17 Oct 2025

Texas Register October 17, 2025 Volume: 50 Number: 42

by | posted in: Department of Aging and Disability Services, Governor, Texas Department of Assistive and Rehabilitative Services, Texas Department of State Health Services, Texas Health and Human Services Commission, Uncategorized |

Texas Register Table of Contents

Governor

Appointments Re:

Appointed to the Texas State Board of Pharmacy for a term to expire August 31, 2031, Stacy S. Hightower.
Appointed to the Texas State Board of Pharmacy for a term to expire August 31, 2031, Donald G. “Donnie” Lewis.
Appointed to the Texas State Board of Pharmacy for a term to expire August 31, 2031, Donna R. Montemayor.
Appointed to the Texas State Board of Pharmacy for a term to expire August 31, 2031, Richard A. “Rich” Tisch.
Appointed as presiding officer of the State Board of Dental Examiners for a term to expire at the pleasure of the Governor, Bryan N. Henderson, II, D.D.S.
Appointed to the State Board of Dental Examiners for a term to expire February 1, 2031, Janessa M. Bock.
Appointed to the State Board of Dental Examiners for a term to expire February 1, 2031, Linda T. Burke.
Appointed to the State Board of Dental Examiners for a term to expire February 1, 2031, Lisa B. Masters, D.D.S.

Texas Department of State Health Services

Emergency Rules Re:

Adopting on an emergency basis 25 TAC §300.101, to add a definition for “minor.”

CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC §300.101

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 300, Manufacture, Distribution, and Retail Sale of Consumable Hemp Products, an amendment to §300.101 and new §300.701 and §300.702, concerning emergency rules in response to Executive Order GA-56 in order to prohibit the sale of consumable hemp products to children under the age of 21. As authorized by Texas Government Code §2001.034, the executive commissioner may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

BACKGROUND AND JUSTIFICATION

The purpose of the emergency rulemaking is to implement the Governor’s Executive Order GA-56. In this Executive Order, the Governor directed DSHS to immediately establish rules prohibiting the sale of hemp-derived products to children under the age of 21 and requiring verification of the purchaser’s age with government issued identification.

Pursuant to Government Code §2001.034 and §2001.036(a)(2), the amendment and new sections are adopted on an emergency basis and with an expedited effective date because an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice.

Consumable products derived from the cannabis plant, whether classified as marijuana or hemp, contain substances called cannabinoids, “which are known to exhibit a range of psychological and physiological effects.” Congressional Research Service, R44742, Defining Hemp: A Fact Sheet, p.6 (March 22, 2019) (citing Clarke and Merlin, Cannabis: Evolution and Ethnobotany, p.255). Studies indicate these effects can be harmful for underdeveloped brains possessed by adolescents, with possible protracted effects on a young user’s neural systems. See Yasmin L. Hurd et al., Cannabis and the Developing Brain: Insights Into Its Long-Lasting Effects, 39 J. NEUROSCIENCE 8250 (2019).

Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive cannabinoid found in many of the consumable hemp products (CHPs) sold in Texas. CHPs with delta-8 THC have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) for safe use by minors. See FDA Consumer Update (May 4, 2022), available at https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc.

The harms associated with cannabis/THC use by minors are well documented:

“THC use, particularly among youth, is associated with an increased risk of psychosis, suicide attempts, and self-harm, with risks heightened in individuals with co-occurring mental health conditions such as depression.” Testimony by Lindy McGee, MD, on behalf of the Texas Medical Association and Texas Pediatric Society, before the Senate State Affairs Committee (July 22, 2025), (citing Cannabis Use Disorder, Suicide Attempts, and Self-Harm Among Adolescents: A national inpatient study across the United States, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC10581466/ and When Cannabis Use Goes Wrong: Mental Health Side Effects of Cannabis Use That Present to Emergency Services, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC7917124/).

“The association between cannabis and schizophrenia is stronger in people who start using cannabis at an earlier age and use cannabis more frequently.” Centers for Disease Control and Prevention, Cannabis and Teens Webpage (February 15, 2024).

“The teen brain is actively developing and continues to develop until around age 25. Cannabis use during adolescence and young adulthood may harm the developing brain.” Id. (citing National Academies of Sciences Engineering and Medicine. The health effects of cannabis and cannabinoids: Current state of evidence and recommendations for research. Washington, DC: The National Academies Press (2017) and Batalla A, Bhattacharyya S, Yücel M, et al. Structural and functional imaging studies in chronic cannabis users: a systematic review of adolescent and adult findings. Plos One (2013)).

“Compared with teens who do not use cannabis, teens who use cannabis are more likely to quit high school or not get a college degree.” Id.

DSHS accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these rules.

To protect minors and the public health, safety, and welfare of the state, the executive commissioner is adopting emergency rules. The adoption amends §300.101 to add a definition for “minor” and adds §§300.701-702 to prohibit the sale of CHPs to minors.

Adopting on an emergency basis 25 TAC §300.701, §300.702, to prohibit the sale of CHPs to minors.

CHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS
SUBCHAPTER G. RESTRICTIONS OF CONSUMABLE HEMP PRODUCT SALES 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), adopts on an emergency basis in Title 25 Texas Administrative Code, Chapter 300, Manufacture, Distribution, and Retail Sale of Consumable Hemp Products, an amendment to §300.101 and new §300.701 and §300.702, concerning emergency rules in response to Executive Order GA-56 in order to prohibit the sale of consumable hemp products to children under the age of 21. As authorized by Texas Government Code §2001.034, the executive commissioner may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.

BACKGROUND AND JUSTIFICATION

The purpose of the emergency rulemaking is to implement the Governor’s Executive Order GA-56. In this Executive Order, the Governor directed DSHS to immediately establish rules prohibiting the sale of hemp-derived products to children under the age of 21 and requiring verification of the purchaser’s age with government issued identification.

Pursuant to Government Code §2001.034 and §2001.036(a)(2), the amendment and new sections are adopted on an emergency basis and with an expedited effective date because an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice.

Consumable products derived from the cannabis plant, whether classified as marijuana or hemp, contain substances called cannabinoids, “which are known to exhibit a range of psychological and physiological effects.” Congressional Research Service, R44742, Defining Hemp: A Fact Sheet, p.6 (March 22, 2019) (citing Clarke and Merlin, Cannabis: Evolution and Ethnobotany, p.255). Studies indicate these effects can be harmful for underdeveloped brains possessed by adolescents, with possible protracted effects on a young user’s neural systems. See Yasmin L. Hurd et al., Cannabis and the Developing Brain: Insights Into Its Long-Lasting Effects, 39 J. NEUROSCIENCE 8250 (2019).

Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive cannabinoid found in many of the consumable hemp products (CHPs) sold in Texas. CHPs with delta-8 THC have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) for safe use by minors. See FDA Consumer Update (May 4, 2022), available at https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc.

The harms associated with cannabis/THC use by minors are well documented:

“THC use, particularly among youth, is associated with an increased risk of psychosis, suicide attempts, and self-harm, with risks heightened in individuals with co-occurring mental health conditions such as depression.” Testimony by Lindy McGee, MD, on behalf of the Texas Medical Association and Texas Pediatric Society, before the Senate State Affairs Committee (July 22, 2025), (citing Cannabis Use Disorder, Suicide Attempts, and Self-Harm Among Adolescents: A national inpatient study across the United States, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC10581466/ and When Cannabis Use Goes Wrong: Mental Health Side Effects of Cannabis Use That Present to Emergency Services, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC7917124/).

“The association between cannabis and schizophrenia is stronger in people who start using cannabis at an earlier age and use cannabis more frequently.” Centers for Disease Control and Prevention, Cannabis and Teens Webpage (February 15, 2024).

“The teen brain is actively developing and continues to develop until around age 25. Cannabis use during adolescence and young adulthood may harm the developing brain.” Id. (citing National Academies of Sciences Engineering and Medicine. The health effects of cannabis and cannabinoids: Current state of evidence and recommendations for research. Washington, DC: The National Academies Press (2017) and Batalla A, Bhattacharyya S, Yücel M, et al. Structural and functional imaging studies in chronic cannabis users: a systematic review of adolescent and adult findings. Plos One (2013)).

“Compared with teens who do not use cannabis, teens who use cannabis are more likely to quit high school or not get a college degree.” Id.

DSHS accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these rules.

To protect minors and the public health, safety, and welfare of the state, the executive commissioner is adopting emergency rules. The adoption amends §300.101 to add a definition for “minor” and adds §§300.701-702 to prohibit the sale of CHPs to minors.

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 50 Tex Reg 6909

Department of Aging and Disability Services

Transferred Rules Re:

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Subchapter D, Title 7, Subtitle D, and Chapter 9, Subchapter B, to Texas Administrative Code, Title 26, Part 1, Chapter 100, Subchapter N, and Subchapter O.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). The Department of Aging and Disability Services (DADS) was abolished September 1, 2017, after all its functions were transferred to HHSC. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter D, Administrative Hearings Under Texas Health and Safety Code, Title 7, Subtitle D, and Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, Subchapter B, Adverse Actions, are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 100, Appeals and Hearings, Subchapter N, Hearings for Individuals Seeking or Receiving Intellectual Disability Services, and Subchapter O, Adverse Actions Pertaining to Intellectual Disability Services.

Texas Health and Human Services Commission

Transferred Rules Re:

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Subchapter D, Title 7, Subtitle D, and Chapter 9, Subchapter B, to Texas Administrative Code, Title 26, Part 1, Chapter 100, Subchapter N, and Subchapter O.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished and their functions transferred to the Texas Health and Human Services Commission (HHSC). The Department of Aging and Disability Services (DADS) was abolished September 1, 2017, after all its functions were transferred to HHSC. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter D, Administrative Hearings Under Texas Health and Safety Code, Title 7, Subtitle D, and Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, Subchapter B, Adverse Actions, are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 100, Appeals and Hearings, Subchapter N, Hearings for Individuals Seeking or Receiving Intellectual Disability Services, and Subchapter O, Adverse Actions Pertaining to Intellectual Disability Services.

Transferring the former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Subchapter E, to Title 26, Part 1, Chapter 100, Subchapter P.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). The Department of Assistive and Rehabilitative Services (DARS) was abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services. The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter E, Appeals and Hearing Procedures, are being transferred to Title 26, Part 1, Chapter 100, Appeals and Hearings, Subchapter P, Appeals and Hearing Procedures.

Texas Department of Assistive and Rehabilitative Services

Transferred Rules Re:

Transferring the former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Subchapter E, to Title 26, Part 1, Chapter 100, Subchapter P.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). The Department of Assistive and Rehabilitative Services (DARS) was abolished September 1, 2017, after all its functions were transferred to HHSC or the Department of Family and Protective Services. The former DARS rules in Texas Administrative Code (TAC), Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter E, Appeals and Hearing Procedures, are being transferred to Title 26, Part 1, Chapter 100, Appeals and Hearings, Subchapter P, Appeals and Hearing Procedures.