Texas Register May 6, 2022 Volume: 47 Number: 18

Texas Register Table of Contents

1 The Governor
- - 1.0.1 Proclamation 41-3901
    - 1.0.1.1 The Governor issued Proclamation 41-3901 to renew the disaster proclamation for all counties in Texas in response to the ongoing COVID-19 pandemic.
2 Department of State Health Services
- - 2.0.1 Proposed Rules Re:
3 Texas Health and Human Services Commission
- - 3.0.1 Adopted Rules Re:

The Governor

Proclamation 41-3901

The Governor issued Proclamation 41-3901 to renew the disaster proclamation for all counties in Texas in response to the ongoing COVID-19 pandemic.

OVERVIEW

In accordance with the authority vested by Section 418.014 of the Texas Government Code, the Governor hereby renews the disaster proclamation for all counties in Texas.

BACKGROUND AND JUSTIFICATION

Pursuant to Section 418.017, the Governor authorizes the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.

Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, the Governor hereby suspends such statutes and rules for the duration of this declared disaster for that limited purpose.

Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §§139.2, 139.4, 139.5 to update requirements related to abortion facility reporting and licensing following the establishment of an online electronic reporting system.

CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §§139.2, 139.4, 139.5

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §139.2, concerning Definitions; §139.4, concerning Monthly Reporting Requirements for All Abortions Performed; §139.5, concerning Additional Reporting Requirements; §139.32, concerning License Denial, Suspension, Probation, or Revocation; §139.50, concerning Disclosure Requirements; §139.52, concerning Patient Education/Information Services; §139.53, concerning Medical and Clinical Services; and §139.55, concerning Clinical Records.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with Senate Bill (S.B.) 8, 87th Legislature, 2021, Regular Session, and S.B. 4, 87th Legislature, 2021, Second Called Session. S.B. 8 requires physicians who perform an abortion on or after September 1, 2021, to maintain certain documentation regarding the reasons for an abortion and prohibits HHSC from enforcing Texas Health and Safety Code (HSC) Chapter 171, Subchapter H, concerning Detection of Fetal Heartbeat. S.B. 4 amends abortion complication reporting requirements and requirements for providing abortion-inducing drugs for abortions performed on or after December 2, 2021. The proposal is also necessary to remove outdated information and ensure consistency with current HHSC terminology.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §139.2 updates and adds definitions for consistency with S.B. 8 and S.B. 4 and makes non-substantive updates to ensure consistency with current HHSC terminology.
The proposed amendments to §139.4 and §139.5 update these sections to comply with S.B. 4 and S.B. 8, clarify a report under this section must include information as required by the online electronic reporting system, and remove outdated language regarding reporting procedures prior to the establishment of the online system. The proposed amendments to this section also replace the term “commission” with “HHSC” and make other non-substantive updates to increase consistency with current HHS rule drafting guidelines.

Amending 25 TAC §139.32 to increase consistency with other HHS enforcement rules and guidelines.

CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER C. ENFORCEMENT
25 TAC §139.32

OVERVIEW

The proposed amendment to §139.32 adds language to comply with S.B. 8, which prohibits HHSC from enforcing HSC Chapter 171, Subchapter H, replaces “department” with “HHSC” to reflect the transition of regulatory authority under this chapter from the Department of State Health Services (DSHS) to HHSC, removes a redundant paragraph, updates internal references, and makes non-substantive edits to increase consistency with HHS rule drafting guidelines.

BACKGROUND AND JUSTIFICATION

Amending 25 TAC §§139.50, 139.52, 139.53, 139.55 to update minimum standards for licensed abortion facilities.

CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER D. MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES
25 TAC §§139.50, 139.52, 139.53, 139.55

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

The proposed amendment to §139.50 updates language for consistency with S.B. 4, updates language for submitting complaints to HHSC, and replaces “department” with “HHSC” to reflect the transition of regulatory authority under this chapter from DSHS to HHSC.
The proposed amendment to §139.52 removes Figure: 25 TAC §139.52(a)(1) and updates language regarding the required informed consent form required under HSC §171.012.
The proposed amendment to §139.53 clarifies the written consent obtained must be in accordance with §139.50 of this chapter to ensure consistency with S.B. 4’s provisions and makes non-substantive edits to increase consistency with HHS rule drafting guidelines.
The proposed amendment to §139.55 updates the section for consistency with S.B. 8 and replaces the reference to “department” with HHSC to reflect the transition of regulatory authority under this chapter from DSHS to HHSC. The proposed amendment also removes outdated information related to abortion reporting, as this information is now reported monthly and electronically.

Texas Health and Human Services Commission

Adopted Rules Re:

Amending 1 TAC §§391.101, 391.103, 391.105, 391.107 to update general provisions related to the purchase of goods and services by the Texas Health and Human Services Commission.

CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC §§391.101, 391.103, 391.105, 391.107

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §391.101, concerning Purpose; §391.103, concerning Authority; §391.105, concerning Exceptions; §391.107, concerning Definitions; §391.201, concerning Procurement Methods; §391.203, concerning Spot Purchases; §391.205, concerning Competitive Bidding through Informal Bidding; §391.207, concerning Competitive Sealed Bidding through Invitation for Bids; §391.209, concerning Request for Proposals; §391.211, concerning Request for Qualifications; §391.213, concerning Request for Offers; §391.215, concerning Proprietary Purchases; §391.217, concerning Emergency Purchases; §391.219, concerning Award Notification; §391.241, concerning Contracting and Delivery Procedures for Construction; §391.303, concerning Applicability; §391.309, concerning Contract Awards During Protest; §391.503, concerning Mandatory Review of Historically Underutilized Business Subcontracting Plan; §391.601, concerning Open Enrollment Contracts; and new §391.245, concerning Group Purchasing Organizations Program; and §391.247, concerning Direct Contract Award.

New §391.247 is adopted with changes to the proposed text as published in the February 11, 2022, issue of the Texas Register (47 Tex Reg 613). This rule will be republished. The amendments to §§391.101, 391.103, 391.105, 391.107, 391.201, 391.203, 391.205, 391.207, 391.209, 391.211, 391.213, 391.215, 391.217, 391.219, 391.241, 391.303, 391.309, 391.503, 391.601; and new §391.245 are adopted without changes to the proposed text as published in the February 11, 2022, issue of the Texas Register (47 Tex Reg 613). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted amendments are necessary to implement Senate Bill (S.B.) 799 and S.B. 1896, 87th Texas Legislature, Regular Session, 2021. S.B. 799 made changes to laws relating to contracting procedures and requirements for governmental entities, effective September 1, 2021. S.B. 1896 classified the Department of Family and Protective Services (DFPS) as a health and human services agency subject to the procurement authority under Texas Government Code §2155.144, effective June 14, 2021.

The adopted new rules are necessary to implement the purchase of goods and services made through group purchasing organizations as authorized by Texas Government Code §2155.144 and §2155.1441.

The adopted rules include other non-substantive edits and revisions.

Amending 1 TAC §§391.201, 391.203, 391.205, 391.207, 391.209, 391.211, 391.213, 391.215, 391.217, 391.219 to clarify procurement and contracting methods related to the purchase of goods and services by the Texas Health and Human Services Commission.

CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER B. PROCUREMENT AND SPECIAL CONTRACTING METHODS
DIVISION 1. PROCUREMENT METHODS
1 TAC §§391.201, 391.203, 391.205, 391.207, 391.209, 391.211, 391.213, 391.215, 391.217, 391.219

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted new rules are necessary to implement the purchase of goods and services made through group purchasing organizations as authorized by Texas Government Code §2155.144 and §2155.1441.

The adopted rules include other non-substantive edits and revisions.

Amending 1 TAC §§391.241, 391.245, 391.247 to enhance procurement and contracting rules for certain purchases of goods and services by the Texas Health and Human Services Commission.

CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER B. PROCUREMENT AND SPECIAL CONTRACTING METHODS
DIVISION 2. SPECIAL CONTRACTING METHODS
1 TAC §§391.241, 391.245, 391.247

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted new rules are necessary to implement the purchase of goods and services made through group purchasing organizations as authorized by Texas Government Code §2155.144 and §2155.1441.

The adopted rules include other non-substantive edits and revisions.

Amending 1 TAC §391.303, §391.309 to clarify that purchases made through group purchasing organizations and direct contract awards are excluded from the authority of Subchapter C, regarding Protests.

CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER C. PROTESTS
1 TAC §391.303, §391.309

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted new rules are necessary to implement the purchase of goods and services made through group purchasing organizations as authorized by Texas Government Code §2155.144 and §2155.1441.

The adopted rules include other non-substantive edits and revisions.

Amending 1 TAC §391.503 to provide minor edits to requirements concerning Mandatory Review of Historically Underutilized Business Subcontracting Plans.

CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER E. HISTORICALLY UNDERUTILIZED BUSINESSES
1 TAC §391.503

OVERVIEW

New §391.247 is adopted with changes to the proposed text as published in the February 11, 2022, issue of the Texas Register (47 TexReg 613). This rule will be republished. The amendments to §§391.101, 391.103, 391.105, 391.107, 391.201, 391.203, 391.205, 391.207, 391.209, 391.211, 391.213, 391.215, 391.217, 391.219, 391.241, 391.303, 391.309, 391.503, 391.601; and new §391.245 are adopted without changes to the proposed text as published in the February 11, 2022, issue of the Texas Register (47 TexReg 613). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted new rules are necessary to implement the purchase of goods and services made through group purchasing organizations as authorized by Texas Government Code §2155.144 and §2155.1441.

The adopted rules include other non-substantive edits and revisions.

Amending 1 TAC §391.601 to add a reference to DFPS.

CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER F. CONTRACTS
1 TAC §391.601

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted new rules are necessary to implement the purchase of goods and services made through group purchasing organizations as authorized by Texas Government Code §2155.144 and §2155.1441.

The adopted rules include other non-substantive edits and revisions.