Texas Register September 26, 2025 Volume: 50 Number: 39


Texas Register Table of Contents

Governor

Appointments Re:

Appointed to the Texas Board of Respiratory Care for a term to expire February 1, 2031, Samuel L. Brown, Jr.
Appointed to the Texas Board of Respiratory Care for a term to expire February 1, 2031, Matthew J. Goldwater.
Appointed to the Texas Board of Respiratory Care for a term to expire February 1, 2031, Hammad Nasir Qureshi, M.D.

Texas Optometry Board

Proposed Rules Re:

Amending 22 TAC §272.5, to propose a new definition for “Initial Visit.”

CHAPTER 272. ADMINISTRATION
22 TAC §272.5

OVERVIEW

The Texas Optometry Board (Board) proposes amendments to 22 TAC Part 14 Chapter 272 – Administration §272.5 – Definitions.

BACKGROUND AND JUSTIFICATION

Texas Optometry Act §351.353 sets out parameters for the initial examination of a patient for whom a prescription for glasses or contacts is written. The Board finds it necessary to define what constitutes an initial visit for purposes of regulating this section of the statute especially as it relates to inspections of optometric practices under §351.1575 of the Texas Optometry Act.

This rule proposes that the time between eye exam visits can be up to three years before the optometrist would have to comply with requirements of the statute. The three-year time between visits is generally found in insurance contracts and has become a standard in optometric practice. Additionally, the Board wants to define initial as practice specific not provider specific- as long as the subsequent provider in the same practice has access to the patient’s complete patient chart from all previous visits.

SECTION-BY-SECTION SUMMARY

Section 1 proposes a definition of Initial Visit to mean “A patient who returns to the same provider or the same practice with access to the patient’s complete patient record within three years of the last examination in which a spectacle or contact lens prescription was written is exempted from the requirements of an initial visit under §351.353 of the Act.”


Texas State Board of Pharmacy

Proposed Rules Re:

Amending 22 TAC §281.63, to update the board’s disciplinary guidelines concerning the imprisonment of a licensee, a registrant, or an owner of a pharmacy following a felony conviction or deferred adjudication.

CHAPTER 281. ADMINISTRATIVE PRACTICE AND PROCEDURES
SUBCHAPTER C. DISCIPLINARY GUIDELINES
22 TAC §281.63

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §281.63, concerning Considerations for Criminal Offenses. The amendments, if adopted, update the board’s disciplinary guidelines concerning the imprisonment of a licensee, a registrant, or an owner of a pharmacy following a felony conviction or deferred adjudication, in accordance with Senate Bill 1080 and clarify certain provisions to align more closely to existing statute.


Amending 22 TAC §283.12, to update alternative licensing procedures, expedited licensing procedures, and interim license procedures for a military service member, military veteran, or military spouse.

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.12

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §283.12, concerning Licenses for Military Service Members, Military Veterans, and Military Spouses. The amendments, if adopted, update the alternative licensing procedures, expedited licensing procedures, and interim license procedures for a military service member, military veteran, or military spouse, in accordance with House Bill 5629, establish provisional license procedures for a military service member, military veteran, or military spouse, in accordance with Senate Bill 1818, and make grammatical corrections.


Amending 22 TAC §291.31, to propose amendments to the Definitions section.

CHAPTER 291. PHARMACIES
SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.31

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.31, concerning Definitions. The amendments, if adopted, add definitions for the terms “common ownership” and “owner of record.”


Amending 22 TAC §291.52, to define “common ownership” and “owner of record.”

CHAPTER 291. PHARMACIES
SUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)
22 TAC §291.52

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.52, concerning Definitions. The amendments, if adopted, add definitions for the terms “common ownership” and “owner of record.”


Amending 22 TAC §291.72, to define “common ownership” and “owner of record.”

CHAPTER 291. PHARMACIES
SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)
22 TAC §291.72

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.72, concerning Definitions. The amendments, if adopted, add definitions for the terms “common ownership” and “owner of record.”


Amending 22 TAC §291.120, to define “common ownership” and “owner of record.”

CHAPTER 291. PHARMACIES
SUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES
22 TAC §291.120

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §291.120, concerning General. The amendments, if adopted, add definitions for the terms “common ownership” and “owner of record.”


Amending 22 TAC §297.2, to define “common ownership” and “owner of record.”

CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.2

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §297.2, concerning Definitions. The amendments, if adopted, add definitions for the terms “common ownership” and “owner of record.”


Amending 22 TAC §297.10, to update the alternative registration procedures, expedited registration procedures, and interim registration procedures for a military service member, military veteran, or military spouse.

CHAPTER 297. PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES
22 TAC §297.10

OVERVIEW

The Texas State Board of Pharmacy proposes amendments to §297.10, concerning Registration for Military Service Members, Military Veterans, and Military Spouses. The amendments, if adopted, update the alternative registration procedures, expedited registration procedures, and interim registration procedures for a military service member, military veteran, or military spouse, in accordance with House Bill 5629, establish provisional registration procedures for a military service member, military veteran, or military spouse, in accordance with Senate Bill 1818, and make grammatical corrections.


Texas Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §§229.1001 – 229.1005, to add a new subchapter for rules related to warning label requirements for food.

CHAPTER 229. FOOD AND DRUG
SUBCHAPTER II. WARNING LABEL REQUIREMENTS FOR FOOD
25 TAC §§229.1001 – 229.1005

OVERVIEW

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new Subchapter II, §§229.1001 – 229.1005, concerning Warning Label Requirements for Food.

BACKGROUND AND JUSTIFICATION

The proposal is necessary to comply with Senate Bill (S.B.) 25, 89th Legislature, Regular Session, 2025, which amends Health and Safety Code (HSC) Chapter 431, Subchapter D by adding §§431.0815, 431.0816, and 431.0817.

Section 431.0815 requires any food manufacturer offering food for human consumption for sale in Texas to include a warning label if the food contains certain ingredients outlined in the statute. A food manufacturer or a food retailer, who is provided content information by the manufacturer, must disclose all required labeling information to the consumer if the product is offered for sale in Texas on the manufacturer’s or retailer’s website. The warning label requirements apply only to food labels developed or copyrighted on or after January 1, 2027. The warning label requirements do not apply to food not offered for human consumption; food labeled, prepared, served, or sold in a restaurant or retail food establishment; a drug or dietary supplement; or products regulated by the United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), or labeled with a governmental warning with a recommendation from the Surgeon General of the United States Public Health Service (USPHS).

S.B. 25 provides specific language for the required warning label and includes font size, placement, and contrast requirements when the warning label is placed on a food label. S.B. 25 includes exceptions to the warning label requirement for certain ingredients as outlined in HSC §431.0817.

SECTION-BY-SECTION SUMMARY

Proposed new Subchapter II, Warning Label Requirements for Food, adds a new subchapter in Chapter 229 for rules related to warning label requirements for food as listed below.

Proposed new §229.1001 describes the purpose of the rule, establishes the scope of the rule, and provides for the adoption of federal regulations.

Proposed new §229.1002 provides terms and definitions used throughout the subchapter.

Proposed new §229.1003 establishes exemptions for certain ingredients; foods produced in a restaurant or retail food establishment; products regulated by the United States Department of Agriculture (USDA) or Food Safety and Inspection Service (FSIS), or labeled with a governmental warning with a recommendation from the surgeon general of the United States Public Health Service (USPHS); drugs; dietary supplements; a pesticide chemical, soil or plant nutrient, or other agricultural chemical used in the production, storage, or transportation of a raw agricultural commodity; and exemptions related to a specific ingredient for food and color additive in HSC §431.0815.

Proposed new §229.1004 lists food ingredients that require a warning label and warning label requirements.

Proposed new §229.1005 establishes criminal, civil, administrative penalties, and other enforcement actions, for violations to rules in subchapter II.


In Addition Re:

For more information, please visit this week’s edition of the Texas Register at 50 Tex Reg 6357.

Texas Board of Nursing

Proposed Rule Review Re:

Reviewing Title 22, Part 11, to consider for readoption, revision, or repeal of the chapter concerning RN Delegation and Pain Management.

In accordance with Government Code §2001.039, the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapters contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2026 rule review plan adopted by the Board at its July 2025 meeting.

Chapter 225. RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions (§§225.1 – 225.15)

Chapter 228. Pain Management (§228.1, §228.2)


Texas Health and Human Services Commission

In Addition Re:

Correction of Error

The Texas Health and Human Services Commission (HHSC) adopted an amendment to 26 TAC §263.101 in the September 12, 2025, issue of the Texas Register (50 TexReg 6019). Due to an error by the Texas Register, the amendment was published with an incorrect rule number that appeared before the preamble and in the first paragraph of the preamble. The rule number and first paragraph should read as follows:

26 TAC §263.101