REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Health and Human Services Commission

Title 1, Part 15

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:

Chapter 363, Texas Health Steps Comprehensive Care Program

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 363, Texas Health Steps Comprehensive Care Program, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 363" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the chapter being reviewed will not be published, but may be found in Title 1, Part 15, of the Texas Administrative Code on the Secretary of State’s website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400397

Jessica Miller

Director, Rules Coordination Office

Texas Health and Human Services Commission

Filed: February 1, 2024


Texas Department of Housing and Community Affairs

Title 10, Part 1

The Texas Department of Housing and Community Affairs (the Department) files this notice of rule review for 10 TAC Chapter 10, Uniform Multifamily Rules, Subchapter F, Compliance Monitoring, §10.617, Affirmative Marketing Requirements. The purpose of the proposed action is to conduct a rule review in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.

At this time, the Department has determined that there continues to be a need for this rule, which is to have rules in effect that specify the applicability of affirmative marketing on Department monitored developments and provides a rule citation for where to seek more specific information. The Department has also determined that no changes to this rule as currently in effect are necessary. This rule proposed for readoption will be noted in the Texas Register's Review of Agency Rules section without publication of the text.

REQUEST FOR PUBLIC COMMENT. All comments or questions in response to this notice of rule review may be submitted in writing from February 23, 2024 through March 23, 2024. Comments may be submitted by email to Brooke Boston, Texas Department of Housing and Community Affairs, at bboston@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. Austin local time, March 23, 2024.

TRD-202400451

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 6, 2024


Department of State Health Services

Title 25, Part 1

The Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 2, Emergency Preparedness

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 2, Emergency Preparedness, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 2" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 25, Part 1, of the Texas Administrative Code or on the Secretary of State’s website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400394

Jessica Miller

Director, Rules Coordination Office

Department of State Health Services

Filed: February 1, 2024


The Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 27, Case Management for Children and Pregnant Women

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 27, Case Management for Children and Pregnant Women, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 27" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 25, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400398

Jessica Miller

Director, Rules Coordination Office

Department of State Health Services

Filed: February 1, 2024


The Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 98, Texas HIV Medication Program

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 98, Texas HIV Medication Program, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 98" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 25, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400379

Jessica Miller

Director, Rules Coordination Office

Department of State Health Services

Filed: January 31, 2024


Health and Human Services Commission

Title 26, Part 1

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 275, Consumer Managed Personal Attendant Services (CMPAS) Program

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 275, Consumer Managed Personal Attendant Services (CMPAS) Program, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 275" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400399

Jessica Miller

Director, Rules Coordination Office

Health and Human Services Commission

Filed: February 1, 2024


Texas Forensic Science Commission

Title 37, Part 15

The Texas Forensic Science Commission (Commission) files this notice of its intent to review 37 Texas Administrative Code Chapter 651, DNA, CODIS, Forensic Analysis, and Crime Laboratories, Subchapters A, B, C and D. The review is conducted in accordance with Government Code § 2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During the review, the Commission will assess whether the reasons for initially adopting the rules continue to exist and whether the rules should be repealed, readopted, or readopted with amendments.

For 30 days following the publication of this notice, the Commission will accept public comments regarding the review. Please direct comments to Leigh Tomlin, Associate General Counsel, Texas Forensic Science Commission, 1700 North Congress Avenue, Suite 445, Austin, Texas 78701 or by email at Leigh.tomlin@fsc.texas.gov.

Any proposed changes to these rules, as a result of the review, will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to possible final adoption.

TRD-202400392

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Filed: January 31, 2024


Department of Aging and Disability Services

Title 40, Part 1

The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 46, Contracting to Provide Assisted Living and Residential Care Services

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 46, Contracting to Provide Assisted Living and Residential Care Services, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 46" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the chapter being reviewed will not be published, but may be found in Title 40, Part 1, of the Texas Administrative Code on the Secretary of State's website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400401

Jessica Miller

Director, Rules Coordination Office

Department of Aging and Disability Services

Filed: February 1, 2024


The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 58, Contracting to Provide Special Services to Persons with Disabilities

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 58, Contracting to Provide Special Services to Persons with Disabilities, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 58" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the chapter being reviewed will not be published, but may be found in Title 40, Part 1, of the Texas Administrative Code on the Secretary of State’s website at State Rules and Open Meetings (www.sos.texas.gov).

TRD-202400402

Jessica Miller

Director, Rules Coordination Office

Department of Aging and Disability Services

Filed: February 1, 2024


Adopted Rule Reviews

Health and Human Services Commission

Title 26, Part 1

The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 302, IDD-BH Training

Notice of the review of this chapter was published in the December 22, 2023, issue of the Texas Register (48 TexReg 8004). HHSC received no comments concerning this chapter.

HHSC has reviewed Chapter 302 in accordance with §2001.039 of the Texas Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 302. Any amendments or repeals to Chapter 302 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.

This concludes HHSC's review of 26 TAC Chapter 302 as required by the Texas Government Code, §2001.039.

TRD-202400411

Jessica Miller

Director, Rules Coordination Office

Health and Human Services Commission

Filed: February 2, 2024


The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 321, Substance Use Services

Notice of the review of this chapter was published in the December 15, 2023, issue of the Texas Register (48 TexReg 7620). HHSC received no comments concerning this chapter.

HHSC has reviewed Chapter 321 in accordance with §2001.039 of the Texas Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 321. Any amendments or repeals to Chapter 321 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.

This concludes HHSC's review of 26 TAC Chapter 321 as required by the Texas Government Code, §2001.039.

TRD-202400435

Jessica Miller

Director, Rules Coordination Office

Health and Human Services Commission

Filed: February 5, 2024


The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 990, Anatomical Gift

Notice of the review of this chapter was published in the December 15, 2023, issue of the Texas Register (48 TexReg 7620). HHSC received no comments concerning this chapter.

HHSC has reviewed Chapter 990 in accordance with §2001.039 of the Texas Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 990. Any amendments or repeals to Chapter 990 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.

This concludes HHSC's review of 26 TAC Chapter 990 as required by the Texas Government Code §2001.039.

TRD-202400490

Jessica Miller

Director, Rules Coordination Office

Health and Human Services Commission

Filed: February 7, 2024