Texas Register January 23, 2026 Volume 51 Number 4


Texas Register Table of Contents

Governor

Appointments Re:

Appointed to the Texas State Board of Examiners of Psychologists for a term to expire October 31, 2031, Jamie A. Becker, Ph.D.
Appointed to the Texas State Board of Examiners of Psychologists for a term to expire October 31, 2031, Christopher M. “Chris” Moose.
Appointed to the Texas State Board of Examiners of Psychologists for a term to expire October 31, 2031, Sangeeta S. Singg, Ph.D.
Appointed to the State Board of Veterinary Medical Examiners for a term to expire August 26, 2031, Sue T. Allen.
Appointed to the State Board of Veterinary Medical Examiners for a term to expire August 26, 2031, Lawrence J. “Larry” Moczygemba, D.V.M.
Appointed to the State Board of Veterinary Medical Examiners for a term to expire August 26, 2031, Victoria Rose Whitehead.
Appointed to the Education Commission of the States for a term to expire at the pleasure of the Governor, Aubrey W. “Wynn” Rosser, Ph.D.

State Board of Dental Examiners

Proposed Rules Re:

Amending 22 TAC §101.1, to require the submission of specific personal identification documents for proof of citizenship, legal permanent residency, or federal work authorization before a dental license may be issued or renewed.

CHAPTER 101. DENTAL LICENSURE
22 TAC §101.1

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §101.1, pertaining to general qualifications for dental licensure. The proposed amendment requires certain personal identification documents that an applicant must submit in an initial and renewal application for dental licensure. The proposed amendment is necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to practice dentistry in Texas. The proposed amendment would require applicants to submit appropriate documentation verifying legal presence and work authorization before a license may be issued or renewed.


Amending 22 TAC §103.1, to outline the general qualifications for hygiene licensure.

CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.1

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §103.1, pertaining to general qualifications for hygiene licensure. The proposed amendment requires certain personal identification documents that an applicant must submit in an initial and renewal application for hygiene licensure. The proposed amendment is necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to practice hygiene in Texas. The proposed amendment would require applicants to submit appropriate documentation verifying legal presence and work authorization before a license may be issued. The proposed amendment also corrects a grammatical error.


Amending 22 TAC §114.6, to define the general qualifications for dental assistant registration or certification and to correct a grammatical error.

CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL–DENTAL ASSISTANTS
22 TAC §114.6

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §114.6, pertaining to general qualifications for dental assistant registration or certification. The proposed amendment requires certain personal identification documents that an applicant must submit in an initial and renewal application for a dental assistant registration or certification. The proposed amendment is necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to practice in Texas. The proposed amendment would require applicants to submit appropriate documentation verifying legal presence and work authorization before a registration or certification may be issued. The proposed amendment also corrects grammatical errors.


Amending 22 TAC §116.3, to require the submission of certain documentation prior to the renewal or reissuance of dental laboratories.

CHAPTER 116. DENTAL LABORATORIES
22 TAC §116.3

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §116.3, pertaining to registration and renewal of dental laboratories. The proposed amendment requires certain personal identification documents that an individual applicant must submit in an initial and renewal application for a dental laboratory registration. The proposed amendment is necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to own a dental laboratory in Texas. The proposed amendment would require the applicant to submit appropriate documentation verifying legal presence and work authorization before a dental laboratory registration may be issued or renewed. Additionally, the proposed amendment removes references to the Dental Laboratory Certification Council (DLCC). Chapter 266 of the Texas Occupations Code pertaining to the regulation of dental laboratories was amended by Senate Bill 313 of the 85th Texas Legislature, Regular Session (2017). The bill repealed chapter sections that referenced the DLCC. The Board no longer uses the council.


Amending 22 TAC §117.2, to require the submission of certain documentation prior to the renewal or reissuance of dental faculty licensure.

CHAPTER 117. FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS
22 TAC §117.2

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §117.2, pertaining to dental faculty licensure. The proposed amendment requires certain personal identification documents that an applicant must submit in an initial and renewal application for dental faculty licensure. The proposed amendment is necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to practice as a faculty dentist in Texas. The proposed amendment would require applicants to submit appropriate documentation verifying legal presence and work authorization before a faculty license may be issued.


Amending 22 TAC §117.3, to provide a list of accepted personal identification documentation, including a valid driver’s license, state identification certificate, passport, United States Certificate of Naturalization, or a United States Certificate of Citizenship.

CHAPTER 117. FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS
22 TAC §117.3

OVERVIEW

The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §117.3, pertaining to dental hygiene faculty licensure. The proposed amendment requires certain personal identification documents that an applicant must submit in an initial and renewal application for dental hygiene faculty licensure. The proposed amendment is necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to practice as a faculty hygienist in Texas. The proposed amendment would require applicants to submit appropriate documentation verifying legal presence and work authorization before a faculty license may be issued.


Texas Board of Nursing

Proposed Rules Re:

Amending 22 TAC §217.8, to require the submission of official documentation to establish authorization for legal employment prior to the renewal or issuance of a nursing license.

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §217.8

OVERVIEW

The Texas Board of Nursing proposes new 22 Texas Administrative Code §217.8 to require certain personal identification documents that an applicant must submit in an application for licensure or licensure renewal. These proposed amendments are necessary to ensure that the applicant’s personal identification document is valid and that the applicant is legally eligible to practice nursing in Texas.

BACKGROUND AND JUSTIFICATION

Proposed new 22 Texas Administrative Code §217.8 is intended to prevent fraudulent activity and to ensure that individuals licensed to practice nursing in Texas are legally present and authorized to work in the United States.

The proposed new section is necessary to clarify how legal presence requirements apply to nursing licensure and practice in Texas and to communicate those requirements to applicants, license holders, employers, and relevant governmental authorities. The rule would require applicants and license holders to submit appropriate documentation verifying legal presence and work authorization before a license may be issued or renewed.

The Board recognizes that, in certain circumstances, foreign-educated or foreign-based applicants may seek licensure or licensure eligibility prior to their physical presence in the United States in order to comply with federal immigration processes. To address this practical consideration, the proposed rule would allow the Board to issue a preliminary determination of eligibility for licensure.

The Board anticipates that this approach will support statewide efforts to strengthen the nursing workforce while ensuring that all licensees are legally present and authorized to practice in Texas.


Texas Health and Human Services Commission

Adopted Rules Re:

Adopting 26 TAC §356.603, to replace the use of “and” with “or” throughout subsection (a) to clarify eligibility under the program.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §356.603

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


Adopting 26 TAC §356.1303, §356.1316, to replace the use of “and” with “or” throughout subsection (a) to clarify eligibility under the program, as well as remove references to repealed sections and make edits to language and formatting to improve readability.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §356.1303, §356.1316

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


Adopting 26 TAC §356.1323, to repeal the section.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §356.1323

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


Adopting 26 TAC §356.1403, to remove references to repealed sections.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §356.1403

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


Adopting 26 TAC §356.2003, §356.2016, to update the language and structure to improve readability as well as remove references to repealed sections.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §356.2003, §356.2016

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


Adopting 26 TAC §356.2023, to repeal the section.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §356.2023

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


Adopting 26 TAC §356.2103, to remove references to repealed sections.

CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §356.2103

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.603, concerning Eligibility; 356.1303, concerning Eligibility; 356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; 356.1403, concerning Crisis Call Hotline; 356.2003, concerning Eligibility; 356.2016, concerning Policies and Procedures Regarding Entries in a Program Participant’s Record; and 356.2103, concerning Crisis Call Hotline; the repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation; and the repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation.

Sections 356.603, 356.1303, 356.1316, 356.1323, 356.1403, 356.2003, 356.2016, 356.2023, and 356.2103 are adopted without changes to the proposed text as published in the October 10, 2025 issue of the Texas Register (50 TexReg 6649). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeal of §356.1323 and §356.2023 removes rules from 26 Texas Administrative Code, Chapter 356, on retention and destruction of documentation procedures because these requirements are in the HHSC contract related to family violence service delivery. The amendments to §§356.1316, 356.1403, 356.2016, and 356.2103 remove references to the repealed rules.

Further, the amendments to §§356.603, 356.1303, and 356.2003 clarify that there are four types of victims who may be eligible for services in the Family Violence Program. The amendments clarify existing eligibility criteria and do not impact eligibility for services.


In Addition Re:

Public Notice

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to renew the Non-Emergency Medical Transportation (NEMT) Statewide Fee-for-Service (FFS) Selective Contracting waiver authorized under §1915(b)(4) of the Social Security Act (the Act). HHSC provides NEMT services under the Texas Medicaid state plan, and CMS approved HHSC’s waiver through May 31, 2026, for the NEMT FFS Selective Contracting program which limits choice of demand response transportation service (DRTS) providers. The proposed effective date for this renewal is June 1, 2026.


Public Notice

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Deaf Blind with Multiple Disabilities (DBMD) program. HHSC administers the DBMD Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the DBMD waiver application through February 29, 2028.


Texas Department of State Health Services

Adopted Rule Reviews Re:

Adopting Title 25, Part 1, concerning radiation control.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):

Chapter 289, Radiation Control