Below is a spotlight on the emergency, proposed, and adopted rules in the October 14 edition of the Texas Register.
Health Care
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Proposed Rules
- The Executive Commissioner of the HHSC proposes an amendment concerning the Treatment of Resources in TANF. This proposal is to align policy related to TANF with recent changes under the Supplemental Nutrition Assistance Program (SNAP). The proposed amendment excludes the full amount of one prepaid burial insurance policy, funeral plan or funeral agreement for each household member as a resource when determining TANF eligibility. The conforming amendment will allow households to retain existing funeral agreements when applying or recertifying TANF benefits without impacting their eligibility for cash. Aligning TANF policy with SNAP will also simplify the rules for impacted households. The earliest possible date of adoption for this amendment is November 13, 2022.
BEHAVIORAL HEALTH PROGRAMS – §307.155, §307.163, §307.167, §307.169, §307.175, §307.157, §307.159
- The HHSC proposes amendments concerning Definitions, Assessment, Reassessment and Court Reporting, Discharge Requirements, Data, Written Policies and Procedures, Compliance with Statutes and Rules, and Criteria for Admission to an Outpatient Competency Restoration Program. These amendments implement SB 49, 87th , specifically relating to when competency restoration services begin and when an extension of the initial restoration period begins under the Texas Code of Criminal Procedure. HHSC also proposes additional amendments to clarify statutory requirements and language, reorder requirements in the order in which processes occur, and update and add cross references. Written comment may be submitted to the Rules Coordination Office by mail, or via email sent to HHSCForensicsAndJailDiversionServices@hhs.texas.gov, up to 31 days after the date of this issue of the Texas Register (October 14th).
Adopted Rules
COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES – 1 TAC §351.807
- The HHSC adopts an amendment to the TAC concerning the Behavioral Health Advisory Committee (BHAC). The amendment is adopted without changes to the proposed text as published in the June 24, 2022 issue of the Texas Register. The amended rule revises the BHAC membership to align with federal best practices and accommodate current and future changes to the provision of behavioral health services. The amendment also aligns formatting to follow agency guidelines. During the comment period, the HHSC received four comments from The Arc of Texas and Disability Rights Texas regarding the proposed amendment. Summaries of the comments and responses from the agency can be found The effective date of this amendment is October 17, 2022.
LIDDA SERVICE COORDINATION – 26 TAC §331.17
- The Executive Commissioner of the HHSC adopts an amendment concerning minimum qualifications for LIDDA service coordinators. The amendment expands the hiring qualifications for service coordinators to increase the hiring pool to include people who are qualified for the position but do not have advanced degrees. The amendment also modified outdated references to mental retardation authority (MRA) to the current title of local intellectual and developmental disability authority (LIDDA). During the comment period the HHSC received comments from six commenters: Community Healthcore, Texoma Community Center, Integral Care, Helen Farabee Centers, Disability Rights Texas, and Texas Council of Community Centers. Summaries of the comments and responses from the agency can be found here. The effective date of this amendment is October 16, 2022.
DEPARTMENT OF STATE HEALTH SERVICES
Proposed Rules
END STAGE RENAL DISEASE FACILITIES – §117.41, §117.45, §117.91
- The Executive Commissioner of the HHSC proposes amendments concerning Governing Body, Provision and Coordination of Treatment and Services, and Fire Prevention, Protection, and Emergency Contingency Plan in TAC. The proposed amendments will meet the requirements of SB1876 and additions to the HSC. The proposal also includes amendments to outdated information and updated language to reflect the transition of regulatory authority from DSHS to HHSC. The conforming amendments update the emergency preparedness requirements and the emergency contingency plan, as well as revising language for clarity and readability. Written comment may be submitted by mail to the Rules Coordination Office, or via email sent to HCR_PRU@hhs.texas.gov, until 31 days after the date of this issue of the Texas Register (October 14th).
Energy
PUBLIC UTILITY COMMISSION OF TEXAS
Proposed Rules
SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS – 16 TAC §24.49
- The Public Utility Commission of Texas proposes amendments relating to Application for a Rate Adjustment by a Class D Utility Under Texas Water Codes. The proposed amendments will streamline the process for a Class D water utility to apply for a rate adjustment. It will also provide Class D utilities the benefits of commission’s professional resources that will reduce their regulatory compliance burden. The commission also proposes changes to the corresponding Class D utility rate adjustment application form. The conforming amendment removes unnecessary language from applications and lists new application requirements that will make the process more efficient. Electronic comment will be accepted on the commissions website until November 4, 2022. The earliest possible adoption date for this amendment is November 13, 2022.
- The PUC proposes amendments relating to: Complaints, repeal of sections relating to Registration and Reporting by Power Marketers, Certification of Retail Electric Providers, Registration of Power Generation Companies and Self-Generators, Registration by Power Marketers, Certification and Obligations of Retail Electric Providers. Additionally, the amendments relate to Registration by Power Generation Companies and Self-Generators, Customer Access and Complaint Handling, and Unauthorized Change of Retail Electric Provider. The proposed rules change the time period for entities to respond to complaints from 21 days to 15 days. The proposed rules ensure the commission has current information on power marketers and power generation companies, disallow certain persons from controlling REPs and PGCs, and strengthen the financial requirements for REPs. Comment will be accepted electronically on the commission’s website until November 14, 2022.
Adopted Rules
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS – 16 TAC §25.55
- The Public Utility Commission of Texas adopts a new rule relating to Weather Emergency Preparedness. The new rule is adopted with changes to the proposed rule as published in the June 10, 2022 issue of the Texas Register. The adopted rule represents the second phase of the two phases in the commission’s development of robust weather emergency preparedness reliability standards to ensure that the electric industry is prepared to provide continuously reliable electric service. The rule requires generation entities and TSPs in the ERCOT power region to maintain weatherization preparation standards for both winter and summer seasons. The new rule requires ERCOT to conduct on-site inspections of every generation resource and transmission facility in the region. Under the new rule utilities who do not comply with preparedness standards will undergo an independent assessment by a qualified professional engineer. The commission received a large number of comments regarding the proposed rule from several stakeholders during the comment period. Summaries of the comments and responses from the agency can be found The effective date for this rule is October 20, 2022.
Education
TEXAS EDUCATION AGENCY
Proposed Rules
- The SBOE proposes amendments concerning TEKS for social studies and economics. The proposed revisions would align with recent legislative requirements by updating the standards for Kindergarten-Grade 8 and five high school courses. The SBOE proposed revisions have been under review since 2021 when the 87th Texas Legislature passed HB 4509 during the Regular Session. This bill required the teaching of informed patriotism and the founding documents of the United States and required the SBOE to adopt TEKS for social studies that develop each student’s civic knowledge, including an understanding of the fundamental moral, political, and intellectual foundations of the U.S. government. The SBOE approved proposed revisions addressing the requirements of SB 3 that were not at the time addressed in the TEKS at its September 2022 meeting. Public comment on this amendment may be submitted until 5:00 pm on November 14, 2022.
Adopted Rules
COMMISSIONER’S RULES CONCERNING OPTIONAL EXTENDED YEAR PROGRAM – 19 TAC §105.1001
- The TEA adopts an amendment concerning the optional extended year program. The amendment is adopted without changes to the proposed text as published in the August 5, 2022 issue of the Texas Register. The amendment removes an outdated provision related to the school finance system. The adopted amendment eliminates references to Option 4 wealth equalization agreements. Because of changes to the school finance system by HB 3, 86th Texas Legislature, 2019, districts no longer exercise Option 4 agreements. Removing the outdated provision aligns the rule with current practice and eliminates concerns of duplicate funding. No public comments were received during the comment period. The effective date for this amendment is October 18, 2022.
- The SBOE adopts repeals relating to TEKS for career development and career and technical education. The repeals are adopted without changes to the proposed text as published in the May 6, 2022 issue of the Texas Register. The adopted repeals remove TEKS for two CTE courses that will be superseded by different sections in the 2023-2024 school year. The repeals allow for the addition of two new CTE classes under their respective sections, as well as make room for the addition of new and future courses. No comments were received during the public comment period. The effective date for the adopted repeals is August 1, 2023.
STUDENT ATTENDANCE – 19 TAC §129.1025
- The TEA adopts an amendment concerning student attendance. The amendment is adopted without changes to the proposed text as published in the June 24, 2022 issue of the Texas Register; however, the handbook adopted by reference in the rule includes changes at adoption. The amendment adopts by reference the 2022-2023 Student Attendance Accounting Handbook. The handbook provides student attendance accounting rules for school districts and charter schools. Changes to the handbook being adopted by reference include language revisions made in several different sections to clarify rules and requirements. The agency received several comments during the public comment period. Summaries of the public comments received and agency responses can be found here. The effective date for the adopted amendment is October 18, 2022.