Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 1 TAC §§373.101, 373.103, 373.105, to remove outdated and duplicative information, correct formatting, and clarify existing language.
- 1.0.1.2 Amending 1 TAC §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219, to clarify the provisions of the Medicaid Estate Recovery Program (MERP).
- 1.0.1.3 Amending 1 TAC §§373.301, 373.303, 373.305, 373.307, to clarify existing language, correct formatting, and update statutory references.
- 1.0.1.4 Amending 26 TAC §§307.401, 307.403, 307.405, 307.407, 307.409, 307.411, 307.413, 307.415, 307.417, 307.419, to define the purpose, rules, standards, treatment, and outreach procedures of Coordinated Specialty Care for First Episode Psychosis (CSC-FEP) program.
- 1.0.1.5 Amending 26 TAC §748.751, §748.753, to amend the rule title, remove certain verification requirements, and make non-substantive changes for improved readability and comprehension.
- 1.0.1.6 Amending 26 TAC §748.881, §748.887, to amend the rule title, add training to the general pre-service training curriculum, and make non-substantive changes for improved readability and comprehension.
- 1.0.1.7 Amending 26 TAC §748.3319, to amend the rule title, revise the current “No Trespassing” notice location requirements, and remove additional content requirements for notices outside of a statement that entry to the property is forbidden.
- 1.0.1.8 Amending 26 TAC §748.3321, to repeal the rules because are no longer necessary.
- 1.0.2 In Addition Re:
- 1.0.1 Proposed Rules Re:
- 2 Texas Medical Board
- 3 Texas Board of Nursing
- 4 Texas Diabetes Council
- 5 Texas Department of State Health Services
- 5.0.1 Adopted Rules Re:
- 5.0.1.1 Adopting 25 TAC §§300.100 – 300.103, to make minor editorial changes to improve clarity and consistency in formatting.
- 5.0.1.2 Adopting 25 TAC §§300.201 – 300.208, to add new requirements related to consumable hemp product license applicants’ licensing, record keeping, recall procedures, and general documentation, evaluation, and investigation procedures.
- 5.0.1.3 Adopting 25 TAC §§300.301 – 300.303, to clarify testing requirements for certain hemp products and clarify language regarding acceptable delta-9 THC limits.
- 5.0.1.4 Adopting 25 TAC §§300.402 – 300.407, to clarify label and packaging requirements as well as make other minor edits to language.
- 5.0.1.5 Adopting 25 TAC §300.501, §300.502, to remove language that restricts the prohibition to products “containing CBD” and add language outlining license application requirements.
- 5.0.1.6 Adopting 25 TAC §§300.601 – 300.606, to clarify violation counts when calculating administrative penalties, remove certain requirements related to the destruction of THC products above the acceptable hemp TCH level, remove a good and sufficient bond for correction of adulterated or mislabeled products, and make several minor edits.
- 5.0.1.7 Adopting 25 TAC §300.701, §300.702, to prohibit the sale of CHPs to minors and define grounds for revocation in the event of the sale of CHPs to a minor.
- 5.0.1 Adopted Rules Re:
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 1 TAC §§373.101, 373.103, 373.105, to remove outdated and duplicative information, correct formatting, and clarify existing language.
CHAPTER 373. MEDICAID ESTATE RECOVERY PROGRAM
SUBCHAPTER A. GENERAL
1 TAC §§373.101, 373.103, 373.105
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), proposes in the Texas Administrative Code Title 1, Part 15, Chapter 373, Subchapter A, amended §§373.101, 373.103, and 373.105; Subchapter B, amended §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219; and Subchapter C, amended §§373.301, 373.303, 373.305, and 373.307, concerning the Medicaid Estate Recovery Program.
BACKGROUND AND JUSTIFICATION
The purpose of this proposal is to clarify provisions in the Medicaid Estate Recovery Program (MERP) rules, consistent with applicable federal law at 42 U.S.C. §1396p(b)(1). HHSC, as the State Medicaid Agency, is required to operate a MERP and recover the costs of Medicaid long-term care benefits received by certain Medicaid recipients. At the same time this rule is proceeding through the rulemaking process, HHSC will be submitting a proposed State Plan Amendment (SPA) to the Centers for Medicare and Medicaid Services (CMS). The SPA will seek approval from CMS to send MERP notices to the last known address of the Medicaid recipient upon their death to ensure the decedent’s heirs are aware of a possible MERP claim. This proposal also implements HB 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive amendments to the Texas Government Code that make the statute more accessible, understandable, and usable.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §373.101, Purpose, removes the statutory reference recodified by House Bill (HB) 4611, 88th Legislature, Regular Session, 2023; and removes duplicative information.
The proposed amendment to §373.103, Applicability, clarifies existing language, corrects formatting, and moves the definition of “Covered Medicaid long-term care services” to §373.105, Definitions.
The proposed amendment to §373.105, Definitions, clarifies existing language, adds the definition of “Covered Medicaid long-term care services” (moved from §373.103), and updates statutory references due to recodification of the Texas Probate Code as the Texas Estates Code. The terms “Applied for Covered Medicaid Long-Term Care Services,” “Claim,” “Cost-effective,” “Decedent,” “Estate,” “Federal Poverty Level,” “Heirs,” “Legatee,” “MERP,” “Personal Representative,” “Recipient,” and “Value of real property” are amended. The term “Effective date” is deleted.
Amending 1 TAC §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219, to clarify the provisions of the Medicaid Estate Recovery Program (MERP).
CHAPTER 373. MEDICAID ESTATE RECOVERY PROGRAM
SUBCHAPTER B. RECOVERY CLAIMS
1 TAC §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, 373.219
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), proposes in the Texas Administrative Code Title 1, Part 15, Chapter 373, Subchapter A, amended §§373.101, 373.103, and 373.105; Subchapter B, amended §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219; and Subchapter C, amended §§373.301, 373.303, 373.305, and 373.307, concerning the Medicaid Estate Recovery Program.
BACKGROUND AND JUSTIFICATION
The purpose of this proposal is to clarify provisions in the Medicaid Estate Recovery Program (MERP) rules, consistent with applicable federal law at 42 U.S.C. §1396p(b)(1). HHSC, as the State Medicaid Agency, is required to operate a MERP and recover the costs of Medicaid long-term care benefits received by certain Medicaid recipients. At the same time this rule is proceeding through the rulemaking process, HHSC will be submitting a proposed State Plan Amendment (SPA) to the Centers for Medicare and Medicaid Services (CMS). The SPA will seek approval from CMS to send MERP notices to the last known address of the Medicaid recipient upon their death to ensure the decedent’s heirs are aware of a possible MERP claim. This proposal also implements HB 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive amendments to the Texas Government Code that make the statute more accessible, understandable, and usable.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §373.201, Basis for Claims, clarifies existing language and updates statutory references due to recodification of the Texas Probate Code as the Texas Estates Code.
The proposed amendment to §373.203, Claims Procedures, clarifies existing language and updates statutory references due to recodification of the Texas Probate Code as the Texas Estates Code.
The proposed amendment to §373.205, Medicaid Estate Recovery Program (MERP) Claim, clarifies existing language, corrects formatting, and expands the time available for contractors to file claims.
The proposed amendment to §373.207, Exemptions from Claims, clarifies existing language, corrects formatting, and more closely conforms language to 42 U.S.C. §1396a, concerning State Plans for Medical Assistance.
The proposed amendment to §373.209, Undue Hardship Waivers, clarifies language, corrects formatting, reorganizes subsections for logical consistency, increases the minimum amount of an estate subject to recovery under MERP to match inflation, changes to gender neutral language, and removes the MERP Hardship Waiver Denial Review Request mailing address so the address may be updated in a timely manner as necessary.
The proposed amendment to §373.211, Right to a Review of an Undue Hardship Waiver Denial, clarifies existing language, adds the requirement to provide supporting documentation for an undue hardship waiver by rule, and removes the MERP Hardship Waiver Denial Review Request mailing address so the address may be updated in a timely manner as necessary.
The proposed amendment to §373.213, Deduction Allowed for Expenses for Home Maintenance and Costs of Care, clarifies existing language and removes the MERP Hardship Waiver Denial Review Request mailing address so the address may be updated in a timely manner as necessary.
The proposed amendment to §373.215, Recovery Not Cost Effective, increases the minimum amount of an estate subject to recovery under MERP to match inflation.
The proposed amendment to §373.217, Claim Amount, clarifies existing language, updates a rule reference citation, and clarifies what is included in MERP claims.
The proposed amendment to §373.219, Claim Payments, clarifies existing language, conforms language to internal HHSC standards, updates the name of the payee to whom payments must be made, and removes the MERP Hardship Waiver Denial Review Request mailing address so the address may be updated in a timely manner as necessary.
Amending 1 TAC §§373.301, 373.303, 373.305, 373.307, to clarify existing language, correct formatting, and update statutory references.
CHAPTER 373. MEDICAID ESTATE RECOVERY PROGRAM
SUBCHAPTER C. NOTICE
1 TAC §§373.301, 373.303, 373.305, 373.307
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), proposes in the Texas Administrative Code Title 1, Part 15, Chapter 373, Subchapter A, amended §§373.101, 373.103, and 373.105; Subchapter B, amended §§373.201, 373.203, 373.205, 373.207, 373.209, 373.211, 373.213, 373.215, 373.217, and 373.219; and Subchapter C, amended §§373.301, 373.303, 373.305, and 373.307, concerning the Medicaid Estate Recovery Program.
BACKGROUND AND JUSTIFICATION
The purpose of this proposal is to clarify provisions in the Medicaid Estate Recovery Program (MERP) rules, consistent with applicable federal law at 42 U.S.C. §1396p(b)(1). HHSC, as the State Medicaid Agency, is required to operate a MERP and recover the costs of Medicaid long-term care benefits received by certain Medicaid recipients. At the same time this rule is proceeding through the rulemaking process, HHSC will be submitting a proposed State Plan Amendment (SPA) to the Centers for Medicare and Medicaid Services (CMS). The SPA will seek approval from CMS to send MERP notices to the last known address of the Medicaid recipient upon their death to ensure the decedent’s heirs are aware of a possible MERP claim. This proposal also implements HB 4611, 88th Legislature, Regular Session, 2023, which makes non-substantive amendments to the Texas Government Code that make the statute more accessible, understandable, and usable.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §373.301, Notice Upon Application, clarifies existing language, allows the written notice of MERP provisions to be provided to legal representatives, removes outdated language, and updates language to conform to Texas Health and Safety Code Title 7, Mental Health and Intellectual Disability.
The proposed amendment to §373.303, Additional Application Notice Provision to Recipients and Others, clarifies existing language, corrects formatting, and updates language to conform to Texas Health and Safety Code Chapter 252, Intermediate Care Facilities for Individuals with an Intellectual Disability.
The proposed amendment to §373.305, Medicaid Application Estate Recovery Notice Contents, clarifies existing language, corrects formatting, updates statutory references due to recodification of the Texas Probate Code as the Texas Estates Code, and updates a reference to an additional administrative rule.
The proposed amendment to §373.307, Notice of Intent to File A Claim upon the Death of a Medicaid Recipient, clarifies existing language, corrects formatting, expands the time available for contractors to file a claim, adds locations where notice of a possible MERP claim may be sent, and removes the MERP Hardship Waiver Denial Review Request mailing address so the address may be updated in a timely manner as necessary.
Amending 26 TAC §§307.401, 307.403, 307.405, 307.407, 307.409, 307.411, 307.413, 307.415, 307.417, 307.419, to define the purpose, rules, standards, treatment, and outreach procedures of Coordinated Specialty Care for First Episode Psychosis (CSC-FEP) program.
CHAPTER 307. BEHAVIORAL HEALTH PROGRAM
SUBCHAPTER H. COORDINATED SPECIALTY CARE FOR FIRST EPISODE PSYCHOSIS PROGRAM
26 TAC §§307.401, 307.403, 307.405, 307.407, 307.409, 307.411, 307.413, 307.415, 307.417, 307.419
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Texas Administrative Code Title 26, Part 1, Chapter 307, new Subchapter H, comprising of §307.401, concerning Purpose; §307.403, concerning Application; §307.405, concerning Definitions; §307.407, concerning Eligibility Requirements; §307.409, concerning Program Requirements; §307.411, concerning Staffing Requirements; §307.413, concerning Training Requirements; §307.415, concerning Outreach Plan; §307.417, concerning Service Provision; and §307.419, concerning Waiver Request.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to establish rules for the Coordinated Specialty Care for First Episode Psychosis (CSC-FEP) program. The CSC-FEP program offers outpatient mental health treatment to individuals that are at least 15 years old and up to 30 years old with a psychotic disorder.
These rules will apply to local mental health authorities (LMHAs), local behavioral health authorities (LBHAs), and community centers providing CSC-FEP program services.
SECTION-BY-SECTION SUMMARY
Proposed new §307.401 describes the purpose of the rules, which is to explain what HHSC requires to implement the CSC-FEP program.
Proposed new §307.403 provides that the rules apply to providers delivering CSC-FEP program services.
Proposed new §307.405 contains key terms and the definitions used in the proposed new rules.
Proposed new §307.407 describes eligibility requirements to enroll in the CSC-FEP program.
Proposed new §307.409 describes CSC-FEP program requirements that the providers must implement. Program requirements include the required services, implementation of services, and treatment team requirements.
Proposed new §307.411 describes standards for sufficient staffing levels and certification requirements for staff.
Proposed new §307.413 describes treatment team training requirements for staff to provide CSC-FEP program services.
Proposed new §307.415 describes the outreach and recruitment plan that a CSC-FEP program provider is required to maintain.
Proposed new §307.417 describes requirements for the CSC-FEP program provider’s provision of services. Provisions include program admission requirements, service and transition planning, and ongoing safety assessment.
Proposed new §307.419 describes the requirement for a CSC-FEP program provider to submit a written waiver request for exceptions to program requirements.
Amending 26 TAC §748.751, §748.753, to amend the rule title, remove certain verification requirements, and make non-substantive changes for improved readability and comprehension.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER E. PERSONNEL
26 TAC §748.751, §748.753
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §748.751, concerning What are the requirements for obtaining and verifying an applicant’s employment history; §748.753, concerning What are the requirements for completing an applicant’s reference checks; §748.881, concerning What curriculum components must be included in the general pre-service training; §748.887, concerning If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention; §748.3319, concerning What “No Trespassing” signs must I post if my operation is a residential treatment center; and the repeal of §748.3321, concerning What additional responsibilities do I have regarding the “No Trespassing” signs if my operation is a residential treatment center.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (HB) 3153 and Section 6 of HB 2789, 89th Legislature, Regular Session, 2025. The proposal is also necessary to partially implement HB 16, 89th Legislature, 2nd Special Session, 2025.
HB 3153 added Texas Health and Safety Code, Chapter 811, to require general residential operations (GROs) to comply with certain employment requirements to prevent physical or sexual abuse of children.
Section 6 of HB 2789 amended Texas Human Resources Code (HRC) §42.068 to remove location and content requirements for “No Trespassing” notices required at GROs that are operating as residential treatment centers. Other rule projects are underway to implement the other sections of HB 2789.
HB 16 amended HRC §42.0426 to require a residential child-care facility to include crisis response training for emergency behavior intervention with a goal of limiting law enforcement involvement. A separate rule project will implement the bill for child-placing agencies.
The proposal updates existing requirements for obtaining and verifying an applicant’s employment history; adds training for new employees regarding professional and appropriate relationships with children; includes crisis response training for emergency behavior intervention with a goal of limiting law enforcement; and removes location-specific and content requirements for “No Trespassing” notices.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §748.751 (1) amends the rule title; (2) maintains the requirement to verify an applicant’s employment history, but deletes the requirement to only verify the previous five years of employment history; (3) deletes a subsection that grandfathered applicants who sought employment before August 9, 2023; and (4) makes non-substantive changes for better readability and understanding.
The proposed amendment to §748.753 (1) amends the rule title; (2) removes “within the past five years” and allows a reference check relating to a former job that involved providing care or services to children regardless of how long ago the job applicant provided the care or services; (3) deletes a subsection that grandfathered applicants who sought employment before August 9, 2023; and (4) makes non-substantive changes for better readability and understanding.
Amending 26 TAC §748.881, §748.887, to amend the rule title, add training to the general pre-service training curriculum, and make non-substantive changes for improved readability and comprehension.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER F. TRAINING AND PROFESSIONAL DEVELOPMENT
26 TAC §748.881, §748.887
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §748.751, concerning What are the requirements for obtaining and verifying an applicant’s employment history; §748.753, concerning What are the requirements for completing an applicant’s reference checks; §748.881, concerning What curriculum components must be included in the general pre-service training; §748.887, concerning If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention; §748.3319, concerning What “No Trespassing” signs must I post if my operation is a residential treatment center; and the repeal of §748.3321, concerning What additional responsibilities do I have regarding the “No Trespassing” signs if my operation is a residential treatment center.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (HB) 3153 and Section 6 of HB 2789, 89th Legislature, Regular Session, 2025. The proposal is also necessary to partially implement HB 16, 89th Legislature, 2nd Special Session, 2025.
HB 3153 added Texas Health and Safety Code, Chapter 811, to require general residential operations (GROs) to comply with certain employment requirements to prevent physical or sexual abuse of children.
Section 6 of HB 2789 amended Texas Human Resources Code (HRC) §42.068 to remove location and content requirements for “No Trespassing” notices required at GROs that are operating as residential treatment centers. Other rule projects are underway to implement the other sections of HB 2789.
HB 16 amended HRC §42.0426 to require a residential child-care facility to include crisis response training for emergency behavior intervention with a goal of limiting law enforcement involvement. A separate rule project will implement the bill for child-placing agencies.
The proposal updates existing requirements for obtaining and verifying an applicant’s employment history; adds training for new employees regarding professional and appropriate relationships with children; includes crisis response training for emergency behavior intervention with a goal of limiting law enforcement; and removes location-specific and content requirements for “No Trespassing” notices.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §748.881 (1) amends the rule title; (2) adds maintaining professional and appropriate conduct with children as a curriculum component for general pre-service training; and (3) makes non-substantive changes for better readability and understanding, including the renumbering of paragraphs.
The proposed amendment to §748.887 (1) amends the rule title; (2) updates a curriculum component for emergency behavior intervention training to address circumstances when all de-escalation strategies fail, including crisis response training that limits law enforcement involvement; and (3) makes non-substantive changes for better readability and understanding.
Amending 26 TAC §748.3319, to amend the rule title, revise the current “No Trespassing” notice location requirements, and remove additional content requirements for notices outside of a statement that entry to the property is forbidden.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER P. PHYSICAL SITE
26 TAC §748.3319
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §748.751, concerning What are the requirements for obtaining and verifying an applicant’s employment history; §748.753, concerning What are the requirements for completing an applicant’s reference checks; §748.881, concerning What curriculum components must be included in the general pre-service training; §748.887, concerning If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention; §748.3319, concerning What “No Trespassing” signs must I post if my operation is a residential treatment center; and the repeal of §748.3321, concerning What additional responsibilities do I have regarding the “No Trespassing” signs if my operation is a residential treatment center.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (HB) 3153 and Section 6 of HB 2789, 89th Legislature, Regular Session, 2025. The proposal is also necessary to partially implement HB 16, 89th Legislature, 2nd Special Session, 2025.
HB 3153 added Texas Health and Safety Code, Chapter 811, to require general residential operations (GROs) to comply with certain employment requirements to prevent physical or sexual abuse of children.
Section 6 of HB 2789 amended Texas Human Resources Code (HRC) §42.068 to remove location and content requirements for “No Trespassing” notices required at GROs that are operating as residential treatment centers. Other rule projects are underway to implement the other sections of HB 2789.
HB 16 amended HRC §42.0426 to require a residential child-care facility to include crisis response training for emergency behavior intervention with a goal of limiting law enforcement involvement. A separate rule project will implement the bill for child-placing agencies.
The proposal updates existing requirements for obtaining and verifying an applicant’s employment history; adds training for new employees regarding professional and appropriate relationships with children; includes crisis response training for emergency behavior intervention with a goal of limiting law enforcement; and removes location-specific and content requirements for “No Trespassing” notices.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §748.3319 (1) amends the rule title; (2) removes previous location requirements for “No Trespassing” notices and replaces those requirements with a requirement that the notices be displayed in obvious locations that are clearly visible; (3) removes content requirements for the notices except for a statement that entry to the property is forbidden; (4) adds a new subsection to facilitate the proposed repeal of §748.3321; and (5) makes non-substantive changes for better readability and understanding.
Amending 26 TAC §748.3321, to repeal the rules because are no longer necessary.
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER P. PHYSICAL SITE
26 TAC §748.3321
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §748.751, concerning What are the requirements for obtaining and verifying an applicant’s employment history; §748.753, concerning What are the requirements for completing an applicant’s reference checks; §748.881, concerning What curriculum components must be included in the general pre-service training; §748.887, concerning If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention; §748.3319, concerning What “No Trespassing” signs must I post if my operation is a residential treatment center; and the repeal of §748.3321, concerning What additional responsibilities do I have regarding the “No Trespassing” signs if my operation is a residential treatment center.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to implement House Bill (HB) 3153 and Section 6 of HB 2789, 89th Legislature, Regular Session, 2025. The proposal is also necessary to partially implement HB 16, 89th Legislature, 2nd Special Session, 2025.
HB 3153 added Texas Health and Safety Code, Chapter 811, to require general residential operations (GROs) to comply with certain employment requirements to prevent physical or sexual abuse of children.
Section 6 of HB 2789 amended Texas Human Resources Code (HRC) §42.068 to remove location and content requirements for “No Trespassing” notices required at GROs that are operating as residential treatment centers. Other rule projects are underway to implement the other sections of HB 2789.
HB 16 amended HRC §42.0426 to require a residential child-care facility to include crisis response training for emergency behavior intervention with a goal of limiting law enforcement involvement. A separate rule project will implement the bill for child-placing agencies.
The proposal updates existing requirements for obtaining and verifying an applicant’s employment history; adds training for new employees regarding professional and appropriate relationships with children; includes crisis response training for emergency behavior intervention with a goal of limiting law enforcement; and removes location-specific and content requirements for “No Trespassing” notices.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §748.3321 deletes the rule as no longer necessary because (1) the “No Trespassing” notices are no longer required to identify under whose authority the notice is currently posted; and (2) the option to request new notices from Child Care Regulation has been added to proposed amended §748.3319.
In Addition Re:
Notice of Provider Engagement Meetings for Medicaid Payment Rates
The Texas Health and Human Services Commission (HHSC) will conduct provider engagement meetings on April 9, 2026, to receive comments on Medicaid payment rate topics that may potentially be addressed at the upcoming May 2026 rate hearings. Commentary will be collected solely on the topics listed in this notice. Proposed rates will not be published at this time.
Revised Public Hearing Notice to Update the Link to the Draft Plan: State Hospital Long Range Planning Report
This meeting will be webcast. Members of the public may attend the meeting in person at the address above or access a live stream of the meeting at https://texashhsmeetings.org/HHSWebcast. Select the tab for the Winters Public Hearing Room Live on the date and time for this meeting. A draft version of the State Hospital Long-Range Planning Report will be available for viewing beginning on March 13, 2026 at the following link https://www.tinyurl.com/StateHospitalLRP. Please e-mail Webcasting@hhsc.state.tx.us if you have any problems with the webcasting function.
Texas Medical Board
Proposed Rules Re:
Amending 22 TAC §186.26, to correct the minimum number of hours required for the completion of an NCT educational program.
CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY
SUBCHAPTER C. NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS
22 TAC §186.26
OVERVIEW
The Texas Medical Board (Board) proposes an amendment concerning Chapter 186, Medical Radiologic Technology, Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §186.26.
The proposed amendment to rule §186.26 corrects the minimum number of hours required for the completion of an NCT educational program. Specifically, the amendment clarifies that only one (or more) of an anatomy unit must be completed within that program, but not all.
The proposed amendment to §186.26, relating to Non-Certified Technician Registration and Practice Requirements, 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. The proposed amendment 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.
Texas Board of Nursing
Proposed Rules Re:
Amending 22 TAC §§216.1, 216.5, 216.7 – 216.9, 216.11, to set forth definitions and establish (1) compliance with continuing competency requirements, (2) licensees’ recordkeeping and verification of continuing competency activities, (3) the process for renewal, reactivation, and other forms of relicensure, (4) the Board’s audit process, and (4) consequences of noncompliance.
CHAPTER 216. CONTINUING COMPETENCY
22 TAC §§216.1, 216.5, 216.7 – 216.9, 216.11
OVERVIEW
The Texas Board of Nursing (Board) proposes amendments to Board Rules §§216.1, 216.5, 216.7 – 216.9 and 216.11 to implement the requirements of Senate Bill 912, which added Texas Occupations Code §§112.101-112.106. This bill requires the Board to establish a continuing education tracking system to verify that licensees have complied with continuing competency requirements prior to renewal of a license. The proposed amendments to 22 Texas Administrative Code Chapter 216, relating to Continuing Competency, are intended to implement Senate Bill 912 by establishing and integrating a continuing education tracking system for verifying licensee compliance.
SECTION-BY-SECTION SUMMARY
Section 216.1 contains definitions for Chapter 216. The Board proposes to revise the definition of “Audit” to clarify that audits may involve a general review of licensees and monitoring of the continuing education tracking system vendor, rather than being limited to a random sampling conducted during a biennial licensing period. The amendments also add a new definition for “Continuing education tracking system,” defined as an electronic system established by the Board in accordance with Texas Occupations Code §§112.104 and 112.105. Existing definitions in the section are renumbered as necessary to accommodate the addition of the new term.
Section 216.5 establishes additional methods by which a licensee may demonstrate compliance with continuing competency requirements, other than by submitting evidence of completed continuing nursing education (CNE) hours or an approved national nursing certification. The proposed amendments to §216.5 transition documentation requirements for these alternative methods from the current reactive, audit-based submission process to a proactive requirement that licensees upload sufficient documentation and information to the continuing education tracking system. Under the proposed amendments, licensees are required to upload documentation verifying completion of qualifying academic courses, development or presentation of approved programs, and publication of eligible manuscripts, rather than submitting documentation only upon audit.
Section 216.7 establishes the responsibilities of individual licensees with respect to recordkeeping and verification of continuing competency activities. The proposed amendments to §216.7 clarify these responsibilities by maintaining the requirement that licensees retain records of general continuing nursing education activities for a minimum of three consecutive licensing periods, while proposing removal of language specifying forms of documentation to be submitted upon audit. The proposed amendments also add a provision requiring licensees to upload all documentation and information necessary to verify completion of continuing competency requirements to the continuing education tracking system prior to license renewal or reactivation.
Section 216.8 establishes the process for renewal, reactivation, and other forms of relicensure. The proposed amendments to §216.8 incorporate use of the continuing education tracking system into the relicensure framework by proposing that licensees attest, upon renewal, that they have complied with the requirement to upload verification documentation to the tracking system. The proposed amendments further require that licensees seeking renewal of a delinquent license or reactivation of an inactive license upload sufficient documentation to the tracking system to verify completion of required continuing education or maintenance of approved national nursing certification. Additional conforming amendments align the renewal, delinquency, and reactivation processes with the proposed verification framework.
Section 216.9 establishes the Board’s audit process for verifying compliance with continuing competency requirements. The proposed amendments to §216.9 align the audit process with the continuing education tracking system by proposing that the Board review documentation and information previously uploaded to the system and request additional materials as necessary to verify compliance. The proposed amendments also remove obsolete provisions describing prior random sampling procedures and specific submission formats in order to comport with the proposed continuing education tracking system procedures.
Section 216.11 establishes the consequences of noncompliance with continuing competency requirements. The proposed amendments to §216.11 clarify that failure to demonstrate compliance upon audit, falsely attesting to completion of continuing competency requirements, or falsification of records would constitute unprofessional conduct and grounds for disciplinary action, in addition to denial of license renewal.
Adopted Rules Re:
Adopting 22 TAC §213.13, to remove outdated language, incorporate modern complaint submission and investigation practices, and ensure compliance with current statutory requirements governing notification and investigative procedures.
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC §213.13
OVERVIEW
The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §213.13, relating to Complaint Investigation and Disposition, without changes to the proposed text as published in the December 19, 2025 edition of the Texas Register (50 TexReg 8153). The rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to align §213.13 with applicable statutory requirements and to ensure that the rule accurately reflects current agency practices related to complaint intake, investigation, and notification. An internal audit conducted in conjunction with the Board’s enforcement department identified provisions of the rule that were outdated or inconsistent with current procedures. The amendments address those findings.
The amendments update the complaint submission provisions to reflect the Board’s existing intake processes, including submission in writing or through the agency’s online complaint portal, and clarify the information required to initiate an investigation. The amendments remove certain information requirements that may not be reasonably available to complainants and that are not necessary at the initial intake stage. The complaint priority system is also amended to reflect current operational practice. The adopted amendments further clarify investigative timeline and notification requirements to ensure consistency with Texas Occupations Code §§301.204 and 301.457. Finally, the amendments remove language requiring a criminal background check at the preliminary stage of an investigation to accurately reflect current procedure. Criminal background checks remain part of agency practice but are not conducted during the initial intake phase.
SECTION-BY-SECTION SUMMARY
The adopted amendments revise subsection (a) to consolidate complaint submission requirements and clarify the information collected to initiate or conduct an investigation.
Subsection (b) is amended to retain the currently used complaint priority levels and remove the unused Priority 4 category.
Subsection (c) clarifies that, not later than the 30th day after receipt of a complaint, staff must complete a preliminary investigation to determine the identity of the person named or described in the complaint, if necessary, and to assign complaint priority scheduling, which establishes the projected timeline for case completion.
Subsection (d) clarifies notification requirements consistent with Texas Occupations Code §§301.204 and 301.457, including documentation and communication of projected investigative timelines and any subsequent changes. The reference to §301.457 preserves the Board’s statutory authority to withhold notice to a licensee when providing such notice would jeopardize an investigation.
Subsections (e) and (f) remove obsolete language and clarify when an investigation is considered complete and when summary data must be provided to the Executive Director for cases extending beyond established timelines.
Texas Diabetes Council
Proposed Rules Re:
Amending 25 TAC §§651.1 – 651.5, to update statutory references and language concerning DSHS’s responsibility for publishing notices of each meeting and clarify voting and requirements to provide public comment.
CHAPTER 651. CONDUCT OF COUNCIL MEETINGS
25 TAC §§651.1 – 651.5
OVERVIEW
The Texas Diabetes Council (TDC) proposes amendments to §651.1, concerning Introduction; §651.2, concerning Applicability of Texas Open Meetings Law; §651.3, concerning Notice of Meetings; §651.4, concerning Transaction of Business; and §651.5 concerning Public Participation.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to make necessary amendments that were identified during the rule review required by Texas Government Code §2001.039. Proposed amendments include updating the reference of appropriate statute, clarifying the role Texas Department of State Health Services (DSHS) has in providing administrative support, specifying voting eligibility, and updating public participation best practices.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §651.1 includes adding applicable statute that created the TDC and the requirement to elect a vice-chair.
The proposed amendment to §651.2 updates the reference to the Texas Open Meetings Act.
The proposed amendment to §651.3 updates the language to indicate that DSHS is responsible for publishing a notice of each meeting. In addition, the language is updated to indicate DSHS provides notice of the public meeting to council members.
The proposed amendment to §651.4 clarifies language regarding voting.
The proposed amendment to §651.5 reflects requirements for providing public comment.
Texas Department of State Health Services
Adopted Rules Re:
Adopting 25 TAC §§300.100 – 300.103, to make minor editorial changes to improve clarity and consistency in formatting.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §§300.100 – 300.103
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER B. MANUFACTURE, PROCESSING, AND DISTRIBUTION OF CONSUMABLE HEMP PRODUCTS
25 TAC §§300.201 – 300.208
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.
Adopting 25 TAC §§300.301 – 300.303, to clarify testing requirements for certain hemp products and clarify language regarding acceptable delta-9 THC limits.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER C. TESTING OF CONSUMABLE HEMP PRODUCTS
25 TAC §§300.301 – 300.303
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.
Adopting 25 TAC §§300.402 – 300.407, to clarify label and packaging requirements as well as make other minor edits to language.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER D. RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
25 TAC §§300.402 – 300.407
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.
Adopting 25 TAC §300.501, §300.502, to remove language that restricts the prohibition to products “containing CBD” and add language outlining license application requirements.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER E. REGISTRATION FOR RETAILERS OF CONSUMABLE HEMP PRODUCTS
25 TAC §300.501, §300.502
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER F. ENFORCEMENT
25 TAC §§300.601 – 300.606
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.
Adopting 25 TAC §300.701, §300.702, to prohibit the sale of CHPs to minors and define grounds for revocation in the event of the sale of CHPs to a minor.
CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER G. RESTRICTIONS ON SALE TO MINORS
25 TAC §300.701, §300.702
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS or department), adopts the amendments to §§300.100 – 300.103, 300.201 – 300.203, 300.301 – 300.303, 300.402 – 300.404, 300.501, 300.502, 300.601 – 300.606; and new §§300.204 – 300.208, 300.405 – 300.407, 300.701, and 300.702, concerning Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.
Sections 300.100, 300.102, 300.206, 300.404, 300.407, 300.602, 300.604, 300.605, and 300.702, are adopted without changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will not be republished.
Sections 300.101, 300.103, 300.201 – 300.205, 300.207, 300.208, 300.301 – 300.303, 300.402, 300.403, 300.405, 300.406, 300.501, 300.502, 300.601, 300.603, 300.606, and 300.701 are adopted with changes to the proposed text as published in the December 26, 2025, issue of the Texas Register (50 TexReg 8486). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to comply with Executive Order GA-56. House Bill (HB) 1325 (86th Legislature, Regular Session, 2019) established Texas Health and Safety Code (HSC) Chapter 443 for the Manufacture, Distribution, and Sale of Consumable Hemp Products (CHPs). The resulting rules to implement HSC 443 are at 25 Texas Administrative Code (TAC) Chapter 300 and became effective on August 2, 2020.
On September 10, 2025, Governor Greg Abbott issued Executive Order GA-56, directing the department to amend the rules to prohibit the sale of CHPs to minors, to add age verification requirements, to update testing requirements, and to update record keeping requirements.
The adopted rules increase the initial and annual renewal licensing fees for consumable hemp manufacturers to $10,000 per facility, and the annual registration fees for retailers to $5,000 per location. The adopted rules add a written consent requirement for Texas Alcoholic Beverage Commission (TABC) to enter the premises to conduct a physical inspection for both manufacturers and retail hemp registrants. The adopted rules also include tetrahydrocannabinol acid (THCA) in the definition of total delta-9 tetrahydrocannabinol (THC) and in the definition of acceptable hemp THC level. The adopted rules update testing, packaging, labeling, and record-keeping requirements.