Texas Register Table of Contents
- 1 State Board of Dental Examiners
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 22 TAC §103.2, to change the remediation requirements for dental hygiene licensure by allowing applicants to take a remediation course before or after passing an examination to provide greater flexibility and allowing Board staff to approve the remediation course.
- 1.0.1.2 Amending 22 TAC §108.16, to specify the required informed consent documentation when licensees perform teledentistry dental services.
- 1.0.1 Proposed Rules Re:
- 2 Texas Health and Human Services Commission
- 2.0.1 Withdrawn Rules Re:
- 2.0.2 Adopted Rules Re:
- 2.0.2.1 Adopting 26 TAC §259.51, to amend the cost for the individual’s IPC CLASS Program services to be 210 percent of the annualized cost of care in an ICF/IID using the unweighted average of the current non-state-operated small facility daily rates for levels of need 1, 5, and 8.
- 2.0.2.2 Adopting 26 TAC §260.51, to amend the cost for the individual’s IPC TxHmL Program services to not exceed 50 percent of the annualized cost of care in an ICF/IID using the current non-state-operated small facility daily rate for level of need 1.
- 3 Texas Animal Health Commission
- 3.0.1 Adopted Rules Re:
- 3.0.1.1 Adopting 4 TAC §32.3, to eliminate reference to the CWD Herd Certification Program, adjust numbering, and improve clarity.
- 3.0.1.2 Adopting 4 TAC §§40.1, 40.2, 40.5, 40.7, to modify and eliminate definitions; reduce surveillance testing requirements; adjust numbering; make minor grammatical changes; and make other updates to language for consistency within the rule.
- 3.0.1.3 Adopting 4 TAC §40.3, §40.6, to repeal existing HCP regulations and eliminate the established containment and surveillance zones.
- 3.0.1.4 Adopting 4 TAC §51.9, §51.10, to clarify the identification requirements for ratites entering Texas and simplify requirements for exotic fowl moving between AZA accredited facilities, as well as update language used in entry requirements for Cervidae.
- 3.0.1 Adopted Rules Re:
State Board of Dental Examiners
Proposed Rules Re:
Amending 22 TAC §103.2, to change the remediation requirements for dental hygiene licensure by allowing applicants to take a remediation course before or after passing an examination to provide greater flexibility and allowing Board staff to approve the remediation course.
CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.2
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §103.2, pertaining to dental hygiene licensure by examination. The proposed amendment changes the remediation requirements by (1) allowing applicants to take a remediation course before or after passing an examination to give applicants flexibility on when to take the course, and (2) allowing Board staff to approve the remediation course.
Amending 22 TAC §108.16, to specify the required informed consent documentation when licensees perform teledentistry dental services.
CHAPTER 108. PROFESSIONAL CONDUCT
SUBCHAPTER A. PROFESSIONAL RESPONSIBILITY
22 TAC §108.16
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §108.16, pertaining to teledentistry. The proposed rule specifies the informed consent documentation that is required when licensees perform teledentistry dental services. The Board proposes this rule in accordance with House Bill 1700 of the 89th Texas Legislature, Regular Session (2025), and Chapter 111, Texas Occupations Code.
Texas Health and Human Services Commission
Withdrawn Rules Re:
Withdrawing 26 TAC §301.305, to repeal the rule because it contains inaccurate requirements and repetitive information.
CHAPTER 301. LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER G. COMMUNITY MENTAL HEALTH SERVICES STANDARDS
DIVISION 1. GENERAL PROVISIONS
26 TAC §301.305
OVERVIEW
The Texas Health and Human Services Commission withdraws the proposed repeal of §301.305 which appeared in the July 25, 2025, issue of the Texas Register (50 TexReg 4207).
Adopted Rules Re:
Adopting 26 TAC §259.51, to amend the cost for the individual’s IPC CLASS Program services to be 210 percent of the annualized cost of care in an ICF/IID using the unweighted average of the current non-state-operated small facility daily rates for levels of need 1, 5, and 8.
CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 1. ELIGIBILITY AND MAINTENANCE OF THE CLASS INTEREST LIST
26 TAC §259.51
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §259.51, concerning Eligibility Criteria for CLASS Program Services and CFC Services.
Section 259.51 is adopted with changes to the proposed text as published in the July 11, 2025, issue of the Texas Register (50 TexReg 3987). This rule will be republished.
BACKGROUND AND JUSTIFICATION
This amendment is necessary to increase the waiver cost limit for an individual’s individual plan of care (IPC) in the Community Living Assistance and Support Services (CLASS) waiver program. The 2026-2027 General Appropriations Act, Senate Bill 1, 89th Texas Legislature, Regular Session, 2025 (Article II, HHSC Rider 23) includes appropriations to increase the attendant wage for personal attendant services. This attendant wage increase impacts Medicaid personal attendant reimbursement rates.
As a result of this direction and prior reimbursement rate increases, the amendment increases the waiver cost limit for an individual’s IPC in the CLASS waiver program to off-set the cost of higher personal attendant reimbursement rates. The increase allows the individual to continue to qualify for services in the CLASS waiver program without exceeding the cost limit for the IPC.
HHSC’s amendments to the cost limit rules for an individual’s IPC in the Deaf Blind with Multiple Disabilities and Texas Home Living Programs, and the cost limits in the Home and Community-based Services Program, are published in this same issue of the Texas Register .
Adopting 26 TAC §260.51, to amend the cost for the individual’s IPC TxHmL Program services to not exceed 50 percent of the annualized cost of care in an ICF/IID using the current non-state-operated small facility daily rate for level of need 1.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 1. ELIGIBILITY AND MAINTENANCE OF THE DBMD INTEREST LIST
26 TAC §260.51
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §260.51, concerning Eligibility Criteria for DBMD Program Services and CFC Services.
Section 260.51 is adopted with changes to the proposed text as published in the July 11, 2025, issue of the Texas Register (50 TexReg 3988). This rule will be republished.
BACKGROUND AND JUSTIFICATION
This amendment is necessary to increase the waiver cost limit for an individual’s individual plan of care (IPC) in the Deaf Blind with Multiple Disabilities (DBMD) waiver program. The 2026-2027 General Appropriations Act, Senate Bill 1, 89th Texas Legislature, Regular Session, 2025 (Article II, HHSC Rider 23) includes appropriations to increase the attendant wage for personal attendant services. This attendant wage increase impacts Medicaid personal attendant reimbursement rates.
As a result of this direction and prior reimbursement rate increases, the amendment increases the waiver cost limit for an individual’s IPC in the DBMD waiver program to off-set the cost of higher personal attendant reimbursement rates. This increase allows the individual to continue to qualify for services in the DBMD waiver program without exceeding the cost limit for the IPC.
HHSC’s amendments to the cost limit rules for an individual’s IPC in the Community Living Assistance and Support Services and Texas Home Living Programs, and the cost limits in the Home and Community-based Services Program, are published in this same issue of the Texas Register.
Texas Animal Health Commission
Adopted Rules Re:
Adopting 4 TAC §32.3, to eliminate reference to the CWD Herd Certification Program, adjust numbering, and improve clarity.
CHAPTER 32. HEARING AND APPEAL PROCEDURES
4 TAC §32.3
OVERVIEW
The Texas Animal Health Commission (Commission) in a duly noticed meeting on August 26, 2025, adopted amendments to Title 4, Part 2, Chapter 32 §32.3, concerning Appeal of Other Orders and Decisions in the Texas Administrative Code, Title 4, Part 2, Chapter 32, titled “Hearing and Appeal Procedures.” The Commission adopted amendments to §32.3 without changes to the proposed text published in the June 6, 2025 issue of the Texas Register (50 TexReg 3301) and will not be republished.
BACKGROUND AND JUSTIFICATION
Section 32.3 sets forth procedures for appeals of various orders and decisions of the Commission. The Commission adopts amendments to this section to remove language referencing appeals of orders and decisions concerning the CWD Herd Certification Program. A repeal of the CWD Herd Certification Program found in Chapter 40, concerning Chronic Wasting Disease, is filed concurrently with the adopted amendments to §32.3.
Adopting 4 TAC §§40.1, 40.2, 40.5, 40.7, to modify and eliminate definitions; reduce surveillance testing requirements; adjust numbering; make minor grammatical changes; and make other updates to language for consistency within the rule.
CHAPTER 40. CHRONIC WASTING DISEASE
4 TAC §§40.1, 40.2, 40.5, 40.7
OVERVIEW
The Texas Animal Health Commission (Commission) in a duly noticed meeting on August 26, 2025, adopted changes to Title 4, Texas Administrative Code, Chapter 40 titled “Chronic Wasting Disease.” Specifically, the Commission adopted amendments to §§40.1, 40.2, 40.5, and 40.7; and the repeal of §40.3 and §40.6 without changes to the proposed text published in the June 6, 2025 issue of the Texas Register (50 TexReg 3303) and will not be republished.
BACKGROUND AND JUSTIFICATION
Chronic Wasting Disease (CWD) is a degenerative and fatal neurological communicable disease recognized by the veterinary profession that affects susceptible cervid species. CWD can spread through natural movements of infected animals and transportation of live infected animals or carcass parts. Specifically, prions are shed from infected animals in saliva, urine, blood, soft-antler material, feces, or from animal decomposition, which ultimately contaminates the environment in which CWD susceptible species live. CWD has a long incubation period, so animals infected with CWD may not exhibit clinical signs of the disease for months or years after infection. The disease can be passed through contaminated environmental conditions and may persist for a long period of time. Currently, no vaccine or treatment for CWD exists.
The CWD Herd Certification Program (HCP) is a voluntary, cooperative surveillance and certification program between the Commission, United States Department of Agriculture, herd owners, and other affected parties. Participating herds that meet program requirements and have no evidence of CWD advance in status each year for five years receive a certified status. Certified herd status permits interstate animal movement to some states. Participating in HCP is not required to keep CWD susceptible species captive in Texas or to buy, sell, or transfer animals within Texas.
The United States Department of Agriculture publishes Chronic Wasting Disease Program Standards (“federal standards”) to clarify and update acceptable methods for complying with the legal requirements in Title 9 of the Code of Federal Regulations Parts 55 and 81.
Federal standards not only specify the minimum requirements for participants to achieve certified status but require participating states to maintain state-wide standards for CWD diagnostic testing, epidemiological traces, and herd plans that must be enforced against all CWD susceptible animals. To be an approved state, Texas is required to follow the requirements of the federal standards.
Because of Texas’s participation in HCP, Commission regulations were adopted to meet the requirements of federal standards. Current rules require Commission staff to perform five-year epidemiological traces for every confirmed case of CWD in a captive herd. Under current rules, movement is restricted by a hold order or quarantine order during the epidemiological investigations of the trace until TAHC can determine the extent of the herd’s exposure to CWD and how to limit additional spread. To remove the quarantine from a positive facility or clear an epidemiological trace, a herd must enter a herd plan that meets the requirements of federal standards and commonly involves depopulation followed by a five-year quarantine.
Participation in this program has decreased significantly. In 2021, approximately 375 herds were enrolled in the program. Presently, there are 69 enrolled herds in good standing.
The Commission received feedback from herd managers and owners that the requirements for CWD quarantines and herd plans are overly restrictive, negatively impact land values, and cause unrecoverable losses to business operations.
The Commission finds that the repeal of the program would allow the Commission to amend current rules to eliminate the burdens caused by HCP.
Along with the repeal of the HCP program, the Commission proposes amendments that will eliminate the requirement that Commission herd plans and epidemiological traces be set at a minimum of five years. The proposed rule amendments are designed to allow epidemiological staff to assess a herd on a case-by-case basis.
Adopting 4 TAC §40.3, §40.6, to repeal existing HCP regulations and eliminate the established containment and surveillance zones.
CHAPTER 40. CHRONIC WASTING DISEASE
4 TAC §40.3, §40.6
OVERVIEW
The Texas Animal Health Commission (Commission) in a duly noticed meeting on August 26, 2025, adopted changes to Title 4, Texas Administrative Code, Chapter 40 titled “Chronic Wasting Disease.” Specifically, the Commission adopted amendments to §§40.1, 40.2, 40.5, and 40.7; and the repeal of §40.3 and §40.6 without changes to the proposed text published in the June 6, 2025 issue of the Texas Register (50 TexReg 3303) and will not be republished.
BACKGROUND AND JUSTIFICATION
Chronic Wasting Disease (CWD) is a degenerative and fatal neurological communicable disease recognized by the veterinary profession that affects susceptible cervid species. CWD can spread through natural movements of infected animals and transportation of live infected animals or carcass parts. Specifically, prions are shed from infected animals in saliva, urine, blood, soft-antler material, feces, or from animal decomposition, which ultimately contaminates the environment in which CWD susceptible species live. CWD has a long incubation period, so animals infected with CWD may not exhibit clinical signs of the disease for months or years after infection. The disease can be passed through contaminated environmental conditions and may persist for a long period of time. Currently, no vaccine or treatment for CWD exists.
The CWD Herd Certification Program (HCP) is a voluntary, cooperative surveillance and certification program between the Commission, United States Department of Agriculture, herd owners, and other affected parties. Participating herds that meet program requirements and have no evidence of CWD advance in status each year for five years receive a certified status. Certified herd status permits interstate animal movement to some states. Participating in HCP is not required to keep CWD susceptible species captive in Texas or to buy, sell, or transfer animals within Texas.
The United States Department of Agriculture publishes Chronic Wasting Disease Program Standards (“federal standards”) to clarify and update acceptable methods for complying with the legal requirements in Title 9 of the Code of Federal Regulations Parts 55 and 81.
Federal standards not only specify the minimum requirements for participants to achieve certified status but require participating states to maintain state-wide standards for CWD diagnostic testing, epidemiological traces, and herd plans that must be enforced against all CWD susceptible animals. To be an approved state, Texas is required to follow the requirements of the federal standards.
Because of Texas’s participation in HCP, Commission regulations were adopted to meet the requirements of federal standards. Current rules require Commission staff to perform five-year epidemiological traces for every confirmed case of CWD in a captive herd. Under current rules, movement is restricted by a hold order or quarantine order during the epidemiological investigations of the trace until TAHC can determine the extent of the herd’s exposure to CWD and how to limit additional spread. To remove the quarantine from a positive facility or clear an epidemiological trace, a herd must enter a herd plan that meets the requirements of federal standards and commonly involves depopulation followed by a five-year quarantine.
Participation in this program has decreased significantly. In 2021, approximately 375 herds were enrolled in the program. Presently, there are 69 enrolled herds in good standing.
The Commission received feedback from herd managers and owners that the requirements for CWD quarantines and herd plans are overly restrictive, negatively impact land values, and cause unrecoverable losses to business operations.
The Commission finds that the repeal of the program would allow the Commission to amend current rules to eliminate the burdens caused by HCP.
Along with the repeal of the HCP program, the Commission proposes amendments that will eliminate the requirement that Commission herd plans and epidemiological traces be set at a minimum of five years. The proposed rule amendments are designed to allow epidemiological staff to assess a herd on a case-by-case basis.
Adopting 4 TAC §51.9, §51.10, to clarify the identification requirements for ratites entering Texas and simplify requirements for exotic fowl moving between AZA accredited facilities, as well as update language used in entry requirements for Cervidae.
CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.9, §51.10
OVERVIEW
The Texas Animal Health Commission (Commission) in a duly noticed meeting on August 26, 2025, adopted amendments to Title 4, Texas Administrative Code, Chapter 51 titled “Entry Requirements.” Specifically, the Commission adopted amendments to §51.9 regarding Exotic Livestock and Fowl, and §51.10 regarding Cervidae without changes to the proposed text published in the June 6, 2025 issue of the Texas Register (50 TexReg 3311) and will not be republished.
BACKGROUND AND JUSTIFICATION
The Commission is tasked with creating and enforcing entry requirements for livestock, fowl, exotic livestock, and exotic fowl. The Commission proposed amendments to the entry requirements governing ratites and exotic fowl moving from Association of Zoos and Aquariums (AZA) facilities.
The amendments to §51.9 clarify that one of three forms of accepted identification is needed for ratites entering Texas. The amendments also provide simplified requirements for exotic fowl, excluding ratites, moving between AZA accredited facilities. The amendments allow for movement to and from accredited facilities without testing for pullorum-typhoid and avian influenza and without entry permitting, provided there is no commingling. This amendment is made because the risk posed by these movements is low. The AZA has rigorous accreditation requirements, transfers between accredited facilities are closely tracked, accredited facilities operate in relatively closed environments, and animals in accredited facilities receive comprehensive care.
The amendments also update the language found in §51.10 concerning movement of cervids from AZA accredited facilities. The language previously referenced the “American Zoo and Aquarium Association (AZAA).” However, the organization has since changed their name. The amendments reflect the name change.