Texas Register Table of Contents
- 1 Governor
- 2 Texas Health and Human Services Commission
- 2.0.1 Proposed Rules Re:
- 2.0.1.1 Repealing 1 TAC §§392.201, 392.203, 392.205, and 392.207, to remove the Children’s Autism Program rules from Chapter 392, Subchapter C, so that all Children’s Autism Program rules can be consolidated into 26 TAC Chapter 358.
- 2.0.1.2 Amending 26 TAC §§358.101, 358.105, 358.107, 358.109, to update the purpose and program administration of the Children’s Autism Program, revise definitions, and add new rules for criminal background checks and safety requirements for contractors, replacing rules proposed for repeal in 1 TAC Chapter 392.
- 2.0.1.3 Proposing new 26 TAC §358.201, to establish staff qualifications for the Children’s Autism Program, including requirements for the program manager, direct services staff, BCBA or BCBA-D supervision, and annual training, replacing requirements in 1 TAC §392.203 proposed for repeal.
- 2.0.1.4 Amending 26 TAC §§358.307, 358.309, 358.311, 358.313, and 358.315, and repealing 26 TAC §358.309, to expand program eligibility from children ages 3 through 15 to individuals younger than 22 years of age, reorganize enrollment and interest list requirements into a new §358.309, clarify service delivery and documentation requirements, update service hour and limit provisions, and update participation requirements for children and parents.
- 2.0.1.5 Repealing 26 TAC §358.507 and §358.515, to remove rules on rights of children and parents and staff requirements from Subchapter E as those provisions are unnecessary or have been incorporated into other proposed rules.
- 2.0.1.6 Amending 26 TAC §§358.605, 358.607, 358.608, and 358.609, to make minor rule edits to the cost share provisions, clarify how contractors calculate the monthly fee, clarify the insurance payment rule, and update the payer of last resort provisions.
- 2.0.1 Proposed Rules Re:
- 3 Texas Department of Licensing and Regulation
- 3.0.1 Proposed Rules Re:
- 3.0.1.1 Repealing 16 TAC §130.28, to remove the advisory board training requirement for Podiatric Medical Examiners Advisory Board members, which became obsolete following the repeal of Texas Occupations Code §202.061 by Senate Bill 968 (89th Legislature).
- 3.0.1.2 Amending 16 TAC §§130.30, 130.31, 130.32, and 130.33, to implement Senate Bill 968 (89th Legislature) by replacing “temporary residency license” with “residency license” throughout the title and text of each section.
- 3.0.1.3 Repealing 16 TAC §130.43, to remove the provisional license rule for the Doctor of Podiatric Medicine license, which became obsolete following the repeal of Texas Occupations Code §202.260 by Senate Bill 968 (89th Legislature).
- 3.0.1.4 Amending 16 TAC §130.60, to implement Senate Bill 968 (89th Legislature) by removing the word “temporary” from the residency license fee entry, updating the residency license extension fee entry, and removing the provisional license fee.
- 3.0.1 Proposed Rules Re:
- 4 Department of Family and Protective Services
- 4.0.1 Proposed Rules Re:
- 4.0.1.1 Amending 40 TAC §702.501 and proposing new 40 TAC §702.517, to clarify that advisory committees are not governmental bodies under Chapter 551 while requiring open meetings compliance, and to establish the new Partners for Children and Families Committee (PCFC) as a replacement for the Committee on Advancing Residential Practices and the Public Private Partnership advisory committees.
- 4.0.1.2 Repealing 40 TAC §702.507 and §702.509, to eliminate the Committee on Advancing Residential Practices (CARP) and the Public Private Partnership (PPP) advisory committees, which have been merged into the new Partners for Children and Families Committee proposed in §702.517.
- 4.0.1 Proposed Rules Re:
- 5 Texas Department of State Health Services
- 6 Texas Health and Human Services Commission
Governor
Appointments Re:
Appointed to the Texas Board of Physical Therapy Examiners for a term to expire January 31, 2031, Tiffany L. Barrett, D.P.T. of McGregor, Texas (replacing Kathryn J. “Katie” Roby, D.P.T. of Temple whose term has expired).
Appointed to the Texas Board of Physical Therapy Examiners for a term to expire January 31, 2031, Mourad Hasbaoui of Corpus Christi, Texas (replacing Jacob Delgado of Hewitt whose term expired).
Appointed to the Texas Board of Physical Therapy Examiners for a term to expire January 31, 2031, Heather D. Jackson of Denton, Texas (replacing Melissa A. Skillern, D.P.T. of Manvel whose term expired).
Appointed to the Advisory Council on Postsecondary Education for Persons with Intellectual and Developmental Disabilities for a term to expire August 31, 2027, Aaron W. Bangor, Ph.D. of Austin, Texas (Dr. Bangor is being reappointed).
Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2032, Lauren H. Day of Austin, Texas (replacing Aundrea Young of Houston whose term expired).
Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2032, James M. “Mike” DeLoach of Littlefield, Texas (Judge DeLoach is being reappointed).
Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2032, Brian J. Eastridge, M.D. of San Antonio, Texas (Dr. Eastridge is being reappointed).
Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2032, Della M. Johnson of Mesquite, Texas (Ms. Johnson is being reappointed).
Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2032, Crissie L. Richardson of Salado, Texas (replacing Cassandra “Cassie” Potvin of Belton whose term expired).
Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2032, Gerad A. Troutman, M.D. of Lubbock, Texas (Dr. Troutman is being reappointed).
Texas Health and Human Services Commission
Proposed Rules Re:
Repealing 1 TAC §§392.201, 392.203, 392.205, and 392.207, to remove the Children’s Autism Program rules from Chapter 392, Subchapter C, so that all Children’s Autism Program rules can be consolidated into 26 TAC Chapter 358.
CHAPTER 392. PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS
SUBCHAPTER C. AUTISM PROGRAM
1 TAC §§392.201, 392.203, 392.205, 392.207
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §392.201, concerning Definitions; §392.203, concerning Staff Qualifications; §392.205, concerning Criminal Background Checks; and §392.207, concerning Safety.
BACKGROUND AND JUSTIFICATION
Currently, the rules for the Children’s Autism Program are located in two separate chapters in the Texas Administrative Code (TAC). The purpose of the proposal is to repeal the program rules in 1 TAC Chapter 392, Subchapter C, Autism Program. The proposed repeals remove outdated references to the Department of Assistive and Rehabilitative Services (DARS) and allows the Texas Health and Human Services Commission (HHSC) to locate all of the Children’s Autism Program rules in 26 TAC, Chapter 358.
HHSC is proposing new, amended, and repealed rules in 26 TAC, Chapter 358, Children’s Autism Program, to replace the repealed rules and to update and organize the repealed rules with other rules in Chapter 358. The proposed new, amended, and repealed rules in Chapter 358 are published elsewhere in this issue of the Texas Register.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §392.201, §392.203, §392.205, and §392.207 removes the rules so that all of the Children’s Autism Program rules can be located in one chapter of the TAC where the rules can be updated.
Amending 26 TAC §§358.101, 358.105, 358.107, 358.109, to update the purpose and program administration of the Children’s Autism Program, revise definitions, and add new rules for criminal background checks and safety requirements for contractors, replacing rules proposed for repeal in 1 TAC Chapter 392.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER A. GENERAL RULES
26 TAC §§358.101, 358.105, 358.107, 358.109
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The proposal would also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The proposal changes the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
Additionally, the Children’s Autism Program rules are in two different TAC chapters. HHSC is proposing to repeal the rules in 1 TAC Chapter 392, Subchapter C, Autism Program, to consolidate the program rules into one chapter in 26 TAC Chapter 358. The proposed repeal of the 1 TAC Chapter 392 rules are published elsewhere in this issue of the Texas Register.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §358.101, Purpose, changes the title of the rule to “Purpose and Program Administration” and formats the rule into new subsections (a) – (c). New subsection (a) states the chapter implements the HHSC Children’s Autism Program to provide services to children and young adults diagnosed with an autism spectrum disorder who are younger than 22 years of age; new subsection (b) states local community agencies and organizations provide Focused Applied Behavior Analysis or other treatments through grant contracts with HHSC; and new subsection (c) states HHSC may operate the program only if the Texas Legislature appropriates funding for the program.
The proposed amendment to §358.105, Definitions, revises the definitions of “adjusted gross income,” “allowable deductions,” “child or children,” “contractor,” “cost share,” “dependent,” “direct services,” “family,” “interest list,” “parent,” “Texas resident,” “third party payer,” and “treatment plan” for clarity. The proposed amendment revises the definition of “applied behavior analysis” to add the acronym “ABA” so that the acronym can be used in the rules. The proposed amendment revises the definition of autism spectrum disorders to add the acronym “ASD” so that the acronym can be used in the rules; and to add a reference to the eligibility criteria for a documented diagnosis in proposed amended §358.307(a). The proposed amendment revises the definitions for “BCaBA,” “BCBA” and “BCBA-D,” to add the formal title for each acronym and a reference to the requirements in the Texas Occupations Code for each person who uses these titles. The proposed amendment revises the definition for “parent training” to clarify the meaning and remove requirements that have been added in proposed §358.11. The proposed amendment revises the definition for “qualified professional” to clarify who is trained to provide a neurodevelopmental disorder diagnosis. The proposed amendment revises the definition for “transition plan” to clarify the meaning of this term.
The proposed amendment also removes the definitions for “HHSC Comprehensive ABA services” and “HHSC Focused ABA services” and replaces them with a new definition for “Focused ABA services” to clarify the type of services provided by Children’s Autism Program contractors. The proposed amendment adds definitions for “physician” and “psychologist” to include their licensure requirements and because these terms are used in the proposed amended definition of “qualified professional.” The proposed amendment also adds a definition of “RBT–Registered Behavior Technician” and a definition of “staff member.”
Proposed new §358.107, Criminal Background Checks, describes the requirements for a contractor to conduct fingerprint-based criminal background checks on any employee, staff member, volunteer, or other person who will have direct contact with children and families who receive services. The proposed new rule replaces the requirements in 1 TAC §392.205, which HHSC is proposing to repeal.
Proposed new §358.109, Safety, requires a contractor to maintain an emergency evacuation plan, review it at least annually and after every use, obtain annual approval and signature from the program supervisor, and notify a family if any emergency happens with a child. The proposed new rule replaces the requirements in 1 TAC §392.207, which HHSC is proposing to repeal.
Proposing new 26 TAC §358.201, to establish staff qualifications for the Children’s Autism Program, including requirements for the program manager, direct services staff, BCBA or BCBA-D supervision, and annual training, replacing requirements in 1 TAC §392.203 proposed for repeal.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER B. STAFF REQUIREMENTS
26 TAC §358.201
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The proposal would also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
SECTION-BY-SECTION SUMMARY
Proposed new §358.201, Staff Requirements, provides qualifications for the BCBA or BCBA-D who acts as program manager, including at least one year of experience serving children diagnosed with ASD who are younger than 22 years old, a master’s or doctoral degree in psychology, behavior analysis, or a related field, documented graduate-level coursework in specific areas of behavior analysis, and knowledge of typical human development for individuals from age 1 to 22. The proposed new rule also requires that all staff involved in direct services hold a high school diploma and be at least 18 years old; that a BCBA or BCBA-D supervise all staff members with direct contact through direct observation at least once every two calendar weeks and ongoing data review at least twice per week; and that each staff member involved in direct services complete at least 40 hours of training annually developed and overseen by a BCBA or BCBA-D supervisor. The proposed new rule replaces the requirements in 1 TAC §392.203, Staff Qualifications, which HHSC is proposing to repeal.
Amending 26 TAC §§358.307, 358.309, 358.311, 358.313, and 358.315, and repealing 26 TAC §358.309, to expand program eligibility from children ages 3 through 15 to individuals younger than 22 years of age, reorganize enrollment and interest list requirements into a new §358.309, clarify service delivery and documentation requirements, update service hour and limit provisions, and update participation requirements for children and parents.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER C. FOCUSED ABA SERVICES
26 TAC §§358.307, 358.309, 358.311, 358.313, 358.315
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The proposal would also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
The proposal changes the program eligibility requirement based on age. This change aligns with the other program within the Children’s Autism and Blindness Services section, the Blind Children’s Program.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §358.307, Eligibility, changes eligibility based on age from three through 15 years old to younger than 22 years old. This change fills a significant gap in the availability of autism services for children and young adults.
The proposed repeal of §358.309, Enrollment, removes the rule to include its contents in proposed new §358.309, Enrollment and Interest List. This change is made for organizational purposes.
Proposed new §358.309, Enrollment and Interest List, contains the requirements for a contractor to enroll an eligible child and to maintain an interest list. The proposed new rule provides the basis for a child who leaves the program with unused service hours to receive priority over children on the interest list who have never received services.
The proposed amendment to §358.311, Services Provided, updates and clarifies the requirements for a contractor to develop a written treatment plan in new subsection (a). The proposed amendment organizes the requirements for a contractor to provide and document parent training in new subsections (b) – (d). The proposed amendment organizes the requirements for a contractor to evaluate progress; collect data; document coordination of services; develop and maintain a transition plan; and document all services provided to the child in new subsection (e). These changes make the rules easier to locate and follow. The proposed amendment renumbers the rules because of the changes in its organization.
The proposed amendment to §358.313, Amount of Services, replaces “length” with “amount” in the title and rule to clarify it is the amount of Focused ABA services, not the length of services that a contractor may provide to a child, that determines when the child reaches the limit of 720 total hours of services. The proposed amendment adjusts the requirements for usage of service hours. The proposed amendment updates when a child reaches a service limit by removing “has received 180 hours of services in a year” and updating the age of eligibility to 22 years of age. The proposed amendment removes subsection (f) because the content of the rule has been added to the proposed amendment to §358.309. The proposed amendment renumbers subsection (g) as subsection (f). The proposed amendment to renumbered subsection (f) makes changes to make it easier to read and understand.
The proposed amendment to §358.315, Participation Requirements, in subsection (a) clarifies the attendance requirement for a child during the year, the benefits of attendance, and states absences for any reason do not change the attendance requirement. The proposed amendment in subsection (b) expands the requirement for a parent to attend parent training sessions from a minimum of once every two weeks to at least two times each month. This change provides the opportunity to arrange the parent training schedule to meet the needs of the child and the child’s services. The proposed amendment removes subsection (c) because it is no longer required for a parent and the child to participate in pre-test and post-test protocols. The proposed amendment renumbers subsection (d) as subsection (c) and makes it easier to read and understand that a child may be removed from the program if the parent or child does not meet the participation requirements and that a contractor may allow an exception to these requirements if HHSC provides written approval.
Repealing 26 TAC §358.507 and §358.515, to remove rules on rights of children and parents and staff requirements from Subchapter E as those provisions are unnecessary or have been incorporated into other proposed rules.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER E. AUTISM PROGRAM RIGHTS
26 TAC §358.507, §358.515
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The proposal would also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §358.507, Rights of Children and Parents, removes content that is unnecessary because discrimination and retaliation are prohibited across HHS agencies.
The proposed repeal of §358.515, Staff Requirements, is needed because the content of the rule is in proposed new §358.201, Staff Requirements.
CHAPTER 358. CHILDREN’S AUTISM PROGRAM
SUBCHAPTER F. COST SHARE
26 TAC §§358.605, 358.607, 358.608, 358.609
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§358.101, 358.105, 358.307, 358.311, 358.313, 358.315, 358.605, 358.607 – 358.609; the repeal of §§358.309, 358.507, and 358.515; and new §§358.107, 358.109, 358.201, and 358.309.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update the Children’s Autism Program rules in Title 26 Texas Administrative Code (TAC) Chapter 358, including definitions and contractor qualifications. The proposal would also replace references to the former Texas Department of Assistive and Rehabilitative Services with HHSC.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §358.605, Cost Share, makes minor rule edits and updates a rule reference.
The proposed amendment to §358.607, HHSC Fee Schedule Amount, clarifies the requirement for the contractor to calculate the monthly fee that a family must pay for services of each eligible child. The proposed amendment changes “services” to “Focused ABA services” to be more specific. The proposed amendment removes obsolete references to §105.105.
The proposed amendment to §358.608, Insurance Payments, clarifies the requirement for a contractor to accept insurance payment as full payment. The proposed amendment also clarifies that the family’s cost share must be the lower amount between the HHSC fee schedule amount or the insurance deductible, copayment, or coinsurance.
The proposed amendment to §358.609, Payer of Last Resort, makes minor rule language edits to clarify the program standards for not using HHSC funds to provide payment for services until all other payment options have been used first.
Texas Department of Licensing and Regulation
Proposed Rules Re:
Repealing 16 TAC §130.28, to remove the advisory board training requirement for Podiatric Medical Examiners Advisory Board members, which became obsolete following the repeal of Texas Occupations Code §202.061 by Senate Bill 968 (89th Legislature).
CHAPTER 130. PODIATRIC PROGRAM
SUBCHAPTER B. ADVISORY BOARD
16 TAC §130.28
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes the repeal of the existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28 and at Subchapter D, §130.43, and amendments to the existing rules at Subchapter C, §§130.30 – 130.33, and Subchapter F, §130.60, regarding the Podiatric Medicine Program. These proposed changes are referred to as “proposed rules.”
BACKGROUND AND JUSTIFICATION
The rules under 16 TAC, Chapter 130, implement Texas Occupations Code, Chapter 202, Podiatrists.
The proposed rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025. This bill amended Occupations Code §202.259 to replace references to “temporary residency licenses” with “residency licenses” to more accurately describe current licensing practices. The proposed rules make corresponding changes to the terminology used in the program rules.
Additionally, SB 968 repealed Occupations Code §202.260, which provided for provisional licenses. The provision was obsolete because provisional licenses were no longer being issued in the podiatry program.
SB 968 also repealed Occupations Code §202.061, which required members of the Podiatric Medical Examiners Advisory Board to meet certain training requirements unique to the podiatry program. The repeal makes advisory board training requirements more uniform across the Department programs.
SECTION-BY-SECTION SUMMARY
The proposed rules repeal §130.28, Training. The section is repealed due to having become obsolete due to the repeal of Occupations Code §202.061.
Amending 16 TAC §§130.30, 130.31, 130.32, and 130.33, to implement Senate Bill 968 (89th Legislature) by replacing “temporary residency license” with “residency license” throughout the title and text of each section.
CHAPTER 130. PODIATRIC PROGRAM
SUBCHAPTER C. RESIDENCY AND OTHER LICENSE TYPES
16 TAC §§130.30, 130.31, 130.32, 130.33
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes the repeal of the existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28 and at Subchapter D, §130.43, and amendments to the existing rules at Subchapter C, §§130.30 – 130.33, and Subchapter F, §130.60, regarding the Podiatric Medicine Program.
BACKGROUND AND JUSTIFICATION
The proposed rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025. This bill amended Occupations Code §202.259 to replace references to “temporary residency licenses” with “residency licenses” to more accurately describe current licensing practices. The proposed rules make corresponding changes to the terminology used in the program rules.
SECTION-BY-SECTION SUMMARY
The proposed rules amend §130.30 by changing the title from “Temporary Residency License–General Requirements and Application” to “Residency License–General Requirements and Application.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a), (c), (d), (e), and (f).
The proposed rules amend §130.31 by changing the title from “Temporary Residency License–License Term; Residency Requirements; Program Responsibilities” to “Residency License–License Term; Residency Requirements; Program Responsibilities.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a), (b), and (c), and in paragraphs (b)(1), (b)(2), (d)(1) and (d)(2).
The proposed rules amend §130.32 by changing the title from “Temporary Residency License–Final Year of Residency” to “Residency License–Final Year of Residency.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a) and (b) and in paragraph (b)(3).
The proposed rules amend §130.33 by changing the title from “Temporary Residence License–Extensions” to “Residency License–Extensions.” The phrase “temporary residency license” is changed to “residency license” in the rule text of subsections (a), (b), (c), and (d).
Repealing 16 TAC §130.43, to remove the provisional license rule for the Doctor of Podiatric Medicine license, which became obsolete following the repeal of Texas Occupations Code §202.260 by Senate Bill 968 (89th Legislature).
CHAPTER 130. PODIATRIC PROGRAM
SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE
16 TAC §130.43
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes the repeal of the existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28 and at Subchapter D, §130.43, and amendments to the existing rules at Subchapter C, §§130.30 – 130.33, and Subchapter F, §130.60, regarding the Podiatric Medicine Program.
BACKGROUND AND JUSTIFICATION
The proposed rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025. SB 968 repealed Occupations Code §202.260, which provided for provisional licenses. The provision was obsolete because provisional licenses were no longer being issued in the podiatry program.
SECTION-BY-SECTION SUMMARY
The proposed rules repeal §130.43, Doctor of Podiatric Medicine License–Provisional License. The section is repealed due to having become obsolete due to the repeal of Occupations Code §202.260.
Amending 16 TAC §130.60, to implement Senate Bill 968 (89th Legislature) by removing the word “temporary” from the residency license fee entry, updating the residency license extension fee entry, and removing the provisional license fee.
CHAPTER 130. PODIATRIC PROGRAM
SUBCHAPTER F. FEES
16 TAC §130.60
OVERVIEW
The Texas Department of Licensing and Regulation (Department) proposes the repeal of the existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28 and at Subchapter D, §130.43, and amendments to the existing rules at Subchapter C, §§130.30 – 130.33, and Subchapter F, §130.60, regarding the Podiatric Medicine Program.
BACKGROUND AND JUSTIFICATION
The proposed rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025. This bill amended Occupations Code §202.259 to replace references to “temporary residency licenses” with “residency licenses” to more accurately describe current licensing practices. SB 968 also repealed Occupations Code §202.260, which provided for provisional licenses.
SECTION-BY-SECTION SUMMARY
The proposed rules amend §130.60, Fees. In paragraph (b)(1), the word “temporary” is removed from the phrase “Temporary Residency License.” In paragraph (b)(2), the word “Residency” is inserted, and “Extended Temporary” is removed. Paragraph (b)(3), concerning the fee for provisional licenses, is removed, and the paragraphs that follow are renumbered.
Department of Family and Protective Services
Proposed Rules Re:
Amending 40 TAC §702.501 and proposing new 40 TAC §702.517, to clarify that advisory committees are not governmental bodies under Chapter 551 while requiring open meetings compliance, and to establish the new Partners for Children and Families Committee (PCFC) as a replacement for the Committee on Advancing Residential Practices and the Public Private Partnership advisory committees.
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER F. ADVISORY COMMITTEES
40 TAC §702.501, §702.517
OVERVIEW
The Department of Family and Protective Services (DFPS) proposes to amend, repeal, and create new rules in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Department of Family Protective Services’ Advisory Committees.
BACKGROUND AND JUSTIFICATION
The new rule aims to establish a new advisory committee, Partners for Children and Families; 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.
SECTION-BY-SECTION SUMMARY
Amend §702.501 to clarify that while all advisory committee meetings must be announced and conducted in accordance with the open meeting provisions of Texas Government Code, Chapter 551, advisory committees are not governmental bodies as defined by Chapter 551.
Proposed new §702.517 establishes the new advisory committee Partners for Children and Families (PCFC) and its purpose, tasks, and membership requirements. The purpose of the PCFC is to strengthen the Texas child protection system and related systems of adult protection, and to study and make advisory recommendations to the department regarding the evolution of the child protection system to its model of Community-Based Care. The PCFC shall consist of a core committee of no more than 15 members appointed by the Commissioner, with membership including providers and provider associations, youth formerly in foster care, members of the legal system, child welfare advocacy groups, foster parents and kinship families, and other child welfare stakeholders. Four organizations have standing membership: Texas Alliance of Child & Family Services, Texas Network of Youth Services, Texas Supreme Court Children’s Commission, and Texas CASA. Members serve four-year terms and may be appointed for one additional term. The PCFC is abolished and this section expires August 31, 2036.
Repealing 40 TAC §702.507 and §702.509, to eliminate the Committee on Advancing Residential Practices (CARP) and the Public Private Partnership (PPP) advisory committees, which have been merged into the new Partners for Children and Families Committee proposed in §702.517.
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER F. ADVISORY COMMITTEES
40 TAC §702.507, §702.509
OVERVIEW
The Department of Family and Protective Services (DFPS) proposes to amend, repeal, and create new rules in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Department of Family Protective Services’ Advisory Committees.
BACKGROUND AND JUSTIFICATION
The new rule aims to establish a new advisory committee, Partners for Children and Families; 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.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §702.507 eliminates the Committee on Advancing Residential Practices (CARP) as it has been merged into the new committee, Partners for Children and Families proposed in rule §702.517.
The proposed repeal of §702.509 eliminates the Public Private Partnership (PPP) advisory committee as it has been merged into the new committee, Partners for Children and Families proposed in rule §702.517.
Texas Department of State Health Services
Adopted Rule Reviews Re:
Adopting Title 25, Part 1, concerning Oral Health Improvement Program.
The Texas Health and Human Services Commission (HHSC), in its own capacity and on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code (TAC):
Chapter 49, Oral Health Improvement Program
Notice of the review of this chapter was published in the February 27, 2026, issue of the Texas Register (51 TexReg 1313) for public comment.
The 31-day comment period ended March 30, 2026. During this period, DSHS did not receive any comments regarding the proposed rule review.
DSHS has reviewed Chapter 49 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist.
The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 49. Any amendments, if applicable, to Chapter 49 identified by DSHS in the rule review will be proposed in a future issue of the Texas Register.
In Addition Re:
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 51 Tex Reg 2980-81.
Texas Health and Human Services Commission
Adopted Rule Reviews Re:
Adopting Title 26, Part 1, concerning Substance Use Services.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 321, Substance Use Services
Notice of the review of this chapter was published in the February 27, 2026, issue of the Texas Register (51 TexReg 1314) for public comment.
The 31-day comment period ended March 30, 2026. During this period, HHSC did not receive any comments regarding the proposed rule review.
HHSC has reviewed Chapter 321 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist.
The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 321. Any amendments, if applicable, to Chapter 321 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
Adopting Title 26, Part 1, concerning Breast and Cervical Cancer Services.
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 371, Breast and Cervical Cancer Services
Notice of the review of this chapter was published in the February 27, 2026, issue of the Texas Register (51 TexReg 1314) for public comment.
The 31-day comment period ended March 30, 2026. During this period, HHSC did not receive any comments regarding the proposed rule review.
HHSC has reviewed Chapter 371 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist.
The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 371. Any amendments, if applicable, to Chapter 371 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
In Addition Re:
Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates
The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 26, 2026, at 9:00 a.m., to receive public comments on proposed updates to Calendar Fee Review, Quarterly HCPCS, and Special Review Updates. This hearing will be conducted as an in-person and online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following registration URL: https://attendee.gotowebinar.com/register/5703367378165398613. Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401, 1.402, 1.403 & 1.404 in the North Austin Complex located at 4601 W Guadalupe Street, Austin, Texas.
HHSC proposes updates to Medicaid payment rates effective January 1, 2026 for the Medical Transportation Program/Individual Transportation Participant and Indian Health Services; and effective September 1, 2026 for Calendar Fee Review topics including Cardiovascular System Surgery, Digestive System Surgery, Eye and Ocular Adnexa Surgery, G Codes, Physician Administered Drugs, Proton Therapy, Renal Dialysis Medication, Respiratory System Surgery, Urinary System Surgery, Vision Devices, and other fee schedule categories; Quarterly HCPCS Updates; and a Special Dental Review.
A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or before May 15, 2026. Written comments may be submitted until 5:00 p.m. on the day of the hearing to PFDAcuteCare@hhs.texas.gov or by mail to Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030.
