Below is a spotlight on proposed and adopted rules from the December 29, January 5, and January 12 editions of the Texas Register.
Education:
Texas Education Agency
Proposed Rules
- CHAPTER 67. STATE REVIEW AND APPROVAL OF INSTRUCTIONAL MANUALS. The proposed new sections would implement HB 1605 and incorporate the feedback provided by the board. The proposed new sections define the criteria to be used in the review and approval of instructional materials by the SBOE and the Texas Education Agency (TEA); define requirements for publisher participation in the instructional materials review and approval (IMRA) process; and establish rules for the annual request for instructional materials for review and future proclamations, contracts for instructional materials, and criteria for publishers required to host parent portals. The public comment period ends January 28, 2024.
- CHAPTER 97. PLANNING AND ACCOUNTABILITY; SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS; DIVISION 2. CONTRACTING TO PARTNER TO OPERATE A DISTRICT CAMPUS. Proposed changes due to recent court cases invalidating the provisions. Proposed amendments would remove language regarding the finality of decisions under 19 TAC §97.1075 and §97.1079 as a result of two court cases invalidating the provisions. The public comment period ends January 28, 2024.
Adopted Rule
- CHAPTER 102. EDUCATIONAL PROGRAMS; SUBCHAPTER KK. COMMISSIONER’S RULES CONCERNING COMPLIANCE INVESTIGATIONS IN CONNECTION WITH STATE-FUNDED EDUCATION PROGRAM GRANTS. Amendment to §102.1401, concerning compliance investigations in connection with state-funded education program grants. The amendment is adopted without changes to the proposed text as published in the October 13, 2023 issue of the Texas Register. The adopted amendment updates the term “special accreditation investigation” to “special investigation” to align with statute. Effective date: January 17, 2024.
State Board for Educator Certification
Proposed Rules
- CHAPTER 228. REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS. The proposed repeal of and new 19 TAC Chapter 228 was initially driven by the following three primary goals prescribed by the SBEC and were informed by extensive stakeholder input: 1) reorganize the chapter to support enhanced organization and readability, including the creation of subchapters and sections and the streamlining of redundancy to make the rules clearer and more user-friendly; 2) create a residency preparation route leading to an enhanced standard certificate to recognize programs who have implemented this quality preparation pathway and recognize candidates who have completed this extensive preparation; and 3) codify foundational components of the SBEC’s Educator Preparation Framework (EPF), to ensure the foundational expectations of preparation programs as prescribed in Chapter 228 align with the aspirational vision outlined in the EPF. The proposed new rules reflect additional edits informed by stakeholder input. The public comment period ends January 28, 2024.
- CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION. The proposed revisions would redefine pilot exam; specify the timeline by which a passing score on a certification exam can be used for certification purposes; decrease the number of days to request a test limit waiver after an unsuccessful examination attempt; update the figure specifying the required pedagogy and content pedagogy certification exams for issuance of the probationary or standard certificate; remove certificate categories and examinations that are no longer operational; establish an Enhanced Standard certificate and fees for the proposed teacher residency preparation route specified in proposed new 19 TAC Chapter 228, Requirements for Educator Preparation Programs; and update the list of ineligible certification by examination certificates to include the proposed new Deafblind: Early Childhood-Grade 12 certificate. The proposed revisions would also include technical edits to comply with Texas Register formatting and style requirements. The public comment period ends January 28, 2024.
- CHAPTER 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES. The proposed amendment would add five new core subjects-related certificates, and the proposed amendment to 19 TAC §233.8, Special Education, would add a new Bilingual Special Education Supplemental certificate. The public comment period ends January 28, 2024.
- CHAPTER 239. STUDENT SERVICES CERTIFICATES. The proposed amendment would implement the statutory requirement of Senate Bill (SB) 798, 88th Texas Legislature, Regular Session, 2023, and would update the certificate issuance rules to remove the requirement that an individual must have two years of classroom teaching experience to receive a school counselor certificate. The public comment period ends January 28, 2024.
Adopted Rule
- CHAPTER 229. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS. Adopts amendments to 19 Texas Administrative Code (TAC) §§229.1, 229.3, 229.4, 229.6, and 229.7, concerning the performance standards and procedures for educator preparation program (EPP) accountability. The adopted amendments provide for adjustments to the 2022-2023 Accountability System for Educator Preparation (ASEP) Manual, clarify the system for accreditation assignments, clarify provisions for continuing approval reviews, and include technical updates. Effective date: January 8, 2024.
Texas State Library and Archives Commission
Adopted Rule
- CHAPTER 4. SCHOOL LIBRARY PROGRAMS; SUBCHAPTER A. STANDARDS AND GUIDELINES. The new section establishes collection development standards a school district must adhere to in developing or implementing the district’s library collection development policies. The new rule is adopted to implement House Bill 900, 88th R.S. (2023). The SBOE approved the standards at their December 13, 2023, meeting. Effective date: January 3, 2024
Energy:
Texas Low-Level Radioactive Waste Disposal Compact Commission
Proposed Rule
- CHAPTER 675. OPERATIONAL RULES; SUBCHAPTER B. EXPORTATION AND IMPORTATION OF WASTE. The proposed changes to 31 Texas Administrative Code §675.24 intend to improve the quality, frequency, and accuracy of information facilities in Texas report to the Commission about the low-level radioactive waste they receive from outside the Texas Compact region for treatment, processing, storage or disposal. The proposed rule implements and complies with Texas Health and Safety Code §403.006 (“the Texas Low-Level Radioactive Waste Disposal Compact” or “the Compact”). The public comment period ends February 11, 2024.
Health Care:
Comptroller of Public Accounts
Proposed Rule
- CHAPTER 16. COMPTROLLER GRANT PROGRAMS; SUBCHAPTER C. TEXAS OPIOID ABATEMENT FUND PROGRAM. The new section governs the Texas Opioid Abatement Council’s allocation and distribution of money received from statewide opioid settlement agreements to all hospital districts in Texas under Government Code, §403.508(a)(2), as enacted by Senate Bill 1827, 87th Legislature, R.S., 2021. The public comment period ends January 28, 2024.
Texas Department of Insurance
Adopted Rule
- CHAPTER 21. TRADE PRACTICES. The amendments are necessary to implement House Bill 1592, 88th Legislature, 2023. HB 1592 permits a plan sponsor of a self-insured or self-funded plan established by an employer under the Employee Retirement Income Security Act of 1974 (ERISA) to opt in to the Texas IDR process under Insurance Code Chapter 1467 by electing to apply Insurance Code Chapter 1275 to the plan during the relevant plan year. Insurance Code Chapter 1275 creates similar requirements for out-of-network billing that already exist for HMOs and preferred provider benefit plans, as well as for health benefit plans administered by the Employees Retirement System of Texas and Teacher Retirement System of Texas plans under Insurance Code Chapters 1551, 1575, and 1579. Effective date: January 3, 2024.
Property Tax:
Comptroller of Public Accounts
Proposed Rule
- CHAPTER 9. PROPERTY TAX ADMINISTRATION. The comptroller proposes to repeal all sections included in Subchapter K (Arbitration of Appraisal Review Board Determinations). New sections concerning arbitration of appraisal review board determinations will be proposed in a separate rulemaking to add rules concerning limited binding arbitration and to update the current rules concerning regular binding arbitration and the comptroller’s registry of arbitrators. The public comment period ends on February 5, 2024.
Adopted Rule
- CHAPTER 3. TAX ADMINISTRATION; SUBCHAPTER O. STATE AND LOCAL SALES AND USE TAXES. The comptroller adds subsection (c)(7) regarding the location where an order is received taken from Section 3.10.1C5 of the Streamlined Sales and Use Tax Agreement (SSUTA). Effective date: January 9, 2024.
- CHAPTER 9. PROPERTY TAX ADMINISTRATION; SUBCHAPTER O. TEXAS JOBS, ENERGY, TECHNOLOGY AND INNOVATION PROGRAM. These new sections implement the Texas Jobs, Energy, Technology and Innovation Act to comply with Government Code, Subchapter T, Chapter 403, which was enacted by House Bill 5, 88th Legislature, R.S., 2023. The new sections will be located in Chapter 9 (Property Tax Administration), new Subchapter O (Texas Jobs, Energy, Technology and Innovation Program). Effective date: January 16, 2024.
