Texas Health and Human Services Commission
Proposed Rules Re:
Repealing 1 TAC §351.817 and §351.833, to remove obsolete rules for two discontinued HHSC advisory committees.
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
1 TAC §351.817, §351.833
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §351.817, concerning Texas Council on Consumer Direction; and §351.833, concerning STAR Kids Managed Care Advisory Committee.
BACKGROUND AND JUSTIFICATION
The proposed repeals remove rules in the Texas Administrative Code (TAC) that established the Texas Council on Consumer Direction (TCCD) and the STAR Kids Managed Care Advisory Committee (SKMCAC). In accordance with program rules, TCCD was abolished on July 31, 2024, and SKMCAC was abolished on December 31, 2023.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §351.817 removes an obsolete rule as the content of the rule expired July 31, 2024.
The proposed repeal of §351.833 removes an obsolete rule as the content of the rule expired on December 31, 2023.
Repealing 1 TAC Chapter 353, Subchapter L (§§353.1101, 353.1103, 353.1105, 353.1107, 353.1109, 353.1111, 353.1113, 353.1115), to remove obsolete rules for the discontinued Texas Dual Eligibles Integrated Care Demonstration Project.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER L. TEXAS DUAL ELIGIBLES INTEGRATED CARE DEMONSTRATION PROJECT
1 TAC §§353.1101, 353.1103, 353.1105, 353.1107, 353.1109, 353.1111, 353.1113, 353.1115
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Subchapter L, Texas Dual Eligibles Integrated Care Demonstration Project, consisting of §353.1101, concerning Purpose; §353.1103, concerning General Provisions; §353.1105, concerning Eligibility; §353.1107, concerning Member Enrollment and Disenrollment; §353.1109, concerning Participating Providers; §353.1111, concerning Benefits; §353.1113, concerning Appeals and Fair Hearings; and §353.1115, concerning Network Adequacy for Certain Service Providers. The executive commissioner of HHSC also proposes the repeal of §353.1303, concerning Quality Incentive Payment Program for Nursing Facilities before September 1, 2019, in Subchapter O, Delivery System and Provider Payment Initiatives.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to repeal rules related to the Texas Dual Eligibles Integrated Care Demonstration Project (Dual Demonstration) and the Quality Incentive Payment Program for Nursing Facilities (QIPP) before September 1, 2019.
In accordance with the Centers for Medicare & Medicaid Services Contract Year 2023 Medicare Advantage and Part D Final Rule, HHSC ended the Dual Demonstration on December 31, 2025, and implemented integrated Dual Eligible Special Needs Plans on January 1, 2026. Additionally, the QIPP rule expired September 1, 2019.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§353.1101, 353.1103, 353.1105, 353.1107, 353.1109, 353.1111, 353.1113, and 353.1115 removes obsolete rules for the Dual Demonstration.
The proposed repeal of §353.1303 removes an obsolete rule that applied to QIPP before September 1, 2019.
Repealing 1 TAC §353.1303, to remove an obsolete rule for the Quality Incentive Payment Program for Nursing Facilities that expired before September 1, 2019.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES
1 TAC §353.1303
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Subchapter L, Texas Dual Eligibles Integrated Care Demonstration Project, consisting of §353.1101, concerning Purpose; §353.1103, concerning General Provisions; §353.1105, concerning Eligibility; §353.1107, concerning Member Enrollment and Disenrollment; §353.1109, concerning Participating Providers; §353.1111, concerning Benefits; §353.1113, concerning Appeals and Fair Hearings; and §353.1115, concerning Network Adequacy for Certain Service Providers. The executive commissioner of HHSC also proposes the repeal of §353.1303, concerning Quality Incentive Payment Program for Nursing Facilities before September 1, 2019, in Subchapter O, Delivery System and Provider Payment Initiatives.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to repeal rules related to the Texas Dual Eligibles Integrated Care Demonstration Project (Dual Demonstration) and the Quality Incentive Payment Program for Nursing Facilities (QIPP) before September 1, 2019.
In accordance with the Centers for Medicare & Medicaid Services Contract Year 2023 Medicare Advantage and Part D Final Rule, HHSC ended the Dual Demonstration on December 31, 2025, and implemented integrated Dual Eligible Special Needs Plans on January 1, 2026. Additionally, the QIPP rule expired September 1, 2019.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§353.1101, 353.1103, 353.1105, 353.1107, 353.1109, 353.1111, 353.1113, and 353.1115 removes obsolete rules for the Dual Demonstration.
The proposed repeal of §353.1303 removes an obsolete rule that applied to QIPP before September 1, 2019.
Repealing 1 TAC §354.1351, to remove an obsolete rule for the completed Coordinated Care Pilot Project.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
1 TAC §354.1351
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Division 26, Coordinated Care, consisting of §354.1351, concerning Coordinated Care Pilot Project; and the repeal of Division 32, Texas Medicaid Wellness Program, consisting of §354.1415, concerning Vendor Requirements and Conditions for Participation; §354.1416, concerning Eligibility Criteria; and §354.1417, concerning Definitions for Wellness Services.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to repeal rules that established the Coordinated Care Pilot Project and the Texas Medicaid Wellness Program (TMWP).
HHSC completed the Coordinated Care Pilot Project on December 1, 1995. The TMWP, a Medicaid waiver program, ended on September 1, 2017, following implementation and expansion of managed care.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §354.1351 removes an obsolete rule for the Coordinated Care Pilot Project.
The proposed repeal of §§354.1415 – 354.1417 removes obsolete rules for the TMWP.
Repealing 1 TAC §§354.1415 – 354.1417, to remove obsolete rules for the discontinued Texas Medicaid Wellness Program.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
1 TAC §§354.1415 – 354.1417
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Division 26, Coordinated Care, consisting of §354.1351, concerning Coordinated Care Pilot Project; and the repeal of Division 32, Texas Medicaid Wellness Program, consisting of §354.1415, concerning Vendor Requirements and Conditions for Participation; §354.1416, concerning Eligibility Criteria; and §354.1417, concerning Definitions for Wellness Services.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to repeal rules that established the Coordinated Care Pilot Project and the Texas Medicaid Wellness Program (TMWP).
HHSC completed the Coordinated Care Pilot Project on December 1, 1995. The TMWP, a Medicaid waiver program, ended on September 1, 2017, following implementation and expansion of managed care.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §354.1351 removes an obsolete rule for the Coordinated Care Pilot Project.
The proposed repeal of §§354.1415 – 354.1417 removes obsolete rules for the TMWP.
Amending 26 TAC §260.151, to require DBMD program providers to comply with the HHSC DBMD Program Manual and update citations transferred from Title 40 to Title 26.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER C. PROGRAM PROVIDER COMPLIANCE
26 TAC §260.151
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §260.151, concerning Program Provider Compliance with Rules.
BACKGROUND AND JUSTIFICATION
The purpose of the proposed amendment is to update citations to sections of the Texas Administrative Code (TAC) that have been transferred from Title 40 to Title 26 and to codify the existing contractual requirement for providers of the Deaf Blind with Multiple Disabilities (DBMD) §1915 (c) waiver program services to comply with the HHSC DBMD Program Manual posted on the HHSC website. Currently, HHSC requires that contracted DBMD program providers comply with all applicable federal and Texas state statutes, rules, and documents promulgated by HHSC, including provider manuals.
The proposal codifies the requirement in HHSC’s contracts with DBMD program providers to comply with the DBMD Program Manual and updates TAC citations to align with the transfer of rules from Title 40 to Title 26.
SECTION-BY-SECTION SUMMARY
The proposed amendment to Subchapter C changes the name of the subchapter to Program Provider Compliance.
The proposed amendment to §260.151 adds that DBMD program providers must comply with the HHSC DBMD Program Manual and corrects outdated TAC citations. These revisions codify the requirement in HHSC’s contracts with DBMD program providers to comply with the DBMD Program Manual and it also updates TAC citations to align with the transfer of rules from Title 40 to Title 26.
Amending 26 TAC §§306.173, 306.174, and 306.176, to update emergency detention admission criteria at state hospitals and facilities with contracted psychiatric beds following SB 1164 and HB 16 (89th Legislature).
CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, DISCHARGE, AND CONTINUITY OF CARE
26 TAC §§306.173, 306.174, 306.176
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §306.173, concerning Admission Criteria for an Adolescent Forensic Unit; §306.174, concerning Admission Criteria for Waco Center for Youth; §306.176, concerning Admission Criteria for a State Hospital or a Facility with a Contracted Psychiatric Bed for Emergency Detention; and §306.221, concerning Screening and Intake Assessment Training Requirements at a State Hospital and a Facility with a Contracted Psychiatric Bed.
BACKGROUND AND JUSTIFICATION
The proposal is in response to Senate Bill (SB) 1164, 89th Legislature, Regular Session, 2025, which amended Texas Health and Safety Code §573.001(a) and §573.022. SB 1164 expanded the grounds for emergency detention and temporary and extended inpatient court-ordered services.
House Bill (HB) 16, 89th Legislature, 2nd Called Session, 2025, repealed the provisions in SB 1164 that expanded the grounds for temporary or extended inpatient court-ordered services but did not repeal the provisions related to emergency detention.
The proposed amendments update grounds for emergency detention and make non-substantive changes for clarity.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §306.173 removes Community Resource Coordination Group (CRCG) from admission criteria for an adolescent forensic unit for clarity and updates formatting.
The proposed amendment to §306.174 removes CRCG from eligibility and referral processes for Waco Center for Youth (WCY) for clarity.
The proposed amendment to §306.176 adds a statutory cross reference and clarifies that the physician who conducts the preliminary examination determines from the preliminary examination if the individual meets criteria for emergency detention. The proposed amendment clarifies that based on the individual’s mental illness, the physician determines if the individual evidences: a substantial risk of serious harm to self or to others, severe emotional distress and deterioration in the individual’s mental condition, or an inability to recognize symptoms or appreciate the risks and benefits of treatment. The proposed amendment clarifies that the individual is likely, without immediate detention, to suffer serious risk of harm or to inflict serious harm on another person. The proposed amendment clarifies that the physician who conducts the preliminary examination makes a written statement documenting the physician’s determination, the specific description of the serious risk of harm, and detailed information about the individual’s behavior that evidences the risk of harm. The proposed amendment also makes non-substantive changes for clarity.
The proposed amendment to §306.221 updates a cross reference and formatting.
Amending 26 TAC §306.221, to update a cross reference for screening and intake assessment training requirements at state hospitals and facilities with contracted psychiatric beds.
CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, DISCHARGE, AND CONTINUITY OF CARE
26 TAC §306.221
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §306.173, concerning Admission Criteria for an Adolescent Forensic Unit; §306.174, concerning Admission Criteria for Waco Center for Youth; §306.176, concerning Admission Criteria for a State Hospital or a Facility with a Contracted Psychiatric Bed for Emergency Detention; and §306.221, concerning Screening and Intake Assessment Training Requirements at a State Hospital and a Facility with a Contracted Psychiatric Bed.
BACKGROUND AND JUSTIFICATION
The proposal is in response to Senate Bill (SB) 1164, 89th Legislature, Regular Session, 2025, which amended Texas Health and Safety Code §573.001(a) and §573.022. SB 1164 expanded the grounds for emergency detention and temporary and extended inpatient court-ordered services.
House Bill (HB) 16, 89th Legislature, 2nd Called Session, 2025, repealed the provisions in SB 1164 that expanded the grounds for temporary or extended inpatient court-ordered services but did not repeal the provisions related to emergency detention.
The proposed amendments update grounds for emergency detention and make non-substantive changes for clarity.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §306.173 removes Community Resource Coordination Group (CRCG) from admission criteria for an adolescent forensic unit for clarity and updates formatting.
The proposed amendment to §306.174 removes CRCG from eligibility and referral processes for Waco Center for Youth (WCY) for clarity.
The proposed amendment to §306.176 adds a statutory cross reference and clarifies that the physician who conducts the preliminary examination determines from the preliminary examination if the individual meets criteria for emergency detention. The proposed amendment clarifies that based on the individual’s mental illness, the physician determines if the individual evidences: a substantial risk of serious harm to self or to others, severe emotional distress and deterioration in the individual’s mental condition, or an inability to recognize symptoms or appreciate the risks and benefits of treatment. The proposed amendment clarifies that the individual is likely, without immediate detention, to suffer serious risk of harm or to inflict serious harm on another person. The proposed amendment clarifies that the physician who conducts the preliminary examination makes a written statement documenting the physician’s determination, the specific description of the serious risk of harm, and detailed information about the individual’s behavior that evidences the risk of harm. The proposed amendment also makes non-substantive changes for clarity.
The proposed amendment to §306.221 updates a cross reference and formatting.
In Addition Re:
Correction of Error
The Texas Health and Human Services Commission proposed amendments to 26 TAC §§350.103, 350.105, 350.203, 350.204, 350.207, 350.211, 350.213, 350.215, 350.217 – 350.219, 350.221, 350.223, 350.227, 350.229, 350.231, 350.233, 350.235, 350.237, 350.239, 350.307, 350.309 – 350.311, 350.313, 350.314, 350.405, 350.409, 350.417, 350.505, 350.704, 350.705, 350.809, 350.813, 350.815, 350.825, 350.1009, 350.1017, 350.1105, 350.1203, 350.1205, 350.1209, 350.1211, 350.1213, 350.1217, 350.1407, 350.1409, 350.1417, 350.1419, 350.1421, 350.1423, 350.1425, 350.1427, 350.1429, 350.1431, 350.1435, 350.1437, and 350.1439; and new §§350.816, 350.1020, and 350.1216. in the August 28, 2026, issue of the Texas Register (51 TexReg 5638). Due to an error by the Texas Register, the implied (a) in §350.505 was omitted.
Notice of Provider Engagement Meetings for Medicaid Payment Rates
The Texas Health and Human Services Commission (HHSC) will conduct provider engagement meetings on September 24, 2026, to receive comments on Medicaid payment rate topics that may potentially be addressed at the upcoming November 2026 rate hearings. Commentary will be collected solely on the topics listed in this notice. Proposed rates will not be published at this time.
Texas Animal Health Commission
Proposed Rules Re:
Repealing 4 TAC §§33.1 – 33.4, to remove outdated Fees rules concurrently with new Chapter 33 rules on Certificates of Veterinary Inspection.
CHAPTER 33. FEES
4 TAC §§33.1 – 33.4
OVERVIEW
The Texas Animal Health Commission (Commission) proposes the repeal of existing Chapter 33, concerning Fees, in the Texas Administrative Code, Title 4, Part 2. This repeal is proposed concurrently with the proposal of a new Chapter 33, concerning Certificates of Veterinary Inspection, which is published simultaneously in this issue of the Texas Register.
BACKGROUND AND JUSTIFICATION
The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and increase transparency. One such recommendation was repealing unused rules in Chapter 33 and updating certificate of veterinary inspection (CVI) rules to reflect the Commission’s transition to electronic CVIs.
Specifically, the Commission proposes the repeal of §33.1, which contains unnecessary definitions. The Commission proposes the repeal of §33.2, which contains outdated rules related to purchasing paper CVIs. The Commission proposes the repeal of §33.3, which contains rules the Commission no longer uses relating to fees for inspection of foreign cattle. And finally, the Commission proposes the repeal of §33.4, containing enforcement and penalty rules.
The proposed repeals are made concurrently with a proposed new Chapter 33. The newly proposed Chapter 33, entitled Certificates of Veterinary Inspection, will contain a section detailing electronic CVIs and fees assessed by the Commission and a section establishing enforcement and penalty rules.
The Commission’s goal in proposing the repeal and replacement of Chapter 33 is to reduce burdensome regulation and modernize rules.
SECTION-BY-SECTION SUMMARY
The proposed repeal will repeal the entirety of Chapter 33 to be replaced with a newly proposed Chapter 33.
Adding new 4 TAC §33.1 and §33.2, to replace repealed Chapter 33 with rules on electronic certificates of veterinary inspection and enforcement.
CHAPTER 33. CERTIFICATES OF VETERINARY INSPECTION
4 TAC §33.1, §33.2
OVERVIEW
The Texas Animal Health Commission (Commission) proposes a replacement of Chapter 33, concerning Fees, in the Texas Administrative Code, Title 4, Part 2 with a new Chapter 33, titled Certificates of Veterinary Inspection. This proposal is made concurrently with the proposed repeal of existing Chapter 33, which is also published in this issue of the Texas Register.
BACKGROUND AND JUSTIFICATION
The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and increase transparency. One such recommendation was repealing unused rules in Chapter 33 and updating certificate of veterinary inspection (CVI) rules to reflect the Commission’s transition to electronic CVIs.
Specifically, the Commission proposes the repeal of Section 33.1, which contains unnecessary definitions. The Commission proposes the repeal of Section 33.2, which contains outdated rules related to purchasing paper CVIs. The Commission proposes the repeal of Section 33.3, which contains rules the Commission no longer uses relating to fees for inspection of foreign cattle. And finally, the Commission proposes the repeal of Section 33.4, containing enforcement and penalty rules.
The proposed repeals are made concurrently with a proposed new Chapter 33. The newly proposed Chapter 33, entitled Certificates of Veterinary Inspection, will contain a section detailing electronic CVIs and fees assessed by the Commission and a section establishing enforcement and penalty rules.
The Commission’s goal in proposing the repeal and replacement of Chapter 33 is to reduce burdensome regulation and modernize rules.
SECTION-BY-SECTION SUMMARY
The proposed new Chapter 33 will be titled Certificates of Veterinary Inspection, and will replace the existing Chapter 33, related to Fees.
The proposed new §33.1, titled Certificate of Veterinary Inspection, requires accredited veterinarians to use approved electronic CVIs and sets a $7.00 fee for electronic CVIs.
The proposed new §33.2, titled Enforcement and Penalties, establishes penalties for violating the chapter’s rules.
Adding new 4 TAC §§47.30 – 47.32, to establish a New World Screwworm Certified Inspector Program following the June 2026 detection of NWS in Zavala County.
CHAPTER 47. AUTHORIZED PERSONNEL
SUBCHAPTER D. NEW WORLD SCREWWORM
4 TAC §§47.30 – 47.32
OVERVIEW
The Texas Animal Health Commission (Commission) proposes new additions to Title 4, Texas Administrative Code, Chapter 47, titled “Authorized Personnel.” Specifically, the Commission proposes a new Subchapter D, titled “New World Screwworm,” to include new sections §47.31, concerning General Requirements and Application Procedures, §47.32, concerning Duration and Additional Training Requirements, and §47.33, concerning Grounds for Suspension and Revocation.
BACKGROUND AND JUSTIFICATION
Section 161.047 of the Texas Agriculture Code requires a person, including a veterinarian, to be authorized by the Commission in order to engage in an activity that is part of a state or federal disease control or eradication program for animals. Existing disease control and eradication programs include, tuberculosis, trichomoniasis, piroplasmosis, equine infectious anemia, chronic wasting disease, and scrapie.
Following the June 3, 2026, detection of New World Screwworm (NWS) in a three-week-old calf in Zavala County, Texas, the Commission, USDA, and other state and federal response partners initiated unified incident command operations, increased surveillance and trapping activities, and accelerated sterile fly releases to control and eradicate the pest. As part of control and eradication efforts, the NWS Certified Inspector Program was developed. The purpose of the program is to allow more Texans to inspect animals for NWS and certify the documentation required to safely move them. The program is critical to ensure cattle and livestock commerce continues uninterrupted.
The proposed new Subchapter D, titled “New World Screwworm,” includes standards and requirements for persons authorized by the Commission to perform work as an NWS Certified Inspector. An NWS Certified Inspector is an individual who has completed Commission approved training on NWS detection, inspection, treatment, and movement requirements and who has been authorized to perform these activities by the Commission. The proposed additions establish application, training, and recordkeeping requirements. Additionally, the proposed additions detail grounds for suspension and revocation of NWS Certified Inspector status.
SECTION-BY-SECTION SUMMARY
Section 47.30 includes General Requirements and Application Procedures. The proposed addition establishes the steps individuals must take to become certified and sets forth the standards a certified inspector must maintain. Standards include fully and accurately completing Treatment/Movement Certificates and following all instructions prescribed by the Commission.
Section 47.31 includes Duration and Additional Training Requirements. The proposed addition states that certified status is valid for one year from the date of initial certification. And the proposed section establishes the method by which inspectors can recertify their status.
Section 47.32 includes Grounds for Suspension and Revocation. The proposed addition lays out that violations of §§47.6, 47.4, 47.31, or failing to immediately report observed signs of NWS will result in suspension or revocation of certified status.
Repealing 4 TAC §51.11, to remove separate entry requirements for goats and consolidate them into the sheep entry requirements rule.
CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.11
OVERVIEW
The Texas Animal Health Commission (Commission) proposes the repeal of §51.11, concerning Goats, in Chapter 51 of the Texas Administrative Code, Title 4, Part 2. This repeal is proposed concurrently with proposed amendments to §51.12, concerning Sheep, which is also published in this issue of the Texas Register.
BACKGROUND AND JUSTIFICATION
The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and duplications. One such recommendation was combining entry requirements for sheep and goats.
To accomplish this, the Commission proposes the repeal of Section 51.11, concerning Goats. This section currently houses rules on tuberculosis restricted zones and scrapie requirements. However, the section’s scrapie rule directs readers to Section 51.12 for requirements. The Commission simultaneously proposes amendments to Section 51.12, concerning Sheep. These proposed amendments would move the goat rules of Section 51.11 into Section 51.12.
The Commission’s goal in proposing the repeal is to reduce duplicative regulation and streamline Commission rules.
SECTION-BY-SECTION SUMMARY
The proposed repeal will repeal Section 51.11, relating to entry requirements for goats.
Amending 4 TAC §51.12, to combine sheep and goat entry requirements and update language for the Commission’s move to electronic CVIs.
CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.12
OVERVIEW
The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled Entry Requirements. Specifically, the Commission proposes amendments to §51.12 regarding Sheep. The amendments are proposed concurrently with the proposed repeal of §51.11, concerning Goats, which is published simultaneously in this issue of the Texas Register.
BACKGROUND AND JUSTIFICATION
The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and duplications. One such recommendation was combining entry requirements for sheep and goats.
To accomplish this, the Commission proposes the repeal of §51.11, concerning Goats. This section currently houses rules on tuberculosis restricted zones and scrapie requirements. However, the section’s scrapie rule directs readers to §51.12 for requirements. The Commission simultaneously proposes amendments to §51.12, concerning Sheep. These proposed amendments would move the goat rules of §51.11 into §51.12.
The proposed amendments to §51.11 include updates in rule language to reflect the Commission’s move to electronic CVIs. The language was updated for readability and clarifying punctions and conjunctions. The proposed amendments update the scrapie rule to reflect the merge of sheep and goat entry requirements. And the proposed amendments add tuberculosis restricted zone rules without any changes those requirements.
The Commission’s goal in proposing these amendments is to reduce duplicative regulation and streamline Commission rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §51.12, relating to entry requirements for sheep, combines entry requirements for goats and updates language to reflect current Commission practices.
Amending 4 TAC §57.10 and §57.11, to establish movement requirements for Texas exhibition poultry traveling to and from out-of-state events amid HPAI concerns.
CHAPTER 57. POULTRY
4 TAC §57.10, §57.11
OVERVIEW
The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 57 titled Poultry. Specifically, the Commission proposes amendments to §57.10, regarding Definitions and §57.11, regarding General Requirements.
BACKGROUND AND JUSTIFICATION
The Texas Animal Health Commission proposes amendments to §57.10, concerning Definitions and to §57.11, concerning General Requirements. The amendments establish movement requirements for Texas-origin exhibition poultry traveling to and from out-of-state events.
The proposed amendments require exhibition birds to leave Texas on a certificate of veterinary inspection (CVI) with proof of negative pullorum-typhoid test (PT) and negative avian influenza test (AI) all issued within 30 days prior to movement. For poultry originating from an NPIP certified flock with current PT Clean status, valid NPIP documentation can be substituted for PT test results. If exhibitors have complied with the CVI and testing requirements, the proposed amendments allows the birds to return to Texas on the same CVI within its 30-day validity period provided the birds were not exhibited in an Highly Pathogenic Avian Influenza (HPAI)-Impacted state, show no signs of illness, and a quarantine was not established during the event.
Additionally, the proposed amendments establish a 1-year recordkeeping requirement for exhibitors. The amendments outline that if HPAI was detected in the event state after the birds entered the state, the exhibitor must return the birds to the premises of origin at the earliest opportunity, notify the Commission, and isolate the birds for 14 days. The proposed rule specifically states these movement requirements do not allow for birds to reenter Texas if they have travelled to a state that was already designated an HPAI-Impacted state at time of movement.
Finally, the proposed amendments add definitions for “exhibition poultry,” “HPAI-Impacted state,” and “National Poultry Improvement Plan (NPIP)” to lend clarity to the proposed changes to §57.11.
The purpose of these amendments is to provide a method for Texas exhibitors to travel to events out-of-state and safely return while minimizing disease-risk to other Texas poultry. The amendments focus on immediate reporting, traceability, and disease surveillance through required testing prior to movement. The proposed requirements mirror the requirements for birds entering Texas, but allow Texas exhibitors to meet the requirements prior to leaving the state.
SECTION-BY-SECTION SUMMARY
Section 57.10 includes definitions. The proposed amendments add definitions for “exhibition poultry,” “HPAI-Impacted state,” and “National Poultry Improvement Plan (NPIP).” The proposed amendments also reorder number existing definitions.
Section 57.11 includes general requirements for poultry. The proposed amendments add movement requirements for Texas exhibition poultry traveling to an out-of-state event and returning to Texas.
Texas Department of State Health Services
Adopted Rules Re:
Adopting 25 TAC §227.1, to update the reference to current Human Milk Banking Association of North America guidelines for human donor milk banks.
CHAPTER 227. MINIMUM GUIDELINES FOR HUMAN DONOR MILK BANKS
25 TAC §227.1
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts an amendment to §227.1, concerning Minimum Guidelines for Human Donor Milk Banks.
Section 227.1 is adopted without changes to the proposed text as published in the June 5, 2026, issue of the Texas Register (51 TexReg 3774). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment is necessary to comply with Texas Health and Safety Code (HSC) §161.071, which requires DSHS to establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. DSHS uses Human Milk Banking Association of North America (HMBANA) standards to determine minimum Texas human donor milk bank guidelines. The amendment updates the reference to current HMBANA guidelines.