Texas Health and Human Services Commission
Title 1, Part 15
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 1, Part 15, of the Texas Administrative Code:
Chapter 395, Civil Rights
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 395, Civil Rights, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to Chapter395review@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 395" 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The text of the chapter being reviewed will not be published, but may be found in Title 1, Part 15, of the Texas Administrative Code on the Secretary of State’s website at State Rules and Open Meetings (www.sos.texas.gov).
TRD-202401156
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: March 13, 2024
Title 7, Part 5
On behalf of the Finance Commission of Texas (commission), the Office of Consumer Credit Commissioner files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Part 5, Chapter 87, concerning Tax Refund Anticipation Loans.
This rule review will be conducted pursuant to Texas Government Code, §2001.039. The commission will accept written comments received on or before the 30th day after the date this notice is published in the Texas Register as to whether the reasons for adopting these rules continue to exist.
The Office of Consumer Credit Commissioner, which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Matthew Nance, General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to rule.comments@occc.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional public comment period prior to final adoption or repeal by the commission.
TRD-202401215
Matthew Nance
General Counsel
Office of Consumer Credit Commissioner
Filed: March 19, 2024
Title 7, Part 8
On behalf of the Finance Commission of Texas and the Texas Credit Union Commission (commissions), the Office of Consumer Credit Commissioner files this notice of intention to review and consider for readoption, revision, or repeal, the following chapters in Texas Administrative Code, Title 7, Part 8: Chapter 151, concerning Home Equity Lending Procedures; Chapter 152, concerning Repair, Renovation, and New Construction on Homestead Property; and Chapter 153, concerning Home Equity Lending.
This rule review will be conducted pursuant to Texas Government Code, §2001.039. The commissions will accept written comments received on or before the 30th day after the date this notice is published in the Texas Register as to whether the reasons for adopting these rules continue to exist.
The Joint Financial Regulatory Agencies (Texas Department of Banking, Department of Savings and Mortgage Lending, Office of Consumer Credit Commissioner, and Texas Credit Union Department), which administer these rules, believe that the reasons for adopting the rules contained in these chapters continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Matthew Nance, General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to rule.comments@occc.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional public comment period prior to final adoption or repeal by the commissions.
TRD-202401217
Matthew Nance
General Counsel, Office of Consumer Credit Commissioner
Joint Financial Regulatory Agencies
Filed: March 19, 2024
Title 22, Part 11
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 chapter contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2022 rule review plan adopted by the Board at its April 2022 meeting.
Chapter 220. Nurse Licensure Compact §220.1
Chapter 223. Fees §223.1, §223.2
Chapter 224. Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute Care Environments §§224.1 - 224.11
Chapter 226. Patient Safety Pilot Programs on Nurse Reporting Systems §§226.1 - 226.7
In conducting its review, the Board will assess whether the reasons for originally adopting these chapters continue to exist. Each section of these chapters will be reviewed to determine whether it is obsolete, whether it reflects current legal and policy considerations and current procedures and practices of the Board, and whether it is in compliance with Chapter 2001 of the Government Code (Administrative Procedure Act).
The public has thirty (30) days from the publication of this rule review in the Texas Register to comment and submit any response or suggestions. Written comments may be submitted to Dusty Johnston, General Counsel, Texas Board of Nursing, 1801 Congress Ave., Suite 10-200, Austin, Texas 78701, by email to dusty.johnston@bon.texas.gov, or by fax to Dusty Johnston at (512) 305-8101. Any proposed changes to this chapter as a result of this review will be published separately in the Proposed Rules section of the Texas Register and will be open for an additional comment period prior to the final adoption or repeal by the Board.
TRD-202401198
James W. Johnston
General Counsel
Texas Board of Nursing
Filed: March 18, 2024
Title 25, Part 1
The Texas Health and Human Services Commission (HHSC), on behalf of 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 401, Mental Health System Administration
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 401, Mental Health System Administration, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to bhs_rules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 401" 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).
TRD-202401202
Jessica Miller
Director, Rules Coordination Office
Department of State Health Services
Filed: March 18, 2024
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 404, Protection of Clients and Staff--Mental Health Services
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 404, Protection of Clients and Staff--Mental Health Services, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to bhs_rules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 404" 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 (www.sos.texas.gov).
TRD-202401203
Jessica Miller
Director, Rules Coordination Office
Department of State Health Services
Filed: March 18, 2024
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services, 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 412, Local Mental Health Authority Responsibilities
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 412, Local Mental Health Authority Responsibilities, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to bhs_rules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 412" 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 (www.sos.texas.gov).
TRD-202401158
Jessica Miller
Director, Rules Coordination Office
Department of State Health Services
Filed: March 14, 2024
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 415, Provider Clinical Responsibilities--Mental Health Services
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 415, Provider Clinical Responsibilities--Mental Health Services, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to healthandspecialtycare@hhsc.state.tx.us. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 415" 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).
TRD-202401170
Jessica Miller
Director; Rules Coordination Office
Department of State Health Services
Filed: March 15, 2024
Title 26, Part 1
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:
Chapter 555, Nursing Facility Administrators
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 555, Nursing Facility Administrators, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSCLTCRRules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 555" 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).
TRD-202401211
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: March 19, 2024
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:
Chapter 556, Nurse Aides
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 556, Nurse Aides, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSCLTCRRules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 556" 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).
TRD-202401204
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: March 18, 2024
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:
Chapter 557, Medication Aides--Program Requirements
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 557, Medication Aides--Program Requirements, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSCLTCRRules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 557" 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).
TRD-202401213
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: March 19, 2024
Title 34, Part 11
The Board of Trustees of the Texas Emergency Services Retirement System ("Board") files this notice of intent to review the following chapters in 34 Texas Administrative Code: Chapter 302, General Provisions Relating to the Texas Emergency Retirement System, Chapter 304, Membership in the Texas Emergency Services Retirement System, Chapter 306, Creditable Service for Members of the Texas Emergency Services Retirement System, Chapter 308, Benefits from the Texas Emergency Services Retirement System, and Chapter 310, Administration of the Texas Emergency Services Retirement System. This review is done pursuant to Texas Government Code §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every for years. During this review, the Board will assess whether the reasons for initially adopting these rules continue to exist.
Comments on the review may be submitted in writing to Jessica OBrien, Acting Executive Director for the Texas Emergency Services Retirement System, at 208 E. 10th Street, Suite 309, Austin, Texas 78701 or via email at rulereview@tesrs.texas.gov. The deadline for receiving comments is April 28, 2024. Any proposed changes to these rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption.
TRD-202401221
Jessica O'Brien
Acting Executive Director
Texas Emergency Services Retirement System
Filed: March 19, 2024
Title 40, Part 20
The Texas Workforce Commission (TWC) files this notice of its intent to review Chapter 800, General Administration, Chapter 802, Integrity of the Texas Workforce System, and Chapter 811, Choices, in accordance with Texas Government Code §2001.039.
TWC will assess whether the reasons for adopting the rules in Chapter 800, Chapter 802, and Chapter 811 continue to exist. Each rule in the chapters will be reviewed to determine whether the rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of TWC.
Comments on the proposed rule reviews may be submitted to TWCPolicyComments@twc.texas.gov and must be received no later than April 29, 2024.
TRD-202401201
Les Trobman
General Counsel
Texas Workforce Commission
Filed: March 18, 2024
Texas Health and Human Services Commission
Title 1, Part 15
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:
Chapter 357, Hearings
Notice of the review of this chapter was published in the January 26, 2024, issue of the Texas Register (49 TexReg 423). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 357 in accordance with §2001.039 of the Texas Government Code, 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 357. Any amendments or repeals to Chapter 357 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 1 TAC Chapter 357 as required by the Texas Government Code §2001.039.
TRD-202401168
Jessica Miller
Director; Rules Coordination Office
Texas Health and Human Services Commission
Filed: March 15, 2024
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 393, Informal Dispute Resolution and Informal Reconsideration
Notice of the review of this chapter was published in the January 26, 2024, issue of the Texas Register (49 TexReg 424). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 393 in accordance with §2001.039 of the Texas Government Code, 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 393. Any amendments or repeals to Chapter 393 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 1 TAC Chapter 393 as required by the Texas Government Code §2001.039.
TRD-202401169
Jessica Miller
Director; Rules Coordination Office
Texas Health and Human Services Commission
Filed: March 15, 2024
Title 7, Part 7
Pursuant to the notice of proposed rule review published in the September 1, 2023, issue of the Texas Register (48 TexReg 4867), the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal all sections of the following chapters of Title 7, Part 7, of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039, Agency Review of Existing Rules: Chapter 109, Transactions Exempt from Registration; Chapter 111, Securities Exempt from Registration; and Chapter 139, Exemptions by Rule or Order. The text of these rules may be found in the Texas Administrative Code, Title 7, Part 7 or through the Board’s website at www.ssb.texas.gov/texas-securities-act-board-rules.
The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these chapters, pursuant to the requirements of the Texas Government Code.
Any revisions to Chapter 109, 111, or Chapter 139 identified by the Board in the rule review will be proposed in a future issue of the Texas Register.
No comments were received regarding the readoption of Chapters 109, 111, or 139.
This concludes the review of 7 TAC Chapters 109, 111, and 139.
Issued in Austin, Texas on March 18, 2024.
TRD-202401196
Travis J. Iles
Securities Commissioner
State Securities Board
Filed: March 18, 2024
Pursuant to the notice of proposed rule review published in the December 15, 2023, issue of the Texas Register (48 TexReg 7619), the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal all sections of the following chapter of Title 7, Part 7, of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039, Agency Review of Existing Rules: Chapter 133, Forms. The text of these rules may be found in the Texas Administrative Code, Title 7, Part 7 or through the Board' website at www.ssb.texas.gov/texas-securities-act-board-rules.
The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts this chapter pursuant to the requirements of the Texas Government Code.
Any revisions to Chapter 133 identified by the Board in the rule review will be proposed in a future issue of the Texas Register.
No comments were received regarding the readoption of Chapter 133.
This concludes the review of 7 TAC Chapter 133.
Issued in Austin, Texas on March 18, 2024.
TRD-202401197
Travis J. Iles
Securities Commissioner
State Securities Board
Filed: March 18, 2024
Title 13, Part 4
The Records Management Interagency Coordinating Council (RMICC) has completed its review of Title 13 Texas Administrative Code, Part 4, Chapter 50, Council Procedures. The council published its Notice of Intent to Review the chapter in the December 8, 2023, issue of the Texas Register (48 TexReg 7179). The council received no comments on the proposed rule review.
The council reviewed the following rules: §50.1, Purpose; §50.3, Officers; §50.5, Meetings; §50.7, Committees; §50.9, Staff; and §50.11, Rules.
As a result of the review, the council finds that the reasons for initially adopting the rules continue to exist. Therefore, the council readopts Chapter 50 in its entirety in accordance with the requirements of Government Code, §2001.039.
This concludes the council's review of Chapter 50 as required by Government Code, §2001.039.
TRD-202401205
April Norris
Records Management Interagency Coordinating Council Chair
Records Management Interagency Coordinating Council
Filed: March 18, 2024