Texas Register February 20, 2026 Volume 51 Number 8

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
2 Texas Department of State Health Services
3 Texas State Board of Pharmacy
- - 3.0.1 Adopted Rules Re:
  - 3.0.2 Adopted Rule Reviews Re:
    - 3.0.2.1 Adopting Tile 22, Part 15, concerning nuclear pharmacies (Class B).
4 Texas Health and Human Services Commission

Governor

Appointments Re:

Appointed to the Texas Board of Occupational Therapy Examiners for a term to expire February 1, 2031, Eddie R. Jessie.

Appointed to the Texas Board of Occupational Therapy Examiners for a term to expire February 1, 2031, Erin E. Smith, O.T.D.

Appointed to the Texas Board of Occupational Therapy Examiners for a term to expire February 1, 2031, Anita L. “Lynn” Wilde.

Texas Department of State Health Services

Proposed Rules Re:

New 25 TAC §226.1 and §226.2, to describe the statutory authority, regulatory preemption of local authority, applicability of other statutes, rules, and regulations, and to define terms used throughout the proposed rules.

CHAPTER 226. MOBILE FOOD VENDORS
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §226.1, §226.2

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §226.1, concerning Purpose, Local Preemption, and Applicability; §226.2, concerning Definitions; §226.3, concerning Management and Personnel; §226.4, concerning Mobile Food Vendor Licensing; §226.6, concerning Mobile Food Vendor Requirements; and §226.8, concerning Mobile Food Vendor Inspections.

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to implement House Bill (HB) 2844, 89th Legislature, Regular Session, 2025, which created Texas Health and Safety Code (HSC) Chapter 437B, concerning Mobile Food Vendors (MFVs). HB 2844 made significant changes to how MFVs are regulated, licensed, and inspected in Texas. The statute tasks DSHS with implementing a statewide licensing and inspection program for MFVs that includes creation of a contract structure by which Local Health Departments (LHDs) may conduct MFV inspections within their jurisdictions and be reimbursed by DSHS, as included in the new rules.

SECTION-BY-SECTION SUMMARY

Proposed new §226.1 describes the statutory authority for adopting the rules, the regulatory preemption of local authority, and applicability of other appropriate statutes, rules, and regulations.

Proposed new §226.2 defines terms used throughout the proposed rules.

New 25 TAC §226.3, to set general requirements regarding food safety education, employee health posters, and driver requirements for management and personnel.

CHAPTER 226. MOBILE FOOD VENDORS
SUBCHAPTER B. MANAGEMENT AND PERSONNEL
25 TAC §226.3

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

Proposed new §226.3 sets general requirements regarding food safety education, employee health posters, and driver requirements for management and personnel.

New 25 TAC §226.4, to establish application, licensing, and fee requirements for mobile food vendors that operate in Texas.

CHAPTER 226. MOBILE FOOD VENDORS
SUBCHAPTER C. LICENSING
25 TAC §226.4

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

Proposed new §226.4 establishes application, licensing, and fee requirements for MFVs that operate in Texas.

New 25 TAC §226.6, to set general requirements for all mobile food vendors, including compliance with state and local laws, the requirement to be readily moveable, requirements for the potable water tank, and requirements to utilize a central preparation facility and servicing area unless properly exempted.

CHAPTER 226. MOBILE FOOD VENDORS
SUBCHAPTER D. REQUIREMENTS
25 TAC §226.6

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

Proposed new §226.6 sets general requirements for all MFVs, including the responsibility to comply with all other state and local laws not conflicting with HSC 437B, the requirement for MFVs to be readily moveable, requirements for the potable water tank, and requirements to utilize a central preparation facility and servicing area unless properly exempted.

New 25 TAC §226.8, to establish categories for mobile food vendors, criteria for reclassification, and parameters for inspections.

CHAPTER 226. MOBILE FOOD VENDORS
SUBCHAPTER E. INSPECTIONS
25 TAC §226.8

OVERVIEW

BACKGROUND AND JUSTIFICATION

SECTION-BY-SECTION SUMMARY

Proposed new §226.8 establishes categories for MFVs, criteria for reclassification, and parameters for inspections.

Adopted Rules Re:

Adopting 25 TAC §§229.1001 – 229.1005, to add a new subchapter for rules related to warning label requirements for food.

CHAPTER 229. FOOD AND DRUG
SUBCHAPTER II. WARNING LABEL REQUIREMENTS FOR FOOD
25 TAC §§229.1001 – 229.1005

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §229.1001, concerning Purpose and Scope, §229.1002, concerning Definitions, §229.1003, concerning Exemptions, §229.1004, concerning Warning Label Requirements, and §229.1005, concerning Enforcement.

Sections 229.1002, 229.1003, and 229.1004 are adopted with changes to the proposed text as published in the September 26, 2025, issue of the Texas Register (50 TexReg 6301). These rules will be republished. Sections 229.1001 and 229.1005 are adopted without changes to the proposed text published in the September 26, 2025, issue of the Texas Register (50 TexReg 6301). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The new sections are necessary to comply with Senate Bill (SB) 25, 89th Legislature, Regular Session, 2025, which amended Health and Safety Code (HSC) Chapter 431, Subchapter D by adding §§431.0815, 431.0816, and 431.0817, which requires the department to adopt rules to implement the changes.

Proposed Rule Reviews Re:

Reviewing title Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning food and drugs.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 229, Food and Drug

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 51 Tex Reg 1193.

Texas State Board of Pharmacy

Adopted Rules Re:

Adopting 22 TAC §291.33, to allow written information related to patient counseling to be provided electronically unless requested in a hard-copy format and remove the requirement to document the request.

CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.33

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.33, concerning Operational Standards. These amendments are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8463). The rule will not be republished.

Adopting 22 TAC §291.104, to allow written information related to patient counseling to be provided electronically unless requested in a hard-copy format and remove the requirement to document the request.

CHAPTER 291. PHARMACIES
SUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)
22 TAC §291.104

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.104, concerning Operational Standards. These amendments are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8474). The rule will not be republished.

Adopting 22 TAC §291.133, to update pharmacy compounding sterile preparation procedures.

CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.133

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §291.133, concerning Pharmacies Compounding Sterile Preparations. These amendments are adopted with changes to the proposed text as published in the October 3, 2025, issue of the Texas Register (50 TexReg 6416). The rule will be republished.

Adopting 22 TAC §295.8, to establish an electronic continuing education tracking system, update continuing education programs in preparation for the statutory continuing education tracking system, specify that record retention requirements apply to all required courses, and make grammatical corrections.

CHAPTER 295. PHARMACISTS
22 TAC §295.8

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §295.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8478). The rule will not be republished.

Adopting 22 TAC §297.8, to establish an electronic continuing education tracking system, update continuing education programs in preparation for the statutory continuing education tracking system, specify that record retention requirements apply to all required courses, and make grammatical corrections.

CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.8

OVERVIEW

The Texas State Board of Pharmacy adopts amendments to §297.8, concerning Continuing Education Requirements. These amendments are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8482). The rule will not be republished.

Adopted Rule Reviews Re:

Adopting Tile 22, Part 15, concerning nuclear pharmacies (Class B).

The Texas State Board of Pharmacy adopts the review of Chapter 291, Subchapter C (§§291.51 – 291.55), concerning Pharmacies (Nuclear Pharmacy (Class B)), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed rule review was published in the December 26, 2025, issue of the Texas Register (50 TexReg 8631).

Texas Health and Human Services Commission

Adopted Rules Re:

Adopting 26 TAC §507.516, to repeal the rule.

CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER Z. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS
26 TAC §507.516

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of §507.516, concerning Tables. The repeal of §507.516 is adopted without changes to the proposed text as published in the January 2, 2026, issue of the Texas Register (51 TexReg 32). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted repeal removes the staffing table located in Texas Administrative Code (TAC) Title 26, Chapter 507, End Stage Renal Disease Facilities, Subchapter Z, Physical Plant and Construction Requirements, §507.516, Tables. A new staffing table was adopted in 26 TAC §507.60 and was effective on December 23, 2025.

Proposed Rule Reviews Re:

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Home and Community-Based Services Program and Community First Choice.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 263, Home and Community-Based Services (HCS) Program and Community First Choice (CFC)

Adopted Rule Reviews Re:

Adopting Title 1, Part 15, concerning Medicaid and other Health and Human Services Fraud and Abuse Program Integrity.

The Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):

Chapter 371, Medicaid and Other Health and Human Services Fraud and Abuse Program Integrity

Adopting Title 26, Part 1, concerning hearings under the Administrative Procedure Act.

The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 110, Hearings Under the Administrative Procedure Act