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Below is a spotlight on the adopted, proposed, and withdrawn rules from the September 6 and the editions of the Texas Register.

Proposed Rules

Texas Feed and Fertilizer Control Service/Office of the Texas Chemist

  • 4 TAC §65.13 – The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist has proposed amendments to 4 TAC §65.13 concerning waste products distributed as fertilizers. The new subsection prohibits the application of waste products, including polyfluoroalkyl substances (PFAS) and other adulterants, which could permanently contaminate Texas farmland and water systems. The changes also impose stricter registration requirements for waste products used as fertilizer, requiring detailed descriptions of manufacturing processes, periodic testing schedules, and confirmation of compliance with EPA standards. The aim of these amendments is to prevent environmental contamination and protect agricultural lands. The earliest possible adoption date for these changes is October 6, 2024.
  • 4 TAC §65.24 – Amendments to 4 TAC §65.24 introduce updated warning and cautionary statement requirements for fertilizers containing specific harmful substances. Fertilizer products that contain 0.10% or more boron in water-soluble form, 0.001% or more molybdenum, or trace elements exceeding regulated limits must now include clear warnings about potential risks to plants, animals, and water. These changes are meant for fertilizers with potentially harmful substances are clearly labeled to prevent improper application, which could result in environmental harm. The earliest possible adoption date for these changes is October 6, 2024.

Texas Education Agency

  • 19 TAC §67.1315 – The Texas Education Agency (TEA) proposes new 19 TAC §67.1315, which concerns the open education resource (OER) instructional materials transition plan. This new rule is in response to House Bill 1605 from the 88th Texas Legislature and provides clarification on the requirements for a school district’s OER transition plan. School districts must adopt such a plan to qualify for additional state aid under Texas Education Code §48.308. The rule outlines the specific conditions under which a school district or open-enrollment charter school must submit an OER instructional materials transition plan. The commissioner may request and review OER transition plans at any time and reject a plan after review. The public comment period for this proposal begins on September 6, 2024, and ends on October 7, 2024. The earliest possible date for adoption of this rule is October 6, 2024.
  • 19 TAC §103.1213 – TEA introduces new requirements for school safety and security reporting through Sentinel, in accordance with Texas Education Code §37.1083. The rule establishes Sentinel as the comprehensive system for submitting safety and security-related data, such as Behavioral Threat Assessments, District Vulnerability Assessments, and emergency management details. The system is designed to enhance the safety and security of students and staff in Texas schools. School districts and open-enrollment charter schools must comply with the reporting requirements set out in the new rule. The public comment period for this proposal begins on September 6, 2024, and ends on October 7, 2024. The earliest possible date for adoption of this rule is October 6, 2024.

Texas Department of Transportation

  • 43 TAC §15.188 – The Texas Department of Transportation (TxDOT) proposes amendments to 43 TAC §15.188, which concerns the application procedure for the County Transportation Infrastructure Fund Grant Program. The proposed changes, in response to Senate Bill 160 from the 87th Texas Legislature, remove the requirement for counties to submit a county road condition report as part of the application process for the grant. By eliminating this requirement, the application process is streamlined, making it less burdensome for counties. The amendment also re-designates the subsequent subsection to reflect the removal of the road condition report requirement. The public comment period is open until 5:00 p.m. on October 7, 2024, with the earliest possible adoption date set for October 6, 2024.

Adopted Rules

Texas Education Agency

  • 19 TAC §§97.1055, 97.1057, 97.1059, 97.1067, 97.1069, 97.1073 – TEA has adopted amendments without changes that clarify procedures related to the appointment of a superintendent in conjunction with a board of managers, establishing that such a superintendent assumes office immediately upon appointment. Additionally, these amendments update statutory references and cross-references to other administrative rules, ensuring alignment with recent legislative changes. The effective date for these amendments is September 10, 2024.
  • 19 TAC §§127.30, 127.45 – 127.58, 127.86, 127.87; 19 TAC §§127.795, 127.796; 19 TAC §§127.887 – 127.890, 127.920) – SBOE has adopted new and revised sections of the Texas Essential Knowledge and Skills (TEKS) for Career and Technical Education (CTE). These updates focus on courses in agribusiness, animal science, plant science, aviation maintenance, and certain STEM courses that fulfill science graduation requirements. The revisions are designed to keep the curriculum current, supporting relevant and meaningful study programs for Texas students. The effective date is 20 days after filing, allowing districts to prepare for the implementation in the 2024-2025 school year.

Health and Human Services Commission

  • 26 TAC §553.17 – The amendment to §553.17 relates to the criteria for licensing assisted living facilities in Texas. It outlines the requirements for obtaining a license, including compliance with local fire ordinances, health inspections, and standards for accreditation. The rule also specifies that HHSC may deny or refuse to renew a license based on the applicant’s history, including any previous violations or sanctions in Texas or other states. This section aims that assisted living facilities are operated safely and in compliance with state regulations. The effective date for this amendment is September 12, 2024.
  • 26 TAC §§553.254, 553.255, 553.257 – These sections introduce new training requirements for staff who provide personal care services to residents with Alzheimer’s disease or related disorders in facilities that are not Alzheimer’s certified. Staff members must undergo competency-based training and pass evaluations before providing care, while managers must complete specialized training on care planning and managing behaviors associated with Alzheimer’s. The amendments also update the all-staff policy and human resource requirements for Alzheimer’s care. These changes are aimed at improving the care of residents with Alzheimer’s disease in facilities that may not be specialized in this area. The effective date for these amendments is September 12, 2024.
  • 26 TAC §553.329 – The amendment to §553.329 focuses on the investigation of allegations of abuse, neglect, or exploitation in assisted living facilities. It clarifies when HHSC is responsible for investigating these allegations and sets out procedures for conducting on-site visits. It also allows HHSC to seek court orders for admission if a facility fails to cooperate with an investigation. The effective date for this amendment is September 12, 2024.
  • 1 TAC §§355.304, 355.306 – 355.308, 355.318, 355.320 – HHSC adopted amendments and new rules to implement the Patient Driven Payment Model (PDPM) methodology for the reimbursement of long-term stay nursing facility services in the Medicaid program, as required by the 2024-25 General Appropriations Act. These changes include updates to direct care staff spending requirements, cost-finding methodology, reimbursement setting methodology, and the nursing care staff rate enhancement program. Additionally, certain sections, such as performance-based add-on payments and supplemental payments to non-state government-owned nursing facilities, were repealed as no longer applicable. The effective date for these amendments and new rules is September 12, 2024.
  • 1 TAC §355.309 and §355.314 – These sections were repealed as part of the broader restructuring of the reimbursement rules. The repeals were made in conjunction with the implementation of PDPM to streamline and update the Medicaid reimbursement system for nursing facilities. The effective date of these repeals is also September 12, 2024.

Texas Department of Insurance

  • 28 TAC §5.4215, §5.423 -TDI has adopted amendments to these sections regarding updates to umpire and mediator roster application forms. These amendments add requirements for applicants to consent to the publication of certain confidential information and clarify whether umpires are insured by the Texas Windstorm Insurance Association (TWIA). These updates were necessitated by Senate Bill 510, which introduced new categories of confidential information for state agencies under Government Code §552.11765. The amendments to §5.4215 and §5.4233 ensure that the information provided by umpire and mediator applicants for TWIA claims complies with these changes. The effective date for these amendments is September 9, 2024.

Texas Department of Transportation

  • 43 TAC §§27.80 – 27.82 – The amendments under Toll Projects focus on providing more contracting flexibility for the Texas Department of Transportation (TxDOT) in managing toll projects. These amendments update the terminology, replacing outdated terms and allowing TxDOT to enter into agreements with toll project entities for the operation and management of toll roads. A new definition, “Toll Project Entity,” is added to describe entities legally authorized to manage toll projects, such as regional tollway authorities or county entities. Additionally, these sections update the rules governing military vehicle toll exemptions and establish that the rules and policies of toll project entities may apply when such agreements are in place. The effective date for these changes is September 11, 2024.
  • 43 TAC §27.86 – The repeal of §27.86 eliminates the veteran discount program requirements for electronic toll collection customers, as this program was never implemented due to system limitations. The removal of this section simplifies the rule structure for toll projects, as the provisions are no longer necessary. This repeal takes effect on September 11, 2024.
  • 43 TAC §28.102 – The amendment to §28.102 grants the Hidalgo County Regional Mobility Authority (HCRMA) additional authority to issue permits for oversize and overweight vehicles on specific roadway segments in Hidalgo County. These amendments also clarify the limits of that authority and designate a new route for which HCRMA can issue permits, specifically a segment of W. Doffing Road. Before issuing permits, HCRMA must demonstrate that the roadway can safely sustain the overweight loads, and they are responsible for maintaining the roadway. The amendment also includes a provision that HCRMA may not issue permits for travel on this off-system roadway segment after September 30, 2025. The effective date of this amendment is September 11, 2024.