Texas Register May 29, 2026 Volume: 51 Number: 22

Texas Register Table of Contents

1 Texas Department of State Health Services
2 Texas Department of Insurance
- - 2.0.1 Proposed Rules Re:
    - 2.0.1.1 Amending 28 TAC §§3.3704 and 3.3707, to implement House Bill 3359, 88th Legislature, 2023, and Senate Bill 926, 89th Legislature, 2025, by adjusting and clarifying minimum network adequacy standards for preferred provider benefit plans and adding guidance on how plans may demonstrate good faith efforts and good cause in waiver requests.
  - 2.0.2 Withdrawn Rules Re:
    - 2.0.2.1 Withdrawing 28 TAC §§128.3 and 128.5 – 128.7, to withdraw proposed amendments to the calculation of average weekly wage under workers’ compensation.
3 Teacher Retirement System of Texas
- - 3.0.1 Proposed Rules Re:
    - 3.0.1.1 Amending 34 TAC §41.17, to offer a new limited-time enrollment opportunity for Medicare-eligible retirees, surviving spouses, surviving dependent children, and their dependents to enroll in the TRS-Care Medicare Advantage plan, beginning October 1, 2026 through March 31, 2028.
    - 3.0.1.2 Amending 34 TAC §41.38, to protect the fiscal health and stability of the TRS-ActiveCare trust fund by eliminating participants’ ability to voluntarily terminate their TRS-ActiveCare enrollment in the middle of the plan year without a qualifying special enrollment event.
4 Texas Board of Nursing
- - 4.0.1 Adopted Rules Re:
    - 4.0.1.1 New 22 TAC §217.8, to establish requirements for verifying that individuals seeking licensure to practice nursing in Texas are legally present and authorized to work in the United States in accordance with applicable federal law.
5 Texas Health and Human Services Commission
- - 5.0.1 Proposed Rule Reviews Re:
  - 5.0.2 Adopted Rule Reviews Re:
    - 5.0.2.1 Adopting Title 1, Part 15, concerning Disaster Assistance Program.
6 Texas Optometry Board
- - 6.0.1 Adopted Rule Reviews Re:
    - 6.0.1.1 Adopting Title 22, Part 14, concerning Practice and Procedure.
    - 6.0.1.2 Adopting Title 22, Part 14, concerning Interpretations.

Texas Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §229.420, to update federal reference citations for medical gases to align with new Good Manufacturing Practice requirements under 21 CFR Part 213 and 21 CFR Part 230.

CHAPTER 229. FOOD AND DRUG
SUBCHAPTER W. LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS–INCLUDING GOOD MANUFACTURING PRACTICES
25 TAC §229.420

BACKGROUND AND JUSTIFICATION

The proposed amendment to Title 25 of the Texas Administrative Code (TAC) Chapter 229, Subchapter W, relating to Licensing of Wholesale Distributors of Prescription Drugs–Including Good Manufacturing Practices (GMP) is required to continue adherence with applicable federal laws pertaining to medical gases. Specifically, the proposed amendment aligns the minimum standards in the current rule with new Medical Gases GMP requirements under 21 Code of Federal Regulations (CFR) Part 213 and 21 CFR Part 230, which are already in effect. The proposed amendment will adopt the new 21 CFR Part 213 and 21 CFR Part 230 in 25 TAC §229.420(a).

SECTION-BY-SECTION SUMMARY

The proposed amendment to §229.420 updates federal reference citations and updates numbering for consistency throughout this section.

Adopted Rules Re:

Repealing 25 TAC §228.221, to remove an outdated rule related to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts, superseded by new rules adopted under Texas Health and Safety Code Chapter 437B.

CHAPTER 228. RETAIL FOOD ESTABLISHMENTS
SUBCHAPTER H. REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS
25 TAC §228.221

BACKGROUND AND JUSTIFICATION

The repeal is necessary to remove an outdated rule related to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts. House Bill (HB) 2844, 89th Legislature, Regular Session, 2025, created Texas Health and Safety Code (HSC) Chapter 437B, concerning Mobile Food Vendors (MFVs). HB 2844 made significant changes to how MFVs are regulated, licensed, and inspected in Texas. New rules were proposed in Texas Administrative Code (TAC) Title 25, Chapter 226, concerning Mobile Food Vendors. The new rules were published in the May 15, 2026, issue of the Texas Register (51 TexReg 3374) and became effective May 19, 2026.

Adopting 25 TAC §229.372, to remove references to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts from permitting procedures as part of the implementation of House Bill 2844, 89th Legislature, Regular Session, 2025.

CHAPTER 229. FOOD AND DRUG
SUBCHAPTER U. PERMITTING RETAIL FOOD ESTABLISHMENTS
25 TAC §229.372

BACKGROUND AND JUSTIFICATION

The amendments are necessary to remove references to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts in 25 Texas Administrative Code (TAC) Chapter 229, Subchapters U and Z as part of the implementation of House Bill (HB) 2844, 89th Legislature, Regular Session, 2025. HB 2844 added Texas Health and Safety Code (HSC) Chapter 437B, concerning mobile food vendors and made significant changes to how mobile food vendors are regulated, licensed, and inspected in Texas. DSHS proposed new rules in 25 TAC Chapter 226, concerning Mobile Food Vendors. The new rules were published in the May 15, 2026, issue of the Texas Register (51 TexReg 3374) and became effective May 19, 2026. The adoption complies with statutory requirements of HB 2844 regarding licensing and fees and refers to the changes in the proposed new Chapter 226. The adoption also updates references in rules.

Adopting 25 TAC §229.472, to remove references to the regulation and permitting of mobile food units, roadside food vendors, and pushcarts from inspection fee procedures as part of the implementation of House Bill 2844, 89th Legislature, Regular Session, 2025.

CHAPTER 229. FOOD AND DRUG
SUBCHAPTER Z. INSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS
25 TAC §229.472

BACKGROUND AND JUSTIFICATION

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Laboratories.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 73, Laboratories

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 73, Laboratories, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 73” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published but may be found in Title 25, Part 1, of the Texas Administrative Code or on the Secretary of State’s website at State Rules and Open Meetings (www.sos.texas.gov).

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter concerning Texas Asbestos Health Protection.

Chapter 296, Texas Asbestos Health Protection

Comments on the review of Chapter 296, Texas Asbestos Health Protection, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov.

When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 296” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Adopted Rule Reviews Re:

Adopting Title 25, Part 1, concerning Food and Drug.

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 229, Food and Drug

Notice of the review of this chapter was published in the February 20, 2026, issue of the Texas Register (51 TexReg 1175). HHSC received no comments concerning this chapter.

HHSC has reviewed Chapter 229 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 rules in the chapter continue to exist and readopts Chapter 229 except for:

§229.88, Certificates of Competency
§229.89, Examination
§229.90, Certification and Renewal Fees
§229.91, Suspension, Denial, or Revocation of Certificate
§229.372, Permitting Fees and Procedures
§229.472, Inspection Fees and Procedures

The repeals identified by HHSC in the rule review and any amendments, if applicable, to Chapter 229 will be proposed in a future issue of the Texas Register.

This concludes HHSC’s review of 25 TAC Chapter 229 as required by Texas Government Code §2001.039.

Texas Department of Insurance

Proposed Rules Re:

Amending 28 TAC §§3.3704 and 3.3707, to implement House Bill 3359, 88th Legislature, 2023, and Senate Bill 926, 89th Legislature, 2025, by adjusting and clarifying minimum network adequacy standards for preferred provider benefit plans and adding guidance on how plans may demonstrate good faith efforts and good cause in waiver requests.

CHAPTER 3. LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
SUBCHAPTER X. PREFERRED AND EXCLUSIVE PROVIDER PLANS
DIVISION 1. GENERAL REQUIREMENTS
28 TAC §3.3704, §3.3707

OVERVIEW

The Texas Department of Insurance (TDI) proposes to amend 28 TAC §3.3704 and §3.3707, concerning network adequacy requirements and other requirements for preferred and exclusive provider benefit plans. The amendments implement House Bill 3359, 88th Legislature, 2023, and Senate Bill 926, 89th Legislature, 2025, and address issues raised in Texas Ass’n of Health Plans v. Texas Dept. of Insurance, Travis County District Court No. D-1-GN-26-000178 (TAHP Lawsuit).

BACKGROUND AND JUSTIFICATION

In April 2024, TDI adopted rules (2024 Rules) that implemented HB 3359 by amending multiple sections in Subchapter X of 28 TAC Chapter 3, including §3.3704 and §3.3707. HB 3359 provided extensive new network adequacy standards and expanded the requirements for waivers for a deviation from those standards. The 2024 Rules amended §3.3704 to align with HB 3359 and clarify that preferred provider plans must comply with the new standards, provide sufficient choice and number of providers, monitor compliance, report material deviations to TDI, and promptly take corrective action. Amendments also deleted the previous network adequacy standards, consistent with the changes to statute in HB 3359.

The 2024 Rules also amended §3.3707 to (1) update the requirements for granting a waiver from network adequacy standards, subject to statutory limits; (2) require that a waiver request include certain information, including information demonstrating a good faith effort to contract and describing any exclusivity arrangements or other external factors impacting the ability of the parties to contract; and (3) clarify the commissioner’s consideration of an access plan for waiver requests.

On January 9, 2026, the Texas Association of Health Plans (TAHP) filed the TAHP Lawsuit, which alleges that TDI engaged in ad hoc rulemaking in its implementation of HB 3359’s waiver and sufficient access requirements and that certain 2024 Rules are contrary to the bill. In its petition to the court, TAHP stated that its members require additional guidance from TDI to comply with applicable regulations. Based on TAHP’s claims and TDI’s experience with network filings and waiver requests submitted since the adoption of the 2024 Rules, TDI has determined that additional rule amendments are necessary to implement HB 3359 in order to provide further guidance to health plans and adjust certain network requirements.

Accordingly, TDI proposes to amend §3.3704 to adjust and clarify minimum access standards. Amendments to §3.3704 are also necessary to implement SB 926, which expands provisions related to health plans that use steering or tiering to encourage enrollees to use certain network physicians and providers. TDI also proposes to amend §3.3707 to add guidance on how plans may demonstrate “good faith efforts” and “good cause” in waiver requests. TDI declines to define “good faith efforts” because the term is already defined in Insurance Code §1301.00565(a). In addition, form updates are needed to align the forms for network filings with the proposed rule amendments.

Withdrawn Rules Re:

Withdrawing 28 TAC §§128.3 and 128.5 – 128.7, to withdraw proposed amendments to the calculation of average weekly wage under workers’ compensation.

CHAPTER 128. BENEFITS–CALCULATION OF AVERAGE WEEKLY WAGE
28 TAC §§128.3, 128.5 – 128.7

OVERVIEW

The Texas Department of Insurance, Division of Workers’ Compensation withdraws proposed amendments to §§128.3 and 128.5 – 128.7 which appeared in the November 14, 2025, issue of the Texas Register (50 TexReg 7404).

Teacher Retirement System of Texas

Proposed Rules Re:

Amending 34 TAC §41.17, to offer a new limited-time enrollment opportunity for Medicare-eligible retirees, surviving spouses, surviving dependent children, and their dependents to enroll in the TRS-Care Medicare Advantage plan, beginning October 1, 2026 through March 31, 2028.

CHAPTER 41. HEALTH CARE AND INSURANCE PROGRAMS
SUBCHAPTER A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)
34 TAC §41.17

BACKGROUND AND JUSTIFICATION

In 2024, the trust fund of the Texas Public School Retired Employees Group Benefits Program (“TRS-Care”), administered under Chapter 1575 of the Insurance Code, experienced growth stemming from federal changes to Medicare, TRS’ improved contracts with Medicare Advantage and Part D drug benefits, and other factors. TRS received correspondence from legislative leadership directing TRS to use the growth in the TRS-Care fund to reduce premiums and allow for a one-time enrollment opportunity for eligible TRS-Care Medicare Advantage (TRS-Care MA) participants. Considering the legislators’ request, TRS reduced the premiums of the TRS-Care MA plan for the 2025 plan year and enacted Rule 41.17.

Rule 41.17 offered a limited-time enrollment opportunity for Medicare-eligible retirees and their eligible dependents, surviving spouses, and surviving dependent children. The rule provided these individuals with an opportunity to take advantage of the reduced premiums under the TRS-Care MA plan. Rule 41.17 addressed the duration of the limited-time enrollment opportunity, eligibility and effective dates of coverage. This limited-time enrollment opportunity began on Oct. 1, 2024, and ended on March 31, 2026.

The TRS-Care trust fund continues to experience significant positive growth, which allows TRS to maintain the lower TRS-Care MA plan premiums. Therefore, TRS proposes offering another limited-time enrollment opportunity for the 2027 TRS-Care MA plan year by proposing to amend Rule 41.17 to offer a limited-time enrollment opportunity that will begin on Oct. 1, 2026, and end on March 31, 2028. The proposed amendments will change the original dates written in the rule to the new enrollment opportunity dates. The proposed amendment also makes a nonsubstantive change to correct a typographical spacing error in the existing rule language. These will be the only changes made.

Amending 34 TAC §41.38, to protect the fiscal health and stability of the TRS-ActiveCare trust fund by eliminating participants’ ability to voluntarily terminate their TRS-ActiveCare enrollment in the middle of the plan year without a qualifying special enrollment event.

CHAPTER 41. HEALTH CARE AND INSURANCE PROGRAMS
SUBCHAPTER C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)
34 TAC §41.38

BACKGROUND AND JUSTIFICATION

TRS proposes to delete §41.38(a)(7) to eliminate participants’ ability to voluntarily terminate their TRS-ActiveCare enrollment in the middle of the plan year. This change addresses the instability to the TRS-ActiveCare trust fund that this conduct creates, including disruptions to premium collection, rate setting, increased risk of adverse selection, and administrative burden. As trustee of the program, TRS is proposing this amendment to protect the fiscal health and stability of the trust fund, which in turn serves the best interests of all plan participants. The following factors support this proposal.

First, allowing a participant to leave TRS-ActiveCare mid-year is inconsistent with industry standards. Typically, individuals enrolled in a health plan are required to remain enrolled until the end of that plan year, absent a qualifying mid-year life event that, under HIPAA regulations, require health plans to permit enrollment changes, such as termination of employment, reduction in work hours, death, divorce, marriage, or the birth or adoption of a child.

Second, allowing TRS-ActiveCare enrollees to voluntarily drop coverage throughout the year adversely affects rate calculation and premium collection. For example, participants that drop coverage after high-cost services are received no longer contribute to the risk pool placing upward pressure on the remaining participants’ premiums to cover those expenses. As another example, healthier participants that end their coverage as a way of managing mid-plan-year financial constraints shift claim burdens to higher-cost participants and drive premium increases in subsequent plan years.

Also, allowing individuals to leave the TRS-ActiveCare program in the middle of the plan year increases the administrative burden of managing the program driving up administrative costs.

Therefore, TRS proposes to remove §41.38(a)(7) from §41.38 and renumber the rest of the rule accordingly. It is TRS’ fiduciary duty to administer the program in a fiscally responsible manner and to safeguard the TRS-ActiveCare trust fund from the adverse selection and administrative burden resulting from voluntary mid-year enrollment drops. Protecting the trust fund helps maintain stable rates and premiums and supports the interests of all members and dependents who participate in the plan.

Texas Board of Nursing

Adopted Rules Re:

New 22 TAC §217.8, to establish requirements for verifying that individuals seeking licensure to practice nursing in Texas are legally present and authorized to work in the United States in accordance with applicable federal law.

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

OVERVIEW

The Texas Board of Nursing (Board) adopts new 22 Texas Administrative Code §217.8, relating to Verification of Legal Presence and License Eligibility, without changes to the proposed text as published in the January 23, 2026 edition of the Texas Register (51 TexReg 399). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new section is necessary to clarify the process by which the Board ensures compliance with federal requirements governing eligibility for nursing licensure in Texas. Under 8 U.S.C. §1621, individuals who are not lawfully present in the United States are generally ineligible to receive certain state and local public benefits, including professional licenses. The adopted rule establishes a process for verifying that individuals seeking licensure to practice nursing in Texas are legally present and authorized to work in the United States in accordance with applicable federal law.

While the adopted rule permits an applicant to seek a preliminary determination of eligibility for licensure before final verification of legal presence, the rule requires applicants to submit documentation sufficient for the Board to verify legal presence before a license may be issued or renewed.

SECTION-BY-SECTION SUMMARY

Adopted new §217.8 establishes requirements relating to verification of legal presence and employment authorization for applicants.

Subsection (a) identifies the forms of documentation the Board may accept to verify that an individual is legally present in the United States before a nursing license may be issued or renewed. The subsection includes various forms of state and federal identification and immigration documentation that may be used to establish legal presence and employment authorization.

Subsection (b) establishes a process allowing the Board to review an application and issue a preliminary certification of eligibility for licensure before final verification of legal presence has been completed. The subsection clarifies that the Board may complete other aspects of the application review process, including examinations and eligibility determinations, prior to receipt of final documentation establishing legal presence in the United States. The subsection further provides that a license or license renewal may not be issued until the Board has verified that the applicant possesses documentation sufficient to establish legal presence in the United States under federal law.

Texas Health and Human Services Commission

Proposed Rule Reviews Re:

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Ombudsman Services.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):

Chapter 87, Ombudsman Services

Comments on the review of Chapter 87, Ombudsman Services, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 87” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State’s website at State Rules and Open Meetings (www.sos.texas.gov).

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Competitive and Integrated Employment Initiative for Certain Medicaid Recipients.

Chapter 284, Competitive and Integrated Employment Initiative for Certain Medicaid Recipients

Comments on the review of Chapter 284, Competitive and Integrated Employment Initiative for Certain Medicaid Recipients, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 284” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Early Childhood Intervention Services.

Chapter 350, Early Childhood Intervention Services

Comments on the review of Chapter 350, Early Childhood Intervention Services, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 350” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning County Indigent Health Care Program.

Chapter 363, County Indigent Health Care Program

Comments on the review of Chapter 363, County Indigent Health Care Program, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 363” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Mental Health Early Intervention and Treatment Grant.

Chapter 374, Mental Health Early Intervention and Treatment Grant

Comments on the review of Chapter 374, Mental Health Early Intervention and Treatment Grant, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 374” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions.

Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions

Comments on the review of Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 551” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning Licensing Standards for Assisted Living Facilities.

Chapter 553, Licensing Standards for Assisted Living Facilities

Comments on the review of Chapter 553, Licensing Standards for Assisted Living Facilities, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to hhsrulescoordinationoffice@hhs.texas.gov. When emailing comments, please indicate “Comments on Proposed Rule Review Chapter 553” in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

Adopted Rule Reviews Re:

Adopting Title 1, Part 15, concerning Disaster Assistance Program.

The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):

Chapter 386, Disaster Assistance Program

Notice of the review of this chapter was published in the March 27, 2026, issue of the Texas Register (51 TexReg 2073) for public comment.

The 31-day comment period ended April 27, 2026. During this period, HHSC did not receive any comments regarding the proposed rule review.

HHSC has reviewed Chapter 386 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 386. Any amendments, if applicable, to Chapter 386 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.

Texas Optometry Board

Adopted Rule Reviews Re:

Adopting Title 22, Part 14, concerning Practice and Procedure.

The Texas Optometry Board (Board) has concluded the statutory review of 22 Texas Administrative Code, Part 14, Chapter 277 Practice and Procedure conducted in accordance with the requirements of Texas Government Code §2001.039. The Board’s intent to review these chapters was published in the March 6, 2026, issue of the Texas Register (51 TexReg 1429). One comment regarding Chapter 277 was received regarding the Board’s notice of review. The Board will propose amendments to Rule 277.7 in response to that comment.

The Board’s review assessed and determined that the original reasons and justifications for adopting each rule in Chapter 277 continue to exist, reflect current legal and policy considerations, and the rules are within the agency’s legal authority as certified by legal counsel. The Board readopts this chapter pursuant to the requirements of Texas Government Code.

Any revisions to these chapters identified by the Board during the rule review will be proposed in a future issue of the Texas Register.

Adopting Title 22, Part 14, concerning Interpretations.

The Texas Optometry Board (Board) has concluded the statutory review of 22 Texas Administrative Code, Part 14, Chapter 279 – Interpretations conducted in accordance with the requirements of Texas Government Code §2001.039. The Board’s intent to review these chapters was published in the March 6, 2026, issue of the Texas Register (51 TexReg 1429). Several comments were received regarding the Board’s notice of review. Those comments will be addressed when the Board proposes amendments to the rules.

The Board’s review assessed and determined that the original reasons and justifications for adopting each rule in Chapter 279 continue to exist, reflect current legal and policy considerations, and the rules are within the agency’s legal authority as certified by legal counsel. The Board readopts this chapter pursuant to the requirements of Texas Government Code.

Any revisions to these chapters identified by the Board during the rule review will be proposed in a future issue of the Texas Register.