Texas Register August 28, 2026 Volume: 51 Number: 35

Governor

Appointments Re:

Appointed to the Texas Council for Developmental Disabilities for a term to expire February 1, 2027, Calvin R. Davis of Dallas, Texas (replacing Kyle D. Cox of College Station who is deceased).

Appointed to the Texas Council for Developmental Disabilities for a term to expire February 1, 2029, Alicia R. Deal, Ph.D. of Grapeland, Texas (replacing Lisa V. Marenco of El Paso who resigned).

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §354.1369, to repeal the rule concerning Attendant Base Wage.

CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
DIVISION 27. COMMUNITY FIRST CHOICE
1 TAC §354.1369

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC) Title 1, Part 15, Chapter 354, Subchapter A, Division 27, §354.1369, concerning Attendant Base Wage.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove references to repealed §355.7051, Base Wage for a Personal Attendant before September 1, 2025, in §354.1369 to reflect the discontinuation of the attendant base wage described in §355.7051. The proposed repeal of §355.7051 is published elsewhere in this issue of the Texas Register.

Amending 1 TAC §355.7051, to repeal the rule concerning Base Wage for a Personal Attendant before September 1, 2025.

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER H. BASE WAGE REQUIREMENTS FOR PERSONAL ATTENDANTS
1 TAC §355.7051

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC) Title 1, Part 15 Chapter 355, Subchapter H, §355.7051, concerning Base Wage for a Personal Attendant before September 1, 2025.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to repeal §355.7051. The proposed repeal is in accordance with 2026-27 General Appropriations Act (GAA) Senate Bill 1, 89th Legislature, Regular Session, 2025 (Article II, Health and Human Services Commission, Rider 23) (Rider 23). Rider 23 revised the personal attendant wage by providing appropriations to support a new average attendant base wage. Section 355.7052, Reimbursement Methodology for Determining Attendant Cost Component, was adopted and effective in September 2025 to outline new methodology for personal attendant wage rates and §355.7051 became obsolete effective September 1, 2025.

Amending 1 TAC §363.603, concerning Provider Participation Requirements.

CHAPTER 363. TEXAS HEALTH STEPS COMPREHENSIVE CARE PROGRAM
SUBCHAPTER F. PERSONAL CARE SERVICES
1 TAC §363.603

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to Texas Administrative Code (TAC) Title 1, Part 15, Chapter 363, Subchapter F, §363.603, concerning Provider Participation Requirements.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove references to repealed §355.7051, Base Wage for a Personal Attendant before September 1, 2025, in §363.603. The proposed repeal of §355.7051 is published elsewhere in this issue of the Texas Register.

Additionally, the proposal updates TAC citations in the rule.

SECTION-BY-SECTION SUMMARY

The proposal amends §363.603 to reflect the discontinuation of the attendant base wage described in §355.7051 and updates references to TAC citations.

Amending 26 TAC §275.53 and §275.129, concerning Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options, and Individual Responsibilities in the Block Grant Option.

CHAPTER 275. CONSUMER MANAGED PERSONAL ATTENDANT SERVICES (CMPAS) PROGRAM
SUBCHAPTER C. SERVICE DELIVERY IN ALL CMPAS OPTIONS
26 TAC §275.53
SUBCHAPTER D. SERVICE DELIVERY OPTIONS
DIVISION 2. BLOCK GRANT OPTION
26 TAC §275.129

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to Texas Administrative Code (TAC) Title 26, Part 1, Chapter 275, Subchapter C, §275.53, concerning Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options, and Subchapter D, Division 2, §275.129, concerning Individual Responsibilities in the Block Grant Option.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to remove references to repealed 1 TAC §355.7051, Base Wage for a Personal Attendant before September 1, 2025, in §275.53 and §275.129. The proposed repeal of 1 TAC §355.7051 is published elsewhere in this issue of the Texas Register.

Additionally, the proposal updates TAC citations in the rules.

SECTION-BY-SECTION SUMMARY

The proposal amends §275.53 and §275.129 to remove references to 1 TAC §355.7051 and updates references to TAC citations.

Amending 26 TAC Chapter 350, concerning Early Childhood Intervention Services, Subchapter A, General Rules (§350.103, §350.105).

CHAPTER 350. EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER A. GENERAL RULES
26 TAC §350.103, §350.105

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes in the Texas Administrative Code (TAC), Title 26, Chapter 350, concerning Early Childhood Intervention Services, amendments to §§350.103, 350.105, 350.203, 350.204, 350.207, 350.211, 350.213, 350.215, 350.217 – 350.219, 350.221, 350.223, 350.227, 350.229, 350.231, 350.233, 350.235, 350.237, 350.239, 350.307, 350.309 – 350.311, 350.313, 350.314, 350.405, 350.409, 350.417, 350.505, 350.704, 350.705, 350.809, 350.813, 350.815, 350.825, 350.1009, 350.1017, 350.1105, 350.1203, 350.1205, 350.1209, 350.1211, 350.1213, 350.1217, 350.1407, 350.1409, 350.1417, 350.1419, 350.1421, 350.1423, 350.1425, 350.1427, 350.1429, 350.1431, 350.1435, 350.1437, and 350.1439; and new §§350.816, 350.1020, and 350.1216.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to update rules as they relate to Early Childhood Intervention (ECI) to increase administrative efficiencies and improve processes for ECI subrecipients. The proposal aligns rules with the Code of Federal Regulations, Title 34, Subtitle B, Chapter III, Part 303.

The proposal is necessary to align with House Bill 5629, 89th Legislature, Regular Session, 2025, which amended Texas Occupations Code §55.004 and §55.0041 to require state agencies that issue a license to issue a license to an applicant who is a military service member, military veteran, or military spouse who holds a current out-of-state license in good standing that is similar in scope of practice to the license issued by the state agency. As the authority for the Early Intervention Specialist (EIS) credentialing process, HHSC ECI must implement applicable policies and procedures for the EIS credential.

The proposal also contains non-substantive changes to improve readability, consistency, and understanding.

The proposal simplifies the rules and reduces unnecessary administrative work related to services for children who are deaf or hard of hearing, deaf-blind, or visually impaired, where possible.

SECTION-BY-SECTION SUMMARY

The proposal revises terminology by replacing “contractor” with “subrecipient” to align with ECI contracts, “early childhood intervention” with “ECI,” and the “Texas Health and Human Services Commission” with “HHSC” throughout the rules. The proposal also makes non-substantive terminology and grammatical revisions to improve clarity and readability.

Subchapter A, General Rules

The proposed amendment to §350.103, Definitions, adds or revises the following definitions: Children’s Health Insurance Program (CHIP); comprehensive needs assessment; co-visits; DFPS; ECI program; ECI services; early childhood special education; group services; IFSP team; interdisciplinary team; limited personally identifiable information; participating agency; subrecipient; targeted case management. The definitions have also been renumbered.

The proposed amendment to §350.105, Safety Regulations, makes non-substantive terminology and grammatical revisions to promote consistency and clarity.

Amending 26 TAC §§350.203, 350.204, 350.207, 350.211, 350.213, 350.215, 350.217 – 350.219, 350.221, 350.223, 350.227, 350.229, 350.231, 350.233, 350.235, 350.237, 350.239, concerning Procedural Safeguards and Due Process Procedures.

SUBCHAPTER B. PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
26 TAC §§350.203, 350.204, 350.207, 350.211, 350.213, 350.215, 350.217 – 350.219, 350.221, 350.223, 350.227, 350.229, 350.231, 350.233, 350.235, 350.237, 350.239

OVERVIEW

BACKGROUND AND JUSTIFICATION

The proposal also contains non-substantive changes to improve readability, consistency, and understanding.

The proposal simplifies the rules and reduces unnecessary administrative work related to services for children who are deaf or hard of hearing, deaf-blind, or visually impaired, where possible.

SECTION-BY-SECTION SUMMARY

Subchapter B, Procedural Safeguards and Due Process Procedures

The proposed amendment to §350.203, Responsibilities, adds a citation to the Code of Federal Regulations (CFR), removes a redundant citation to the CFR, and revises the title of the Early Childhood Intervention Parent Handbook.

The proposed amendment to §350.204, Prior Written Notice, updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.207, Parental Consent, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.211, Parent, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.213, Surrogate Parents, removes subsection (c)(5) which explains the reasoning for the rule requirements under (c)(1) through (c)(4), updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.215, Early Childhood Intervention (ECI) Procedures for Filing Complaints, updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.217, Procedures for Investigation and Resolution of Complaints, updates formatting and makes non-substantive edits to improve readability and clarity. The proposed amendment also updates a TAC reference and adds a reference to CFR.

The proposed amendment to §350.218, Mediation, updates formatting and makes non-substantive edits to improve readability and clarity and updates TAC references.

The proposed amendment to §350.219, Confidentiality Notice to Parents, revises the title of the Early Childhood Intervention Parent Handbook and makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.221, Access Rights, updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.223, Fees for Records, makes non-substantive edits to improve readability and clarity and adds a citation to the CFR.

The proposed amendment to §350.227, Opportunity for a Hearing, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.229, Minimum Requirements for Conducting a Hearing, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.231, Results of Hearing, makes non-substantive terminology and grammatical revisions to improve consistency and clarity and adds a citation to the CFR.

The proposed amendment to §350.233, Release of Personally Identifiable Information, updates formatting and makes non-substantive edits to improve readability and clarity. The proposed amendment also adds the United States Department of Education to the list of federal or state oversight entities that an ECI subrecipient can disclose personally identifiable information to without prior written parental consent, adds a citation to the Uninterrupted Scholars Act, and updates a TAC reference.

The proposed amendment to §350.235, Safeguards, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.237, Record Retention Period, updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.239, Destruction of Information, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

Amending 26 TAC §§350.307, 350.309 – 350.311, 350.313, 350.314, concerning Staff Qualifications.

SUBCHAPTER C. STAFF QUALIFICATIONS
26 TAC §§350.307, 350.309 – 350.311, 350.313, 350.314

OVERVIEW

BACKGROUND AND JUSTIFICATION

The proposal also contains non-substantive changes to improve readability, consistency, and understanding.

SECTION-BY-SECTION SUMMARY

Subchapter C, Staff Qualifications

The proposed amendment to §350.307, Personnel Grievances, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.309, Minimum Requirements for All Direct Service Staff, corrects the alphabetization for definitions, updates formatting, and makes non-substantive edits to improve readability and clarity. The proposed amendment also updates a citation to §350.313.

The proposed amendment to §350.310, Criminal Background Checks, updates formatting, adds a TAC reference, and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.311, Licensed Professional, updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.313, Early Intervention Specialist, adds a pathway for professionals who are military service members, military spouses, and military veterans who hold a current out of state license in good standing with a similar scope of practice as an EIS, to obtain the EIS credential. The proposed amendment also updates formatting, makes non-substantive edits to improve readability and clarity and updates cross-references.

The proposed amendment to §350.314, EIS Code of Ethics, adds language to codify a code of ethics standard that an EIS must report child abuse, neglect, or exploitation as directed by Texas Family Code §261.101. The proposed amendment also revises the rule to align with language in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The proposed amendment also makes non-substantive edits to improve readability and clarity.

Amending 26 TAC §§350.405, 350.409, 350.417, concerning Case Management for Infants and Toddlers with Developmental Disabilities.

SUBCHAPTER D. CASE MANAGEMENT FOR INFANTS AND TODDLERS WITH DEVELOPMENTAL DISABILITIES
26 TAC §§350.405, 350.409, 350.417

OVERVIEW

BACKGROUND AND JUSTIFICATION

The proposal also contains non-substantive changes to improve readability, consistency, and understanding.

SECTION-BY-SECTION SUMMARY

Subchapter D, Case Management For Infants and Toddlers With Developmental Disabilities

The proposed amendment to §350.405, Case Management Services, updates cross-references.

The proposed amendment to §350.409, Conditions for Case Management Provider Agency Participation, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.417, Due Process, makes non-substantive terminology and grammatical revisions to improve consistency and clarity and updates a TAC citation.

Amending 26 TAC §350.505, concerning Specialized Rehabilitative Services.

SUBCHAPTER E. SPECIALIZED REHABILITATIVE SERVICES
26 TAC §350.505

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to update rules as they relate to Early Childhood Intervention (ECI) to increase administrative efficiencies and improve processes for ECI subrecipients. The proposal also contains non-substantive changes to improve readability, consistency, and understanding.

SECTION-BY-SECTION SUMMARY

Subchapter E, Specialized Rehabilitative Services

The proposed amendment to §350.505, Conditions for Provider Agency Participation, makes non-substantive terminology revisions to improve consistency and clarity.

Amending 26 TAC §350.704, §350.705, concerning Referral, Pre-Enrollment, and Developmental Screening.

SUBCHAPTER G. REFERRAL, PRE-ENROLLMENT, AND DEVELOPMENTAL SCREENING
26 TAC §350.704, §350.705

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to update rules as they relate to Early Childhood Intervention (ECI) to increase administrative efficiencies and improve processes for ECI subrecipients. The proposal also contains non-substantive changes to improve readability, consistency, and understanding.

SECTION-BY-SECTION SUMMARY

Subchapter G, Referral, Pre-Enrollment, and Developmental Screening

The proposed amendment to §350.704, Referral Requirements, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.705, Child Referred before Birth, makes a non-substantive terminology revision.

Amending 26 TAC §§350.809, 350.813, 350.815, 350.825, and new §350.816, concerning Eligibility, Evaluation, and Assessment.

SUBCHAPTER H. ELIGIBILITY, EVALUATION, AND ASSESSMENT
26 TAC §§350.809, 350.813, 350.815, 350.816, 350.825

OVERVIEW

BACKGROUND AND JUSTIFICATION

The proposal also clarifies requirements related to eligibility for children who are deaf or hard of hearing, deaf-blind, or visually impaired and requirements for when a child transitions from ECI to early childhood special education. The proposal simplifies the rules and reduces unnecessary administrative work related to services for children who are deaf or hard of hearing, deaf-blind, or visually impaired, where possible.

SECTION-BY-SECTION SUMMARY

Subchapter H, Eligibility, Evaluation, and Assessment

The proposed amendment to §350.809, Initial Eligibility Criteria, adds deaf-blindness as an eligibility category for a child to be eligible for ECI to align with Texas Education Agency (TEA) rules in 19 TAC §89.1040, concerning Eligibility Criteria. The proposed amendment also updates formatting, makes non-substantive edits to improve readability and clarity, and updates cross-references.

The proposed amendment to §350.813, Deaf or Hard of Hearing, reorganizes the rule language to enhance clarity and better aligns with TEA eligibility rules. The proposed amendment also adds a requirement for ECI subrecipients to refer a child who is suspected of being deaf or hard of hearing directly to the Local Educational Agency (LEA). The proposed amendment also makes non-substantive edits to improve readability and clarity and adds a citation to the CFR.

The proposed amendment to §350.815, Visual Impairment, reorganizes the rule language to enhance clarity and better align with TEA eligibility rules. The proposed amendment also adds a requirement for ECI subrecipients to refer a child who is suspected of being blind or visually impaired directly to the LEA. The proposed amendment also makes non-substantive edits to improve readability and clarity and adds a citation to the CFR.

Proposed new §350.816, Deaf-blindness, adds requirements for a child to meet initial eligibility criteria with documentation that they are deaf-blind. Effective May 18, 2025, TEA added 19 TAC §231.710, which established certification requirements for teachers of students who are deaf-blind. HHSC ECI added deaf-blindness to the initial eligibility criteria to ensure children who are deaf-blind have access to appropriate services.

The proposed amendment to §350.825, Eligibility Statement, adds deaf-blindness as an eligibility category on the eligibility statement to align with the amendment to §350.809.

Amending 26 TAC §350.1009, §350.1017, and new §350.1020, concerning Individualized Family Service Plan (IFSP).

SUBCHAPTER J. INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)
26 TAC §§350.1009, 350.1017, 350.1020

OVERVIEW

BACKGROUND AND JUSTIFICATION

The proposal clarifies requirements related to eligibility for children who are deaf or hard of hearing, deaf-blind, or visually impaired, and clarifies procedures for re-establishing IFSP services after a child’s services have been suspended or the child has been disenrolled or discharged, in order to increase administrative efficiencies for ECI subrecipients.

SECTION-BY-SECTION SUMMARY

Subchapter J, Individualized Family Service Plan (IFSP)

The proposed amendment to §350.1009, Participants in Initial and Annual Individualized Family Service Plan Meetings, reorganizes the rule and adds a requirement that a certified teacher of the deaf-blind and a certified orientation and mobility specialist is present at the initial and annual IFSP meetings for children who are deaf-blind. The proposed amendment also indicates that if a certified teacher of students who are deaf-blind is not available, a certified teacher of students who are deaf or hard of hearing and a certified teacher of students with visual impairments must be present. The proposed amendment also adds language to clarify what an ECI subrecipient must do if the LEA has not completed evaluations and assessments within 45 days after ECI receives a referral for a child who is deaf or hard of hearing, has a visual impairment, or is deaf-blind. The proposed amendment changes the number of days for when a request for another IFSP meeting may be made from five to ten. The proposed amendment also makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.1017, Periodic Reviews, updates formatting and makes non-substantive edits to improve readability and clarity.

Proposed new §350.1020, Re-Establishing IFSP Services, codifies internal procedures regarding ECI subrecipients re-establishing IFSP services after a child’s IFSP services have been suspended or discontinued, or the child has been disenrolled or discharged. The proposed new rule promotes clarity and supports ECI subrecipients by providing the appropriate steps for re-establishing IFSP services.

Amending 26 TAC §350.1105, concerning Service Delivery.

SUBCHAPTER K. SERVICE DELIVERY
26 TAC §350.1105

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to Texas Administrative Code (TAC) Title 26, Chapter 350, §350.1105, concerning Capacity to Provide Early Childhood Intervention Services, among other sections of the chapter.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to update rules as they relate to Early Childhood Intervention (ECI) to increase administrative efficiencies and improve processes for ECI subrecipients, and to make non-substantive changes to improve readability, consistency, and understanding.

SECTION-BY-SECTION SUMMARY

Subchapter K, Service Delivery

The proposed amendment to §350.1105, Capacity to Provide Early Childhood Intervention Services, makes non-substantive edits to improve readability and clarity and updates a citation to §350.103.

Amending 26 TAC §§350.1203, 350.1205, 350.1209, 350.1211, 350.1213, 350.1217, and new §350.1216, concerning Transition.

SUBCHAPTER L. TRANSITION
26 TAC §§350.1203, 350.1205, 350.1209, 350.1211, 350.1213, 350.1216, 350.1217

OVERVIEW

BACKGROUND AND JUSTIFICATION

The proposal clarifies requirements related to transition of a child from ECI to early childhood special education (ECSE), including notification and referral requirements to the Local Educational Agency and the State Educational Agency, and the family’s right to opt out of those notifications, in order to increase administrative efficiencies and improve processes for ECI subrecipients.

SECTION-BY-SECTION SUMMARY

Subchapter L, Transition

The proposed amendment to §350.1203, Definitions, adds a definition for “SEA notification” to align with 34 CFR §303.3(b)(1). The proposed amendment also updates the definition of “LEA notification” to clarify that the LEA treats the notification as a referral for services and removes the definition of “LEA notification opt-out” because the term is not used in rule. The proposed amendment also moves the definition of “limited personally identifiable information” from this rule because it was added to §350.103.

The proposed amendment to §350.1205, Transition Education and Information for the Family, clarifies that the family’s right to opt out of the LEA notification also applies to the State Educational Agency (SEA) notification. The proposed amendment also makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.1209, State Education Agency Notification, updates the title of the rule to “State Educational Agency Notification.” The proposed amendment also adds language to clarify requirements for allowing families to opt out of the TEA notification. The proposed amendment makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.1211, Local Education Agency Notification of Potential Eligibility for Early Childhood Special Education Services, updates the title of the rule to “Local Educational Agency Notification of Potential Eligibility for Early Childhood Special Education Services.” The proposed amendment clarifies the requirement for the LEA notification to include all required elements designated by HHSC ECI. The proposed amendment also includes revisions to require the subrecipient, with written parental consent, to provide the date the child enrolled for part C services to the LEA. The proposed amendment also clarifies the requirements for an ECI subrecipient when a referral is received for a child fewer than 45 days before the child’s third birthday.

The proposed amendment to §350.1213, The Family’s Right to Opt Out of the Local Education Agency Notification, updates the title to “The Family’s Right to Opt Out of the Local Educational Agency and State Educational Agency Notification.” The proposed amendment updates references from “SEA” to “TEA.” The proposed amendment also clarifies that if the family opts out of the LEA notification, the family is also opting out of the TEA notification. The proposed amendment also updates formatting and makes non-substantive edits to improve readability and clarity.

Proposed new §350.1216, Early Childhood Intervention Referrals to the Local Education Agency, adds clarification about requirements for an ECI subrecipient related to referring a child to the LEA.

The proposed amendment to §350.1217, Local Education Agency Transition Conference, updates the title of the rule to “Local Educational Agency Transition Conference.” The proposed amendment also clarifies that the ECI subrecipient, with parental approval, must convene the LEA transition conference for each child enrolled in ECI who may be eligible for ECSE. The proposed amendment outlines the minimum requirements for the LEA transition conference and the timeline and documentation requirements for the LEA transition conference. The proposed amendment also outlines requirements for the ECI subrecipient when the LEA is unable to attend the conference and adds requirements surrounding obtaining parental approval and written consent.

Amending 26 TAC §§350.1407, 350.1409, 350.1417, 350.1419, 350.1421, 350.1423, 350.1425, 350.1427, 350.1429, 350.1431, 350.1435, 350.1437, 350.1439, concerning Family Cost Share System.

SUBCHAPTER N. FAMILY COST SHARE SYSTEM
26 TAC §§350.1407, 350.1409, 350.1417, 350.1419, 350.1421, 350.1423, 350.1425, 350.1427, 350.1429, 350.1431, 350.1435, 350.1437, 350.1439

OVERVIEW

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to update rules as they relate to Early Childhood Intervention (ECI) to increase administrative efficiencies and improve processes for ECI subrecipients, and to make non-substantive changes to improve readability, consistency, and understanding.

SECTION-BY-SECTION SUMMARY

Subchapter N, Family Cost Share System

The proposed amendment to §350.1407, Family Cost Share System Administration, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1409, Parent Rights Related to the Family Cost Share System, makes non-substantive edits to improve readability and clarity and updates TAC citations.

The proposed amendment to §350.1417, Family Cost Share Agreement, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1419, Private Insurance, clarifies the requirement that if a parent does not provide consent to bill and release personally identifiable information to private insurance, the ECI subrecipient must bill the family up to the family’s maximum charge. The proposed amendment also updates formatting and makes non-substantive edits to improve readability and clarity.

The proposed amendment to §350.1421, Insurance Premiums, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1423, Co-pays, Co-Insurance, and Deductibles, makes a non-substantive terminology revision.

The proposed amendment to §350.1425, Public Benefits and Insurance, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1427, Maximum Charge, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1429, Family Size and Adjusted Income makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1431, Texas Health and Human Services Commission Early Childhood Intervention Sliding Fee Scale, removes a reference to a fixed percentage that is no longer applicable. The proposed amendment also updates formatting.

The proposed amendment to §350.1435, Suspension of Services for Nonpayment, adds a reference to new §350.1020 and makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1437, Conditions for Provider Agency Participation, makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

The proposed amendment to §350.1439, Program Fiscal and Recordkeeping Policies makes non-substantive terminology and grammatical revisions to improve consistency and clarity.

Amending 26 TAC §744.501, concerning Operational Policies and Procedures Requirements, and the repeal of §744.625, concerning tuberculosis examinations for children in care.

CHAPTER 744. MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTER-SCHOOL PROGRAMS
26 TAC §744.501
26 TAC §744.625

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §744.501, What written operational policies must I have, and the repeal of §744.625, Must children in my care have a tuberculosis (TB) examination.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to (1) implement House Bill (HB) 2789, Sections 2 and 3, 89th Legislature, Regular Session, 2025; and (2) partially implement HB 163, 89th Legislature, Regular Session, 2025. HB 2789, Section 2 amended Texas Human Resources Code (HRC) §42.043(b) to remove the requirement for a child in care to have a tuberculosis (TB) test. HB 163 repealed statutory provisions in Texas Health and Safety Code §773.0145(a) and (b), regarding possession and administration of unassigned epinephrine in a child-care facility as defined by Texas Human Resources Code (HRC) §42.002. Therefore, the proposed amendments and repeal in Chapter 744 (1) remove requirements related to TB testing; and (2) remove the requirement for a child care operation to have operational policies and procedures for maintaining and administering unassigned epinephrine auto-injectors. TB-related rules are also being removed because the Texas Department of State Health Services no longer recommends universal TB screening for settings with populations at low risk of TB such as schools and child care operations.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §744.501, What written operational policies must I have, changes the rule title to “Operational Policies and Procedures Requirements.” The proposed amendment removes policy requirements related to unassigned epinephrine auto-injectors and renumbers paragraphs.

The proposed repeal of §744.625, Must children in my care have a tuberculosis (TB) examination, removes the requirement for children in care to have a TB test.

Amending 26 TAC §744.1103, concerning Employee Minimum Qualifications.

26 TAC §744.1103

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §744.1103, What minimum qualifications must each of my employees meet.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (HB) 2789, Section 2, 89th Legislature, Regular Session, 2025, which amended Texas Human Resources Code (HRC) §42.043(b) to remove the requirement for a child in care to have a tuberculosis (TB) test. The proposed amendment removes the corresponding TB examination requirement for employees. TB-related rules are also being removed because the Texas Department of State Health Services no longer recommends universal TB screening for settings with populations at low risk of TB such as schools and child care operations.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §744.1103, What minimum qualifications must each of my employees meet, changes the rule title to “Employee Minimum Qualifications.” The proposed amendment removes paragraph (2) to remove the requirement for an employee to have a current record of a TB examination that shows that the employee is free of contagious TB. The proposed amendment renumbers paragraphs (3) and (4) as paragraphs (2) and (3) because of the removal of paragraph (2). The proposed amendment removes form numbers and a reference to Subchapter F in Chapter 745 to avoid a need to amend the rule if these change.

Amending 26 TAC §746.501, concerning Operational Policies and Procedures Requirements, and the repeal of §746.627, concerning tuberculosis examinations for children in care.

CHAPTER 746. MINIMUM STANDARDS FOR CHILD CARE CENTERS
26 TAC §746.501
26 TAC §746.627

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §746.501, What written operational policies must I have, and the repeal of §746.627, Must children in my care have a tuberculosis (TB) examination.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to (1) implement House Bill (HB) 2789, Sections 2, 3, and 9, 89th Legislature, Regular Session, 2025; and (2) partially implement Section 27 of Senate Bill (SB) 1619, 89th Legislature, Regular Session, 2025. HB 2789, Section 2 amended Texas Human Resources Code (HRC) §42.043(b) to remove the requirement for a child in care to have a tuberculosis (TB) test. Section 9 repealed HRC §42.0431(b) to remove requirements for a licensed child care center and licensed child care home to maintain screening records for vision, hearing, and any other special senses or communication disorders for children attending the facility and for HHSC to inspect those records in accordance with protocol agreements between HHSC and the Texas Department of State Health Services. SB 1619, Section 27 amended HRC §42.067(a) by adding the term “epinephrine delivery system” to expand the allowable epinephrine devices to include epinephrine nasal spray in addition to an epinephrine auto-injector. The proposed amendments and repeal in Chapter 746 (1) remove requirements related to TB testing in child care centers; (2) update and remove requirements related to vision and hearing screening records in child care centers; and (3) update epinephrine terminology and policy requirements in child care centers. TB-related rules are also being removed because the Texas Department of State Health Services no longer recommends universal TB screening for settings with populations at low risk of TB such as schools and child care operations.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §746.501, What written operational policies must I have, changes the rule title to “Operational Policies and Procedures Requirements.” The proposed amendment removes the requirement to have a policy for TB screening and testing, and renumbers paragraphs. The proposed amendment adds a statutory reference to HRC §42.0431 in the requirement for a child care center to have policies for hearing and vision screening. The proposed amendment updates the policy requirement, statutory and rule references, and terminology if the operation maintains and administers an unassigned epinephrine delivery system. The proposed amendment updates language related to gang-free zones to align with statutory requirements in the Texas Penal Code.

The proposed repeal of §746.627, Must children in my care have a tuberculosis (TB) examination, removes the requirement for children in care to have a TB examination.

Amending 26 TAC §746.629, concerning Vision and Hearing Screening Requirements.

26 TAC §746.629

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §746.629, Must children in my care have vision and hearing screening.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Section 9 of House Bill (HB) 2789, 89th Legislature, Regular Session, 2025, which repealed Texas Human Resources Code (HRC) §42.0431(b) to remove requirements for a licensed child care center to maintain screening records for vision, hearing, and any other special senses or communication disorders for children attending the facility and for HHSC to inspect those records in accordance with protocol agreements between HHSC and the Texas Department of State Health Services.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §746.629, Must children in my care have vision and hearing screening, changes the rule title to “Vision and Hearing Screening Requirements.” The proposed amendment clarifies for a child care center that 25 TAC Chapter 37, Subchapter C, are the state rules that implement Texas Health and Safety Code, Chapter 36. The proposed amendment updates the website that may be accessed for specific information on vision and hearing screening. The proposed amendment removes the requirements in subsection (b) for a child care center to maintain vision and hearing screening records for each child in care. The proposed amendment updates the formatting of the rule because of the removal of subsection (b).

Amending 26 TAC §746.1105, concerning Employee Minimum Qualifications.

26 TAC §746.1105

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §746.1105, What minimum qualifications must each of my child-care center employees meet.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement Section 2 of House Bill (HB) 2789, 89th Legislature, Regular Session, 2025, which amended Texas Human Resources Code (HRC) §42.043(b) to remove the requirement for a child in care to have a tuberculosis (TB) test. The proposed amendment removes the corresponding TB examination requirement for employees. TB-related rules are also being removed because the Texas Department of State Health Services no longer recommends universal TB screening for settings with populations at low risk of TB such as schools and child care operations.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §746.1105, What minimum qualifications must each of my child-care center employees meet, changes the rule title to “Employee Minimum Qualifications.” The proposed amendment removes paragraph (2) to remove the requirement for an employee to have a current record of a TB examination that shows that the employee is free of contagious TB. The proposed amendment renumbers paragraphs (3) and (4) as paragraphs (2) and (3) because of the removal of paragraph (2). The proposed amendment removes form numbers and a reference to Subchapter F in Chapter 745 to avoid a need to amend the rule if these change.

Amending the repeal of 26 TAC §747.629 and §747.631, and amendments to §747.633, concerning tuberculosis examinations and vision and hearing screening in child-care homes.

CHAPTER 747. MINIMUM STANDARDS FOR CHILD-CARE HOMES
26 TAC §747.629, §747.631
26 TAC §747.633

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §747.629, Must children in my care have a tuberculosis (TB) examination, and §747.631, Must children in my registered child-care home have vision and hearing screening; and an amendment to §747.633, Must children in my licensed child-care home have vision and hearing screening.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill 2789, Sections 2 and 9, 89th Legislature, Regular Session, 2025. Section 2 amended Texas Human Resources Code (HRC) §42.043(b) to remove the requirement for a child in care to have a tuberculosis (TB) test. Section 9 repealed HRC §42.0431(b) to remove requirements for a licensed child care home to maintain screening records for vision, hearing, and any other special senses or communication disorders for children attending the facility and for HHSC to inspect those records in accordance with protocol agreements between HHSC and the Texas Department of State Health Services. The proposed amendments and repeals in Chapter 747 (1) remove requirements related to TB testing in child care homes; and (2) update and remove requirements related to vision and hearing screening records in licensed child care homes. TB-related rules are also being removed because the Texas Department of State Health Services no longer recommends universal TB screening for settings with populations at low risk of TB such as schools and child care operations.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §747.629, Must children in my care have a tuberculosis (TB) examination, removes the requirement for children in care to have a TB examination. The proposed repeal of §747.631, Must children in my registered child-care home have vision and hearing screening, removes an obsolete rule explaining that children in a registered child care home are not required to have a vision and hearing screening. The rule is obsolete because the proposed amendment to §747.633 clarifies that the vision and hearing screening requirement applies only to licensed child care homes.

The proposed amendment to §747.633, Must children in my licensed child-care home have vision and hearing screening, changes the rule title to “Vision and Hearing Screening Requirements for Licensed Child Care Homes.” The proposed amendment removes subsection (b) to remove the requirement for a licensed child care home to maintain vision and hearing screening records for each child in care. The proposed amendment updates the formatting of the rule because of the removal of subsection (b).

Amending the repeal of 26 TAC §748.1583, §748.1943, and §748.1945, and an amendment to §748.4751, concerning tuberculosis examinations and medical screening requirements in general residential operations.

CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
26 TAC §748.1583
26 TAC §748.1943, §748.1945
26 TAC §748.4751

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §748.1583, Who must have a tuberculosis (TB) examination; §748.1943, Must adult residents have a tuberculosis (TB) examination; and §748.1945, What must I do if an adult resident has a positive tuberculosis test result; and an amendment to §748.4751, Are there additional medical requirements when I admit a child for trafficking victim services.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill 2789, Sections 2 and 3, 89th Legislature, Regular Session, 2025. Section 2 amended Texas Human Resources Code (HRC) §42.043(b) to remove the requirement for a child in care to have a tuberculosis (TB) test. The proposed amendments and repeals in Chapter 748 remove requirements related to TB testing for all individuals who live, work, or volunteer at a General Residential Operation (GRO). TB-related rules are also being removed because the Texas Department of State Health Services no longer recommends universal TB screening for settings with populations at low risk of TB such as schools and child care operations.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §748.1583, Who must have a tuberculosis (TB) examination, removes the TB screening and documentation requirements of TB screening for all persons over the age of one year old who live, work, or volunteer at a GRO.

The proposed repeal of §748.1943, Must adult residents have a tuberculosis (TB) examination, removes the requirement for adult residents of a GRO to have a TB examination. The proposed repeal of §748.1945, What must I do if an adult resident has a positive tuberculosis test result, removes the requirement related to action a GRO must take if an adult resident has a positive TB test result. The rule is obsolete because of the proposed repeal of §748.1943.

The proposed amendment to §748.4751, Are there additional medical requirements when I admit a child for trafficking victim services, changes the rule title to “Additional Medical Requirements for Trafficking Victim Services.” The proposed amendment removes paragraph (1)(B)(v) to remove the requirement that a child receiving trafficking victim services be screened for tuberculosis. The proposed amendment reorganizes paragraph (1)(B) to renumber the remaining medical tests for screening as paragraph (1)(B)(i) – (v).

In Addition Re:

Correction of Error

1 TAC §353.1502, §353.1503

OVERVIEW

The Texas Health and Human Services Commission proposed amendments to 1 TAC §353.1502 and 1 TAC §353.1503 in the August 14, 2026, issue of the Texas Register (51 TexReg 5313).

BACKGROUND AND JUSTIFICATION

Due to an error by the Texas Register, the proposed amendments were published with an incorrect rule number listed. The rule number was incorrectly shown as 1 TAC §353.1053 at the beginning of the proposed amendments. The correct text should be shown as follows: 1 TAC §353.1502, §353.1503.

Texas Funeral Service Commission

Proposed Rules Re:

Adopting new 22 TAC §206.16, Standard for Bloodborne Pathogen Screening of Anatomical Donors.

CHAPTER 206. ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS
22 TAC §206.16

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.16, Standard for Bloodborne Pathogen Screening of Anatomical Donors, at Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs.

BACKGROUND AND JUSTIFICATION

EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.

The proposed rule establishes minimum health and safety standards for the screening and use of anatomical donors in order to reduce the risk of occupational exposure to bloodborne pathogens, while recognizing the effectiveness of proper embalming and formaldehyde fixation in reducing infectious risk. Bodies and derived specimens that are used or distributed in an unembalmed, fresh, or fresh-frozen state present a materially different infection-control profile than adequately embalmed donors. The proposed rule sets a risk-based standard: it requires serologic bloodborne pathogen screening for fresh and fresh-frozen donors; it does not require serologic screening as an infection-control measure for donors used only after documented adequate formalin fixation or embalming; and it requires standard precautions regardless of testing status. The proposed rule is necessary to protect the students, faculty, licensees, and other personnel who handle anatomical donations, to establish consistent donor-eligibility and documentation practices across the entities the Commission oversees, and to align the Commission’s rules with accepted medical and laboratory standards.

The proposed rule was developed and recommended by the State Anatomical Advisory Committee. The Advisory Committee considered the proposed rule at its meetings on July 8 and 29, 2026, and voted and recommended that the proposed rule be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rule adopts new §206.16, Standard for Bloodborne Pathogen Screening of Anatomical Donors.

Proposed subsection (a) states the purpose of the rule. Proposed subsection (b) states the applicability of the rule to all entities participating in the procurement, acceptance, storage, distribution, and use of human anatomical donations under the Commission’s authority. Proposed subsection (c) defines “adequately embalmed,” “fresh donor,” “fresh-frozen donor,” and “CLIA-certified laboratory.” Proposed subsection (d) establishes screening requirements for fresh and fresh-frozen donors, including collection of blood specimens as soon after death as practicable, documentation of the postmortem interval, and serologic testing performed by a CLIA-certified or other qualified laboratory for Hepatitis B surface antigen (HBsAg), Hepatitis C antibody (anti-HCV), and HIV antigen/antibody, with nucleic acid testing (NAT) for HIV and HCV performed when available and feasible; requires that documentation of results accompany the donor or be maintained in the donor eligibility record; and prohibits distribution or use of a fresh or fresh-frozen donor for which required testing cannot be completed unless otherwise authorized by applicable law. Proposed subsection (e) provides that serologic screening is not required as an infection-control measure for donors used only after documented adequate formalin fixation or embalming, requires documentation of adequate embalming and fixation, and requires implementation of standard precautions regardless of testing status. Proposed subsection (f) provides that serologic testing is one component of donor eligibility and does not substitute for medical- and social-history review or other exclusion criteria, and requires exclusion of donors presenting known or suspected conditions posing unacceptable infectious risk, including prion diseases where applicable. Proposed subsection (g) requires each participating organization to maintain records of laboratory results, specimen collection date and time, postmortem interval when known, embalming and fixation records when applicable, and donor eligibility determinations.

Adopting new 22 TAC §206.18, Registration and Disposition of Commercially Acquired Plastinated Human Remains.

22 TAC §206.18

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.18, Registration and Disposition of Commercially Acquired Plastinated Human Remains, at Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs.

BACKGROUND AND JUSTIFICATION

The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.

The proposed rule establishes registration, documentation, tracking, and disposition requirements for commercially acquired plastinated human remains and commercially acquired human skeletal material used for educational or teaching purposes within the State of Texas. Under the framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), the Legislature transferred to the Commission the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and directed the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 691. Commercially acquired plastinated specimens and skeletal material enter the state through producers, distributors, and vendors and are held by educational, healthcare-training, governmental, museum, and research recipients, but no rule currently requires that such specimens be registered, tracked from acquisition through final disposition, or dispositioned in a manner consistent with the dignity accorded to other anatomical material regulated under the chapter.

The proposed rule is necessary to close that gap. It requires the direct producer or providing vendor to register each specimen with the Commission before distribution or transfer within Texas; requires that each specimen carry a unique identifier that remains associated with it through possession, transfer, and final disposition; requires recipients to maintain records and to report subsequent transfers, relocations, or changes in intended use; and requires that specimens removed from educational use be dispositioned in accordance with the disposition requirements applicable to anatomical material under the chapter, with documentation of final disposition provided to the Commission. The proposed rule provides a defined chain of custody for a category of human remains that is presently unregulated, promotes verification of lawful acquisition and donor authorization, and ensures dignified final disposition consistent with the purposes of Chapter 691.

The proposed rule was presented to and discussed by the State Anatomical Advisory Committee at its meetings on July 8 and 29, 2026. The Advisory Committee voted and recommended that the proposed rule be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rule adopts new §206.18, Registration and Disposition of Commercially Acquired Plastinated Human Remains.

Proposed subsection (a) states the purpose of the section. Proposed subsection (b) defines the terms used in the section, including “commercially acquired,” “commercially acquired human skeletal material,” “commercially acquired plastinated human remains,” “direct producer,” “distributor,” “donor authorization,” “educational or teaching purposes,” “plastination,” “recipient,” “specimen,” “transfer,” and “unique identifier.” Proposed subsection (c) states the applicability of the section to producers, distributors, vendors, and recipients that manufacture, distribute, transfer, sell, acquire, or possess the regulated material for teaching purposes in Texas. Proposed subsection (d) establishes registration requirements, requiring the direct producer or providing vendor to register each specimen with the Commission before distribution or transfer and specifying the minimum information the registration must include, including donor authorization documentation, the assigned unique identifier, and the receiving entity’s information. Proposed subsection (e) establishes recipient responsibilities for recordkeeping, notice of subsequent transfer, relocation, or change in intended use within 30 days, and availability of records for inspection. Proposed subsection (f) establishes disposition requirements consistent with the disposition requirements applicable to anatomical material under the chapter, including §206.14 (Disposition of the Body and Disposition of Remains), and requires post-disposition notice to the Commission, including a Certificate of Cremation or other Commission-approved documentation and the specimen’s unique identifier. Proposed subsection (g) requires producers, vendors, and recipients to retain required records for not less than seven years following final disposition. Proposed subsection (h) provides that failure to comply constitutes a violation of the chapter subject to enforcement action authorized by applicable law.

Adopted Rules Re:

Adopting the repeal of 22 TAC §206.1, Jurisdiction of Board, and new §206.1, Scope and Definitions.

22 TAC §206.1

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.1, Jurisdiction of Board, and adopts new §206.1, relating to Scope and Definitions, both to be effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

The adopted new rule under Chapter 206 implements Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule updates Chapter 206 to conform the Commission’s anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted new rule rewrites the section to state the purpose and scope of the chapter and to consolidate the definitions used throughout the Commission’s rules implementing Texas Health and Safety Code, Chapters 691 and 692A. The adopted new rule identifies the material and persons regulated under the chapter, clarifies that microscopic and laboratory material governed by other law is not regulated as a body or anatomical specimen, and defines the terms used throughout the chapter’s scope, to give the regulated community and the public consistent, plain-language definitions.

The agency received eight comments regarding the proposed new rule, which centered on jurisdictional scope and definition, including the treatment of transplant-related material, microscopic and laboratory material, NADOs and OPOs, authorized entities, and transfer. The agency believes changes to clarify the exclusion of transplant activity without treating organ or tissue donation as a method of final disposition; clarify excluded microscopic and laboratory material; update the AATB reference; refine the definitions of “authorized entity” and “transfer”; and make related technical and grammatical corrections. Where commenters requested broader exclusions from Chapter 206, staff did not adopt those changes.

Adopting the repeal of 22 TAC §206.2, Institutional Requirements, and new §206.2, Authorized Activities.

22 TAC §206.2

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.2, Institutional Requirements, and adopts new §206.2, relating to Authorized Activities, both to be effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

The adopted new rule under Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule rewrites the section to state the purpose and scope of the chapter and to consolidate the definitions used throughout the Commission’s rules implementing Texas Health and Safety Code, Chapter 691. The proposed rule satisfies the Commission’s mandatory duty under §691.033(d), Health and Safety Code, to clearly state the activities authorized in relation to the use or dissection of a body or anatomical specimen, to aid prosecutions under §42.08, Penal Code. The adopted rule is necessary to satisfy the Commission’s mandatory duty under §691.033(d), Health and Safety Code; provide predictable protection for legitimate professional, educational, research, and forensic practice; and give prosecutors and the public clear notice of the activities authorized and performed with legal authority under Chapter 691.

The agency received six comments regarding the proposed new rule, which focused on who may act as an authorized person, employees acting for authorized entities, medical and surgical training activities, experimentation, consent, and the locations in which authorized activities may occur. The agency believes changes to clarify that an employee acting within the scope of an authorized entity’s activities does not need a separate individual authorization; align the rule with the “consent for donation” terminology used throughout the package; and refine the location requirement so an authorized activity must occur at a location approved by the Commission for that activity. Staff also made conforming changes to the special-project and approval language.

Adopting the repeal of 22 TAC §206.3, Distribution Priorities, and new §206.3, Chain of Custody.

22 TAC §206.3

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.3, Distribution Priorities, and adopts new §206.3, relating to Chain of Custody, both to be effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

The adopted new rule under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted rule rewrites the section to establish chain-of-custody requirements under §691.031, Health and Safety Code, including prescribing the chain-of-custody form and the process for completing, transferring, and retaining it. The adopted rule is necessary to implement the Commission’s mandatory duty under §691.031, Health and Safety Code, to adopt rules ensuring that each body or anatomical specimen is properly tracked from intake to final disposition, and to make custody records available for inspection by the Commission or a district or county attorney.

The agency received seven comments regarding the proposed new rule, addressing electronic tracking systems, specimen identifiers, internal movement, derived specimens, privacy, responsibility for prior entries, and record retention. The agency believes changes to clarify that the version of the Commission form in effect when the body or specimen is first received remains valid for the case; require the form to remain HIPAA compliant; use broader chain-of-custody system terminology; clarify that internal movement under one entity’s continuous responsibility is not a new transfer; and refine the seven-year retention record period so it is tied to the custodian’s last custody date, or final disposition for the person performing final disposition.

Adopting amendments to 22 TAC §206.4, Transport, Importation and Exportation of Bodies.

22 TAC §206.4

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts amendments to §206.4, relating to Transport, Importation and Exportation of Bodies, effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted amendment under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted rule amends the section to conform it to Senate Bill 2040 and current statutory structure, including replacing references to the former “board” and “secretary-treasurer” with the Commission and its Executive Director and updating provisions governing transport, importation, and exportation of bodies and anatomical specimens. It removes a redundant provision regarding violations of rules and also moves and revises a requirement for a yearly procurement and use report for anatomical entities to assist the commission in evaluating compliance with statutory requirements for export. The adopted rule is necessary to conform the rule to Chapter 691 as amended by Senate Bill 2040, ensure the secured and dignified transport of bodies and anatomical specimens, and provide clear conditions for importation into and exportation out of this state.

The agency received three comments regarding the adopted amendment, centered primarily on interstate movement, NADO transfers, the scope of Commission approval authority, and return shipments to an out-of-state provider. The agency believes changes to clarify the import-notification timing, recognize the statutory treatment of qualifying NADO export activity, and clarify that returning a body or specimen to the same out-of-state provider after completion of the authorized Texas activity is completion of the original documented transfer and does not require a new export approval.

Adopting amendments to 22 TAC §206.5, Transfer of Bodies or Anatomical Specimens.

22 TAC §206.5

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts amendments to §206.5, relating to Transfer of Bodies or Anatomical Specimens, effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted amendment under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted rule amends the section to update the transfer-application and approval process, including providing that an Authorized Person, as defined in §206.1, may request a transfer on the form prescribed by the Commission and designating the Executive Director or the Executive Director’s designee as authorized to approve transfers. The adopted rule is necessary to conform the transfer process to Chapter 691 as amended by Senate Bill 2040 and to the Commission’s current structure, and to ensure that transfers are made only to approved recipients under clear conditions.

The agency received five comments regarding the adopted amendment, which focused heavily on the Commission’s transfer-approval process as it applies to material donated to registered non-transplant anatomical donation organizations. The agency believes changes to language expressly recognize that, to the extent §691.022(a) and §691.030(e) removes qualifying NADO distributions from the Commission’s distribution and redistribution functions, case-by-case Commission transfer approval does not apply. The rule also makes clear that this does not eliminate chain of custody, recipient authorization, transportation, registration, inspection, reporting, or disposition requirements that otherwise apply.

Adopting the repeal of 22 TAC §206.7, Board Forms, and new §206.7, Educational Use of Anatomical Material; Prohibition of Public Display.

22 TAC §206.7

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.7, Board Forms, and adopts new §206.7, relating to Educational Use of Anatomical Material; Prohibition of Public Display, both to be effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

The adopted new rule under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule governs the educational use of human anatomical material and prohibits the public display of a body or gross anatomical specimen as spectacle or entertainment. The adopted new rule permits educational observation and participation when four conditions are met: donor consent, an approved setting inspected by the Commission, qualified supervision, and a bona fide educational purpose, and prohibits selling admission to the general public to observe the display, dissection, or examination of human anatomical material. The adopted new rule is necessary to ensure that human anatomical material used for educational observation is handled with respect and dignity consistent with the treatment-with-respect standard the Commission is required to adopt under §691.022(b), Health and Safety Code; preserve broad and legitimate access to anatomical education for the scientific and professional community; and prohibit the display of human anatomical material as public spectacle or entertainment.

The agency received four comments regarding the proposed new rule, which addressed qualified supervision, temporary and nontraditional facilities, museums and exhibitions, photography and recording, security cameras, and the distinction between legitimate education and public spectacle. The agency believes changes align the section with the “consent for donation” terminology; clarify the approved-setting requirement; and add a limited fixed-security-system provision so security recordings are not required to obscure identifying features, while prohibiting their use or distribution for another purpose.

Adopting amendments to 22 TAC §206.8, Forms for Recording of Willed and Donated Bodies.

22 TAC §206.8

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts amendments to §206.8, relating to Forms for Recording of Willed and Donated Bodies, effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted amendment under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted rule amends the section governing the forms used to record willed and donated bodies and the complaint-notice information that must be included in a written contract relating to a willed or donated body. The adopted rule replaces the former Anatomical Board references and updates the required complaint-notice language to direct complaints and inquiries to the Commission, and allows the notice to be provided on the contract form itself or on a separate signed acknowledgement kept with the contract and subject to inspection. The adopted rule is necessary to conform the section to Chapter 691 as amended by Senate Bill 2040 and to implement §691.010, Health and Safety Code, which requires the Commission by rule to establish methods by which service recipients are notified of the Commission’s name, mailing address, and telephone number for the purpose of directing complaints.

The agency received three comments regarding the adopted amendment, which focused on the interaction between the complaint-notice requirement and the Uniform Anatomical Gift Act, previously executed documents, out-of-state documents of gift, and donor-consent terminology. The agency believes changes clarify that the notice requirement applies prospectively and does not invalidate or require amendment of a validly executed prior will, instrument, or document of gift. The language also recognizes documents of gift valid under Chapter 692A while maintaining the TFSC contact-information requirement for applicable Texas donation documents going forward.

Adopting the repeal of 22 TAC §206.11, Institutions Authorized to Receive and Hold Bodies, and 22 TAC §206.12, Application and Inspection of Facilities; and new §206.12, Registration Application and Inspection Required.

22 TAC §206.11
22 TAC §206.12

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.11, Institutions Authorized to Receive and Hold Bodies, and 22 TAC §206.12, Application and Inspection of Facilities, and adopts new §206.12, relating to Registration Application and Inspection Required, all to be effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted repeals eliminate outdated rules, one of which is replaced simultaneously with a new more germane rule.

The adopted new rule under Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule establishes the application, registration, inspection, renewal, ownership-change, relocation, and renovation requirements for individuals and entities that receive, use, or transfer donor whole bodies or anatomical specimens under Chapter 691, implementing the Commission’s registration and inspection authority under §691.034. The rule is necessary to implement the Commission’s mandatory duties under §691.034, Health and Safety Code, which requires willed body programs and non-transplant anatomical donation organizations to register with the Commission, requires the Commission to inspect and may approve willed body programs and anatomical facilities, and requires the Commission to adopt rules and procedures necessary to administer registration and inspection.

The agency received six comments regarding the proposed new rule, which addressed ownership disclosures, application documentation, accreditation, inspections, renewals, existing registrants, employees, and how governmental entities and institutions of higher education can satisfy application requirements structured around private ownership. The agency believes changes clarify that employees acting within the course and scope of an authorized entity do not need separate authorization; measure the initial application decision period from receipt of an administratively complete application; create an application pathway tailored to governmental entities and institutions of higher education; clarify notice and hearing protections for renewal refusal; and add transition language so existing registrants are not forced through a new initial application and inspection solely because the rule is adopted.

Adopting the repeal of 22 TAC §206.14, Final Disposition of the Body and Disposition of Remains, and new §206.14, Disposition of the Body and Disposition of Remains.

22 TAC §206.14

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.14, Final Disposition of the Body and Disposition of Remains, and adopts new §206.14, relating to Disposition of the Body and Disposition of Remains, both to be effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

The adopted new rule under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule amends the section heading and rewrites the section governing the final disposition of a donor whole body or anatomical specimen and the disposition of remains after an authorized entity’s use is complete, including return to the providing entity, burial or cremation in compliance with applicable law, and compliance with donor disposition instructions. The rule is necessary to conform the section to Chapter 691 as amended by Senate Bill 2040; implement the Commission’s general duties under §691.022, including the treatment-with-respect standard under §691.022(b); and ensure that final disposition occurs in compliance with Occupations Code, Chapter 651, and Health and Safety Code, Chapter 716, and with documented donor instructions.

The agency received two comments regarding the proposed new rule, which addressed return of remains to the providing organization, lawful final-disposition methods, donor instructions, cremation, and residual tissue. The agency believes changes will make the return obligation mandatory where the receiving entity is not statutorily permitted to accept the donation directly and clarify that references to a donor’s agent and instructions include persons and directions recognized through the “consent for donation” framework.

Adopting the repeal of 22 TAC §206.21, Statement of the Willed Body Program, and 22 TAC §206.22, Requirement for Self-Sufficiency.

22 TAC §206.21
22 TAC §206.22

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.21, Statement of the Willed Body Program, and 22 TAC §206.22, Requirement for Self-Sufficiency, both effective September 6, 2026.

BACKGROUND AND JUSTIFICATION

The repeal of §206.21 eliminates references to offices that no longer exist and is duplicative of the statutory registration requirement. The repeal of §206.22 removes aspirational and non-binding rules that do not correspond to the current statutory distribution framework and are obsolete.

Texas Department of Licensing and Regulation

Adopted Rules Re:

Adopting amendments to 16 TAC §111.2, concerning Definitions, regarding the Speech-Language Pathologists and Audiologists program.

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §111.2

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter B, §111.12 and §111.13; Subchapter F, §111.50 and §111.55; Subchapter H, §111.70; and Subchapter W, §111.220, regarding the Speech-Language Pathologists and Audiologists program.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC, Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The adopted rules are necessary to implement the statutory changes made during the 89th Legislature, Regular Session. Specifically, the adopted rules implement Senate Bill (SB) 904, Section 1; SB 905, Sections 1, 2, and 3; and SB 2075, Sections 9 and 10, 89th Legislature, Regular Session (2025). The adopted rules also are necessary to implement the changes suggested by Department staff during the scheduled four-year review of Chapter 111, including staff from the Licensing Division and the Compliance Division.

To implement SB 905, Section 3, the adopted rules remove the obsolete definition of “Provisional Licensee,” as provisional licenses are no longer needed now that the jurisprudence exam is always available.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §111.2, Definitions. The adopted rules remove the obsolete definition of “Provisional Licensee.” Provisional licenses for Speech-Language Pathologists and Audiologists originated when the jurisprudence exam was offered only a few times a year, allowing individuals to work while waiting to take it. Now, the jurisprudence exam is accessible year-round, making such provisional licenses unnecessary.

Adopting amendments to 16 TAC §111.12 and §111.13, concerning the Speech-Language Pathologists and Audiologists Advisory Board.

SUBCHAPTER B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD
16 TAC §111.12, §111.13

OVERVIEW

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC, Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

To implement SB 2075, Sections 9 and 10, the adopted rules remove the requirement that three advisory board members’ six-year terms all expire on February 1 of odd-numbered years, thereby allowing the advisory board members to serve their full six-year term, regardless of their appointment date. The adopted rules also extend the advisory board presiding officer’s term from one year to two years.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §111.12, Terms; Vacancies. The adopted rules under subsection (a) remove the requirement that three advisory board members’ six-year terms all expire on February 1 of odd-numbered years.

The adopted rules amend §111.13, Officers. The adopted rules under subsection (a) change the advisory board presiding officer’s term from one year to two years.

Adopting amendments to 16 TAC §111.50 and §111.55, concerning Requirements for Assistant in Speech-Language Pathology License.

SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE
16 TAC §111.50, §111.55

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted rules also include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The adopted rules include changes identified by Department staff during the rule review process. The changes include updates to the license eligibility and application requirements for speech-language pathology assistants: the adopted rules remove requirements for speech-language pathology (SLP) assistant applicants to submit verification of 25 clinical observation hours and 25 clinical assisting hours to the Department, as well as the requirement to complete any missing hours under direct supervision after the license is issued, and instead require that verification of those hours be submitted to the assistant’s supervisor upon license issuance.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §111.50, Assistant in Speech-Language Pathology License–Licensing Requirements–Education and Clinical Observation and Experience. The adopted rules add new §111.50(d)(2), which requires that if any of the 25 hours of clinical observation and 25 hours of clinical assisting experience required for licensure as a SLP assistant were earned during training, then this verification must be submitted to the assistant’s supervisor after the license is issued. The adopted rules also reorganize the requirements of §111.50(d) and §111.50(e) in a more logical manner.

The adopted rules amend §111.55, Assistant in Speech-Language Pathology License–Application and Eligibility Requirements. The adopted rules repeal subsection (b)(5), removing the requirement that applicants for licensure as a speech-language pathology assistant must provide the Department verification from their university program that the applicant completed 25 hours of clinical observation and 25 hours of clinical assisting experience. The adopted rules repeal subsection (b)(6) and remove the requirement that applicants who did not obtain all 25 hours of clinical observation and 25 hours of clinical assisting experience complete those hours under direct supervision by an approved supervisor after the license is issued. Finally, the adopted rules renumber §111.55(b)(7) and (8).

Adopting amendments to 16 TAC §111.70, concerning Requirements for Audiology License.

SUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE
16 TAC §111.70

OVERVIEW

BACKGROUND AND JUSTIFICATION

To implement SB 905, Section 2, the adopted rules allow audiology license applicants to qualify with a master’s degree in audiology awarded on or before December 31, 2007. Applicants awarded the equivalent of a master’s degree in audiology from a foreign university on or before December 31, 2007, must also obtain an evaluation showing their degree is equivalent to a degree from an accredited U.S. program.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §111.70, Audiology License–Licensing Requirements. The adopted rules under subsection (b) now authorize an applicant seeking licensure as an audiologist to qualify if the applicant possesses a master’s degree in audiology conferred on or before December 31, 2007. The adopted rule in subsection (d) now requires an applicant who earned a master’s degree in audiology at a foreign university on or before December 31, 2007, to obtain a transcript evaluation to show the applicant’s degree is equivalent to a degree obtained from a program accredited by a national accrediting organization approved by the Commission or Department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.). Finally, the adopted rules re-letter §111.70(d) and (e).

Adopting amendments to 16 TAC §111.220, concerning the Joint Rule Regarding the Sale of Hearing Instruments.

SUBCHAPTER W. JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS
16 TAC §111.220

OVERVIEW

BACKGROUND AND JUSTIFICATION

To implement SB 904, Section 1, and SB 905, Section 1, the adopted rules repeal the requirement that the Commission adopt rules for selling hearing instruments with input from both the Speech-Language Pathologists and Audiologists Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §111.220, Requirements Regarding the Sale of Hearing Instruments. The adopted rules under subsection (a) repeal the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Speech-Language Pathologists and Audiologists Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board. Because subsection (a) eliminates the joint rulemaking requirement, the adopted rules remove the reference to Tex. Occ. Code §402.1021 and update the subchapter title by removing the word “Joint.”

Adopting amendments to 16 TAC §112.12 and §112.13, concerning the Hearing Instrument Fitters and Dispensers Advisory Board.

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD
16 TAC §112.12, §112.13

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.12 and §112.13; Subchapter D, §112.32; Subchapter H, §112.70; and Subchapter O, §112.140, regarding the Hearing Instrument Fitters and Dispensers program.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC, Chapter 112, implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers.

The adopted rules are necessary to implement Senate Bill (SB) 904, 89th Legislature, Regular Session (2025), specifically, Sections 2, 3, and 4, and SB 2075, 89th Legislature, Regular Session (2025), specifically, Sections 11 and 12. The adopted rules remove the requirement that the three advisory board members’ six-year terms all expire on February 1 of odd-numbered years, allowing each member to serve their full term, regardless of when appointed. The adopted rules also extend the advisory board presiding officer’s term from one year to two years.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §112.12, Terms; Vacancies. The adopted rules under subsection (a) remove language that would require that the three advisory board members’ six-year terms all expire on February 1 of odd-numbered years, allowing each advisory board member to serve their full six-year term, regardless of when appointed.

The adopted rules amend §112.13, Officers. The adopted rules under subsection (a) change the advisory board presiding officer’s term from one year to two years.

Adopting amendments to 16 TAC §112.32, concerning the Hearing Instrument Fitter and Dispenser License.

SUBCHAPTER D. HEARING INSTRUMENT FITTER AND DISPENSER LICENSE
16 TAC §112.32

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted rules require first-time renewal applicants for a hearing instrument fitter and dispenser license to complete 20 hours of continuing education.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §112.32, Hearing Instrument Fitter and Dispenser License–License Term; Renewals. The adopted rules under subsection (c) now require first-time renewal applicants for a hearing instrument fitter and dispenser license to complete 20 hours of continuing education.

Adopting amendments to 16 TAC §112.70, concerning Continuing Education Requirements.

SUBCHAPTER H. CONTINUING EDUCATION REQUIREMENTS
16 TAC §112.70

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted rules remove the exception that allowed the Department to renew a license of a licensee who did not meet continuing education requirements during their first 24 months of licensure.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §112.70, Continuing Education–Hours, Courses, and Methods of Delivery. The adopted rules under subsection (i) remove the exception that allowed license renewal for licensees who did not meet the continuing education requirements during their first 24 months of licensure.

Adopting amendments to 16 TAC §112.140, concerning the Joint Rule Regarding the Sale of Hearing Instruments.

SUBCHAPTER O. JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS
16 TAC §112.140

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted rules remove the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Hearing Instrument Fitters and Dispensers Advisory Board and the Speech-Language Pathologist and Audiologist Advisory Board; and add a provision that allows hearing instruments to be sold to a minor with a written statement from any licensed physician, and not just a physician specializing in diseases of the ear.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §112.140, Requirements Regarding the Sale of Hearing Instruments. The adopted rules under subsection (a) remove the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Hearing Instrument Fitters and Dispensers Advisory Board and the Speech-Language Pathologist and Audiologist Advisory Board. Because subsection (a) eliminates the joint rulemaking requirement, the adopted rules remove the reference to Tex. Occ. Code §401.2021 and update the subchapter title by removing the word “Joint.” The adopted rules add new subsection (f). The new provision allows hearing instruments to be sold to a minor with a written statement from any licensed physician, not just a physician specializing in diseases of the ear.

Adopting the repeal of 16 TAC §130.28, concerning Training, regarding the Podiatric Medicine Program Advisory Board.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER B. ADVISORY BOARD
16 TAC §130.28

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28; and Subchapter D, §130.43; and amendments to the existing rules at Subchapter C, §§130.30 – 130.33; and Subchapter F, §130.60, regarding the Podiatric Medicine Program.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC, Chapter 130, implement Texas Occupations Code, Chapter 202, Podiatrists.

The adopted rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025.

SB 968 repealed Occupations Code §202.061, which required members of the Podiatric Medical Examiners Advisory Board to meet certain training requirements unique to the podiatry program. The repeal makes advisory board training requirements more uniform across the Department’s programs. As a result, members of the Podiatric Medical Examiners Advisory Board will receive the same training that members of other advisory boards receive. The adopted rules align with the statutory changes.

SECTION-BY-SECTION SUMMARY

The adopted rules repeal §130.28, Training. The section is repealed since it has become obsolete due to the repeal of Occupations Code §202.061.

Adopting amendments to 16 TAC §§130.30 – 130.33, concerning Residency and Other License Types.

SUBCHAPTER C. RESIDENCY AND OTHER LICENSE TYPES
16 TAC §§130.30 – 130.33

OVERVIEW

BACKGROUND AND JUSTIFICATION

SB 968 amended Occupations Code §202.259 to replace references to “temporary residency licenses” with “residency licenses” to more accurately describe current licensing practices. The adopted rules make corresponding changes to the terminology used in the program rules.

SECTION-BY-SECTION SUMMARY

The adopted rules amend the title of Subchapter C by changing the title from “Temporary Residency and Other License Types” to “Residency and Other License Types.”

The adopted rules amend §130.30 by changing the title from “Temporary Residency License–General Requirements and Application” to “Residency License–General Requirements and Application.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a), (c), (d), (e), and (f).

The adopted rules amend §130.31 by changing the title from “Temporary Residency License–License Term; Residency Requirements; Program Responsibilities” to “Residency License–License Term; Residency Requirements; Program Responsibilities.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a), (b), and (c), and in paragraphs (b)(1), (b)(2), (d)(1), and (d)(2).

The adopted rules amend §130.32 by changing the title from “Temporary Residency License–Final Year of Residency” to “Residency License–Final Year of Residency.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a) and (b) and in paragraph (b)(3).

The adopted rules amend §130.33 by changing the title from “Temporary Residence License–Extensions” to “Residency License–Extensions.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a), (b), (c), and (d).

Adopting the repeal of 16 TAC §130.43, concerning Doctor of Podiatric Medicine License–Provisional License.

SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE
16 TAC §130.43

OVERVIEW

BACKGROUND AND JUSTIFICATION

Additionally, SB 968 repealed Occupations Code §202.260, which provided for provisional licenses. The provision was obsolete because provisional licenses were no longer being issued in the podiatry program. The adopted rules repeal a specific rule and all references to provisional licenses to align with the statutory changes.

SECTION-BY-SECTION SUMMARY

The adopted rules repeal §130.43, Doctor of Podiatric Medicine License–Provisional License. The section is repealed since it has become obsolete due to the repeal of Occupations Code §202.260.

Adopting amendments to 16 TAC §130.60, concerning Fees.

SUBCHAPTER F. FEES
16 TAC §130.60

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted rules align the fee schedule with the terminology changes made elsewhere in the chapter as a result of Senate Bill (SB) 968, 89th Legislature, Regular Session (2025).

SECTION-BY-SECTION SUMMARY

The adopted rules amend §130.60, Fees. In paragraph (b)(1), the word “temporary” is removed from the phrase “Temporary Residency License.” In paragraph (b)(2), the word “Residency” is inserted, and “Extended Temporary” is removed. Paragraph (b)(3), concerning the fee for provisional licenses, is removed, and the paragraphs that follow are renumbered.

Texas Medical Board

Adopted Rules Re:

Adopting new 22 TAC §160.8, Employee Training and Education.

CHAPTER 160. GENERAL PROVISIONS
SUBCHAPTER A. GENERAL
22 TAC §160.8

OVERVIEW

The Texas Medical Board (Board) adopts new rule §160.8, concerning Employee Training and Education.

BACKGROUND AND JUSTIFICATION

The adopted new rule §160.8, relating to Employee Training and Education, authorizes reimbursement of training and education expenses consistent with Subchapters C and D, Chapter 656, Texas Government Code.

No written comments were received and no one appeared to testify regarding the new rule at the public hearing on August 14, 2026.

Adopting amendments to 22 TAC §161.35, Continuing Medical Education Requirements for License Renewal.

CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER H. CONTINUING MEDICAL EDUCATION REQUIREMENTS FOR LICENSE RENEWAL
22 TAC §161.35

OVERVIEW

The Texas Medical Board (Board) adopts amendments to Chapter 161, concerning Continuing Medical Education (CME) Requirements for License Renewal.

BACKGROUND AND JUSTIFICATION

These rules are mandated by the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Sections 156.057 and 156.061. The proposed amendments require licensed physicians to complete specified continuing medical education on forensic evidence collection as well as nutrition and metabolic health.

Amendment to §161.35(a) adds section (3)(A), requiring licensed physicians to complete two credit hours of CME in accordance with §156.057 of the Act and provides that the Board will recognize any course found acceptable to the Governor’s Sexual Assault Survivors’ Task Force to meet the requirement for continuing education in forensic evidence collection. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

Amendment to §161.35(a) adds section (3)(B), requiring licensed physicians to complete one credit hour of CME, in accordance with §156.061 of the Act, in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

The Board received one written comment regarding the proposed amendments to rule §161.35 from Texas Society of Eye Physicians and Surgeons, asking that the Board revise the proposed rules to clarify that physicians who do not specialize in emergency medicine are not subject to these CME requirements. The Board declined to make this clarification, noting that its CME tracking system, CE Broker, allows the licensee to claim an exemption when their practice area or designation does not require the CME based on the statutory specifications.

Adopting amendments to 22 TAC §183.16, Biennial Continuing Medical Education (CME) Requirements concerning Physician Assistants.

CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER B. LICENSING AND REGISTRATION
22 TAC §183.16

OVERVIEW

The Texas Medical Board (Board) adopts amendments to Chapter 183, concerning Biennial Continuing Medical Education (CME) Requirements concerning Physician Assistants.

BACKGROUND AND JUSTIFICATION

These rules are mandated by the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Sections 204.1563. The proposed amendments require licensed physician assistants to complete specified continuing medical education on forensic evidence collection as well as nutrition and metabolic health.

Amendment to §183.16(a) adds section (2)(A) requiring physician assistants to complete two credit hours of continuing medical education (CME) in accordance with §204.1563 of the Act and provides that the Board will recognize any course found acceptable to the Governor’s Sexual Assault Survivors’ Task Force to meet the requirement for continuing education in forensic evidence collection. The bill requires the Medical Board, on recommendations of the Physician Assistant Board, to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

Amendment to §183.16(a) adds section (2)(B) requiring physician assistants to complete one credit hour of continuing medical education (CME), in accordance with §204.1563 of the Act, in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee.

No written comments were received and no one appeared to testify regarding the amendment to rule §183.16(a) at the public hearing on August 14, 2026.

Adopting amendments to 22 TAC §186.26, Non-Certified Technician Registration and Practice Requirements.

CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER C. NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS
22 TAC §186.26

OVERVIEW

The Texas Medical Board (Board) adopts amendment concerning Chapter 186, Medical Radiologic Technology, Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §186.26.

BACKGROUND AND JUSTIFICATION

The adopted amendment to §186.26, relating to Education Standards for Non-Certified Technician, clarifies that the rule does not require 120 classroom hours, but rather, the educational standard is met upon completion of the minimum hours required by an approved program within each topic area. Specifically, the adopted amendment in subsection (a)(4) further clarifies that, within an approved program, a non-certified technician is required to complete one or more of the units of applied human anatomy on the list, but not all.

The Board received 66 written comments regarding the proposed amendment to rule from registered MRTs or Radiologic Technology educators and the Texas Society of Radiologic Technology. One member of the public, identified as the president of an MRT society, appeared to testify regarding the amendment to the rule. The Texas Society of Radiologic Technology commented that an individual could qualify for NCT registration with as few as 66 total classroom hours, which they think lowers threshold entry, and asked that comprehensive educational requirements on multiple anatomical areas be maintained. The Board responded that historically, there was never a 120-hour classroom requirement for this certification type, and that this was a scrivener error that occurred when the Board underwent a major rule reorganization and re-write, so the amendment corrects and restores the original requirements for NCTs.

Texas State Board of Pharmacy

Adopted Rules Re:

Adopting amendments to 22 TAC §283.7, Examination Requirements.

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.7

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §283.7, concerning Examination Requirements.

BACKGROUND AND JUSTIFICATION

The amendments allow an applicant for licensure by examination who has completed the three didactic years of pharmacy education to take the Texas Pharmacy Jurisprudence Examination a maximum of one time prior to graduation from a college/school of pharmacy and remove outdated examination requirements.

Adopting amendments to 22 TAC §291.3, Required Notifications.

CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
22 TAC §291.3

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.3, concerning Required Notifications.

BACKGROUND AND JUSTIFICATION

The amendments clarify the meaning of a “fire, flood, or natural disaster” for purposes of required notification to the board, cross-reference an existing notification requirement, and update terminology in accordance with House Bill 1500.

Adopting amendments to 22 TAC §291.11, Operation of a Pharmacy.

22 TAC §291.11

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.11, concerning Operation of a Pharmacy.

BACKGROUND AND JUSTIFICATION

The amendments clarify that a pharmacy may not discontinue operating for a period of 30 days or longer unless the pharmacy has timely notified the board of a fire, flood, or natural disaster.

Adopting new 22 TAC §291.13, Telehealth Services Provided by a Pharmacist.

22 TAC §291.13

OVERVIEW

The Texas State Board of Pharmacy adopts new rule §291.13, concerning Telehealth Services Provided by a Pharmacist.

BACKGROUND AND JUSTIFICATION

The new rule establishes the documentation and retention requirements regarding a patient’s consent to treatment, data collection, and data sharing for telehealth services provided by a pharmacist, in accordance with House Bill 1700.

The Board received comments from the Texas Federation of Drug Stores expressing concern that the proposed rule may be construed as treating routine pharmacist-patient counseling as a telehealth service requiring separate informed consent procedures and creates two different standards of care for the same professional service, and suggesting to exclude pharmacist-patient counseling and consultations regarding prescription medications from the informed consent requirements for telehealth services and to clarify that communications conducted to fulfill pharmacists’ legally required patient counseling obligations are not telehealth encounters.

The Board received comments from Doug Read, R.Ph., with H.E.B. Pharmacy expressing concern that the proposed rule fails to distinguish between true telehealth encounters and patient counseling communications already required as part of dispensing, appears broader than required by HB 1700, its economic impact is underestimated, and stopping to obtain and document telehealth consent for every question from a patient would create substantial workflow issues and delay to patient access to medication, and suggesting the proposed rule be revised to exclude routine counseling, drug information inquiries, refill communications, and other pharmacist-patient interactions that are incidental to dispensing.

The Board received comments from Ronald Richardson, R.Ph., with Southend Pharmacy suggesting to clarify the term “telehealth service” to exclude routine pharmacist-patient communications incidental to the dispensing of a prescription or the ongoing provision of pharmacy services, when consent must be obtained to only require a single documented informed consent for ongoing or recurring telehealth services until revoked by the patient or there is a material change in the nature of the telehealth services being provided, and the scope of “data collection” and “data sharing” to exclude the collection, use, or disclosure of protected health information in order to dispense prescriptions, communicate with pharmacists and prescribers, submit claims for payment, or otherwise comply with applicable law.

Adopting amendments to 22 TAC §291.55, Records.

SUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)
22 TAC §291.55

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.55, concerning Records.

BACKGROUND AND JUSTIFICATION

The amendments require the pharmacist-in-charge of a Class B pharmacy to notify the board of a significant loss of information from the pharmacy’s data processing system.

No comments were received.

Anatomical Board of the State of Texas

Adopted Rules Re:

Adopting the repeal of 25 TAC §§471.1 – 471.4, concerning Officers.

CHAPTER 471. OFFICERS
25 TAC §§471.1 – 471.4

OVERVIEW

The Texas Funeral Service Commission (Commission or TFSC), as the successor agency to the regulatory functions formerly performed by the Anatomical Board of the State of Texas, adopts the repeal of 25 TAC, Part 4, Chapter 471, comprised of §§471.1 – 471.4.

BACKGROUND AND JUSTIFICATION

The adopted repeal removes the Anatomical Board since it no longer functions as a regulatory board and its functions have been transferred to the Commission; these provisions are obsolete.

The repeal is further adopted to implement Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S. ch. 961), effective September 1, 2023, which transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and ended the separate regulatory role of the Anatomical Board of the State of Texas.

The Commission received no comments regarding the proposed repeal.

Adopting the repeal of 25 TAC §473.1, concerning the Executive Committee.

CHAPTER 473. EXECUTIVE COMMITTEE
25 TAC §473.1

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted repeal removes the Anatomical Board since it no longer functions as a regulatory board and its functions have been transferred to the Commission; these provisions are obsolete.

The Commission received no comments regarding the proposed repeal.

Adopting the repeal of 25 TAC §§475.1 – 475.5, concerning Meetings.

CHAPTER 475. MEETINGS
25 TAC §§475.1 – 475.5

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted repeal removes the Anatomical Board since it no longer functions as a regulatory board and its functions have been transferred to the Commission; these provisions are obsolete.

The Commission received no comments regarding the proposed repeal.

Adopting the repeal of 25 TAC §483.1, concerning Hearing Procedures.

CHAPTER 483. HEARING PROCEDURES
25 TAC §483.1

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted repeal removes the Anatomical Board since it no longer functions as a regulatory board and its functions have been transferred to the Commission; these provisions are obsolete.

The Commission received no comments regarding the proposed repeal.

Adopting the repeal of 25 TAC §485.1, concerning Audit Procedures.

CHAPTER 485. AUDIT PROCEDURES
25 TAC §485.1

OVERVIEW

BACKGROUND AND JUSTIFICATION

The adopted repeal removes the Anatomical Board since it no longer functions as a regulatory board and its functions have been transferred to the Commission; these provisions are obsolete.

The Commission received no comments regarding the proposed repeal.

Texas Commission on Jail Standards

Adopted Rules Re:

Adopting amendments to 37 TAC §273.2, concerning Health Services Plan.

CHAPTER 273. HEALTH SERVICES
37 TAC §273.2

OVERVIEW

The Texas Commission on Jail Standards (TCJS) adopts amendments to §273.2, Health Services Plan, under Chapter 273, Part 9 of Title 37 of the Texas Administrative Code, without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3868).

BACKGROUND AND JUSTIFICATION

The adoption of this rule adds guardianship language to the health services section of minimum jail standards.

No comments were received during the public comment period. Statutory authority to adopt this rule comes from Texas Government Code §511.009.

Adopting new 37 TAC §273.9, concerning Guardianship.

37 TAC §273.9

OVERVIEW

The Texas Commission on Jail Standards (TCJS) adopts new §273.9, Guardianship, under Chapter 273, Part 9 of Title 37 of the Texas Administrative Code, without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3869).

BACKGROUND AND JUSTIFICATION

The adoption of this rule adds guardianship guidance and language to the health services section of minimum jail standards.

No comments were received during the public comment period. Statutory authority to adopt this rule comes from Texas Government Code §511.009.

Texas Department of State Health Services

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register (TRD-202603501, filed August 14, 2026, by Molly Fudell, Deputy General Counsel, and TRD-202603571, filed August 17, 2026, by Cynthia Hernandez, General Counsel).