TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 3. ADVISORY COMMITTEES, COUNCILS, AND BOARDS
25 TAC §3.1The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §3.1, concerning Texas School Health Advisory Committee.
BACKGROUND AND PURPOSE
The purpose of the proposal is to improve public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The Texas School Health Advisory Committee (TSHAC) rule is being repealed from 25 TAC Chapter 37 and proposed as new in 25 TAC Chapter 3. The repeal is proposed elsewhere in this issue of the Texas Register . The rule is updated to align with the Health and Human Services (HHS) advisory committee rule template and is substantially similar to the rule proposed for repeal.
Additionally, the proposal aligns the rule with statute and Executive Order No. GA-55, issued January 31, 2025.
SECTION-BY-SECTION SUMMARY
A new chapter 3 is proposed titled Advisory Committees, Councils, and Boards.
Proposed new §3.1(a), (b), and (c) provide the applicable statutes governing the TSHAC, its purpose, and tasks the TSHAC performs.
Proposed new §3.1(d) provides the requirements for submitting annual written reports and posting TSHAC meeting dates and meeting dates for any subcommittees.
Proposed new §3.1(e) provides the meeting, frequency, and quorum requirements.
Proposed new §3.1(f) describes the required number and composition of the members.
Proposed new §3.1(g) describes how the officers are elected, terms of office, and responsibilities of the officers.
Proposed new §3.1(h) describes the required training for members.
Proposed new §3.1(i) describes the travel reimbursement policy.
Proposed new §3.1(j) provides when TSHAC is abolished.
FISCAL NOTE
Christy Havel-Burton, DSHS Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of DSHS employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to DSHS;
(5) the proposed rule will create a new regulation;
(6) the proposed rule will expand existing regulation;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel-Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not apply to small or micro-businesses or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner, Office of Policy and Rules, has determined that for each year of the first five years the rule is in effect, the public benefit will be improved access to uniformly formatted DSHS advisory committee, council, and board rules located in a single chapter. The proposal also ensures that the rule aligns with statute and Executive Order No. GA-55, issued January 31, 2025.
Christy Havel-Burton has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the rule applies only to DSHS.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R028" in the subject line.
STATUTORY AUTHORITY
The new rule is authorized by Texas Health and Safety Code §1001.0711, which provides that the executive commissioner will establish the School Health Advisory Committee at the department by rule; Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Health and Safety Code §1001.075, which authorizes the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The new rule affects Texas Government Code §524.0151 and Texas Health and Safety Code Chapter 1001.
§
3.1.
(a) Statutory authority. The Texas School Health Advisory Committee (committee) must be appointed under and governed by this section. The committee is subject to Texas Health and Safety Code §1001.0711, Texas Government Code §523.0201, and Texas Education Code §38.104(c). Texas Government Code §2110.008 does not apply to a committee created under this section.
(b) Purpose. The committee advises the executive commissioner and provides assistance in establishing a leadership role for the Department of State Health Services (DSHS) in support for and delivery of coordinated school health programs and school health services.
(c) Tasks. The committee performs the following tasks:
(1) provides assistance in establishing a leadership role for DSHS in support for the delivery of coordinated school health programs and school health services;
(2) reviews the analysis of the required student physical fitness assessment adopted by the Texas Education Agency (TEA);
(3) develops recommendations as outlined in Texas Education Code §38.104(c); and
(4) adopts bylaws to guide the operation of the committee.
(d) Reporting requirements. The committee must file an annual written report of the committee's activities to the commissioner. The committee must post the meeting dates of the committee and any subcommittees, meeting agendas, and meeting minutes on DSHS website at dshs.texas.gov.
(e) Meetings.
(1) Open meetings. Meetings must be announced and conducted in accordance with the Open Meetings Act, Texas Government Code Chapter 551. A meeting may be called by DSHS, the presiding officer, or at least three members of the committee. DSHS must make meeting arrangements and must contact committee members to determine availability for a meeting date and place. Each member of the committee must be informed of a committee meeting at least ten business days before the meeting. The agenda for each committee meeting must include an agenda item for public comment allowing any person to address the committee on matters relating to committee business. The presiding officer may establish procedures for public comment, including a time limit on each comment.
(2) Frequency. The committee must meet at least twice each year.
(3) Quorum. A simple majority of the committee will constitute a quorum for the purpose of transacting official business. The committee is authorized to transact official business only when in a legally constituted meeting with a quorum present.
(f) Membership.
(1) The committee is composed of 20 voting members with 17 members appointed by the executive commissioner. The executive commissioner delegates the commissioner of state health services to appoint committee members. In selecting members to serve on the committee, DSHS considers the applicants' qualifications, background, interest in serving, and geographic location.
(A) Three members representing the following categories.
(i) At least one representative from the Texas Department of Agriculture, appointed by the Commissioner of Agriculture;
(ii) at least one representative from the TEA, appointed by the Commissioner of Education; and
(iii) the DSHS School Health Program Coordinator or other DSHS representative.
(B) Seventeen members representing the following categories.
(i) Two individuals representing school superintendents, school district board members, or other school administrators;
(ii) one registered nurse working in a school as a school nurse or school nurse administrator;
(iii) five consumer members who are parents of school-age children with at least one parent of a child with special needs;
(iv) one physician, or physician's assistant, or nurse practitioner currently providing health services to school-aged children;
(v) one representative working in a school as a school counselor with certification as a school counselor;
(vi) four members representing a nonprofit or not-for-profit entity directly working with schools or school-aged children to support student learning, development, mental health, substance abuse, and health-related activities with no more than one member representing an institution of higher education;
(vii) one representative working in a school as a physical educator or physical education administrator with certification as a physical educator;
(viii) one representative working in a school as a health educator or health education administrator with certification as a health educator; and
(ix) one representative working in the school setting as part of the district's school nutrition program.
(2) In an effort to build a committee reflective of the current Texas population, special consideration will be given to:
(A) urban, rural, and suburban diversity; and
(B) a broad statewide geographic representation whenever possible.
(3) Membership appointments must include one alternate member for each appointed position. The alternate will automatically be appointed as a member if the primary appointee is unable or unwilling to fulfill the position; or, whenever there is a vacancy. The alternate will perform the same duties and have the same privileges once appointed as a member to fulfill the unexpired term.
(4) The term of office of each member is four years. Members must serve after expiration of their term until a replacement is appointed.
(A) Members are appointed for staggered four-year terms so the terms of an equal or almost equal number of members expire on July 31 of each year.
(B) A member whose term is expiring has the option to apply for appointment for one additional term.
(C) This subsection does not apply to agency representative members, who do not have term durations or limits and serve while remaining in the agency position.
(g) Officers. The committee elects a presiding officer and an assistant presiding officer from among its members to begin serving a two-year term on August 1 of their term.
(1) Each officer must serve until July 31 of their two-year term.
(2) The presiding officer must attend in-person at all committee meetings, call meetings in accordance with this section, and appoint subcommittees of the committee, as necessary. The presiding officer may serve as an ex-officio member of any subcommittee of the committee.
(3) The assistant presiding officer must act for the presiding officer during the presiding officer's absence and must assume the duties of the presiding officer in the event of a vacancy.
(4) If the assistant presiding officer position becomes vacant, it may be filled by a vote of the committee.
(5) A member may serve no more than two terms as an officer.
(6) The committee may reference its officers by other titles, such as chairperson and vice-chairperson.
(h) Required training. Each member must complete training on relevant statutes and rules, including this section and Texas Government Code Chapters 551, 552, and 2110; the Health and Human Services (HHS) Ethics Policy; the Advisory Committee Member Code of Conduct; and other relevant HHS policies. Training will be provided by DSHS.
(i) Travel reimbursement. To the extent permitted by the current General Appropriations Act, a member of the committee may be reimbursed for their travel to and from meetings if funds are appropriated and available and in accordance with the HHS Travel Policy.
(1) No compensatory per diem will be paid to members unless required by law.
(2) A committee member who is an employee of a state agency, other than DSHS, may not receive reimbursement for expenses from DSHS.
(3) Each member who is eligible to be reimbursed for expenses must submit to DSHS staff the member's receipts for allowable expenses as determined by school health program guidelines, and any required official forms, no later than 14 days after each committee meeting.
(4) Requests for reimbursement of expenses must be made on official state vouchers prepared by DSHS.
(j) Date of abolition. The committee is required by statute and will continue as long as the state law that requires it remains in effect.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501744
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 31. NUTRITION SERVICES
SUBCHAPTER
B.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §31.11, concerning Definitions; and §31.12, concerning Program Administration.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal the rules in Texas Administrative Code, Title 25, Chapter 31, Nutrition Services, Subchapter B, Farmers' Market Nutrition Program. The Farmers' Market Nutrition Program is no longer administered by HHSC as the program was transferred to the Texas Department of Agriculture.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the repeals does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal an existing regulation;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R023" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
31.11.
§
31.12.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501781
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER
R.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §37.350, concerning Texas School Health Advisory Committee.
BACKGROUND AND PURPOSE
The purpose of the proposal is to improve public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The Texas School Health Advisory Committee rule is being repealed from 25 TAC Chapter 37 and proposed as new in 25 TAC Chapter 3. The new rule is updated to align with the HHS advisory committee rule template. The proposal also aligns the rule with statute and Executive Order No. GA-55, issued January 31, 2025. The new rule proposed elsewhere in this issue of the Texas Register is substantially similar to the rule proposed for repeal.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §37.350 removes it from 25 TAC Chapter 37 and the new rule is proposed in 25 TAC Chapter 3.
FISCAL NOTE
Christy Havel-Burton, DSHS Chief Financial Officer, has determined that for each year of the first five years that the repeal will be in effect, enforcing or administering the repeal does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeal will be in effect:
(1) the proposed repeal will not create or eliminate a government program;
(2) implementation of the proposed repeal will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeal will result in no assumed change in future legislative appropriations;
(4) the proposed repeal will not affect fees paid to DSHS;
(5) the proposed repeal will not create a new regulation;
(6) the proposed repeal will repeal existing regulation;
(7) the proposed repeal will not change the number of individuals subject to the rule; and
(8) the proposed repeal will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel-Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeal does not apply to small or micro-businesses or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeal will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this repeal because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner, Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public benefit will be improved access to uniformly formatted DSHS advisory committee, council, and board rules located in a single chapter.
Christy Havel-Burton has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the repeal applies only to DSHS.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R028" in the subject line.
STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The repeal affects Texas Government Code §524.0151 and Texas Health and Safety Code Chapter 1001.
§
37.350.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501743
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 117. END STAGE RENAL DISEASE FACILITIES
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 117 in Texas Administrative Code (TAC) Title 25, which consists of §§117.1, 117.2, 117.11 - 117.19, 117.31 - 117.33, 117.41 - 117.49, 117.61 - 117.65, and 117.81 - 117.86
BACKGROUND AND PURPOSE
The purpose of this proposal is to repeal 25 TAC Chapter 117, End Stage Renal Disease Facilities, Subchapters A - F. The proposed repeal allows similar and updated new rules to be proposed in 26 TAC Chapter 507, End Stage Renal Disease Facilities. The new rules are proposed elsewhere in this issue of the Texas Register . 25 TAC Chapter 117, Subchapters G and H were administratively transferred to 26 TAC 507, Subchapters Y and Z.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the proposed repeal will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will not create a new regulation;
(6) the proposed rules will repeal existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there may be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the proposal, as they will not be required to alter their current business practices.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas.
PUBLIC BENEFIT AND COSTS
Stephen Pahl, Deputy Executive Commissioner for Regulatory Services, has determined that for each year of the first five years the repeal is in effect, the public benefit will be more accurate and up-to-date rule language, updated statutory and rule references, greater clarity and accuracy of the end stage renal disease facility rules, improved organization and readability, and greater consistency with existing statutes and HHSC rules.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals, as they will not be required to alter their current business practices.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R077" in the subject line.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §524.0005, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeals implement Texas Government Code §524.0005 and Texas Health and Safety Code Chapter 251.
§
117.1.
§
117.2.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501769
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-4591
SUBCHAPTER
B.
The repeals are authorized by Texas Government Code §524.0005, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeals implement Texas Government Code §524.0005 and Texas Health and Safety Code Chapter 251.
§
117.11.
§
117.12.
§
117.13.
§
117.14.
§
117.15.
§
117.16.
§
117.17.
§
117.18.
§
117.19.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501770
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-4591
SUBCHAPTER
C.
The repeals are authorized by Texas Government Code §524.0005, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeals implement Texas Government Code §524.0005 and Texas Health and Safety Code Chapter 251.
§
117.31.
§
117.32.
§
117.33.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501771
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-4591
SUBCHAPTER
D.
The repeals are authorized by Texas Government Code §524.0005, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeals implement Texas Government Code §524.0005 and Texas Health and Safety Code Chapter 251.
§
117.41.
§
117.42.
§
117.43.
§
117.44.
§
117.45.
§
117.46.
§
117.47.
§
117.48.
§
117.49.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501772
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-4591
SUBCHAPTER
E.
The repeals are authorized by Texas Government Code §524.0005, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeals implement Texas Government Code §524.0005 and Texas Health and Safety Code Chapter 251.
§
117.61.
§
117.62.
§
117.63.
§
117.64.
§
117.65.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501773
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-4591
SUBCHAPTER
F.
The repeals are authorized by Texas Government Code §524.0005, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and Texas Health and Safety Code §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeals implement Texas Government Code §524.0005 and Texas Health and Safety Code Chapter 251.
§
117.81.
§
117.82.
§
117.83.
§
117.84.
§
117.85.
§
117.86.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501774
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-4591
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER
T.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of 25 Texas Administrative Code (TAC) Chapter 229, Subchapter T, concerning Licensure of Tanning Facilities, which consists of §§229.341 - 229.357.
BACKGROUND AND PURPOSE
The purpose of the proposal is to comply with Health and Safety Code Chapter 145 as amended by Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session, 2015. S.B. 202 is related to the transfer of certain occupational regulatory programs and the deregulation of certain activities and occupations. S.B. 202 amended certain provisions in Health and Safety Code Chapter 145, relating to the licensing and regulation of tanning facilities, including the removal of the requirement to license. The requirement for DSHS to license tanning facilities no longer exists; Subchapter T is being repealed.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§229.341 - 229.357 deletes the rules as no longer necessary because the requirement for DSHS to license tanning facilities no longer exists.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the repeals does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of DSHS employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to DSHS;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will decrease the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because these small businesses are no longer required to be licensed.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to the repeals because the repeals reduce the burden or responsibilities imposed on regulated persons, are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules, and the repeals do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Timothy Stevenson, Deputy Commissioner, Consumer Protection Division, has determined that for each year of the first five years the repeals are in effect, the public benefit will be improved by conforming to statute and removal of unnecessary rules from the TAC.
Christy Havel Burton has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because these facilities are no longer required to be licensed by DSHS.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R019" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001; and Health and Safety Code §431.241.
The repeals affect Texas Government Code §524.0151 and Texas Health and Safety Code Chapter 1001.
§
229.341.
§
229.342.
§
229.343.
§
229.344.
§
229.345.
§
229.346.
§
229.347.
§
229.348.
§
229.349.
§
229.350.
§
229.351.
§
229.352.
§
229.353.
§
229.354.
§
229.355.
§
229.356.
§
229.357.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501741
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 834-6755
CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§417.1, concerning Purpose; 417.2, concerning Application; 417.3, concerning Compliance with Nondiscrimination Laws; 417.6, concerning Assignment and Use of Pooled Vehicles; 417.7, concerning Inscription on State Vehicles; 417.9, concerning Material Safety Data Sheets; 417.14, concerning Non-Commercial Groups; 417.23, concerning Unauthorized Departures That May Have Unusual Consequences; 417.27, concerning Depositing Department Funds; 417.29, concerning Benefit Funds: Use and Control; 417.33, concerning Mail for Staff Residing On Campus; 417.34, concerning Commercial Solicitation on Grounds; 417.509, concerning Peer Review; 417.514, concerning TDMHMR Administrative Responsibilities; 417.516, concerning Exhibits; 417.517, References; and 417.518, concerning Distribution.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal certain rules in Chapter 417, as the rules are no longer necessary. During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Texas Department of State Health Services, including client services, certain regulatory functions, and the operation of state hospitals, transferred to the HHSC.
These rules are duplicative of agency rules located in Texas Administrative Code, Title 26, Chapters 910, 926 and 930 and agency policies.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the repeals does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal an existing regulation;
(7) the proposed repeals will not change the number of individuals subject to the rule; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The repeals do not apply to small or micro-businesses or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed repeals will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these repeals because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner for the Office of Policy and Rules, has determined that for each year of the first five years the repeals are in effect, the public benefit will be removal of unnecessary rules from the Texas Administrative Code.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the rules will be removed.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R023" in the subject line.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
417.1.
§
417.2.
§
417.3.
§
417.6.
§
417.7.
§
417.9.
§
417.14.
§
417.23.
§
417.27.
§
417.29.
§
417.33.
§
417.34.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501782
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 221-9021
SUBCHAPTER
K.
STATUTORY AUTHORITY
The repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
417.509.
§
417.514.
§
417.516.
§
417.517.
§
417.518.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 21, 2025.
TRD-202501783
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: July 6, 2025
For further information, please call: (512) 221-9021