comment period on the proposal is open and the deadline to submit concerns is June 24, 2024.
  • Planning and Accountability 19 TAC 91 – TEA proposes amendments to sections in Chapter 97 of TAC 19 that would establish that a superintendent appointed in conjunction with a board of managers assumer office immediately upon appointment and update cross references to statue and other administrative rules. Updates to references are necessary as some section titles have changed and some contents have been repealed and implemented into other sections. The proposed amendments will align with HB 3 86 (R) and SB 1488 85 (R). The public comment period on the proposal is open and the deadline to submit concerns is June 24, 2024.

Adopted

  • Assessment 19 TAC 101 – TEA adopts an amendment to Chapter 101 of 19 TAC concerning TAKS exit-level alternate assessments. Initially, the Texas Education Code allowed certain former students to use alternate assessments to fulfill graduation requirements instead of TAKS exit-level assessments, one such alternative being the STAAR test. In 2023, the STAAR Test underwent a redesign required by HB 3906 88(R) and HB 3261 87(R). The adopted amendment aims to update the performance standards for former students whose graduation assessments requirements were based on TAKS to align with the updated STAAR EOC assessments. Performance standards are being amended to ensure they reflect a comparable level of rigor to the performance standards previously established for TAKs exit-level assessments. The comment period ended on March 18, 2024, and one commenter expressed their belief that the proposed amendments should include the Texas Success Initiative Assessment. The agency disagreed.

Environment

Texas Commission on Environmental Quality

Proposed

  • Groundwater Availability Certifications for Platting 30 TAC 230 – TCEQ proposes amendments to sections in Chapter 230 of 30 TAC. The proposed amendment will implement SB 2240 88(R) which amended sections of the Local Government Code related to groundwater availability certification in the plat application and approval process of proposed subdivisions when groundwater serves as the primary water source. The proposed changes aim to align TCEQ rules with SB 2240 requirements, which involves removing applicability provisions and updating formats. The rulemaking does not meet the definition of a “major environmental rule” as it does not adversely affect the economy, productivity, competition, jobs, the environment, or the public health and safety of the state. The public comment period on the proposal is open and the deadline to submit concerns is June 25, 2024.
  • Applications Processing 30 TAC 281 – TCEQ proposes amendments and repeals to sections in Chapter 281 of 30 TAC in response to SB 1397 88(R), which requires the submission of an accurate duplicate of permit applications in electronic format under TWC. The purpose of the proposed rules is to reflect the commission’s current name and remove references to obsolete rule sections regarding prioritization procedures, introduce a new subsection requiring that electronic submission of permit applications is in line with B 1397, and repeal a subsection as the statutory basis for it has been repealed. The rulemaking does not meet the definition of a “major environmental rule” as it does not adversely affect the economy, productivity, competition, jobs, the environment, or the public health and safety of the state. The public comment period on the proposal is open and the deadline to submit concerns is June 25, 2024.
  • Waste Minimization and Recycling 30 TAC 328 – TCEQ proposes an amendment to sections in Chapter 328 of 30 TAC to implement HB 3060 88(R) which amended sections of the Texas Health Safety Code related to recycling and recycled products. The proposed amendment revises definitions to align with HB 3060’s amendments, incorporating updated references and excluding products sold as fuel from the definition of “recycled product.” Additionally, new sections are proposed to establish the purpose, definitions, and procedures for third-party certification systems for mass balance attribution as required by the amended Texas Health and Safety Code. The rulemaking does not meet the definition of a “major environmental rule” as it does not adversely affect the economy, productivity, competition, jobs, the environment, or the public health and safety of the state. The public comment period on the proposal is open and the deadline to submit concerns is June 25, 2024.
  • Municipal Solid Waste 30 TAC 330 – TCEQ proposes the amendment to various sections in Chapter 330 of 30 TAC to implement HB 3060 88(R) and SB 1397 88(R). The proposed rules aim to enforce the amendments to HB 3060 and SB 1397 to ensure that facilities primarily converting materials into beneficial products and disposing of waste are compliant and to reduce the number of paper applications required. The proposed rules also aim to make minor updates to rule citations, correct references, and align terminology with federal regulations. The rulemaking does not meet the definition of a “major environmental rule” as it does not adversely affect the economy, productivity, competition, jobs, the environment, or the public health and safety of the state. The public comment period on the proposal is open and the deadline to submit concerns is June 25, 2024.
  • Industrial Solid Waste and Hazardous Waste Management Fee Assessment 30 TAC 335 – TCEQ proposes to amend Chapter 335 of 30 TAC to update a reference. The correction to the citation is necessary because the conditional exemptions for hazardous waste generators were repealed and moved to a different section. The changes were made in response to the commission’s adoption of the federal Hazardous Waste Generator Improvements Rules which reorganized regulations found in 40 Code of Federal Regulations Part 262 and introduced the concept of “condition for exemption.”

Healthcare

Texas Health and Human Services Commission

Adopted

  • Medicaid Health Services 1 TAC 354 – HHSC adopts an amendment to Chapter 354 of 1 TAC to ensure compliance with HB 12 88(R). HB 12 requires HHSC to provide 12 months of postpartum Medicaid coverage to all women receiving Medicaid at the time their pregnancy ends in accordance with the Social Security Act. If the option is elected under Medicaid, states are required to provide the same 12-month postpartum coverage to targeted low-income pregnant members enrolled in CHIP. The comment period ended March 11, 2024, and no comments were received.
  • Medicaid Eligibility for Women, Children, Youth, and Needy Families 1 TAC 366 – HHSC adopts amendments to sections in Chapter 366 of 1 TAC concerning eligibility, and eligibility rates and renewal. The adopted rules ensure compliance with HB 12 88(R), requiring HHSC to provide 12 months of postpartum Medicaid coverage to all women receiving Medicaid at the time their pregnancy ends in accordance with the Social Security Act. If the option is elected under Medicaid, states are required to provide the same 12-month postpartum coverage to targeted low-income pregnant members enrolled in CHIP. The comment period ended on March 11, 2024, and one commenter had concerns about the requirement that prohibits a postpartum mother from being eligible to receive continuous eligibility for the remainder of the 12-month postpartum period when the individual voluntarily disenrolls from Medicaid or CHIP. The commented recommend that HHSC amend the rules to allow postpartum mothers who voluntarily disenroll from Medicaid or CHIP to be able to reenroll within the 12-month postpartum period. HHSC declined to make the suggested change.
  • State Children’s Health Insurance Program 1 TAC 370 – HHSC adopts amendments to sections in Chapter 370 of 1 TAC concerning age limits, CHIP members, renewal, and continuous enrollment period. The adopted rules ensure compliance with HB 12 88(R), requiring HHSC to provide 12 months of postpartum Medicaid coverage to all women receiving Medicaid at the time their pregnancy ends in accordance with the Social Security Act. If the option is elected under Medicaid, states are required to provide the same 12-month postpartum coverage to targeted low-income pregnant members enrolled in CHIP. The comment period ended on March 11, 2024, and one commenter had concerns about the requirement that prohibits a postpartum mother from being eligible to receive continuous eligibility for the remainder of the 12-month postpartum period when the individual voluntarily disenrolls from Medicaid or CHIP. The commented recommend that HHSC amend the rules to allow postpartum mothers who voluntarily disenroll from Medicaid or CHIP to be able to reenroll within the 12-month postpartum period. HHSC declined to make the suggested change.
  • Behavioral Health Programs 1 TAC 307 – HHSC adopts sections in Chapter 307 to ensure compliance with SB 1677 88(R), which requires HHSC to adopt rules to implement Texas Government Code. The adopted rules outline the framework for two grant programs: the Mental Health Grant for Justice-Involved Individuals and the Rural Initiatives Grant Program. The MHGJII provides grants to county-based community collaboratives aiming to reduce recidivism, frequency of arrests, and incarceration of individuals with mental illness and the Rural Initiatives Grant Program provides grants to establish or expand behavioral health centers or jail diversion centers in local service areas primarily in rural regions. The comment period ended on March 11, 2023. Key points from the comment period include suggested revisions to definitions (implemented), a recommendation to allow grant funds to hire a liaison between mental health authorities and jails (denied), a suggestion to encourage separating individuals awaiting competency restoration from the general inmate population (declined), and a request to specify applicable state laws in the rules (declined).

Water

Adopted

Texas Water Development Board

  • Designation of River and Coastal Basins 31 TAC 360 – TWDB adopts Chapter 360 of 31 TAC to modernize the rule language and reflect the new manner that the TWDB stores the digital files of the maps that designate the state’s river and coastal basins. The rulemaking does not meet the definition of a “major environmental rule” as it does not adversely affect the economy, productivity, competition, jobs, the environment, or the public health and safety of the state. The public comment period ended on March 4, 2024, and no comments were received.

 

Insurance

Proposed

Department of Insurance

  • Trade Practices 28 TAC 21 – TDI proposes to add a section to TAC 28 that implements HB 1040 88(R) and defines “termination” to specify that nonrenewal and discontinuation are terminations for the purposes of Insurance Code section 35. Prior to this amendment, regulated entities needed the other party’s consent to conduct business electronically. Now under HB 1040, they can notify the party instead, and the party can withdraw consent after receiving the notice. Additionally, HB 1040 added a new subsection requiring regulated entities to send cancellation or termination notices in both electronic and non-electronic forms to ensure that parties receive them properly. This proposed new section will have the public benefit of ensuring that TDI’s rules conform to Insurance Code 35,004 and making sure that consumers are adequately notified when their policies are not renewed. TDI will consider any written comments on the proposal that are received no later than June 24, 2024.

Land

Proposed

School Land Board

  • Operations of the School Land Board 31 TAC 151 – The Board proposes amendments to 31 TAC concerning new procedures for the release of funds from the Real Estate Special Fund Account, reflecting legislative changes that have occurred since the current rule was adopted in 2016. The procedure for releasing funds is outlined to determine the timing and amounts of fund releases from RESFA to ASF of TXPSF. The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency’s legal authority to adopt. The earliest possible date of adoption is June 23, 2024.