Texas Register Spotlight – January 19 & January 26 Editions

Below is a spotlight on proposed and adopted rules from the January 19 and January 26 editions of the Texas Register.

Education:

Teacher Retirement System of Texas

Adopted Rules

• CHAPTER 31. EMPLOYMENT AFTER RETIREMENT; SUBCHAPTER A. GENERAL PROVISIONS AND PROCEDURES. The Teacher Retirement System of Texas adopted these amendments so that each provision conforms with the statutory language under Government Code §824.601 that triggers the next stage of notice or forfeiture for a retiree when TRS issues, rather than when the retiree receives, a warning. Effective Date: February 1, 2024.

Texas Higher Education Coordinating Board

Proposed Rules

• CHAPTER 1. AGENCY ADMINISTRATION; SUBCHAPTER G. APPLY TEXAS ADVISORY COMMITTEE. Amendment concerns the Authority and Specific Purposes of the Apply Texas Advisory Committee, and will change the reference to rule 4.11, to the correct rule 4.10. The public comment period ends February 25, 2024.
• CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS. Will align the rule with the General Appropriations Act, House Bill 1, Article III, Section 9 (88th Legislature, Regular Session), Cost Recovery for the Common Application Form, which provides the Coordinating Board with the authority to recover costs related to the common application form for each general academic institution, each participating public two-year institution, and each participating independent institution. The public comment period ends February 25, 2024.
• CHAPTER 7. DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS. Proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 7, Subchapter A, §7.8, concerning Institutions Not Accredited by a Board-Recognized Accreditor. Specifically, this amendment will identify specific Board-approved required Certificate of Authority fees in rule. The public comment period ends February 25, 2024.
• CHAPTER 10. GRANT PROGRAMS; SUBCHAPTER RR. TEXAS INNOVATIVE ADULT CAREER EDUCATION (ACE) GRANT PROGRAM. This new subchapter provides information necessary for the implementation and administration of the Program to develop, support, or expand program of eligible nonprofit workforce intermediary and job training organizations and of eligible nonprofit organizations providing job training to veterans and low-income students prepare to enter high demand and higher earning occupations. Negotiated rulemaking was used in the development of these proposed rules. Reports of negotiated rulemaking committees are public information and are available upon request from the Coordinating Board. New sections will outline the authority, purpose, definitions, eligibility, application process, evaluation, grant awards, reporting requirements, and additional requirements which are necessary to administer the Texas Innovative Adult Career Education Grant Program. The public comment period ends February 25, 2024.
• CHAPTER 12. OPPORTUNITY HIGH SCHOOL DIPLOMA PROGRAM. The Coordinating Board proposes the establishment of the Opportunity High School Diploma Program rule framework to provide an alternative means by which an adult student who has dropped or stopped out of high school is able to enroll in a career and technical education program at a public junior college and may earn a high school diploma through concurrent enrollment. The proposed new rules provide clarity and guidance to students, participating institutions, and the Coordinating Board staff for the program’s implementation. Specifically, these new sections will outline the authority and purpose, definitions, program design and administration, program requirements, institutional and student eligibility, program approval process, required reporting, and funding necessary to administer the Opportunity High School Diploma Program. The public comment period ends February 25, 2024.
• CHAPTER 13. FINANCIAL PLANNING; SUBCHAPTER N. TEXAS RESKILLING AND UPSKILLING THROUGH EDUCATION (TRUE) GRANT PROGRAM. The Texas Higher Education Coordinating Board (Coordinating Board) proposes an amendment to Texas Administrative Code, Title 19, Part 1, Chapter 13, Subchapter N, §13.406, concerning the review process for the Texas Reskilling and Upskilling Through Education (TRUE) Grant Program. Specifically, this amendment will add employers to the list of workforce stakeholders that can partner with eligible institutions to analyze job postings and identify employers hiring roles with skills developed by education and training programs funded by TRUE. TRUE grant applications that indicate this kind of workforce stakeholder partnership will be given preference in application review. The proposed amendment is identical to an amendment made to the TRUE Grant Program during the 88th Legislative Session (R). The Coordinating Board is authorized by Texas Education Code, Chapter 61, Subchapter T-2, §§61.882(b)1-866, which provides the authority to administer the TRUE Grant Program in accordance with the subchapter and rules adopted under the subchapter. The public comment period ends February 25, 2024.
• CHAPTER 21. STUDENT SERVICES. Amendment provides greater clarity regarding deadlines for tuition and mandatory fee collection and measures to extend the time available for a student to make tuition and mandatory fee payments at public institutions of higher education, while still being included in the institution’s student count for formula funding. Institutions of higher education establish their own procedures for collecting discretionary (optional) fees, which do not impact the institution’s student count for formula funding. The public comment period ends February 25, 2024.
• CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS; SUBCHAPTER D. TEXAS PUBLIC EDUCATIONAL GRANT AND EMERGENCY TUITION, FEES, AND TEXTBOOK LOAN PROGRAMS. Amendment will remove the requirement for the Coordinating Board to collect and maintain copies of guidelines submitted by public institutions for the administration of the TPEG program on their campuses. The public comment period ends February 25, 2024.
• CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS; SUBCHAPTER J. MATH AND SCIENCE SCHOLARS LOAN REPAYMENT PROGRAM. Amendment will redefine Coordinating Board terminology used throughout the subchapter, expand program eligibility to math and science teachers working in any Texas public school, remove award amount limitations based on service location, and clarify which loans can be considered when determining repayment eligibility. The public comment period ends February 25, 2024.

Health Care:

Texas Health and Human Services Commission

Proposed Rules

• CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES; SUBCHAPTER B. ADVISORY COMMITTEES. The purpose of the proposal is to extend the TBIAC’s abolition date; make revisions to ensure the rule meets the HHSC standards for its advisory committee rules, correct formatting, punctuation, and grammar, and update provisions to adhere to the Open Meetings Act. These amendments will also clarify member terms, outline reimbursement for specific membership categories travel expenses, and completion of required training. The public comment period ends February 25, 2024.
• CHAPTER 382. WOMEN’S HEALTH SERVICES. The primary purpose of the proposal is to update eligibility and other Medicaid requirements in the Healthy Texas Women (HTW) program to describe the agency’s compliance with the HTW Section 1115 Demonstration that was approved by the Centers for Medicare and Medicaid Services on January 22, 2020, and transitioned the majority of the program into Medicaid. Another purpose of the proposal is to comply with Texas Health and Safety Code §32.102, added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019, which requires HHSC to provide enhanced postpartum care services, called HTW Plus, to eligible clients. Another purpose of the proposal is to comply with Texas Health and Safety Code §31.018, also added by S.B. 750, to include a requirement for women in HTW to receive referrals to the Primary Health Care Services Program. Another purpose of the proposal is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP. The public comment period ends February 25, 2024.

Adopted Rules

• CHAPTER 353. MEDICAID MANAGED CARE; SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES. The amendment modifies the eligibility criteria for non-state government-owned nursing facilities. The amendment also requires a non-state government-owned nursing facility eligible to participate in QIPP due to an active partnership, to produce certain documentation in connection with the enrollment application that demonstrates an active partnership between the nursing facility and the governmental entity exists. The amendment also modifies the funding allocations and frequency of QIPP payment distributions beginning in state fiscal year 2025. Effective Date: January 30, 2024.
• CHAPTER 353. MEDICAID MANAGED CARE; SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES. The purpose of the adoption is to pursue modifications to the Rural Access to Primary and Preventive Services (RAPPS) to simplify the program structure, provide additional details concerning certain enrollment-related processes and procedures, and reduce the administrative burden of operating the program for HHSC and participating providers. The adopted amendment determines the network status of an enrolling provider for an entire program period based on the submission of supporting documentation at the time of enrollment. Effective Date: January 25, 2024.

Department of State Health Services

Proposed Rules

• CHAPTER 157. EMERGENCY MEDICAL CARE. The purpose of the proposal is to update the content and processes with the advances, evidence-based practices, and system processes that have developed since trauma systems rules were adopted. The rules also require updates since legislation has been passed since the rules were adopted. The public comment period ends February 18, 2024.
• CHAPTER 229. FOOD AND DRUG. The purpose of the proposal is to update definitions, citations, and other language in 25 TAC Chapter 229, Subchapters U and Z due to the 2021 adoption-by-reference of the 2017 U.S. Food and Drug Administration Food Code in 25 TAC Chapter 228, Retail Food Establishments. The proposal also removes references to “child care center” in §§229.371, 229.372, and 229.471 since permitting and inspections of food service operations of child care centers transferred to HHSC Regulatory Services Division. The public comment period ends February 18, 2024.

Adopted Rules

• CHAPTER 133. HOSPITAL LICENSING; SUBCHAPTER C. OPERATIONAL REQUIREMENTS. The new section is necessary to implement House Bill (H.B.) 1890, 88th Legislature, Regular Session, 2023. H.B. 1890 amended Texas Health and Safety Code (HSC) Chapter 241 by adding new Subchapter M to allow a licensed hospital to operate a hospital at home program with approval from the Centers for Medicare and Medicaid Services (CMS) and HHSC. Effective Date: January 25, 2024.

Insurance:

Texas Department of Insurance

Adopted Rules

• CHAPTER 5. PROPERTY AND CASUALTY INSURANCE; SUBCHAPTER E. TEXAS WINDSTORM INSURANCE ASSOCIATION. HB 3310 requires the commissioner to adopt rules that establish a time period for an appraisal demanded under Insurance Code §2210.574. The amendments are necessary to establish the required deadline. Amendments to subsections (a)(2) and (b)(1) insert the titles of cited Insurance Code sections. The amendments also add new subsections (e), (f), (j), (k), and (m). The other subsections are redesignated as appropriate to reflect the addition of these new subsections. Effective Date: January 22, 2024.

Environment:

Texas Commission on Environmental Quality

Proposed Rules

• CHAPTER 116. CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION; SUBCHAPTER B. NEW SOURCE REVIEW PERMITS. This proposed rulemaking will amend the language in 30 TAC §116.150(e) to clarify that the currently effective NOX exemption for the El Paso nonattainment area applies only for the 1979 one-hour ozone standard, in accordance with EPA’s approval of the NOX waiver. The 2015 eight-hour ozone nonattainment designation is no longer effective in the El Paso County area; thus, NNSR is no longer required for the 2015 eight-hour ozone standard. Although the 1979 one-hour ozone NAAQS has been revoked, states must continue to implement applicable requirements unless their removal is approved by EPA. The public comment period ends February 25, 2024.
• CHAPTER 311. WATERSHED PROTECTION; SUBCHAPTER H. REGULATION OF QUARRIES IN THE JOHN GRAVES SCENIC RIVERWAY. The proposed amendment to Subchapter H expands the permitting and financial assurance requirements for quarries to the new Coke Stevenson Scenic Riverway water quality protection area, continues the requirements in the John Graves Scenic Riverway water quality protection area, and extends the expiration date of the pilot program to September 1, 2027. The public comment period ends February 25, 2024.

Wildlife:

Texas Parks and Wildlife

Adopted Rules

• CHAPTER 65. WILDLIFE. The change to §65.95, concerning Movement of Breeder Deer, removes proposed subsection (b)(1)(C). The provision would have established a six-month residency requirement for breeder deer as a condition for eventual transfer to another breeding facility or release facility. The change to §65.98, concerning Transition Provisions, alters subsection (b) as proposed to remove provisions that mirror the provisions of current §65.99(e), concerning Breeding Facilities Epidemiologically Connected to Deer Infected with CWD; Positive Deer Breeding Facilities. The change to §65.611, concerning Prohibited Acts, removes proposed new subsections (l) and (m), which reproduced the provisions of Parks and Wildlife Code, §43.3561, and provided for a defense to prosecution for persons who remove ear tags from deer following lawful hunting. The rules as adopted will function collectively to refine surveillance efforts as part of the agency’s effort to manage chronic wasting disease (CWD). Effective Date: January 18, 2024.

Property Tax:

Comptroller of Public Accounts:

Adopted Rules

• CHAPTER 9. PROPERTY TAX ADMINISTRATION; SUBCHAPTER I. VALUATION PROCEDURES. The new section replaces existing §9.4201, concerning definition of petroleum products, which the comptroller is repealing to improve the clarity and organization of Subchapter I. The comptroller adopts the new section under Tax Code, §5.03 (Powers and Duties Generally), which provides the comptroller with the authority to adopt rules establishing minimum standards for the administration and operation of an appraisal district. Effective Date: February 1, 2024.