Below is a spotlight on the proposed and adopted rules in the September 23rd edition of the Texas Register.
Education
TEXAS EDUCATION AGENCY
Proposed Rules
ADAPTIONS FOR SPECIAL POPULATIONS – 19 TAC §§89.1080, 89.1185, and 89.1195
- TEA proposes amendments concerning special education services. The proposed amendments would provide updates and clarifications regarding special education complaints and due process hearings. Sections would be amended to update the term “hearing impairment” to “deaf or hard of hearing”. The proposed amendment would clarify that summary proceedings in a special education due process hearing may be used only when both parties agree to use the summary process. The proposal includes clarifications of timeline limitations for making a special education complaint. The proposal introduces amendments to regulate the requirements and reconsideration process of complaints in accordance with the Texas Education Code and 34 CFR. Earliest possible date of adoption is October 23, 2022.
COMMISSIONER’S RULES CONCERNING EXAMINATION REQUIREMENTS – 19 TAC §152.1001
- TEA proposes an amendment concerning exceptions to examination requirements related to individuals certified outside the state. The amendment aims to implement HB 139 87(R) by adding military community members to the population of educators licensed outside the state and eligible to qualify for an exception to examination requirements in Texas. The proposed amendment would also provide additional edits to improve the readability and applicability of the rules and support continued consistency in completion of the test exemption review process. Earliest possible date of adoption is October 23, 2022.
Adopted Rules
- HHSC adopts new sections concerning certification eligibility, application, purpose, and certification standards for Texas Certified Community Behavioral Health Clinics. The new sections are necessary to codify existing certification, recertification, and certification maintenance requirements for Texas Certified Community Behavioral Health Clinics. HHSC did not receive any public comments on this rule. Effective date is September 29, 2022.
NURSE AIDS – 26 TAC §§556.2, 556.3, 556.5 – 556.13
- HHSC adopts amendments concerning Nurse Aids that implement HSC Nurse Aid Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons with Disabilities, or Persons with Terminal Illnesses, created by SB 1103 87(R). HSC Chapter 250 states that nurse aides must be provided a certificate of registration to be placed on the Nurse Aide Registry. The amendment aims to address the shortage of certified nurse aides by expanding the definition of a clinical site to allow certain health care facilities other than nursing facilities to serve as a NATCEP clinical site and to clarify that HHSC may conduct on-site or off-site visits and reviews. HHSC received comments regarding the proposed rules from two commenters: representatives from Texas Health Care Association and an anonymous commenter. The comment and HHSC’s responses can be found here. Effective data was September 27, 2022.
Health Care
HEALTH AND HUMAN SERVICES COMMISSION
Proposed Rules
MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTERSCHOOL PROGRAMS – 26 TAC
- HHSC proposes amendments related to minimum standards for school-age and before or after-school programs, child-care centers, and child-care homes. The proposal aims to comply with the HRC to conduct a comprehensive review of minimum standards at least once every six years. Proposed amendments add definitions including those for: activity plan, contract service provider, weather permitting, age-appropriate, caregiver, among others related to sanitization and other safety-related terms. The proposal adds language to clarify that an operation must report to CCR the occurrence of a non-routine situation that places or may place a child at risk for injury or harm and updates employee and volunteer requirements for reporting suspected abuse, neglect or exploitation. Earliest possible date of adoption is October 23, 2022.
DEPARTMENT OF STATE HEALTH SERVICES
Adopted Rules
MATERNAL AND INFANT HEALTH SERVICES – 25 TAC §37.420
- HHSC has adopted the repeal of the Sickle Cell Advisory Committee and adopts new sections concerning the Sickle Cell Task Force. The new rule for Sickle Cell Task Force, replaces the repealed section for the SCAC. The Task Force was established in accordance with HB 3405 86(R) and under the Texas Health and Safety Code. The Task Force was created to continue the work of the SCAC. The new rule establishes the Task Force and describes Task Force composition, roles, responsibilities, and abolishment date. DSHS did not receive comments on this proposal. Effective date is September 29, 2022.
HOSPITAL LICENSING – 25 TAC §133.51
- HHSC has adopted new rules concerning In-Person Visitation During a Public Health Emergency or Disaster. The new section implements SB 572 87(R) which requires HHSC to adopt rules establishing guidelines for certain health care facilities, including hospitals and special care facilities, to use when developing policies and procedures for in-person religious counselor visitation during a public health emergency, as required under Texas Health and Safety Code. The new section ensures consistency with HB 2211 87(R) which requires a hospital to permit, except under certain circumstances, in-person visitation with hospital patients during a qualifying period of disaster and allows the hospital to condition this visitation upon compliance with certain authorized health and safety measures under Texas Health and Safety Code. DSHS did not receive comments on this proposal. Effective date is September 29, 2022.
Environment
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Adopted Rules
DAMS AND RESERVOIRS – 30 TAC §§299.1, 299.2, 299.7
- TCEQ adopts amendments to amend existing rules to add the language of SB 600 87(R) Author: Perry, requiring river authorities to submit information on their dams. There are eight river authorities that meet the requirements of SB 600, and there are 79 dams owned by these river authorities. Language requiring dam exemptions from HB 2694 82(R) Author: Smith, and HB 677 83(R) Author: Geren, has been added. The recent audit report findings on the Dam Safety Program by Texas State Auditor’s Office, issued July 2020, recommended that the language of these two bills be included in the rules. Effective date is September 29, 2022.
TEXAS SURFACE WATER QUALITY STANDARDS – 30 TAC §§307.2 307.3, 307.6, 307.7, 307.10
- TCEQ adopts amendments with changes related to temporary standards to improve consistency with federal rules listed in 40 Code of Federal Regulations. These revisions allow the expression of the temporary standard as an interim effluent condition when adopted for permittees or water bodies. Revisions also clarify that a temporary standard must preclude degradation of existing water quality as opposed to impairing an existing use. Other revisions are editorial and adopted to improve overall clarity. Language was added to specify that the options listed therein are the only options for expressing a temporary standard, the interim effluent condition that reflects the greatest pollutant reduction achievable with pollutant control technologies can be used if no additional feasible pollutant control technology can be identified, and a temporary standard can be expressed as the highest attainable interim criterion. The commission received public comments from a number of stakeholders including: American Chemistry Council, Carrizo/Comecrudo Tribe of Texas, City of Round Rock, Coastal Alliance to Protect Our Environment, Coastal Bend Council of Governments, Coastal Bend Sierra Club Group, Dow Chemical Company, Environment Texas, Environmental Integrity Project, EPA, Greater Edwards Aquifer Alliance, National Wildlife Federation, Sierra Club Lone Star Chapter, Texas Campaign for the Environment, Texans for Clean Water, Texas Chemical Council, Texas Industry Project, Texas Parks and Wildlife Department, and 516 individuals. Comments and responses from TCEQ can be found here. Effective date is September 29, 2022.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Adopted Rules
WILDLIFE – CHRONIC WASTING DISEASE (CWD) 31 TAC §65.81, §65.82
- TPWD adopted amendments concerning CWD disease detection and response, containment zones (restrictions), surveillance zones (restrictions). Language was modified that reduces the size of Surveillance Zone 8 as proposed and implements a two-year “sunset” date at which time the provisions would cease effect. Both changes were in response to public comment. The amendments establish one new containment zone (CZ 6), expand existing CZ 3, create a new surveillance zone (SZ 8), and modify existing SZ 5 to either implement or improve surveillance efforts as part of the agency’s effort to manage CWD. The department received 587 comments opposing adoption of all or part of the proposed amendments. Of those comments, 231 provided a reason or rationale for opposing adoption. TPWD received a number of comments against adoption of the amendments stating it would negatively impact property value, but TPWD notes there is no evidence to support this assertion. An overview of the rest of the public comments can be found here. Effective date is October 1, 2022.
Other
COMPTROLLER OF PUBLIC ACCOUNTS
Proposed Rules
BROADBAND DEVELOPMENT – 34 TAC §§16.30 – 16.46
- The Comptroller proposes new sections that aim to implement the Texas Broadband Development Office as required by HB 5 7(R). The new chapter includes: definitions, notice of funds availability, federal funding, conflict with laws, rules, regulations, or guidance, designated area eligibility, designated area reclassification, program eligibility requirements, application process generally overlapping applications or project areas, special rule for overlapping project areas in noncommercial applications, application requirements, evaluation criteria, application protest process, awards, records retention, audit, failure to perform, and forms. Earliest possible date of adoption is October 23, 2022.