Texas Register Table of Contents
- 1 Governor
- 2 Texas Health and Human Services Commission
- 2.0.1 Proposed Rules Re:
- 2.0.2 Withdrawn Rules Re:
- 2.0.3 Adopted Rules Re:
- 2.0.3.1 New 26 TAC §§511.1 – 511.3, describing the statutory purpose and implementing new definitions for rules concerning limited services rural hospitals.
- 2.0.3.2 New 26 TAC §§511.11 – 511.17, explaining the licensure requirements for Limited Services Rural Hospitals (LSRH).
- 2.0.3.3 New 26 TAC §§511.41 – 511.78, to describe the minimum standards that Limited Services Rural Hospitals (LSRH) must meet in organizing their governing bodies.
- 2.0.3.4 New 26 TAC §§511.111 – 511.116, to describe the protocol and limitations on Limited Services Rural Hospitals’ (LSRH) authority during HHSC inspections and investigations.
- 2.0.3.5 New 26 TAC §511.121, to outline enforcement procedures that HHSC may take in the event that a Limited Services Rural Hospital (LSRH) commits a violation of statute or rule.
- 2.0.3.6 New 26 TAC §§511.141 – 511.143, to explain the fire and general safety requirements that LSRHs must meet.
- 2.0.3.7 New 26 TAC §§511.161 – 511.169, to outline the requisite construction and building standards for LSRHs.
- 3 State Board of Dental Examiners
- 4 Texas Department of State Health Services
- 4.0.1 Proposed Rules Re:
- 4.0.1.1 Amending 25 TAC §1.81, to include the term “military service member” to the title of the rule and to require DSHS to verify the applicant’s license is in good standing within 30-days of the application.
- 4.0.1.2 New 25 TAC §1.91, to explain the standards for DSHS to determine whether another state’s license requirements are substantially equivalent to Texas’s requirements.
- 4.0.2 Proposed Rule Reviews Re:
- 4.0.3 In Addition Re:
- 4.0.1 Proposed Rules Re:
Governor
Appointments Re:
The Governor appointed five individuals to the Texas Physician Assistant Board.
Appointments for September 19, 2023
Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2025:
- Rao K. Ali, M.D. of Southlake, Texas (replacing Steve S. Ahmed, M.D. of Big Spring, who is deceased).
Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029:
- Stephanie N. Corbett of Harker Heights, Texas (replacing Jennifer L. Clarner of Dripping Springs, whose term expired).
- Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Cameron J. McElhany of Houston, Texas (Mr. McElhany is being reappointed).
- Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Gregory S. “Greg” Rowin, D.O. of Harlingen, Texas (Dr. Rowin is being reappointed).
- Appointed to the Texas Physician Assistant Board for a term to expire February 1, 2029, Richard M. Todd of Rockdale, Texas (replacing Janith K. Milles of Irving, whose term expired).
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 1 TAC §351.3 and new §351.6, to apply the rule to both military service members and military spouses and to establish alternative licensing for military service members, military spouses, and military veterans.
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC §351.3, §351.6
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §351.3, concerning Recognition of Out-of-State License of Military Spouse; and new §351.6, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. The proposed amendment to §351.3 would allow military service members who are currently licensed in good standing with another jurisdiction to engage in a business or occupation in Texas if the other jurisdiction has licensing requirements substantially equivalent to the requirements for the license in Texas. Proposed new §351.6 would create an alternative licensing process for military service members, military spouses, and military veterans. This amendment establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.
SECTION-BY-SECTION SUMMARY
- The proposed amendment to §351.3 replaces “military spouse” in the title with “military service members and military spouses” and otherwise makes the rule applicable to military service members in addition to military spouses. The proposed amendment also adds a requirement that HHSC verify the licensure and issue a verification letter recognizing the licensure within 30 days of the date a military service member or military spouse submits the information required by the rule. The proposed amendment further provides that, in the event of a divorce or similar event that affects a person’s status as a military spouse, the spouse may continue to engage in the business or occupation until the third anniversary of the date the spouse received the verification letter.
- New §351.6 establishes alternative licensing for military service members, military spouses, and military veterans. Alternative licensing is appropriate when the military service member, military spouse, or military veteran is currently licensed in good standing with another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in Texas; or held the same license in Texas within the preceding five years. The new rule provides that HHSC has 30 days from the date a military service member, military spouse, or military veteran submits an application for alternative licensing to process the application and issue a license to a qualified applicant.
Withdrawn Rules Re:
Withdrawing 26 TAC §600.1, to no longer permit a qualified rural hospital designated as a rural emergency hospital by CMS to apply for licensure as a limited services rural hospital.
CHAPTER 600. LIMITED SERVICES RURAL HOSPITALS
26 TAC §600.1
OVERVIEW
The Health and Human Services Commission withdraws emergency §600.1 which appeared in the July 21, 2023, issue of the Texas Register (48 TexReg 3953).
Adopted Rules Re:
New 26 TAC §§511.1 – 511.3, describing the statutory purpose and implementing new definitions for rules concerning limited services rural hospitals.
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §§511.1 – 511.3
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
New 26 TAC §§511.11 – 511.17, explaining the licensure requirements for Limited Services Rural Hospitals (LSRH).
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER B. LICENSING REQUIREMENTS
26 TAC §§511.11 – 511.17
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
New 26 TAC §§511.41 – 511.78, to describe the minimum standards that Limited Services Rural Hospitals (LSRH) must meet in organizing their governing bodies.
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
26 TAC §§511.41 – 511.78
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER D. INSPECTIONS AND INVESTIGATIONS
26 TAC §§511.111 – 511.116
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
New 26 TAC §511.121, to outline enforcement procedures that HHSC may take in the event that a Limited Services Rural Hospital (LSRH) commits a violation of statute or rule.
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER E. ENFORCEMENT
26 TAC §511.121
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
New 26 TAC §§511.141 – 511.143, to explain the fire and general safety requirements that LSRHs must meet.
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER F. FIRE PREVENTION AND SAFETY
26 TAC §§511.141 – 511.143
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
New 26 TAC §§511.161 – 511.169, to outline the requisite construction and building standards for LSRHs.
CHAPTER 511. LIMITED SERVICES RURAL HOSPITALS
SUBCHAPTER G. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS
26 TAC §§511.161 – 511.169
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new Chapter 511, concerning Limited Services Rural Hospitals, comprising of §§511.1 – 511.3, 511.11 – 511.17, 511.41 – 511.78, 511.111 – 511.116, 511.121, 511.141 – 511.143, and 511.161 – 511.169 in Texas Administrative Code Title 26.
New §§511.1, 511.2, 511.11 – 511.13, 511.42, 511.44 – 511.46, 511.49 – 511.52, 511.54 – 511.56, 511.60, 511.61, 511.63, 511.65, 511.67, 511.68, 511.76, 511.78, 511.111, 511.163, and 511.165 are adopted with changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will be republished.
New §§511.3, 511.14 – 511.17, 511.41, 511.43, 511.47, 511.48, 511.53, 511.57 – 511.59, 511.62, 511.64, 511.66, 511.69 – 511.75, 511.77, 511.112 – 511.116, 511.121, 511.141 – 511.143, 511.161, 511.162, 511.164, and 511.166 – 511.169 are adopted without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3064). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections implement Senate Bill (S.B.) 1621, 86th Legislature, Regular Session, 2019, relating to certain rural medical facilities; requiring a license; authorizing fees and taxes, which amends Texas Health and Safety Code (HSC) Chapter 241 by adding Subchapter K, relating to Limited Services Rural Hospital.
HSC §241.302(b), as added by S.B. 1621, requires HHSC to adopt rules to establish the minimum standards for limited services rural hospitals (LSRHs) and to implement licensing standards for LSRHs under HSC §241.302 if the United States Congress enacts a bill creating a payment program for LSRHs or similarly designated hospitals that becomes law.
The federal Consolidated Appropriations Act, 2021, became law on December 27, 2020, and required the Centers for Medicare and Medicaid Services (CMS) to establish a federal rural emergency hospital (REH) designation. CMS adopted federal Conditions of Participation for REHs effective January 1, 2023, and now HHSC must adopt rules as required by HSC Section 241.302(b).
State Board of Dental Examiners
Proposed Rules Re:
Amending 22 TAC §102.1, to increase peer assistance fees for registered dental assistants.
CHAPTER 102. FEES
22 TAC §102.1
OVERVIEW
The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning fees. The proposed amendment increases the peer assistance fees for registered dental assistants to account for the increased peer assistance costs to the agency. Specifically, the proposed amendment increases the peer assistance fees by $1 for initial and renewal registered dental assistant applications.
Texas Department of State Health Services
Proposed Rules Re:
Amending 25 TAC §1.81, to include the term “military service member” to the title of the rule and to require DSHS to verify the applicant’s license is in good standing within 30-days of the application.
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER F. LICENSURE EXEMPTIONS
25 TAC §1.81
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse; and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. S.B. 422 allows military service members, military spouses, and military veterans who are currently licensed by another jurisdiction to engage in a business or occupation in Texas and grants the person a verification letter or alternative license after meeting certain conditions to operate for three years. This amendment establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §1.81 adds the term “military service member” to the title of the rule and throughout §1.81. The proposed amendment also adds a requirement that DSHS verify the applicant is licensed in good standing within 30 days of the date a military service member or military spouse submits the application. The proposed amendment authorizes a person who receives a verification letter to continue to engage in the business or occupation until the third anniversary of the date the military spouse received the letter, even if that person’s status as a military spouse has changed. A list of criteria is added for DSHS to review and evaluate whether another state’s license requirements are substantially equivalent to the requirements of this state.
New 25 TAC §1.91, to explain the standards for DSHS to determine whether another state’s license requirements are substantially equivalent to Texas’s requirements.
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER G. ALTERNATIVE LICENSING FOR MILITARY
25 TAC §1.91
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse; and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. S.B. 422 allows military service members, military spouses, and military veterans who are currently licensed by another jurisdiction to engage in a business or occupation in Texas and grants the person a verification letter or alternative license after meeting certain conditions to operate for three years. This amendment establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.
SECTION-BY-SECTION SUMMARY
New §1.91 establishes alternative licensing for military service members, military spouses, and military veterans. A list of criteria is added for DSHS to review and evaluate whether another state’s license requirements are substantially equivalent to the requirements of this state.
Proposed Rule Reviews Re:
Proposed review of Title 25, Part 1 for readoption, revision, or repeal.
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code.
In Addition Re:
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 5762.
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 5769.