Texas Register July 24, 2025 Volume: 50 Number: 30

Texas Register Table of Contents

1 Texas Department of State Health Services
2 Texas Health and Human Services Commission
3 Department of Aging and Disability Services
- - 3.0.1 Adopted Rules Re:
4 Department of Assistive and Rehabilitative Services
- - 4.0.1 Adopted Rules Re:

Texas Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §§13.81 – 13.87, to broaden the language to ensure program rules are not more restrictive than the statute.

CHAPTER 13. HEALTH PLANNING AND RESOURCE DEVELOPMENT
SUBCHAPTER G. WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM
25 TAC §§13.81 – 13.87

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §13.81, concerning Purpose; §13.82, concerning Definitions; §13.83, concerning Grant Application Procedures; §13.84, concerning Program Funding and Award Amounts; §13.85, concerning Award Criteria and Selection for Funding; §13.86, concerning General Information; and §13.87, concerning Reporting.

BACKGROUND AND PURPOSE

The purpose of the proposal is to broaden language to ensure program rules are not more restrictive than statute. Throughout the rules, the term “Request for Applications” is replaced with the more general term “solicitation.” The proposed amendments remove requirements for “short-term and long-term” performance measures and remove language related to priority selection, which will instead be defined in each solicitation. The amendments improve flexibility in implementation of the grant program and increase accessibility to grant funds for health care facilities. Additionally, amendments reflect rule writing standards and plain language expectations to ensure clarity and readability.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §13.81, concerning Purpose, deletes subsection (b) and the section is subsequently reformatted.

The proposed amendment to §13.82, concerning Definitions, replaces wording, adds “HSC” as an acronym, and revises paragraph (4) by adding new subparagraphs (A) – (D) for clarity.

The proposed amendment to §13.83, concerning Grant Application Procedures, adds the department will publish solicitations on its grant’s website and replaces wording throughout for clarity.

The proposed amendment to §13.84, concerning Program Funding and Award Amounts, adds the total funding available for the program depends on the amount of money transferred to the department from the Texas Board of Nursing to fund grants.

The proposed amendment to §13.85, concerning Award Criteria and Selection for Funding, removes the requirement for “short-term and long-term” performance measures, broadens the requirement for proposed performance metrics, and replaces wording throughout for clarity. It also removes language related to priority selection, which will instead be defined in each solicitation.

The proposed amendment to §13.86, concerning General Information, clarifies the department may cancel or suspend a grant solicitation at its discretion, and removes the acronyms, NOGA and RFA.

The proposed amendment to §13.87, concerning Reporting, replaces wording, adds language to clarify reporting requirements for grant recipients, and adds the department will publish the grant awards report on the department’s website.

Lastly, the amendments incorporate rule writing standards and plain language expectations.

Withdrawn Rules Re:

Withdrawing 25 TAC §97.62, to allow exclusions from compliance on an individual basis for specific reasons including medical contraindications, reasons of conscience, and active duty with the armed forces of the United States.

CHAPTER 97. COMMUNICABLE DISEASES
SUBCHAPTER B. IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION
25 TAC §97.62

OVERVIEW

The Department of State Health Services withdraws proposed amendments to §97.62 which appeared in the July 4, 2025, issue of the Texas Register (50 TexReg 3854).

Adopted Rules Re:

Adopting 25 TAC §3.1, to improve public access to DSHS advisory committee, council, and board rules by consolidating rules related to these bodies into a single chapter.

CHAPTER 3. ADVISORY COMMITTEES, COUNCILS, AND BOARDS
25 TAC §3.1

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §3.1, concerning Texas School Health Advisory Committee.

Section 3.1 is adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3357). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas School Health Advisory Committee (TSHAC) rule is repealed from 25 TAC Chapter 37 and relocated to 25 TAC Chapter 3. The reorganization improves public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The repeal is adopted in this issue of the Texas Register. The new rule is updated to align with the Health and Human Services advisory committee rule template and is substantially similar to the rule proposed for repeal. Additionally, the new rule aligns with statute and Executive Order No. GA-55, issued January 31, 2025.

Adopting 25 TAC §31.11, §31.12, to repeal the rules in Texas Administrative Code, Title 25, Chapter 31, Subchapter B because this program is no longer administered by HHSC.

CHAPTER 31. NUTRITION SERVICES
SUBCHAPTER B. FARMERS’ MARKET NUTRITION PROGRAM
25 TAC §31.11, §31.12

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter B, consisting of §31.11, concerning Definitions; and §31.12, concerning Program Administration.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3360). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of the rules in Subchapter B, Farmers’ Market Nutrition Program, is necessary. The Farmers’ Market Nutrition Program is no longer administered by HHSC as the program was transferred to the Texas Department of Agriculture.

Adopting 25 TAC §37.350, to repeal this section so that the new rule can be proposed in 25 TAC Chapter 3.

CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER R. ADVISORY COMMITTEES
25 TAC §37.350

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §37.350, concerning Texas School Health Advisory Committee.

The repeal of §37.350 is adopted with no changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3361). The repeal will not be republished.

BACKGROUND AND JUSTIFICATION

The Texas School Health Advisory Committee rule is repealed from 25 TAC Chapter 37 and relocated to 25 TAC Chapter 3. This reorganization improves public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The new rule is adopted in this issue of the Texas Register and is substantially similar to the rule that is repealed. The new rule is updated to align with the Health and Human Services advisory committee rule template and with statute and Executive Order No. GA-55, issued January 31, 2025.

Adopting 25 TAC §217.2, to adopt the revisions of the PMO, Procedures, Methods, and EML as a reference for milk and dairy farm, processor, and laboratory inspections and surveys.

CHAPTER 217. MILK AND DAIRY
SUBCHAPTER A. GRADE SPECIFICATIONS AND REQUIREMENTS FOR MILK
25 TAC §217.2

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §217.2, concerning Adopted Regulations and Standards for milk.

Section 217.2 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2889). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to comply with the current revision of the Pasteurized Milk Ordinance (PMO). This amendment is also necessary to comply with the current revision of three additional sets of federal standards and regulations which, like the PMO, are published as a joint effort between the United States Department of Health and Human Services (USDHHS), United States Food and Drug Administration (FDA), United States Public Health Service (USPHS), and National Conference of Interstate Milk Shipments (NCIMS).

The additional standards and regulations are entitled:

1) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments (Procedures);

2) Methods for Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Product Manufacturers (Methods); and

3) Evaluation of Milk Laboratories (EML).

Adopting 25 TAC §§417.1 – 417.3, 417.6, 417.7, 417.9, 417.14, 417.23, 417.27, 417.29, 417.33, 417.34, to repeal these rules.

CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER A. STANDARD OPERATING PROCEDURES
25 TAC §§417.1 – 417.3, 417.6, 417.7, 417.9, 417.14, 417.23, 417.27, 417.29, 417.33, 417.34

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, consisting 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; and, in Subchapter K, §417.509, concerning Peer Review; §417.514, concerning TDMHMR Administrative Responsibilities; §417.516, concerning Exhibits; §417.517, concerning References; and §417.518, concerning Distribution.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3366).These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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. The repeals are necessary to remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Texas Administrative Code, Title 26, Chapters 910, 926 and 930 and agency policies.

Adopting 25 TAC §§417.509, 417.514, 417.516 – 417.518, to repeal these rules.

CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
SUBCHAPTER K. ABUSE, NEGLECT, AND EXPLOITATION IN TDMHMR FACILITIES
25 TAC §§417.509, 417.514, 417.516 – 417.518

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3366).These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Texas Administrative Code, Title 26, Chapters 910, 926 and 930 and agency policies.

Adopting 25 TAC §448.101, to repeal Chapter 448 because it is obsolete.

CHAPTER 448. STANDARD OF CARE
SUBCHAPTER A. DEFINITIONS
25 TAC §448.101

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 448, consisting of §448.101, concerning Definitions.

Section 448.101 is adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3100). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal is necessary to remove an obsolete rule. Section 448.101 was adopted in 2004 to adopt by reference definitions originally located in Title 40, Chapter 141 that have since been repealed.

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 26 TAC §301.301, §301.303, to update terminology and provide new definitions.

CHAPTER 301. LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER G. COMMUNITY MENTAL HEALTH SERVICES STANDARDS
DIVISION 1. GENERAL PROVISIONS
26 TAC §301.301, §301.303

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §301.301, concerning Purpose and Application; §301.303, concerning Definitions; §301.321, concerning Leadership; §301.323, concerning Environment of Care and Safety; §301.327, concerning Access to Mental Health Community Services; §301.329, concerning Medical Records System; §301.331, concerning Competency and Credentialing; §301.333, concerning Quality Management; §301.335, concerning Utilization Management; §301.351, concerning Crisis Services; §301.353, concerning Provider Responsibilities for Treatment Planning and Service Authorization; §301.355, concerning Medication Services; §301.357, concerning Additional Standards of Care Specific to Mental Health Community Services for Children and Adolescents; §301.359, concerning Telemedicine Services; §301.361, concerning Documentation of Service Provision; and §301.363, concerning Supervision; and the repeal of §301.305, concerning Responsibility for Compliance, and §301.325, concerning Rights and Protection.

BACKGROUND AND PURPOSE

HHSC proposes to amend rules in the Texas Administrative Code (TAC) Title 26, Chapter 301, Subchapter G relating to Mental Health Community Services Standards. The main purpose of this proposal is to expand the allowable educational and experiential requirements for a Qualified Mental Health Professional-Community Services (QMHP-CS) credential.

The amendments will expand the QMHP-CS criteria to include non-human services degree programs if the applicant or employee has at least one year of experience as an intern or employee in a mental health or substance use program. The proposed changes intend to increase access to behavioral health services by expanding the mental health workforce.

The proposed rules update the list of persons and entities the rules apply to by adding local behavioral health authorities (LBHAs) and removing managed care organizations to align with current practice. These changes are reflected throughout Subchapter G.

Additionally, HHSC proposes amendments to clarify statutory requirements; add, remove, and update definitions; update Medicaid-related information; update and add cross-references; and make grammatical and editorial changes for understanding, accuracy, and uniformity to make the rules easier to read and understand.

SECTION-BY-SECTION SUMMARY

Division 1, General Provisions

The proposed amendment to §301.301 updates terminology to “community mental health services.” The proposed amendment also updates the list of persons and entities the chapter applies to. The proposed amendment also updates the TAC cross-references for accuracy.

The proposed amendment to §301.303 adds new definitions; revises definitions for clarification, consistency, and current terminology; aligns definitions with other rules; and removes definitions no longer needed or no longer used in Subchapter G. The definitions are renumbered as a result of these changes.

Amending 26 TAC §301.305, to repeal the rule because it contains inaccurate requirements and repetitive information.

CHAPTER 301. LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER G. MENTAL HEALTH COMMUNITY SERVICES STANDARDS
DIVISION 1. GENERAL PROVISIONS
26 TAC §301.305

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed repeal of §301.305 deletes the rule as no longer necessary because it contains inaccurate requirements and repetitive information found elsewhere in this subchapter.

Amending 26 TAC §§301.321, 301.323, 301.327, 301.329, 301.331, 301.333, 301.335, to clarify the scope of this section, update terminology and references, and remove unnecessary terminology.

CHAPTER 301. LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER G. COMMUNITY MENTAL HEALTH SERVICES STANDARDS
DIVISION 2. ORGANIZATIONAL STANDARDS
26 TAC §§301.321, 301.323, 301.327, 301.329, 301.331, 301.333, 301.335

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Division 2, Organizational Standards

The proposed amendment to §301.321 clarifies that the requirements of this section apply to LBHAs and updates terminology.

The proposed amendment to §301.323 clarifies that the local mental health authority (LMHA), LBHA, and provider must implement an infection control plan and procedures in accordance with applicable state and federal laws. The proposed amendment also reorders the subsections, removes unnecessary rule language, updates terminology, corrects for grammar, and updates TAC cross-references for accuracy.

The proposed amendment to §301.327 changes the title of this section from “Access to Mental Health Community Services” to “Access to Community Mental Health Services” to update for current terminology. The proposed amendment also updates terminology, corrects for grammar, and updates TAC cross-references for accuracy.

The proposed amendment to §301.329 clarifies that the maintenance of a written disaster recovery plan for information resources will ensure service continuity as required by applicable state and federal laws. The proposed amendment also removes unnecessary language and an outdated TAC cross-reference.

The proposed amendment to §301.331 clarifies in subsection (a) that this requirement applies to the competency of staff members and volunteers. The proposed amendment also revises subsection (d) to be consistent with the new QMHP-CS definition. The proposed amendment in new subsection (i) requires the LMHA, LBHA, and provider to comply with any applicable Medicaid requirements.

The proposed amendment to §301.333 updates terminology throughout the section.

The proposed amendment to §301.335 updates terminology, removes unnecessary language, and updates TAC cross-references for accuracy throughout the section.

Amending 26 TAC §301.325, to repeal the rule because it contains redundant requirements found in applicable state and federal laws.

CHAPTER 301. LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER G. MENTAL HEALTH COMMUNITY SERVICES STANDARDS
DIVISION 2. ORGANIZATIONAL STANDARDS
26 TAC §301.325

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed repeal of §301.325 deletes the rule as no longer necessary because it contains redundant requirements found in applicable state and federal laws; 26 TAC Chapter 301, Subchapter C, concerning Charges for Community Services; 26 TAC Chapter 301, Subchapter M, concerning Abuse, Neglect, and Exploitation in Local Authorities and Community Centers; and 26 TAC Chapter 320, Subchapter A, concerning Rights of Individuals Receiving Mental Health Services.

Amending 26 TAC §§301.351, 301.353, 301.355, 301.357, 301.359, 301.361, 301.363, to clarify crisis services providers’ documentation requirements, update terminology, remove unnecessary language, and remove redundant language.

CHAPTER 301. LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER G. COMMUNITY MENTAL HEALTH SERVICES STANDARDS
DIVISION 3. STANDARDS OF CARE
26 TAC §§301.351, 301.353, 301.355, 301.357, 301.359, 301.361, 301.363

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Division 3, Standards of Care

The proposed amendment to §301.351 clarifies that the provider of crisis services must maintain documentation of the individual’s name and any other identifiable health information in accordance with the Health Insurance Portability and Accountability Act. The proposed amendment also updates terminology, updates TAC cross-references for accuracy, and removes unnecessary language throughout the section.

The proposed amendment to §301.353 removes an outdated requirement in subsection (d)(1)(A) and reorders the subsequent subparagraphs. The proposed amendment also updates terminology, updates TAC cross-references for accuracy, and removes unnecessary language throughout the section.

The proposed amendment to §301.355 updates terminology, removes unnecessary language, and updates a TAC cross-reference for accuracy throughout this section.

The proposed amendment to §301.357 clarifies that the uniform assessment must be administered in accordance with HHSC’s utilization management guidelines. The proposed amendment also updates terminology throughout the section.

The proposed amendment to §301.359 makes editorial changes to clarify providers must provide care within the scope of the provider’s credential or license.

The proposed amendment to §301.361 updates terminology, corrects for grammar, and updates TAC cross-references for accuracy throughout the section.

The proposed amendment to §301.363 clarifies and removes redundant TAC language by requiring the LMHA, LBHA, and provider to follow the rules listed in 1 TAC §353.1419 (relating to Supervision Requirements).

Amending 26 TAC §559.201, §559.203, to incorporate additional health and safety requirements and definitions.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
DIVISION 1. INTRODUCTION
26 TAC §559.201, §559.203

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§559.201, 559.203, 559.205, 559.215, 559.225, 559.227, 559.241, and 559.243; new §§559.226, 559.228, 559.253, 559.255, and 559.257; and the repeal of §559.239.

BACKGROUND AND PURPOSE

The purpose of the proposal is to integrate heightened health and safety standards–specifically addressing environmental safety concerns–bolster the rights of individuals receiving individualized skills and socialization services and implement Texas Health and Safety Code §253.0025 (established by House Bill 1009, 88th Legislature, Regular Session, 2023) regarding suspension of employees during due process for reportable conduct. The proposal also establishes alternative pathways to address infractions through administrative penalties, thereby offering providers remedial options beyond license revocation.

The proposal further seeks to clarify existing requirements governing the prevention and investigation of abuse, neglect, or exploitation and to delineate provider requirements and criteria for license issuance or renewal. Additionally, non-substantive grammatical revisions are intended to enhance clarity and coherence within the regulatory framework.

The proposal ensures the efficacy and integrity of environmental safety and the rights of individuals receiving services, establishes administrative penalties services provided under Texas Administrative Code, Title 26, Chapter 559, Subchapter H, and upholds the importance of individual welfare and regulatory compliance.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §559.201, Purpose, incorporates information regarding additional health and safety requirements.

The proposed amendment to §559.203, Definitions, adds definitions for “abuse,” “actual harm,” “applicant,” “cause to believe,” “Centers for Medicare and Medicaid Services (CMS),” “exploitation,” “immediate threat,” “incident,” “isolated,” “neglect,” “pattern,” “substantial violation,” “widespread,” and edits existing definitions for clarity and understanding. It also relocates and revises the definition of “complaint” from §559.243.

Amending 26 TAC §559.205, §559.215, to update references and reflect changes specific to reflect changes specific to temporary licenses for Day Activity and Health Services Individualized Skills and Socialization Only licensure applications.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
DIVISION 2. LICENSING
26 TAC §559.205, §559.215

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed amendment to §559.205, Criteria for Licensing, updates a reference and reflects changes specific to licensing processes regarding HHSC reviewing background and qualifications and issuing temporary licenses for Day Activity and Health Services Individualized Skills and Socialization Only licensure applications.

The proposed amendment to §559.215, Criteria for Denying a License or Renewal of a License, corrects references and revises language to provide clarity and ensure providers are aware of the requirement to disclose all actions to HHSC, whether pending or final.

Amending 26 TAC §§559.225 – 559.228, to describe standards for the physical condition of the location where services are provided; clarify provider requirements when providing transportation and determining appropriate settings for service delivery; and describing the rights of individuals receiving services from individualized skills and socialization providers.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
DIVISION 3. PROVIDER REQUIREMENTS
26 TAC §§559.225 – 559.228

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed amendment to §559.225, General Requirements, makes non-substantive grammatical changes, relocates rule language pertaining to individual rights under proposed new §559.228, adds language necessary to satisfy Texas Health and Safety Code §253.0025 requirements regarding reportable conduct, and outlines individual information documentation requirements.

Proposed new §559.226, Environmental Safety Requirements, describes standards for the physical condition of the location where on-site individualized skills and socialization services are provided, including cleanliness, safety, accessibility, utilities, and maintenance of both interior and exterior areas to ensure the well-being of individuals receiving services.

The proposed amendment to §559.227, Program Requirements, clarifies which requirements providers must follow when providing transportation and determining appropriate settings for service delivery. It also requires an individualized skills and socialization provider to provide services that meet an individual’s needs and person-centered objectives, including by following steps for when a modification or restriction of services is needed. It further provides ongoing training parameters to address timeframes and frequency of trainings. Additionally, the amendment clarifies medication record requirements.

Proposed new §559.228, Rights of Individuals, describes the rights of individuals receiving services from individualized skills and socialization providers. It sets forth individualized skills and socialization provider requirements concerning the protection of individuals’ rights, including those related to informed decision-making and the filing of grievances. It further requires the development and implementation of policies and procedures to address individuals’ service plans; right to live free from abuse, neglect, and exploitation; receive services in a safe and clean environment; enjoy privacy during treatment and care for personal needs; and participate in activities.

Amending 26 TAC §559.239, to repeal the section.

CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
DIVISION 4. SURVEYS, INVESTIGATIONS, AND ENFORCEMENT
26 TAC §559.239

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed repeal of §559.239, Definitions of Abuse, Neglect, and Exploitation, removes a rule section that is no longer needed, as these definitions have been added to §559.203.

Amending 26 TAC §§559.241, 559.243, 559.253, 559.255, 559.257, to clarify reporting requirements for abuse, neglect, or exploitation to HHSC; remove duplicative language; describe when HHSC may impose administrative penalties; describes individualized skills and socialization providers must adhere to in order to maintain compliance with regulations; and describes the process for administrative hearings regarding administrative penalties imposed on individualized skills and socialization providers.

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

The proposed amendment to §559.241, Reporting Abuse, Neglect, Exploitation, or Incidents to HHSC, revises the title to Reporting Abuse, Neglect, or Exploitation to HHSC. The amendment clarifies reporting requirements for abuse, neglect, or exploitation to HHSC and the requirement to report the death of an individual when the death occurs while the individual is receiving services from an individualized skills and socialization provider. It further establishes language prohibiting retaliation against an individual, legally authorized representative, or service provider for filing a complaint or presenting a grievance or for providing, in good faith, information to HHSC relating to abuse, neglect, or exploitation.

The proposed amendment to §559.243, HHSC Complaint Investigation, removes language regarding reporting Abuse, Neglect, Exploitations, or Incidents to HHSC Complaint and Incident Intake, as this language is included in revised §559.241, as well as language regarding certain internal practices of HHSC. It also deletes the definition of “complaint,” as it is now located in §559.203, Definitions, and renumbers the subsections accordingly.

Proposed new §559.253, Administrative Penalties, describes the circumstances in which HHSC may impose administrative penalties on an individualized skills and socialization provider and the HHSC procedure for administrative penalties. It also describes how penalties may be applied for various violations, with factors such as severity and corrective efforts considered, and provides that administrative penalties do not preclude other disciplinary actions for the same violation.

Proposed new §559.255, Individualized Skills and Socialization Provider Compliance and Corrective Action, describes procedures an individualized skills and socialization provider must adhere to in order to maintain compliance with regulations and address corrective measures under the oversight of HHSC. It describes the processes involving follow-up surveys, notices of non-compliance, corrective plans, monitoring, and potential penalties or license actions imposed by HHSC for violations.

Proposed new §559.257, Administrative Hearings, describes the process for administrative hearings regarding administrative penalties imposed on individualized skills and socialization providers. It describes hearing procedures, findings by administrative law judges, penalty assessments or dismissals by the executive commissioner, payment requirements, and interest accrual on unpaid penalties.

Adopted Rules Re:

Adopting 1 TAC §§351.805, 351.821, 351.823, 351.825, 351.827, to revise language and update citations to align with the rule with the statute and Executive Order No. GA-55 issued January 31, 2025.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §§351.805, 351.821, 351.823, 351.825, 351.827

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §351.805, concerning State Medicaid Managed Care Advisory Committee; §351.821, concerning Value-Based Payment and Quality Improvement Advisory Committee; §351.823, concerning e-Health Advisory Committee; §351.825, concerning Texas Brain Injury Advisory Council; and §351.827, concerning Palliative Care Interdisciplinary Advisory Council.

The amended sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3293). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments align the rules with statute and Executive Order No. GA-55 issued January 31, 2025.

The amendments also replace citations to Texas Government Code §531.012 with §523.0201 and §523.0203 in §§351.805, 351.821, 351.823, and 351.825 to comply with House Bill 4611, 88th Legislature, Regular Session, 2023. House Bill 4611 made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. The new Texas Government Code sections became effective April 1, 2025.

Additionally, the amendments extend the e-Health Advisory Committee (e-HAC) abolition date from December 31, 2025, to December 31, 2027. HHSC conducted an internal evaluation of e-HAC, including review of implementation of its recommendations to the agency, public and committee member participation at open meetings, and committee input to the agency regarding policy development and legislative implementation. In alignment with HHSC strategic goals and objectives, HHSC extends the committee for two years.

Adopting 1 TAC §355.8301, to implement a Nurse Residency Program (NRP) to increase retention of nurses through post-graduation and post-licensure residencies at Health-Related Institutions (HRIs).

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH SERVICES
DIVISION 16. MEDICAID PROFESSIONAL SERVICES
1 TAC §355.8301

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts new §355.8301, concerning Nurse Residency Program, in new Division 16, Medicaid Professional Services. New §355.8301 is adopted with changes to the proposed text as published in the January 24, 2025, issue of the Texas Register (50 TexReg 522). This rule will be republished.

BACKGROUND AND JUSTIFICATION

This new rule implements a Nurse Residency Program (NRP) to support increased retention of nurses through post-graduation and post-licensure residencies at state-owned Health-Related Institutions (HRIs). The new rule describes the participation requirements and structure of the NRP.

Payments will be based on the number of registered nurses (RNs) and licensed vocational nurses (LVNs) in formal nursing residencies using separate weighting factors as a fraction of the upper payment limit (UPL) for related fee-for-service claims. The new rule also describes the methodology used by HHSC to determine the payment amounts. HHSC has submitted this program to the Centers for Medicare and Medicaid Services (CMS) for approval under the Texas state plan. The program is expected to be funded by intergovernmental transfers.

Adopting 1 TAC §§394.1 – 394.7, to repeal outdates rules concerning alternative dispute resolution and negotiated rulemaking because they do not reflect current policy.

CHAPTER 394. MEDIATION AND NEGOTIATED RULEMAKING
1 TAC §§394.1 – 394.7

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 394, consisting of §394.1, concerning Definitions; §394.2, concerning Policy; §394.3, concerning Circumstances in Which Mediation is Offered; §394.4, concerning Dispute Resolution Administrator; §394.5, concerning Dispute Resolution Coordinators; §394.6, concerning Mediation Process; and §394.7, concerning Negotiated Rulemaking.

All sections are adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3053). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals are necessary to remove outdated rules concerning alternative dispute resolution and negotiated rulemaking. The rules were last modified in 2006. Following repeal, HHSC will maintain policies encouraging the use of negotiated rulemaking and alternative dispute resolution as required by Texas Government Code §524.0153.

Adopting 26 TAC §745.117, to update figures and restore missing paragraphs in the table.

CHAPTER 745. LICENSING
SUBCHAPTER C. OPERATIONS THAT ARE EXEMPT FROM REGULATION
DIVISION 2. EXEMPTIONS FROM REGULATION
26 TAC §745.117

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §745.117, concerning Programs of Limited Duration Exempt from Regulation by Child Care Regulation (CCR).

Section 745.117 is adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3423). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to update the figure in §745.117 to restore two missing paragraphs in the table. The paragraphs were inadvertently removed through a recent rulemaking regarding Population Requirements for Certain Exempt Programs, which became effective on March 10, 2025. The missing two paragraphs relate to Child Care Regulation exemptions and do not impact current permit holders. For any new programs that apply for permits that would meet the exemptions, the criteria are in Texas Human Resources Code (HRC) §42.041(b)(4) and (22).

Adopted Rule Reviews Re:

Adopting Title 26, Part 1, concerning State Facility Business Operations.

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 910, State Facility Business Operations

In Addition Re:

Notice of Public Hearing on Proposed Rate Updates to Kidney Health Care Program, School Health and Related Services (SHARS) Program, and a Medical Policy Review for Physician Administered Drugs

Public Notice: Drug Shortages

The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 25-0023 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

Department of Aging and Disability Services

Adopted Rules Re:

Adopting 40 TAC §§4.1 – 4.8, to repeal Chapter 4, Subchapter A in its entirety because the rules are no longer necessary.

CHAPTER 4. RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER A. PROTECTED HEALTH INFORMATION
40 TAC §§4.1 – 4.8

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, consisting of §4.1, concerning Purpose; §4.2, concerning Application; §4.3, concerning Definitions; §4.4, concerning Requirements; §4.5, concerning Regulations and Statutes Governing Confidentiality of Protected Health Information; §4.6, concerning Exhibit; §4.7, concerning References; and §4.8, concerning Distribution.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3441). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC. The repeals remove rules that are no longer necessary.

The rules reference federal privacy laws, rules, and regulations that are now addressed in the Local Intellectual and Developmental Disability Authority performance contract.

Adopting 40 TAC §§5.1 – 5.14, to repeal these rules.

CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES–INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER A. PRESCRIBING OF PSYCHOACTIVE MEDICATION
40 TAC §§5.1 – 5.14

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 5, Subchapter A, consisting of §5.1, concerning Purpose; §5.2, concerning Application; 5.3, concerning Definitions; 5.4, concerning Philosophy; 5.5, concerning General Principles; §5.6, concerning Evaluation and Diagnosis; §5.7, concerning Prescribing Parameters; 5.8, concerning Emergency Use of Psychoactive Medication; §5.9, concerning Consent and Patient Education; §5.10, concerning Medication Monitoring; §5.11, concerning Special Populations; §5.12, concerning Quality Improvement; §5.13, concerning References; §5.14, concerning Distribution; and Subchapter I, consisting of §5.401, concerning Purpose; §5.402, concerning Application; §5.403, concerning Definitions; §5.404, concerning General Provisions; §5.405, concerning General Principles for Behavior Therapy Programs; §5.406, concerning Development, Implementation, and Monitoring of Effectiveness of Behavior Therapy Programs; §5.407, concerning Requirement to Obtain Legally Adequate Consent, Consent, or Authorization; §5.408, concerning Use of Restraint; §5.409, concerning Documenting and Reporting Behavior Therapy Programs That Use Highly Restrictive Procedures; §5.411, concerning References; and §5.412, concerning Distribution.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3442). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The topics of these rules are required by standard licensing requirements for medical professionals or by the federal conditions of participation developed by the Centers for Medicare and Medicaid Services for intermediate care facilities for individuals with intellectual disabilities.

Adopting 40 TAC §§5.401 – 5.409, 5.411, 5.412, to repeal these rules.

CHAPTER 5. PROVIDER CLINICAL RESPONSIBILITIES–INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER I. BEHAVIOR THERAPY IN STATE FACILITIES
40 TAC §§5.401 – 5.409, 5.411, 5.412

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3442). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 40 TAC §§7.1, 7.6, 7.9, 7.23, 7.33, 7.34, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER A. STANDARD OPERATING PROCEDURES
40 TAC §§7.1, 7.6, 7.9, 7.23, 7.33, 7.34

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 7, Subchapter A, consisting of §7.1, concerning Purpose; §7.6, concerning Assignment and Use of Pooled Vehicles; §7.9, concerning Material Safety Data Sheets; §7.23, concerning Unauthorized Departures That May Have Unusual Consequences; §7.33, concerning Mail for Staff Residing On Campus; §7.34, concerning Commercial Solicitation on Grounds; Subchapter B, consisting of §7.51, concerning Purpose; §7.52, concerning Application; §7.53, concerning Definitions; §7.54, concerning Procurement; §7.55, concerning Accountability; §7.56, concerning Provisions for All Contracts; §7.57, concerning Additional Requirements for Specific Contracts; §7.58, concerning Contract Extension or Renewal; §7.60, concerning Protest and Appeal Procedures; §7.61, concerning Contract Monitoring; §7.62, concerning Remedies and Sanctions for All Contracts Except Construction Contracts; §7.63, concerning Negotiation and Mediation; §7.64, concerning References; §7.65, concerning Distribution; Subchapter D, consisting of §7.159, concerning References; §7.160, concerning Distribution; Subchapter S, Division 1 consisting of §7.901, concerning Purpose; §7.902, concerning Applicability; §7.903, concerning Definitions; §7.904, concerning Prerequisites to Suit; §7.905, concerning Sovereign Immunity; Division 2 consisting of §7.906, concerning Notice of Claim of Breach of Contract; §7.907, concerning Agency Counterclaim; §7.908, concerning Request for Voluntary Disclosure of Additional Information; §7.909, concerning Duty to Negotiate; §7.910, concerning Timetable; §7.911, concerning Conduct of Negotiation; §7.912, concerning Settlement Approval Procedures; §7.913, concerning Settlement Agreement; §7.914, concerning Costs of Negotiation; §7.915, concerning Request for Contested Case Hearing; Division 3, consisting of §7.916, concerning Mediation Timetable; §7.917, concerning Conduct of Mediation; §7.918, concerning Agreement to Mediate; §7.919, concerning Qualifications and Immunity of the Mediator; §7.920, concerning Confidentiality of Mediation and Final Settlement Agreement; §7.921, concerning Costs of Mediation; §7.922, concerning Settlement Approval Procedures; §7.923, concerning Initial Settlement Agreement; §7.924, concerning Final Settlement Agreement; and §7.925, concerning Referral to the State Office of Administrative Hearings.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3444). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Adopting 40 TAC §§7.51 – 7.58, 7.60 – 7.65, to repeal these rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER B. CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE
40 TAC §§7.51 – 7.58, 7.60 – 7.65

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3444). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Adopting 40 TAC §7.159, §7.160, to repeal the rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER D. PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS
40 TAC §7.159, §7.160

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3444). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Adopting 40 TAC §§7.901 – 7.905, to repeal the rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 1. GENERAL
40 TAC §§7.901 – 7.905

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3444). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Adopting 40 TAC §§7.906 – 7.915, to repeal the rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 2. NEGOTIATION
40 TAC §§7.906 – 7.915

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3444). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Adopting 40 TAC §§7.916 – 7.925, to repeal the rules.

CHAPTER 7. DADS ADMINISTRATIVE RESPONSIBILITIES
SUBCHAPTER S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS
DIVISION 3. MEDIATION
40 TAC §§7.916 – 7.925

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3444). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 391 and agency policies.

Adopting 40 TAC §§71.101 – 71.103, to repeal the rules.

CHAPTER 71. INFORMATION PRACTICES
SUBCHAPTER A. DISCLOSURE OF INFORMATION
40 TAC §§71.101 – 71.103

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 71 consisting of §71.101, concerning Definitions; §71.102, concerning Requests for Information; §71.103, concerning Schedule of Fees; §71.201, concerning Definitions; §71.202, concerning Confidential Nature of Client Information; §71.203, concerning Client Access to Own Information; §71.204, concerning Release for Death Notification; §71.205, concerning Release for Eligibility Verification, Billing, and Service Delivery; §71.206, concerning Release under Client Authorization; §71.301, concerning Definitions; §71.302, concerning Right of Access to Your Individually Identifiable Health Information; §71.303, concerning Designated Record Sets; §71.304, concerning Right to Report of Disclosures; §71.305, concerning Fees for Copies of Information; §71.306, concerning Requests for Further Limits on Uses and Disclosures of Individually Identifiable Health Information; §71.307, concerning Requests for Communication by Different Means or at Different Locations; §71.308, concerning Verification of Identity and Authority; §71.309, concerning Disclosure of Health Information; §71.310, concerning Complaints; §71.401, concerning Right to Correct Incorrect Information; §71.402, concerning Requesting a Correction; §71.403, concerning Where to Send a Request for Correction; §71.404, concerning The Correction Review; and §71.405, concerning Correction of Individually Identifiable Health Information in a Designated Record Set

All sections are adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3109). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals are necessary to remove obsolete rules adopted in 2003 by the Texas Department of Human Services concerning information practices. These rules are outdated, duplicative of current rules, and contain incorrect agency information.

Adopting 40 TAC §§71.201 – 71.206, to repeal the rules.

CHAPTER 71. INFORMATION PRACTICES
SUBCHAPTER B. CLIENT INFORMATION
40 TAC §§71.201 – 71.206

OVERVIEW

All sections are adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3109). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 40 TAC §§71.301 – 71.310, to repeal the rules.

CHAPTER 71. INFORMATION PRACTICES
SUBCHAPTER C. PRIVACY OF HEALTH INFORMATION
40 TAC §§71.301 – 71.310

OVERVIEW

All sections are adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3109). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 40 TAC §§71.401 – 71.405, to repeal the rules.

CHAPTER 71. INFORMATION PRACTICES
SUBCHAPTER D. CORRECTING INFORMATION
40 TAC §§71.401 – 71.405

OVERVIEW

All sections are adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3109). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 40 TAC §72.5001, to repeal the rules.

CHAPTER 72. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
SUBCHAPTER L. MOU–CAPACITY ASSESSMENT FOR SELF CARE AND FINANCIAL MANAGEMENT
40 TAC §72.5001

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter L, consisting of §72.5001, concerning Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management.

Section 72.5001 is adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3446). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The rule in Texas Administrative Code, Title 40, Chapter 72, Subchapter L was authorized by Texas Health and Safety Code §533.044, which was repealed, effective April 1, 2015. 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, the Department of Aging and Disability Services was abolished September 1, 2017, after all its functions were transferred to HHSC. The repeal removes a rule that is rule in no longer necessary.

Adopting 40 TAC §77.1, §77.2, to repeal the rules.

CHAPTER 77. EMPLOYMENT PRACTICES
SUBCHAPTER A. INTRODUCTION
40 TAC §77.1, §77.2

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 77, Subchapter A, consisting of §77.1, concerning What is the purpose of this chapter; §77.2, concerning What do the words and terms in this chapter mean; Subchapter B, consisting of §77.11, concerning What is the training activities program; §77.12, concerning Who is eligible to participate in the training activities program; §77.13, concerning Who should I ask if I want to participate in the training activities program; §77.14, concerning What are my obligations if I participate in the training activities program; §77.15, concerning Can I get a waiver for any of my obligations; §77.16, concerning How do I get a waiver for any of my obligations; §77.17, concerning What happens if I am placed on corrective action while I am participating in the training activities program; Subchapter C, consisting of §77.31, concerning What is the education assistance program; §77.32, concerning Am I eligible to participate in the education assistance program; §77.33, concerning Who do I ask if I want to participate in the education assistance program; §77.34, concerning What am I required to do if I participate in the education assistance program; §77.35, concerning What if I cannot work full time and keep my class schedule; §77.36, concerning What type of institution of higher education must I attend; §77.37, concerning What financial assistance is available; §77.38, concerning How often does DHS review my participation in the education assistance program; §77.39, concerning In what situations would DHS cancel my education assistance agreement and my participation in the program; §77.40, concerning If my participation is cancelled, will I have to repay any money to DHS; §77.41, concerning Can I get a waiver, deferment, or reduction of my repayment obligation; §77.42, concerning How do I ask for a waiver, deferment, or reduction; §77.43, concerning If my participation in the education assistance program is cancelled, can I participate in the program in the future; and §77.44, concerning What happens if I am placed on corrective action while I am participating in the education assistance program.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3447). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

Adopting 40 TAC §§77.11 – 77.17, to repeal the rules.

CHAPTER 77. EMPLOYMENT PRACTICES
SUBCHAPTER B. EMPLOYEE TRAINING
40 TAC §§77.11 – 77.17

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3447). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

Adopting 40 TAC §§77.31 – 77.44, to repeal the rules.

CHAPTER 77. EMPLOYMENT PRACTICES
SUBCHAPTER C. EDUCATION ASSISTANCE PROGRAM
40 TAC §§77.31 – 77.44

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3447). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

These rules are duplicative of agency rules located in Title 1 TAC, Chapter 396 and agency policies regarding employee training and education.

Adopting 40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER A. GENERAL RULES
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, consisting of §101.101, concerning Purpose; §101.103, concerning Legal Authority; §101.105, concerning Definitions; §101.107, concerning Opportunities for Citizen Participation; §101.109, concerning Complaints; §101.111, concerning Cooperation with Other Public Agencies; §101.113, concerning Criminal History Information on Applicants for Employment; §101.115, concerning Use of Criminal History Information in Contracting; §101.117, concerning Fees for Department Publications; §101.119, concerning Gifts and Donations to DARS; §101.121, concerning Qualified Vocational Rehabilitation Counselor (QVRC); Subchapter B, consisting of §101.201, concerning Purpose; §101.203, concerning Legal Authority; §101.205, concerning Definitions; §101.207, concerning Adoption of Rules; Subchapter D, consisting of §101.805, concerning Definitions; §101.807, concerning Privacy Policies; §101.809, concerning Confidentiality of Consumer Information in Vocational Rehabilitation Program; §101.811, concerning Confidentiality of Consumer Information in the Specialized Telecommunications Assistance Program; §101.813, concerning Use of Consumer Information in the Deaf and Hard of Hearing Driver Identification Program; Subchapter F, consisting of §101.1307, concerning Memorandum of Understanding Regarding Continuity of Care for Physically Disabled Inmates; §101.1309, concerning Memorandum of Understanding Regarding the Exchange and Distribution of Public Awareness Information; and §101.1311, concerning Memorandum of Understanding Concerning Coordination of Services to Disabled Persons.

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Adopting 40 TAC §§101.201, 101.203, 101.205, 101.207, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES
40 TAC §§101.201, 101.203, 101.205, 101.207

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Adopting 40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER D. PRIVACY AND CONFIDENTIALITY
40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Department of Assistive and Rehabilitative Services

Adopted Rules Re:

Adopting 40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER A. GENERAL RULES
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Adopting 40 TAC §§101.201, 101.203, 101.205, 101.207, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES
40 TAC §§101.201, 101.203, 101.205, 101.207

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Adopting 40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER D. PRIVACY AND CONFIDENTIALITY
40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.

Adopting 40 TAC §§101.1307, 101.1309, 101.1311, to repeal the rules.

CHAPTER 101. ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER F. MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES
40 TAC §§101.1307, 101.1309, 101.1311

OVERVIEW

All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3449). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

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, the Department of Assistive and Rehabilitative Services was abolished September 1, 2017, after all its functions were transferred to HHSC and the Department of Family and Protective Services. The repeals remove rules that are no longer necessary.

These rules are duplicative of agency rules located in Title 1 TAC, Chapters 390 and 391 and agency policies regarding administration and procedures.