Texas Register Table of Contents
- 1 Texas Department of State Health Services
- 2 Texas Health and Human Services Commission
- 2.0.1 Adopted Rules Re:
- 2.0.1.1 Adopting 26 TAC §559.201, §559.203, to incorporate additional health and safety requirements and definitions.
- 2.0.1.2 Adopting 26 TAC §559.205, §559.215, to update references and reflect changes specific to reflect changes specific to temporary licenses for Day Activity and Health Services Individualized Skills and Socialization Only licensure applications.
- 2.0.1.3 Adopting 26 TAC §§559.225 – 559.228, to describe standards for the physical condition of the location where services are provided; clarify provider requirements when providing transportation and determining appropriate settings for service delivery; and describing the rights of individuals receiving services from individualized skills and socialization providers.
- 2.0.1.4 Adopting 26 TAC §559.239, to repeal the section.
- 2.0.1.5 Adopting 26 TAC §§559.241, 559.243, 559.253, 559.255, 559.257, to clarify reporting requirements for abuse, neglect, or exploitation to HHSC; remove duplicative language; describe when HHSC may impose administrative penalties; describes individualized skills and socialization providers must adhere to in order to maintain compliance with regulations; and describes the process for administrative hearings regarding administrative penalties imposed on individualized skills and socialization providers.
- 2.0.2 Adopted Rule Reviews Re:
- 2.0.3 In Addition Re:
- 2.0.1 Adopted Rules Re:
Texas Department of State Health Services
Emergency Rules Re:
Amending 25 TAC §300.101, to add a definition for “minor.”
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §300.101
OVERVIEW
The Department of State Health Services is renewing the effectiveness of emergency amended §300.101 for a 60-day period. The text of the emergency rule was originally published in the October 17, 2025, issue of the Texas Register (50 TexReg 6745).
Amending 25 TAC §300.701, §300.702, to prohibit the sale of CHPs to minors.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER G. RESTRICTIONS OF CONSUMABLE HEMP PRODUCT SALES TO MINORS
25 TAC §300.701, §300.702
OVERVIEW
The Department of State Health Services is renewing the effectiveness of emergency new §300.701 and §300.702 for a 60-day period. The text of the emergency rules was originally published in the October 17, 2025, issue of the Texas Register (50 TexReg 6745).
Adopted Rules Re:
Adopting 25 TAC §§37.21 – 37.28, to edit and update the language for improved clarity, as well as add electronic eye charts to recordkeeping and reporting requirements.
CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER C. VISION AND HEARING SCREENING
25 TAC §§37.21 – 37.28
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §37.21, concerning Purpose; §37.22, concerning Definitions; §37.23, concerning Vision Screening; §37.24, concerning Hearing Screening; §37.25, concerning Facility Requirements; Department Activities; §37.26, concerning Recordkeeping and Reporting; §37.27, concerning Standards and Requirements for Screening Certification and Instructor Training; and §37.28, concerning Hearing Screening Equipment Standards and Requirements.
Sections 37.22, 37.23, 37.24, 37.25, 37.26, 37.27, and 37.28 are adopted with changes to the proposed text as published in the October 10, 2025, issue of the Texas Register (50 TexReg 6639). These rules will be republished. Section 37.21 is adopted without changes to the proposed text as published in the October 10, 2025, issue of the Texas Register (50 TexReg 6639). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (HB) 1297, 88th Regular Session, 2023, by Dutton which allows electronic eye charts for childhood vision screenings in public and private schools, licensed childcare centers, and licensed childcare homes. HB 1297 defines electronic eye charts and permits use for visual acuity screenings. Amendments include defining the term in §37.22(11) and permitting its use in §37.23(a)(1)(A).
The amendments also included edits to improve clarity and readability, defined terms, added training materials and referral requirements, removed unnecessary procedural details and a photoscreener training requirement, required facilities and certificate holders to comply with the program’s policy and procedures manuals, added an optional hearing screen for children with disabilities or for those who do not pass initial hearing screenings, clarified who may become a certified screener or external instructor, ended audiometer registration because DSHS neither monitors nor enforces registrations, and gave facilities more control over vision screening.
Additionally, nursing program faculty and students, medical offices, and Texas Health Steps Representatives will no longer be trained and certified as screeners or external instructors.
Texas Health and Human Services Commission
Adopted Rules Re:
Adopting 26 TAC §559.201, §559.203, to incorporate additional health and safety requirements and definitions.
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
26 TAC §559.201, §559.203
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.201, 559.203, 559.205, 559.215, 559.225, 559.227, 559.241, and 559.243; new §§559.226, 559.228, 559.253, 559.255, and 559.257; and the repeal of §559.239.
Sections 559.205, 559.225, 559.226, 559.227, 559.228, and 559.253 are adopted with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will be republished.
Sections 559.201, 559.203, 559.215, 559.239, 559.241, 559.243, 559.255, and 559.257 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules integrate heightened health and safety standards while minimizing unnecessary administrative and financial burdens on providers of Individualized Skills and Socialization (ISS). Specifically, the rules address environmental safety concerns, bolster the rights of individuals receiving individualized skills and socialization services, and implement Texas Health and Safety Code §253.0025 as established by House Bill 1009, 88th Regular Session, 2023, regarding suspension of employees during due process for reportable conduct. The adopted rules also establish alternative pathways to address infractions through administrative penalties, thereby offering providers remedial options beyond license revocation.
The adopted rules clarify existing requirements governing the prevention and investigation of abuse, neglect, or exploitation, and delineate provider requirements and criteria for license issuance or renewal. Additionally, non-substantive grammatical revisions enhance clarity and coherence within the regulatory framework.
Adopting 26 TAC §559.205, §559.215, to update references and reflect changes specific to reflect changes specific to temporary licenses for Day Activity and Health Services Individualized Skills and Socialization Only licensure applications.
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
26 TAC §559.205, §559.215
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.201, 559.203, 559.205, 559.215, 559.225, 559.227, 559.241, and 559.243; new §§559.226, 559.228, 559.253, 559.255, and 559.257; and the repeal of §559.239.
Sections 559.205, 559.225, 559.226, 559.227, 559.228, and 559.253 are adopted with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will be republished.
Sections 559.201, 559.203, 559.215, 559.239, 559.241, 559.243, 559.255, and 559.257 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules integrate heightened health and safety standards while minimizing unnecessary administrative and financial burdens on providers of Individualized Skills and Socialization (ISS). Specifically, the rules address environmental safety concerns, bolster the rights of individuals receiving individualized skills and socialization services, and implement Texas Health and Safety Code §253.0025 as established by House Bill 1009, 88th Regular Session, 2023, regarding suspension of employees during due process for reportable conduct. The adopted rules also establish alternative pathways to address infractions through administrative penalties, thereby offering providers remedial options beyond license revocation.
The adopted rules clarify existing requirements governing the prevention and investigation of abuse, neglect, or exploitation, and delineate provider requirements and criteria for license issuance or renewal. Additionally, non-substantive grammatical revisions enhance clarity and coherence within the regulatory framework.
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
26 TAC §§559.225 – 559.228
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.201, 559.203, 559.205, 559.215, 559.225, 559.227, 559.241, and 559.243; new §§559.226, 559.228, 559.253, 559.255, and 559.257; and the repeal of §559.239.
Sections 559.205, 559.225, 559.226, 559.227, 559.228, and 559.253 are adopted with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will be republished.
Sections 559.201, 559.203, 559.215, 559.239, 559.241, 559.243, 559.255, and 559.257 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules integrate heightened health and safety standards while minimizing unnecessary administrative and financial burdens on providers of Individualized Skills and Socialization (ISS). Specifically, the rules address environmental safety concerns, bolster the rights of individuals receiving individualized skills and socialization services, and implement Texas Health and Safety Code §253.0025 as established by House Bill 1009, 88th Regular Session, 2023, regarding suspension of employees during due process for reportable conduct. The adopted rules also establish alternative pathways to address infractions through administrative penalties, thereby offering providers remedial options beyond license revocation.
The adopted rules clarify existing requirements governing the prevention and investigation of abuse, neglect, or exploitation, and delineate provider requirements and criteria for license issuance or renewal. Additionally, non-substantive grammatical revisions enhance clarity and coherence within the regulatory framework.
Adopting 26 TAC §559.239, to repeal the section.
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
26 TAC §559.239
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.201, 559.203, 559.205, 559.215, 559.225, 559.227, 559.241, and 559.243; new §§559.226, 559.228, 559.253, 559.255, and 559.257; and the repeal of §559.239.
Sections 559.205, 559.225, 559.226, 559.227, 559.228, and 559.253 are adopted with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will be republished.
Sections 559.201, 559.203, 559.215, 559.239, 559.241, 559.243, 559.255, and 559.257 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules integrate heightened health and safety standards while minimizing unnecessary administrative and financial burdens on providers of Individualized Skills and Socialization (ISS). Specifically, the rules address environmental safety concerns, bolster the rights of individuals receiving individualized skills and socialization services, and implement Texas Health and Safety Code §253.0025 as established by House Bill 1009, 88th Regular Session, 2023, regarding suspension of employees during due process for reportable conduct. The adopted rules also establish alternative pathways to address infractions through administrative penalties, thereby offering providers remedial options beyond license revocation.
The adopted rules clarify existing requirements governing the prevention and investigation of abuse, neglect, or exploitation, and delineate provider requirements and criteria for license issuance or renewal. Additionally, non-substantive grammatical revisions enhance clarity and coherence within the regulatory framework.
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER H. INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
26 TAC §§559.241, 559.243, 559.253, 559.255, 559.257
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§559.201, 559.203, 559.205, 559.215, 559.225, 559.227, 559.241, and 559.243; new §§559.226, 559.228, 559.253, 559.255, and 559.257; and the repeal of §559.239.
Sections 559.205, 559.225, 559.226, 559.227, 559.228, and 559.253 are adopted with changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will be republished.
Sections 559.201, 559.203, 559.215, 559.239, 559.241, 559.243, 559.255, and 559.257 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4225). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules integrate heightened health and safety standards while minimizing unnecessary administrative and financial burdens on providers of Individualized Skills and Socialization (ISS). Specifically, the rules address environmental safety concerns, bolster the rights of individuals receiving individualized skills and socialization services, and implement Texas Health and Safety Code §253.0025 as established by House Bill 1009, 88th Regular Session, 2023, regarding suspension of employees during due process for reportable conduct. The adopted rules also establish alternative pathways to address infractions through administrative penalties, thereby offering providers remedial options beyond license revocation.
The adopted rules clarify existing requirements governing the prevention and investigation of abuse, neglect, or exploitation, and delineate provider requirements and criteria for license issuance or renewal. Additionally, non-substantive grammatical revisions enhance clarity and coherence within the regulatory framework.
Adopted Rule Reviews Re:
Adopting Title 26, Part 1, concerning research involving the Health and Human Services Commission Services.
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 925, Research Involving Health and Human Services Commission Services
In Addition Re:
Notice of Public Hearing on Proposed Updates to Annual HCPCS
The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on March 3, 2026, at 9:00 a.m., to receive public comments on proposed updates to Annual HCPCS Updates.