Texas Register Table of Contents
- 1 Governor
- 2 Texas Funeral Service Commission
- 3 Texas Department of State Health Services
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Repealing 25 TAC §228.221, to remove the outdated Mobile Food Units rule from Chapter 228 as part of the implementation of House Bill 2844 (89th Legislature), which transferred mobile food vendor regulation to new 25 TAC Chapter 226.
- 3.0.1.2 Amending 25 TAC §229.372, to implement House Bill 2844 (89th Legislature) by removing permitting fee and procedure references to mobile food units and roadside food vendors and adding a reference to the new mobile food vendor rules in 25 TAC Chapter 226.
- 3.0.1.3 Amending 25 TAC §229.472, to implement House Bill 2844 (89th Legislature) by removing the inspection fee exemption for mobile food units permitted under local authority and adding a reference to the new mobile food vendor rules in 25 TAC Chapter 226.
- 3.0.1 Proposed Rules Re:
- 4 Texas Department of Public Safety
- 5 Texas Health and Human Services Commission
- 5.0.1 Proposed Rules Re:
- 5.0.1.1 Amending 26 TAC §745.21, to implement Senate Bill 1849 (88th Legislature) by adding definitions for SEMARC, SEMARC finding, and related background check terms, updating existing definitions, and consolidating definitions previously contained in §§745.601 and 745.607, which are proposed for repeal.
- 5.0.1.2 Repealing 26 TAC §745.601 and §745.607, amending 26 TAC §§745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, and 745.775, and proposing new 26 TAC §745.675, to implement Senate Bill 1849 (88th Legislature) by repealing outdated background check definition rules, adding a SEMARC check as a required background check component, establishing SEMARC findings that bar presence at or affect licensing for child care operations, and clarifying background check determination and risk evaluation procedures.
- 5.0.1.3 Amending 26 TAC §745.8483, to clarify that confidentiality of child care records may be required by statute or rule and to add a general provision for any other information that is confidential by statute or rule.
- 5.0.1 Proposed Rules Re:
- 6 Texas Health and Human Services Commission
Governor
Appointments Re:
Appointed to the Correctional Managed Health Care Committee for a term to expire February 1, 2029, Brandon R. Cantazaro, M.D. of McAllen, Texas (replacing Brian D. Edwards, M.D. of El Paso whose term expired).
Appointed to the Correctional Managed Health Care Committee for a term to expire February 1, 2029, Robert D. “Bobby” Greenberg, M.D. of Belton, Texas (Dr. Greenberg is being reappointed).
Appointed to the Correctional Managed Health Care Committee for a term to expire February 1, 2029, Divyansu Patel, M.D. of Austin, Texas (Dr. Patel is being reappointed).
Appointed to the Correctional Managed Health Care Committee for a term to expire February 1, 2029, Robert E. “Bob” Suter, Sr., D.O. of Dallas, Texas (replacing Julia A. Hiner, M.D. of Houston whose term expired).
Appointed to the Continuing Advisory Committee for Special Education for a term to expire February 1, 2029, Claudia P. Cavazos of Rosharon, Texas (Ms. Cavazos is being reappointed).
Appointed to the Continuing Advisory Committee for Special Education for a term to expire February 1, 2029, April Estrada, Ed.D. of Wylie, Texas (Dr. Estrada is being reappointed).
Appointed to the Continuing Advisory Committee for Special Education for a term to expire February 1, 2029, Rebecca G. Faulkner of Rochelle, Texas (replacing Adrian Guerra, D.M.A. of Roma whose term expired).
Appointed to the Continuing Advisory Committee for Special Education for a term to expire February 1, 2029, Amy E. Litzinger of Austin, Texas (Ms. Litzinger is being reappointed).
Appointed to the Continuing Advisory Committee for Special Education for a term to expire February 1, 2029, Felicia A. Penn of San Antonio, Texas (replacing Kristie H. Mohajer Motlagh of Leander whose term expired).
Appointed to the Continuing Advisory Committee for Special Education for a term to expire February 1, 2029, Kristen Tuttle Urbanovsky of Elgin, Texas (replacing Diana Nelson of Martindale whose term expired).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2029, Alan Schoolcraft of McQueeney, Texas (replacing Stephanie Klick of Fort Worth whose term expired).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2029, Mandy M. Young of Cedar Park, Texas (replacing Terrie Breeden of Wimberley who resigned).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2031, Rachel C. Bowden of Austin, Texas (Ms. Bowden is being reappointed).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2031, Rebecca A. Ciesielski of Spring, Texas (replacing Stephanie E. Perry of Denton whose term expired).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2031, Susana Perez Kantor of Brownsville, Texas (replacing Hanna H. English of Houston whose term expired).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2031, Cynthia D. “Cindy” Lee, Ed.D. of Plano, Texas (Dr. Lee is being reappointed).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2031, Jennifer E. Villarreal, Ed.D. of Roanoke, Texas (replacing Diana A. Ruiz, D.N.P. of Odessa whose term expired).
Appointed to the Early Childhood Intervention Advisory Committee for a term to expire February 1, 2031, Allison P. Wilson of Austin, Texas (Ms. Wilson is being reappointed).
Appointed to the Texas Funeral Service Commission for a term to expire February 1, 2029, Ivan A. Andarza of Austin, Texas (replacing Dianne W. Hefley of Amarillo who resigned).
Appointed to the Texas Funeral Service Commission for a term to expire February 1, 2029, Jay P. Carnes of Texas City, Texas (replacing Kristin D. Tips of San Antonio who resigned).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2027, Alfred W. “Al” Henderson of Fort Worth, Texas (replacing Chelsea L. Elliot of Austin who resigned).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2028, Kori A. Allen of McKinney, Texas (Ms. Allen is being reappointed).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2028, William R. “Billy” Blanchard, Jr. of Victoria, Texas (Mr. Blanchard is being reappointed).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2028, Evelyn Cano of Pharr, Texas (Ms. Cano is being reappointed).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2028, Shelbi A. Davenport of College Station, Texas (replacing Emma Faye Rudkin of San Antonio whose term expired).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2028, Juan Carlos Lopez of Edinburg, Texas (Mr. Lopez is being reappointed).
Appointed to the Governor’s Committee on People with Disabilities for a term to expire February 1, 2028, Benjamin J. “Ben” Willis of Lumberton, Texas (Mr. Willis is being reappointed).
Texas Funeral Service Commission
Proposed Rules Re:
CHAPTER 206. ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS
22 TAC §206.31, §206.33
OVERVIEW
The Texas Funeral Service Commission (Commission) proposes new rules to Texas Administrative Code (TAC), Title 22, Part 10, in new Chapter 206, Non-Transplant Anatomical Donations: Inspections, §206.31 and §206.33, regarding the inspection procedures for individuals and entities applying for authorization or registration or currently authorized or registered to receive, use, distribute or transport non-transplant whole body donations for the advancement of medical and forensic science.
This section establishes the regulatory framework governing inspections conducted by the Commission for entities involved with non-transplant anatomical specimens. It outlines when inspections are required, including initial authorization, renewals, ownership changes, and routine compliance reviews, as well as the Commission’s authority to perform unannounced inspections. The rule further defines the responsibilities of inspected entities, including cooperation, access to records and personnel, and participation in entrance and exit conferences. It also details the process for addressing deficiencies through formal notification and submission of a Plan of Correction, ensuring ongoing compliance with applicable statutes and regulations.
BACKGROUND AND JUSTIFICATION
The proposed rules under 22 TAC, Chapter 206, implement Texas Health and Safety Code §§691.012(a)(2)-(3), 691.022(b)-(c), and 691.034 which authorizes the Commission by rule to administer its duties to regulate the receipt, use, transport, and distribution of decedent non-transplant whole human body or body part donations for medical or forensic science.
SECTION-BY-SECTION SUMMARY
Proposed new 22 TAC §206.31 requires the Commission to conduct an inspection of an individual or entity applying for initial authorization or registration to operate in Texas, undergoing an ownership change, relocating to a new facility or undergoing major renovations to pass the onsite inspection prior to receiving approval from the Commission. The Commission will conduct onsite inspections, which may be unannounced, of authorized entities once every three years, unless the entity is expressly exempted by statute. The inspections may be conducted at reasonable times, including when a lab or event using human bodies or body parts is occurring. Unannounced inspections may also occur to inspect, investigate or evaluate an entity’s compliance with or to prevent a violation of the law; a Plan of Correction; order by the Commissioners, executive director or executive director’s designee; court order for injunctive relief; or other regulatory purpose. The proposed rule establishes the scenarios in which the commission’s inspections are for evaluating the individual’s or entity’s compliance.
The proposed rule further requires the individual or entity being inspected to cooperate with the Commission, including allowing entry to grounds and records, opportunity to interview and request a written statement from certain individuals, make copies of requested records, and if necessary, opportunity to remove records. The Commission must make reasonable effort to return any removed records in a timely manner. If the inspection purpose is to ensure compliance, the Commission must give the individual or entity opportunity to submit relevant information. Any records considered confidential or proprietary subject to the inspection will be maintained as consistent with applicable law, and released in accordance with statute.
The Commission will hold an entrance and exit conference to discuss the inspection nature, scope, time frame, findings, and possible deficiencies or violations. If deficiencies or violations are found, the individual or entity will be given an opportunity to provide information to show compliance. A report will be sent to the individual or entity seven days after the exit conference ended.
Proposed new 22 TAC §206.33 establishes procedures for a Plan of Correction should the Commission find deficiencies when inspecting an individual or entity. The plan must be sent to the individual/entity within 15 business days after the exit conference by physical or electronic mail. The recipient has 15 calendar days to respond to each cited deficiency, propose timeframes for compliance and provide evidence of compliance. The Commission may or may not accept the recipient’s Plan of Correction. If it does not accept, the recipient is given an additional 15 business days to submit a modified Plan of Correction. Even with a Plan of Correction, at any time, the Commission may take enforcement action against the individual or entity.
Texas Department of State Health Services
Proposed Rules Re:
Repealing 25 TAC §228.221, to remove the outdated Mobile Food Units rule from Chapter 228 as part of the implementation of House Bill 2844 (89th Legislature), which transferred mobile food vendor regulation to new 25 TAC Chapter 226.
CHAPTER 228. RETAIL FOOD ESTABLISHMENTS
SUBCHAPTER H. REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS
25 TAC §228.221
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §228.221, concerning Mobile Food Units.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to remove an outdated rule related to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts. House Bill (HB) 2844, 89th Legislature, Regular Session, 2025, created Texas Health and Safety Code (HSC) Chapter 437B, concerning Mobile Food Vendors (MFVs). HB 2844 made significant changes to how MFVs are regulated, licensed, and inspected in Texas. New rules were proposed in Texas Administrative Code (TAC) Title 25, Chapter 226, concerning Mobile Food Vendors. The proposed new rules were published in the February 20, 2026, issue of the Texas Register (51 TexReg 1013).
SECTION-BY-SECTION SUMMARY
The proposed repeal of §228.221 deletes the rule because mobile food units will be regulated under 25 TAC Chapter 226, Mobile Food Vendors.
Amending 25 TAC §229.372, to implement House Bill 2844 (89th Legislature) by removing permitting fee and procedure references to mobile food units and roadside food vendors and adding a reference to the new mobile food vendor rules in 25 TAC Chapter 226.
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER U. PERMITTING RETAIL FOOD ESTABLISHMENTS
25 TAC §229.372
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes amendments to §229.372, concerning Permitting Fees and Procedures, and §229.472, concerning Inspection Fees and Procedures.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to remove references to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts in 25 Texas Administrative Code (TAC) Chapter 229, Subchapters U and Z as part of the implementation of House Bill (HB) 2844, 89th Legislature, Regular Session, 2025. HB 2844 added Texas Health and Safety Code Chapter 437B, concerning mobile food vendors and made significant changes to how mobile food vendors are regulated, licensed, and inspected in Texas. As a result, DSHS proposed new rules in 25 TAC Chapter 226, concerning Mobile Food Vendors, which were published in the February 20, 2026, issue of the Texas Register (51 TexReg 1013). The proposal complies with statutory requirements of HB 2844 regarding licensing and fees and refers to the changes in the proposed new Chapter 226.
This proposal also updates references in the rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §229.372 removes permitting language in subsection (a)(3) and (4) as part of the implementation of HB 2844, 89th Legislature, Regular Session, 2025; removes the permitting exemption for mobile food units permitted under local authority in subsection (b)(2)(K) and adds a reference to the proposed new rules in Chapter 226; removes the requirement for display of permits on mobile food units in subsection (h)(2); and removes the reference to mobile food units and roadside food vendors in subsection (j)(1)(D). The proposed amendment also updates references in subsection (b)(2)(I) and subsection (c).
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER Z. INSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS
25 TAC §229.472
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes amendments to §229.372, concerning Permitting Fees and Procedures, and §229.472, concerning Inspection Fees and Procedures.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to remove references to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts in 25 Texas Administrative Code (TAC) Chapter 229, Subchapters U and Z as part of the implementation of House Bill (HB) 2844, 89th Legislature, Regular Session, 2025. HB 2844 added Texas Health and Safety Code Chapter 437B, concerning mobile food vendors and made significant changes to how mobile food vendors are regulated, licensed, and inspected in Texas. As a result, DSHS proposed new rules in 25 TAC Chapter 226, concerning Mobile Food Vendors, which were published in the February 20, 2026, issue of the Texas Register (51 TexReg 1013). The proposal complies with statutory requirements of HB 2844 regarding licensing and fees and refers to the changes in the proposed new Chapter 226.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §229.472 removes the permitting exemption for mobile food units permitted under local authority in subsection (d)(9) and adds a reference to the proposed new rules in Chapter 226. The proposed amendment also updates a reference in subsection (b).
Texas Department of Public Safety
Proposed Rules Re:
Amending 37 TAC §§12.12, 12.13, and 12.16, to require applicants for new and renewal registrations under the Compassionate-Use/Low-THC Cannabis Program to submit proof of eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, specifying acceptable documents to be verified through the SAVE Program.
CHAPTER 12. COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM
SUBCHAPTER B. APPLICATION AND RENEWAL
37 TAC §§12.12, 12.13, 12.16
OVERVIEW
The Texas Department of Public Safety (the department) proposes amendments to §§12.12, 12.13, and 12.16, concerning Application and Renewal. The proposed amendments provide that an applicant for a new or renewal registration under the Compassionate-Use/Low-THC Cannabis Program must submit proof to the department of the applicant’s eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 for certain state or local public benefits, including a professional or commercial license, issued by a state agency, and specifies the type of document the applicant must submit.
BACKGROUND AND JUSTIFICATION
This proposal is necessary to ensure that the department is able to verify applicant eligibility consistent with federal law in order to maintain the integrity of the licensing and registration process and protect the health, safety, and welfare of the residents of this state. This proposal is consistent with an emphasis across state government to ensure that no individual in the country illegally receives a state or local public benefit, such as a professional or commercial license, in contradiction to federal law.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §12.12 adds new subsection (a)(3) requiring directors, owners, managers, members, and employees applying for registration to submit proof of eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by providing one of the following documents verified through the United States Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) Program: a valid, unexpired REAL ID-compliant driver license or identification certificate issued by a state or territory of the United States; a valid, unexpired United States passport book or passport card; a valid, unexpired foreign passport with a visa with a valid I-94; an original or certified copy of a birth certificate issued by a state bureau of vital statistics; an original or certified copy of a Consular Report of Birth Abroad; a United States Certificate of Naturalization or Certificate of Citizenship with identifiable photo; a United States Citizen Identification Card; a valid, unexpired Permanent Resident Card; a Machine Readable Immigrant Visa with temporary I-551 language; a valid, unexpired Employment Authorization Document; or any other documentation issued by the appropriate United States agency that authorizes the applicant to be in the United States.
The proposed amendment to §12.13 adds new subsection (d) requiring a renewal applicant to submit proof that the applicant is eligible for registration as required in §12.12(a)(3) of this title.
The proposed amendment to §12.16 provides that the department may deny the application for registration of a director, owner, manager, member, or employee of a dispensing organization if the applicant is disqualified pursuant to §12.3 of this title or the applicant is found to have violated any provision of the Act or this chapter.
Texas Health and Human Services Commission
Proposed Rules Re:
CHAPTER 745. LICENSING
SUBCHAPTER A. PRECEDENCE AND DEFINITIONS
DIVISION 2. DEFINITIONS
26 TAC §745.21
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously considered by HHSC Child Care Regulation (CCR). CCR is proposing amended, new, and repealed rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
The purpose of the proposal is also to update rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to Subchapter A, Division 2, amends the title of the division.
The proposed amendment to §745.21 (1) amends the rule title; (2) amends and deletes many of the existing terms and definitions; (3) adds terms and definitions to the rule; and (4) updates and incorporates definitions from current §745.601 and §745.607, which are proposed for repeal.
Repealing 26 TAC §745.601 and §745.607, amending 26 TAC §§745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, and 745.775, and proposing new 26 TAC §745.675, to implement Senate Bill 1849 (88th Legislature) by repealing outdated background check definition rules, adding a SEMARC check as a required background check component, establishing SEMARC findings that bar presence at or affect licensing for child care operations, and clarifying background check determination and risk evaluation procedures.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
26 TAC §745.601 (Repeal), §745.607 (Repeal), §745.609, §745.615, §745.631, §745.643, §745.675 (New), §745.683, §745.695, §745.751, §745.775
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously considered by HHSC Child Care Regulation (CCR). CCR is proposing amended, new, and repealed rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
The purpose of the proposal is also to update rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Subchapter F, Division 1, deletes §745.601, the division’s only rule, as it is no longer necessary because the content of the rule has been updated and added to proposed amended §745.21.
The proposed amendment to §745.609 (1) amends the rule title; (2) removes cross-references to other rules; (3) adds a Search Engine for Multi-Agency Reportable Conduct (SEMARC) check as part of a required background check; and (4) makes nonsubstantive changes to language and punctuation for better readability and understanding.
The proposed amendment to §745.615 (1) amends the rule title; (2) clarifies that a person who requires a background check in a listed family home that only provides care for related children also needs a National Sex Offender Registry check if the person lived in another state or territory within five years prior to the submission of the background check request; (3) adds a SEMARC check as part of a required background check; and (4) makes nonsubstantive changes to language and punctuation for better readability and understanding.
The proposed repeal of §745.607 deletes the rule as it is no longer necessary because the content of the rule has been updated and added to proposed amended §745.21.
The proposed amendment to §745.631 (1) amends the rule title; (2) makes nonsubstantive changes to language and punctuation for better readability and understanding; and (3) eliminates examples outlining when the Centralized Background Check Unit may place conditions on a subject’s presence.
The proposed amendment to §745.643 (1) amends the rule title; and (2) makes nonsubstantive changes to language and punctuation for better readability and understanding.
Proposed new §745.675 describes the SEMARC findings that would bar a subject’s presence at an operation or qualify the subject for a risk evaluation. SEMARC findings from HHSC EMR, TEA, and TJJD that involve reportable conduct such as abuse, neglect, exploitation, and inappropriate relationships may affect a person’s ability to be present at an operation. The following SEMARC findings result in an absolute bar to a person’s presence at an operation: physical or sexual abuse; inappropriate sexual conduct or communication with a student or child; and unprofessional conduct demonstrating an inappropriate sexual, romantic, or interpersonal relationship with or interest in a child. A SEMARC finding regarding physical abuse results in an absolute bar except for a kinship caregiver, who is eligible for a risk evaluation if the finding is more than five years old. In addition to that exception, the following SEMARC findings are eligible for a risk evaluation: neglect; emotional, verbal, or psychological abuse; financial exploitation or misappropriated funds or property; and any other finding not noted in the section.
The proposed amendment to §745.683 (1) amends the rule title; (2) clarifies that a child-placing agency may request a risk evaluation; and (3) simplifies language for better readability and understanding.
The proposed amendment to §745.695 (1) amends the rule title; (2) removes cross-references to other rules; and (3) simplifies language and makes nonsubstantive changes to punctuation for better readability and understanding.
The proposed amendment to §745.751 (1) amends the rule title; (2) simplifies language to clarify that CCR considers the severity and circumstances of a background check result and the prospective position, role, and responsibilities of the person at the operation when determining if the person is an immediate threat to the health or safety of children; and (3) makes nonsubstantive changes to language, punctuation, and rule organization for better readability and understanding.
The proposed amendment to §745.775 (1) amends the rule title; (2) removes rule language regarding financial crimes to match CCR’s current background check process for licensed administrators and applicants for an administrator’s license; and (3) eliminates duplication of content that exists in another rule.
Amending 26 TAC §745.8483, to clarify that confidentiality of child care records may be required by statute or rule and to add a general provision for any other information that is confidential by statute or rule.
CHAPTER 745. LICENSING
SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY
DIVISION 3. CONFIDENTIAL RECORDS
26 TAC §745.8483
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). CCR is proposing amended, new, and repealed rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §745.8483 (1) amends the rule title; (2) clarifies that confidentiality may be required by statute or rule; and (3) makes nonsubstantive changes to language and punctuation for better readability and understanding.
Texas Health and Human Services Commission
In Addition Re:
Notice of Public Hearing on Proposed State Fiscal Year 2026 Interim Medicaid Reimbursement Rates for State Veterans Nursing Homes, Effective Retroactive to September 1, 2025
The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 26, 2026, at 9:00 a.m. CDT to receive public comments on the proposed interim Medicaid payment rates for State Veterans Nursing Homes. This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following registration URL: https://register.gotowebinar.com/register/5703367378165398613. Members of the public may attend the rate hearing in person, which will be held in the North Austin Complex Building, Public Hearing Room 1.401 at 4601 W. Guadalupe St., Austin, Texas 78751.
HHSC proposes the interim rates determined by the Veterans Land Board (VLB) for the State Veterans Nursing Homes. The proposed interim rates account for actual and projected cost increases to operate these facilities. The proposed rate will be effective retroactive to September 1, 2025.
HHSC maintains the interim rates program so Medicaid-eligible veterans can reside in State Veterans Nursing Homes. Ten homes are currently in operation and overseen by the VLB. To better align with the 1 Texas Administrative Code (TAC) Section 355.111, HHSC performed rate-setting functions and provided rate recommendations to the VLB. The VLB’s determined rates can be viewed on the VLB Costs webpage at glo.texas.gov/veterans/Texas-state-veterans-homes. The VLB is authorized to operate these nursing facilities under Chapter 164, Natural Resources Code.
A briefing packet describing the proposed payment rates will be made available no later than May 12, 2026, at https://pfd.hhs.texas.gov/rate-packets. Written comments regarding the proposed payment rates may be submitted instead of oral testimony until 5:00 p.m. on the day of the hearing to PFD-LTSS@hhs.texas.gov or by mail to Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030.