Below is a spotlight on proposed and adopted rules from the October 27th edition of the Texas register.
Energy
Public Utility Commission
Proposed Rule
- SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS SUBCHAPTER H. ELECTRICAL PLANNING DIVISION 1. RENEWABLE ENERGY RESOURCES AND USE OF NATURAL GAS. The proposed new rule will provide direction to the Electric Reliability Council of Texas in maintaining an accreditation and banking system to award and track voluntary RECs generated by eligible facilities as required by the Public Utility Regulatory Act. Â Comments must be filed by November 6, 2023. The earliest possible date of adoption is November 26, 2023.
EducationÂ
State Board for Educator Certification
Proposed Rule
- GENERAL CERTIFICATION PROVISIONS SUBCHAPTER A. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS. The SBEC provides for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, and CPE. The public comment period on the proposal begins October 27, 2023, and ends November 27, 2023.
- MILITARY SERVICE MEMBERS, MILITARY SPOUSES, AND MILITARY VETERANS. The proposed revisions would implement SBs 422 and 544 and House Bill 621 88(R). The proposed revisions would add military service members as being eligible to receive several of the provisions in place for military spouses; would add provisions to issue a three-year temporary certificate to eligible military veterans, peace officers, fire protection personnel, and emergency medical services personnel; and would also add provisions for the issuance of a one-year temporary certificate to certain instructors for the Community College of the Air Force. The public comment period on the proposal begins October 27, 2023, and ends November 27, 2023. The effective date is October 31, 2023.
Texas Education Agency
Adopted Rule
- CHARTERS SUBCHAPTER A. OPEN-ENROLLMENT CHARTER SCHOOLS. Establishes the process for approval of an open-enrollment charter, including a no-contact period for open-enrollment charter applicants or any person or entity acting on their behalf with the commissioner of education, the commissioner’s designee, a member of the SBOE, or a member of an external application review panel. The public comment period began July 21, 2023, and ended at 5:00 p.m. on August 25, 2023.
Health Care
Health and Human Services Commission
Proposed Rule
- HEALTH AND HUMAN SERVICES COMMISSION CHAPTER 556. NURSE AIDES. The purpose of the proposal is to amend the rules to stipulate that NATCEPs must accept 60 hours of classroom training through HHSC’s computer-based training for nurse aide candidates seeking to qualify for the Certified Nurse Aide exam. The proposal updates definitions and references associated with the nurse aide CBT training and clarifies related requirements.
Adopted Rule
- COMPETITIVE AND INTEGRATED EMPLOYMENT INITIATIVE FOR CERTAIN MEDICAID RECIPIENTS. Amendment has been adopted concerning Purpose, applicability, Uniform Process, Strategies to Increase Number of Individuals Receiving Employment Services, Referrals to the Texas Workforce Commission and, Increasing the Number of Individuals Receiving Employment Services. The 31-day comment period ended June 26, 2023. The effective date is November 1, 2023
Environment
Texas Water Development Board
Adopted Rules
- REGIONAL FLOOD PLANNING. In the adopted amendment, the definitions of Flood Management Evaluation, Flood Management Strategy, Flood Risk, Nature-based Flood Mitigation, Potentially Feasible Flood Mitigation Project or Potentially Feasible Flood Management Strategy were all modified in response to comments.
- REGIONAL FLOOD PLAN REQUIREMENTS. This rulemaking is adopted under the authority of Texas Water Code State Flood Planning, Regional Flood Planning, Texas Infrastructure Resiliency Fund, and (Floodplain Management Account for funding planning grants).