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Below is a spotlight on the adopted, withdrawn, and proposed rules from the October 4 edition of the Texas Register.

 

Education

Texas Education Agency

Adopted

  • Chapter 151, Rules Regarding Passing Standards for Educator Certification Exams – TEA adopts amendments to §151.1001, updating passing standards for several educator certification exams. The changes introduce passing standards for exams including English Language Arts and Reading 7-12, Health EC-12, Physical Education EC-12, and multiple edTPA exams (e.g., Elementary Literacy, Elementary Mathematics, Early Childhood Education). The amendment also removes the Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12 exam. These updates reflect current expectations and requirements for educators in Texas. The passing standards were determined by subject-matter experts to maintain consistency and fairness across different exam forms. Effective date: October 8, 2024.

 

Environment

Texas Parks and Wildlife Department

Proposed

  • Chapter 51, Executive – The Texas Parks and Wildlife Department proposes amendments to §51.61 to enhance contract monitoring procedures. The changes would provide more comprehensive criteria for identifying contracts that require enhanced performance monitoring, aiming for better oversight. Earliest possible adoption date: November 3, 2024.
  • Chapter 51, Executive – Amendments to this section clarify terminology regarding nonprofit partnerships promoting hunting and fishing by resident veterans. The revision corrects an inaccurate acronym used throughout the section. Earliest possible adoption date: November 3, 2024.
  • Chapter 51, Executive – This proposed amendment focuses on the duties of the department concerning customer information. It eliminates a subsection that is no longer necessary, streamlining the rules regarding the collection and use of personal customer information by the department. Earliest possible adoption date: November 3, 2024.
  • Chapter 56, Agency Decision to Refuse License or Permit Issuance or Renewal – This section addresses the refusal to issue or renew permits and licenses. The amendment adds cultivated oyster mariculture permits to the list of permits that fall under the department’s authority to deny, suspend, or revoke based on violations of Parks and Wildlife Code. This change aligns with regulatory requirements for consistent enforcement across all non-recreational permits. Earliest possible adoption date: November 3, 2024.
  • Chapter 58, and Oysters, Shrimp, and Finfish – The proposed amendment temporarily closes approximately 543 acres on Dollar Reef and Desperation Reef in Galveston Bay to oyster harvesting for two years. This closure allows for restoration efforts and the regrowth of oyster populations, enhancing the stability of these critical habitats. The Department of State Health Services designates these areas as Conditionally Approved for human consumption. Earliest possible adoption date: November 3, 2024.
  • Chapter 58, and Oysters, Shrimp, and Finfish – These amendments pertain to the cultivated oyster mariculture program. They clarify definitions and update permit requirements to include both nursery and hatchery operations. The rules also expand options for the use of oyster larvae and enhance the regulatory framework to align with National Shellfish Sanitation Plan (NSSP) standards. Earliest possible adoption date: November 3, 2024.
  • Chapter 58, and Oysters, Shrimp, and Finfish – The repeal of these sections is to eliminate redundancy and streamline regulations under the cultivated oyster mariculture framework. The key provisions have been integrated into other sections of the regulations. Earliest possible adoption date: November 3, 2024.
  • Chapter 61, Design and Construction – This section proposes amendments to allow the Texas Parks and Wildlife Department’s executive director to award “job order contract” projects worth over $1,000,000 under Government Code Chapter 2269. Additionally, authority for contracts between $500,000 and $1,000,000 would be delegated to the department’s Infrastructure Division director and deputy director. The changes aim to expedite the approval process for minor construction and maintenance projects, improving efficiency and reducing project delivery times. Earliest possible adoption date: November 3, 2024.

 

Healthcare

Texas Health and Human Services Commission

Adopted

  • Chapter 354, General Administration – HHSC adopts an amendment to §354.1149 concerning exclusions and limitations for Medicaid coverage. This amendment aligns Texas Medicaid coverage of vaccines for adults with federal requirements set by the Inflation Reduction Act of 2022. The rule removes the exclusion of FDA-approved and Advisory Committee on Immunization Practices (ACIP)-recommended vaccines used solely for travel, that all recommended vaccines for adults are covered under Medicaid. Effective date: October 7, 2024.

Health and Human Services Commission

Adopted

  • Chapter 745, Licensing – These sections establish the general licensing requirements for psychiatric residential youth treatment facilities (PRYTFs). They provide detailed guidelines for licensing procedures, including the submission of initial applications and compliance with background checks and other verification protocols. Effective date: October 15, 2024.
  • Chapter 745, Licensing – This section outlines the general provisions for licensing PRYTFs, clarifying which facilities fall under the jurisdiction of these regulations. It sets forth the scope and limitations of the licensing process and details the essential documentation required for applications. Effective date: October 15, 2024.
  • Chapter 745, Application Process – These sections provide step-by-step instructions for the PRYTF application process. They include submission deadlines, the format for submitting required documents, and guidelines for how facilities must demonstrate compliance with state and federal standards. Facilities must also submit specific operational and staffing plans as part of their application. Effective date: October 15, 2024.
  • Chapter 745, Certificate Renewals – These rules govern the renewal of certificates for PRYTFs. The amendments clarify the timeline and procedures for renewing a facility’s certificate, detailing what documentation is required for renewal, including proof of continued compliance with safety and operational regulations. Effective date: October 15, 2024.
  • Chapter 745, Fees – This section outlines the fee structure for the licensing and renewal process for PRYTFs. It specifies the amounts required for initial applications, renewals, and penalties for late submissions or non-compliance. Effective date: October 15, 2024.
  • Chapter 745, Inspections, Investigations, and Confidentiality – This rule outlines the process for facility inspections and investigations. It provides guidelines on when and how inspections are conducted, the types of violations that will prompt investigations, and the confidentiality standards that must be maintained during and after the investigation process. Effective date: October 15, 2024.
  • Chapter 745, Enforcement – These sections cover enforcement procedures for non-compliant PRYTFs. They detail the actions HHSC may take in cases of regulatory violations, including fines, license suspension, or revocation. The rules also provide facilities with an appeal process for contesting enforcement actions. Effective date: October 15, 2024.
  • Chapter 748, Minimum Standards for General Residential Operations/Services – This section defines the general service requirements for General Residential Operations (GROs), focusing on the safety and well-being of residents. GROs must provide 24-hour care, including medical and emergency services, as outlined by the state regulations. Each operation is required to maintain an individualized service plan for each resident. Effective Date: October 15, 2024.
  • Chapter 748, Definitions and Scope – These sections cover the definitions of key terms relevant to GROs and their scope of services. The rules provide clarity on what constitutes a GRO, specifying the populations served and the regulatory framework they must adhere to. This section also details specific conditions for psychiatric residential youth treatment facilities, meeting compliance with state statutes. Effective Date: October 15, 2024.
  • Chapter 748, Policies, Notifications, and Postings – These sections require GROs to develop and submit specific policies related to medical services, supervision, and safety for both children and young adults. They must also notify Child Care Regulation (CCR) of any accreditation changes and post the facility’s certificate in a prominent location. Effective Date: October 15, 2024.
  • Chapter 748, Personnel – These rules govern the staffing requirements for GROs, including qualifications, responsibilities, and the minimum staff-to-resident ratios. Facilities must adequately train personnel and be capable of providing necessary care to residents. Effective Date: October 15, 2024.
  • Chapter 748, Training – These sections outline the pre-service and ongoing training requirements for caregivers working in GROs, especially those involved in psychiatric care. Caregivers must complete a minimum of 40 hours of supervised experience and meet annual training requirements, including specific training for handling psychiatric emergencies and administering medications. Effective Date: October 15, 2024.
  • Chapter 748, Child-to-Caregiver Ratio – This rule establishes the required ratios of caregivers to children in a GRO for sufficient supervision and individualized care. These ratios vary depending on the age group and specific needs of the residents. Effective Date: October 15, 2024.
  • Chapter 748, Admission and Service Plans – These sections focus on the admission criteria for GROs and the development of service plans tailored to each resident’s needs. Facilities must evaluate the suitability of their living quarters and service provisions before admitting individuals. The service plans must be updated regularly to reflect any changes in the resident’s needs. Effective Date: October 15, 2024.
  • Chapter 748, Providing Care to Children and Adults – This section outlines the responsibilities of GROs in providing care to children and adults, including those with psychiatric needs. GROs must make sure that care is provided in a manner that promotes safety, well-being, and dignity. Effective Date: October 15, 2024.

 

Insurance

Texas Department of Insurance

Proposed

  • Chapter 3, Life, Accident, and Health Insurance and Annuities – TDI proposes to repeal and replace existing rules under §§3.1 – 3.8. The new rules will streamline and modernize the filing processes for life, annuity, accident, health, and HMO products, aligning filing procedures across the division for consistency and clarity. These changes also introduce new standards for readability and compliance to enhance consumer protection and clarity. Earliest possible adoption date: November 3, 2024.
  • Chapter 3, General Filing Requirements – These sections outline new general filing requirements. These rules aim to make the submission process for life, annuity, and health insurance products more efficient and transparent by establishing guidelines for form and rate filings. TDI also proposes changes that enhance how applications are reviewed to meet updated standards, including readability requirements. Earliest possible adoption date: November 3, 2024.
  • Chapter 3, Requirements Relating to Application Form Filings – These new sections provide guidelines for application form filings, for clarity in insurance applications, both paper and electronic. Specific disclosure requirements make sure applicants fully understand what information is collected and how it will be used. Additionally, standards are established for electronic and telephonic applications for compliance with both state and federal requirements. Earliest possible adoption date: November 3, 2024.
  • Chapter 3, Requirements Specific to Accident/Health/HMO Filings – These rules lay out actuarial filing requirements for certain insurance products, including individual accident and health products. Actuaries must provide detailed information on rates and premium adjustments, so benefits are reasonably related to the premiums charged. The new provisions are designed to provide transparency and allow the TDI to assess compliance effectively. Earliest possible adoption date: November 3, 2024.
  • Chapter 3, Actuarial Filing Requirements – These rules address exempt forms for life, accident, health, and annuity filings, clarifying which forms do not require review under Insurance Code Chapter 1701. The updates focus on expanding consumer protections while also streamlining administrative processes to reduce unnecessary regulatory burdens. Earliest possible adoption date: November 3, 2024.
  • Chapter 7, Corporate and Financial Regulation – The Texas Department of Insurance proposes amendments to §7.1301 concerning regulatory fees. These amendments revise the structure and amounts for filing fees related to evidence of coverage and other health-related product filings. The new provisions align fee structures with proposed new sections in 28 TAC Chapter 3, which govern the submission of filings for life, health, annuity, and HMO products. The proposal removes outdated billing systems and integrates fees into the SERFF electronic funds transfer system for improved efficiency. Earliest possible adoption date: November 3, 2024.
  • Chapter 7, Corporate and Financial Regulation – This section, concerning the billing system for regulatory fees, is proposed for repeal. The repeal corresponds with the implementation of the SERFF system for fee payments, which eliminates the need for the old billing structure. The repeal simplifies the process for both TDI and issuers by reducing administrative burdens related to invoicing and payments. Earliest possible adoption date: November 3, 2024.

 

Texas Department of Insurance

Adopted

  • Chapter 21, Trade Practices – TDI adopts 28 TAC §21.501 to implement changes from House Bill 1040, 88th Legislature, 2023, concerning electronic transactions in insurance. The rule clarifies that nonrenewal, refusal to renew, or discontinuation of an insurance policy are considered forms of termination, which require notification in both electronic and nonelectronic forms (such as paper). This dual notification is mandatory, for transparency and compliance with the amended Insurance Code §35.004. The rule eliminates the need for insurers to obtain prior consent to conduct business electronically but allows customers to withdraw consent. Effective date: October 13, 2024.

 

Miscellaneous

Department of State Health Services

Adopted

  • Chapter 229, Food and Drug – The amendments establish updated standards for the labeling, handling, and processing of food and drug items to align with federal guidelines. The new rules also introduce enhanced monitoring protocols for food manufacturers and pharmaceutical companies operating in Texas. This update aims to improve product safety, ensuring compliance with federal requirements. Earliest possible adoption date: November 3, 2024.
  • Chapter 289, Radiation Control – The adopted rules amend existing regulations regarding general provisions for radiation control. These updates incorporate revised standards for radiation protection and reporting in line with federal regulations. They emphasize enhanced protocols for reporting incidents involving radiation exposure and stricter safety measures for facilities using radiation-producing devices. These rules aim to improve safety measures for both workers and the general public. Effective date: October 7, 2024.
  • Chapter 289, Radiation Control – The adopted amendments address licensing and operational safety for entities managing radioactive materials. They introduce guidelines for licensing processes, reporting requirements, and compliance standards. These updates strengthen oversight and enforcement measures that radioactive materials are handled safely, reducing the risk of accidental exposure and contamination. Effective date: October 7, 2024.

 

Texas Workforce Commission

Adopted

  • Chapter 800, General Administration – TWC adopts amendments to align with the Workforce Innovation and Opportunity Act (WIOA). These sections focus on definitions, allocations, and the management of funds within the Texas Workforce System: §800.52: Updates the definitions used across TWC programs for consistency with federal regulations. §800.63: Renames “Workforce Investment Act (WIA) Allocations” to “Workforce Innovation and Opportunity Act (WIOA) Allocations” and revises the methodology for fund distribution. §800.71 & §800.74: Clarifies the process for de-obligation and reallocation of funds, compliant with updated federal workforce requirements. §800.75 & §800.77: Enhances the flexibility in managing second-year funds and reallocated resources, aligning with current federal guidelines to optimize fund utilization. Effective date: October 7, 2024.
  • Chapter 800, General Administration – This section, which governed the Project Reintegration of Offenders (Project RIO), has been repealed. Project RIO was discontinued, and the repeal reflects the end of related employment and support services. However, Local Workforce Development Boards continue to provide services to ex-offenders through other available programs under TWC. Effective date: October 7, 2024.