Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 1.0.1 Adopted Rules Re:
- 1.0.1.1 Amending 26 TAC §745.21, to update definitions in Child Care Regulation rules, implementing Senate Bill 1849.
- 1.0.1.2 Repealing 26 TAC §745.601, concerning Definitions, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.3 Amending 26 TAC §745.609 and §745.615, concerning Definitions, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.4 Repealing 26 TAC §745.607, concerning Requesting Background Checks, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.5 Amending 26 TAC §745.631 and §745.643, concerning Requesting Background Checks, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.6 Adding new 26 TAC §745.675, to define the Search Engine for Multi-Agency Reportable Conduct (SEMARC) and require its use in background checks, implementing Senate Bill 1849.
- 1.0.1.7 Amending 26 TAC §745.683 and §745.695, concerning Evaluation of Risk Because of a Finding, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.8 Amending 26 TAC §745.751, concerning Immediate Threat or Danger to the Health or Safety of Children, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.9 Amending 26 TAC §745.775, concerning Administrator’s Licensing, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.10 Amending 26 TAC §745.8483, concerning Confidential Records, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
- 1.0.1.11 Amending 26 TAC §745.115, to add regulatory exemptions for military-operated child care, implementing House Bill 4529.
- 1.0.1.12 Amending 26 TAC §745.273, to raise the population threshold triggering public hearing requirements for general residential operations, implementing House Bill 3597.
- 1.0.2 In Addition Re:
- 1.0.1 Adopted Rules Re:
- 2 Department of Family and Protective Services
- 2.0.1 Adopted Rules Re:
- 2.0.1.1 Amending 40 TAC §702.501, concerning DFPS Advisory Committees, to establish the Partners for Children and Families committee and repeal two existing advisory committees.
- 2.0.1.2 Repealing 40 TAC §702.507 and §702.509, concerning the Committee on Advancing Residential Practices and the Public Privacy Partnership advisory committees.
- 2.0.1.3 Adding new 40 TAC §702.517, to establish the Partners for Children and Families (PCFC) advisory committee.
- 2.0.1 Adopted Rules Re:
- 3 Texas Board of Nursing
Texas Health and Human Services Commission
Adopted Rules Re:
Amending 26 TAC §745.21, to update definitions in Child Care Regulation rules, implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER A. PRECEDENCE AND DEFINITIONS
DIVISION 2. DEFINITIONS
26 TAC §745.21
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Repealing 26 TAC §745.601, concerning Definitions, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 1. DEFINITIONS
26 TAC §745.601
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.609 and §745.615, concerning Definitions, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 1. DEFINITIONS
26 TAC §745.609, §745.615
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Repealing 26 TAC §745.607, concerning Requesting Background Checks, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 2. REQUESTING BACKGROUND CHECKS
26 TAC §745.607
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.631 and §745.643, concerning Requesting Background Checks, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 2. REQUESTING BACKGROUND CHECKS
26 TAC §745.631, §745.643
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Adding new 26 TAC §745.675, to define the Search Engine for Multi-Agency Reportable Conduct (SEMARC) and require its use in background checks, implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 3. CRIMINAL HISTORY, SEX OFFENDER REGISTRY, CHILD ABUSE OR NEGLECT, AND SEMARC FINDINGS
26 TAC §745.675
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.683 and §745.695, concerning Evaluation of Risk Because of a Finding, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 4. EVALUATION OF RISK BECAUSE OF A FINDING
26 TAC §745.683, §745.695
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.751, concerning Immediate Threat or Danger to the Health or Safety of Children, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 6. IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN
26 TAC §745.751
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.775, concerning Administrator’s Licensing, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER F. BACKGROUND CHECKS
DIVISION 7. ADMINISTRATOR’S LICENSING
26 TAC §745.775
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.8483, concerning Confidential Records, as part of the Chapter 745 background-check rules implementing Senate Bill 1849.
CHAPTER 745. LICENSING
SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY
DIVISION 3. CONFIDENTIAL RECORDS
26 TAC §745.8483
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.
Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR’s use of the search engine as part of any subject’s background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person’s ability to receive or maintain an administrator’s license.
CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
Amending 26 TAC §745.115, to add regulatory exemptions for military-operated child care, implementing House Bill 4529.
CHAPTER 745. LICENSING
SUBCHAPTER C. OPERATIONS THAT ARE EXEMPT FROM REGULATION
DIVISION 2. EXEMPTIONS FROM REGULATION
26 TAC §745.115
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §745.115, concerning Programs and Facilities Regulated by Other Governmental Entities Exempt from CCR Regulation; and §745.273, concerning Public Notices and Hearings for Certain General Residential Operations.
Section 745.115 is adopted with changes to the proposed text as published in the March 27, 2026, issue of the Texas Register (51 TexReg 2006). This rule will be republished.
Section 745.273 is adopted without changes to the proposed text as published in the March 27, 2026, issue of the Texas Register (51 TexReg 2006). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (HB) 4529 and HB 3597, 89th Legislature, Regular Session, 2025.
HB 4529 amended Texas Human Resources Code (HRC) §42.041(b) to add exemptions to regulation by HHSC Child Care Regulation (CCR) for the following entities that are regulated by the United States Department of Defense: (1) a child care facility located on a federal military base or other federal property; and (2) a military family child care provider.
HB 3597 amended HRC §42.0461(a), which requires certain residential child care facilities to hold a public hearing before expanding capacity or receiving a license or certificate if the residential child care facilities are located in a county with a population of less than 500,000. Previously, the statutory language set the population threshold for public hearings at 300,000.
SECTION-BY-SECTION SUMMARY
The amendments (1) add a regulatory exemption for a child care facility located on a federal military base or other federal property that has a certificate required by HRC §42.041(b)(26); (2) add a regulatory exemption for a child care home operated by a military family child care provider that has a certificate required by HRC §42.041(b)(27); and (3) update the population threshold triggering the public hearing requirement for a general residential operation (GRO) from 300,000 to 500,000. The amendments also remove duplicative content and improve the readability and understanding of the rules.
Amending 26 TAC §745.273, to raise the population threshold triggering public hearing requirements for general residential operations, implementing House Bill 3597.
CHAPTER 745. LICENSING
SUBCHAPTER D. APPLICATION PROCESS
DIVISION 4. GENERAL RESIDENTIAL OPERATIONS PUBLIC NOTICE AND HEARING REQUIREMENTS
26 TAC §745.273
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §745.115, concerning Programs and Facilities Regulated by Other Governmental Entities Exempt from CCR Regulation; and §745.273, concerning Public Notices and Hearings for Certain General Residential Operations.
Section 745.115 is adopted with changes to the proposed text as published in the March 27, 2026, issue of the Texas Register (51 TexReg 2006). This rule will be republished.
Section 745.273 is adopted without changes to the proposed text as published in the March 27, 2026, issue of the Texas Register (51 TexReg 2006). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with House Bill (HB) 4529 and HB 3597, 89th Legislature, Regular Session, 2025.
HB 4529 amended Texas Human Resources Code (HRC) §42.041(b) to add exemptions to regulation by HHSC Child Care Regulation (CCR) for the following entities that are regulated by the United States Department of Defense: (1) a child care facility located on a federal military base or other federal property; and (2) a military family child care provider.
HB 3597 amended HRC §42.0461(a), which requires certain residential child care facilities to hold a public hearing before expanding capacity or receiving a license or certificate if the residential child care facilities are located in a county with a population of less than 500,000. Previously, the statutory language set the population threshold for public hearings at 300,000.
SECTION-BY-SECTION SUMMARY
The amendments (1) add a regulatory exemption for a child care facility located on a federal military base or other federal property that has a certificate required by HRC §42.041(b)(26); (2) add a regulatory exemption for a child care home operated by a military family child care provider that has a certificate required by HRC §42.041(b)(27); and (3) update the population threshold triggering the public hearing requirement for a general residential operation (GRO) from 300,000 to 500,000. The amendments also remove duplicative content and improve the readability and understanding of the rules.
In Addition Re:
Public Notice – Texas State Plan for Medical Assistance Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments will be effective September 1, 2026.
The purpose of the amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following services:
Physicians and Other Practitioners;
Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS);
Early and Periodic Screening, Diagnostic, and Treatment (EPSDT); and Ambulance Services.
The proposed amendments are estimated to result in an increase to annual aggregate expenditure of $309,842 for federal fiscal year (FFY) 2026, consisting of $185,378 in federal funds and $124,464 in state general revenue. For FFY 2027, the estimated result is an increase to annual aggregate expenditure in state of $3,758,208 consisting of $2,200,055 in federal funds and $1,558,153 general revenue. For FFY 2028, the estimated result is an increase to annual aggregate expenditure of $3,811,055 consisting of $2,248,522 in federal funds and $1,562,533 in state general revenue.
Rate hearings were conducted in person and online on November 10, 2025, February 10, 2026, and May 26, 2026. Information about the proposed rate changes and hearings were published in the October 10, 2025, January 16, 2026, and May 1, 2026, issues of the Texas Register (50 TexReg 6711-6713, 51 TexReg 302-303, and 51 TexReg 2980-2981, respectively).
Department of Family and Protective Services
Adopted Rules Re:
Amending 40 TAC §702.501, concerning DFPS Advisory Committees, to establish the Partners for Children and Families committee and repeal two existing advisory committees.
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER F. ADVISORY COMMITTEES
40 TAC §702.501
OVERVIEW
The Department of Family and Protective Services (DFPS) adopts the amended rule §702.501, the repealed §702.507 and §702.509 rules, and the new rule §702.517, in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Department of Family Protective Services’ Advisory Committees. The proposal was published in the May 1, 2026, issue of the Texas Register (51 TexReg 2887). The amended, repealed, and new rules are adopted without changes to the proposed text and will not be republished.
BACKGROUND AND JUSTIFICATION
The amended, repealed, and new rules aim to establish a new advisory committee, Partners for Children and Families (PCFC); repeal two existing advisory committees, the Committee on Advancing Residential Practices (CARP) and Public Privacy Partnership (PPP); and make minor clarifying changes to general provisions about advisory committees not being governmental bodies as defined by Chapter 551 of the Governmental Code.
Repealing 40 TAC §702.507 and §702.509, concerning the Committee on Advancing Residential Practices and the Public Privacy Partnership advisory committees.
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER F. ADVISORY COMMITTEES
40 TAC §702.507, §702.509
OVERVIEW
The Department of Family and Protective Services (DFPS) adopts the amended rule §702.501, the repealed §702.507 and §702.509 rules, and the new rule §702.517, in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Department of Family Protective Services’ Advisory Committees. The proposal was published in the May 1, 2026, issue of the Texas Register (51 TexReg 2887). The amended, repealed, and new rules are adopted without changes to the proposed text and will not be republished.
BACKGROUND AND JUSTIFICATION
The amended, repealed, and new rules aim to establish a new advisory committee, Partners for Children and Families (PCFC); repeal two existing advisory committees, the Committee on Advancing Residential Practices (CARP) and Public Privacy Partnership (PPP); and make minor clarifying changes to general provisions about advisory committees not being governmental bodies as defined by Chapter 551 of the Governmental Code.
Adding new 40 TAC §702.517, to establish the Partners for Children and Families (PCFC) advisory committee.
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER F. ADVISORY COMMITTEES
40 TAC §702.517
OVERVIEW
The Department of Family and Protective Services (DFPS) adopts the amended rule §702.501, the repealed §702.507 and §702.509 rules, and the new rule §702.517, in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Department of Family Protective Services’ Advisory Committees. The proposal was published in the May 1, 2026, issue of the Texas Register (51 TexReg 2887). The amended, repealed, and new rules are adopted without changes to the proposed text and will not be republished.
BACKGROUND AND JUSTIFICATION
The amended, repealed, and new rules aim to establish a new advisory committee, Partners for Children and Families (PCFC); repeal two existing advisory committees, the Committee on Advancing Residential Practices (CARP) and Public Privacy Partnership (PPP); and make minor clarifying changes to general provisions about advisory committees not being governmental bodies as defined by Chapter 551 of the Governmental Code.
Texas Board of Nursing
In Addition Re:
Request for Qualifications for Advanced Practice Registered Nurse Consulting Services
The Texas Board of Nursing (TBON) issues a Request for Qualifications (RFQ) from qualified Advanced Practice Registered Nurses (APRNs) to provide consulting services related to APRN licensure. The selected consultant will assist the Board in reviewing APRN licensure applications, advising on complex licensure matters, and providing recommendations regarding APRN licensing requirements.
The Board is seeking an experienced APRN to assist with the increased volume of licensure applications and support the timely review and processing of complex APRN licensing matters.
A copy of the RFQ is available at www.bon.texas.gov. This solicitation was posted to the Electronic State Business Daily (ESBD) on Friday, July 3, 2026.
Responses must be received no later than 5:00 p.m. Central Standard Time, August 7, 2026, in accordance with the instructions contained in the RFQ.
