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Comment on Proposed and Draft Rules
Proposed Rules
Formal Comments via the Texas Register
To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State. Interested parties then can review and comment on the proposed rule. The Secretary of State publishes a new issue of the Texas Register each Friday.
The Administrative Procedure Act (Texas Government Code, Chapter 2001) requires the notice published in the Texas Register to include a brief explanation of the proposed rule and a request for comments from any interested person. The notice has instructions for submitting comments regarding the rule to the agency, including the date by which comments must be submitted. Agencies must give interested persons "a reasonable opportunity" to submit comments. The public comment period begins on the day after the notice of a proposed rule is published in the Texas Register and usually lasts for 31 calendar days. Links to rules will be added once they are published in the Texas Register.
| Title | Project No. | Summary | Contact | Comment Period |
|---|---|---|---|---|
| Title 26 TAC Chapter 507, concerning End Stage Renal Disease Facilities Chapter Update | 23R077 | HHSC is replacing end stage renal disease facility rules to better protect patients; update requirements for registered nurses; allow dialysis technicians to do certain tasks; update what testing is allowed and testing equipment requirements, update licensing and reporting requirements and inspection and investigation procedures; and reflect current technologies. To make these changes, HHSC is repealing rules in Texas Administrative Code (TAC) Title 25, Chapter 117 and adding new rules in 26 TAC Chapter 507. |
6/6/25–7/7/25 | |
| Title 25 TAC, Chapter 117, concerning End Stage Renal Disease Facilities Chapter Update | 23R077 | HHSC is replacing end stage renal disease facility rules to better protect patients; update requirements for registered nurses; allow dialysis technicians to do certain tasks; update what testing is allowed and testing equipment requirements, update licensing and reporting requirements and inspection and investigation procedures; and reflect current technologies. To make these changes, HHSC is repealing rules in Texas Administrative Code (TAC) Title 25, Chapter 117 and adding new rules in 26 TAC Chapter 507. |
6/6/25–7/7/25 | |
| Title 26 TAC, Chapter 745, concerning Kinship Specific Verifications | 24R047 | The rule changes make a licensing and verification process specifically related to kinship foster homes. The rules help the public by making it easier for kinship homes to become verified. Statute: 45 Code of Federal Regulations Parts 1355 and 1356 Required by: House Bill 1, 88th Regular Session, 2023 |
6/6/25–7/7/25 | |
| Title 26 TAC, Chapter 749, concerning Kinship Specific Verifications | 24R047 | The rule changes make a licensing and verification process specifically related to kinship foster homes. The rules help the public by making it easier for kinship homes to become verified. Statute: 45 Code of Federal Regulations Parts 1355 and 1356 Required by: House Bill 1, 88th Regular Session, 2023 |
6/6/25–7/7/25 | |
| Title 26 TAC, Chapter 511, concerning LSRH Workplace Violence Prevention | 24R092 | HHSC is changing the rules to require limited services rural hospitals (LSRH) have a workplace violence prevention committee, plan, and policy. The changes also update a reference and add a definition. Required by: Senate Bill 240, 88th Regular Session, 2023 |
6/6/25–7/7/25 | |
| Title 25 TAC, Chapter 229, concerning Licensure of Tanning Facilities | 25R019 | The Texas Department of State Health Services (DSHS) is deleting rules that are no longer needed because the requirement for DSHS to license tanning facilities no longer exists. Statute: Health and Safety Code Chapter 145 Required by: Senate Bill 202, 84th Regular Session, 2015 |
6/6/25–7/7/25 | |
| Title 40 TAC, Chapter 77, concerning Employment Practices | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 25 TAC, Chapter 417, concerning Agency and Facility Responsibilities | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 40 TAC, Chapter 72, concerning Memorandum of Understanding—Capacity Assessment for Self Care and Financial Management | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 25 TAC, Chapter 31, concerning Farmers’ Market Nutrition Program | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 40 TAC, Chapter 7, concerning Administrative Responsibilities | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 40 TAC, Chapter 5, concerning Provider Clinical Responsibilities—Intellectual Disability Services | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 40 TAC, Chapter 101, concerning Administrative Rules and Procedures | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 40 TAC, Chapter 4, concerning Protected Health Information | 25R023 | The Texas Health and Human Services Commission is removing certain rules because they are not needed. Statute: Texas Government Code §531.0201, §531.0202, and §531.02011 Required by: Senate Bill 200, 84th Regular Session, 2015 |
6/6/25–6/27/25 | |
| Title 1 TAC, Chapter 351, concerning HHSC Advisory Committees | 25R024 | The changes: (1) align the rules with statute and Executive Order No. GA-55 issued January 31, 2025; (3) extend the e-Health Advisory Committee (eHAC) by two years so eHAC may continue to advise Health and Human Services; and (4) align the rules with the current HHSC advisory committee rule template. Required by: Executive Order No. GA-55 House Bill 4611, 88th Legislature, Regular Session, 2023 |
6/6/25–6/27/25 | |
| Title 25 TAC, Chapter 37, concerning DSHS Advisory Committee | 25R028 | The proposal: (1) repeals the Texas School Health Advisory Committee (TSHAC) rule from its current chapter of the Texas Administrative Code; (2) creates a new and updated rule regarding the TSHAC in a new chapter that will contain rules relating to the Department of State Health Services advisory committees; (3) aligns the rule with the Health and Human Services advisory committee rule template; and (4) aligns the rule with statute and Executive Order No. GA-55, issued January 31, 2025. |
6/6/25–6/27/25 | |
| Title 25 TAC, Chapter 3, concerning DSHS Advisory Committee | 25R028 | The proposal: (1) repeals the Texas School Health Advisory Committee (TSHAC) rule from its current chapter of the Texas Administrative Code; (2) creates a new and updated rule regarding the TSHAC in a new chapter that will contain rules relating to the Department of State Health Services advisory committees; (3) aligns the rule with the Health and Human Services advisory committee rule template; and (4) aligns the rule with statute and Executive Order No. GA-55, issued January 31, 2025. |
6/6/25–6/27/25 | |
| Title 26 TAC, Chapter 745, concerning Correction for Program of Limited Duration – Exemption Criteria | 25R032 | The rule is being updated to add certain program exemption criteria back in the table which was deleted in error. Statute: Human Resources Code §42.041(b)(4) and (22) |
6/6/25–6/20/25 | |
| Title 26 TAC, Chapter 331, concerning LIDDA Service Coordination | 24R076 | HHSC is changing the rules in 26 Texas Administrative Code (TAC) to let LIDDAs provide service coordination virtually or by phone when the person agrees and if it is appropriate. HHSC is also making the rules clearer. The rules in 40 TAC Chapters 1 and 2 are being removed because they are the exact same as rules in 26 TAC Chapters 300 and 301. The changes in 26 TAC also update references to law that take effect April 1, 2025. This does not change the requirements. Required by: House Bill 4, 87th Regular Session, 2021, and House Bill 4611, 88th Regular Session, 2023 |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 40 TAC, Chapter 1, concerning State Authority Responsibilities | 24R076 | HHSC is changing the rules in 26 Texas Administrative Code (TAC) to let LIDDAs provide service coordination virtually or by phone when the person agrees and if it is appropriate. HHSC is also making the rules clearer. The rules in 40 TAC Chapters 1 and 2 are being removed because they are the exact same as rules in 26 TAC Chapters 300 and 301. The changes in 26 TAC also update references to law that take effect April 1, 2025. This does not change the requirements. Required by: House Bill 4, 87th Regular Session, 2021, and House Bill 4611, 88th Regular Session, 2023 |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 40 TAC, Chapter 2, concerning Local Authority Responsibilities | 24R076 | HHSC is changing the rules in 26 Texas Administrative Code (TAC) to let LIDDAs provide service coordination virtually or by phone when the person agrees and if it is appropriate. HHSC is also making the rules clearer. The rules in 40 TAC Chapters 1 and 2 are being removed because they are the exact same as rules in 26 TAC Chapters 300 and 301. The changes in 26 TAC also update references to law that take effect April 1, 2025. This does not change the requirements. Required by: House Bill 4, 87th Regular Session, 2021, and House Bill 4611, 88th Regular Session, 2023 |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 26 TAC, Chapter 271, concerning Community Care for Aged and Disabled | 24R094 | The rules remove references to the Department of Aging and Disability Services (DADS) and Community Care for the Aged and Disabled (CCAD) as the state agency and division overseeing community care programs and services and replaces them with the Health and Human Services Commission (HHSC) and Community Care Services Eligibility (CCSE). HHSC uses plain language and also uses the term "person" or "people" to describe clients whenever possible. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 1 TAC, Chapter 355, concerning Nursing Facility Liability Insurance Costs | 25R002 | HHSC is changing how it pays rate add-ons for nursing facilities that carry liability insurance. The changes clarify that HHSC will pay the same amount for all eligible liability insurance. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 411, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 412, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 401, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 414, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 404, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 415, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 Chapter 405, concerning Mental Health Program Rules | 25R012 | HHSC is deleting rules that are no longer needed because HHSC has other rules on the same topics as the rules being deleted; the rules are outdated or no longer necessary; and the rules are no longer used in rulemaking. |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 TAC, Chapter 217, concerning Milk and Dairy Regulations and Standards | 25R015 | The rule adopts the current revision of documents DSHS uses for inspections: Pasteurized Milk Ordinance; Procedures Governing the Cooperative State-Public Health Service/Food & Drug Administration Program of the National Conference on Interstate Milk Shipments; Methods for Making Sanitation Ratings of Milk Shippers & the Certifications/Listings of Single-Service Containers & Closures for Milk & Milk Product Manufacturers; and Evaluation of Milk Laboratories. Required by: United States Department of Health and Human Services, United States Food and Drug Administration, United States Public Health Service, National Conference of Interstate Milk Shipments |
HHS Rules Coordination Office | 5/16/25–6/16/25 |
| Title 25 TAC, Chapter 448, concerning Repeal Outdated and Obsolete Rules | 24R056 | This rulemaking repeals rules that are no longer necessary. |
HHS Rules Coordination Office | 5/23/25–6/13/25 |
| Title 1 TAC, Chapter 394, concerning Repeal Outdated and Obsolete Rules | 24R056 | This rulemaking repeals rules that are no longer necessary. |
HHS Rules Coordination Office | 5/23/25–6/13/25 |
| Title 40 TAC, Chapter 71, concerning Repeal Outdated and Obsolete Rules | 24R056 | This rulemaking repeals rules that are no longer necessary. |
HHS Rules Coordination Office | 5/23/25–6/13/25 |
Draft Rules
Informal Comments
Informal opportunities to comment occur before a rule is published in the Texas Register. HHS staff may solicit informal public and stakeholder input by:
- inviting stakeholders to submit comments on potential rule changes during rule development.
- sharing a draft rule with stakeholders for review.
- using existing HHS advisory committees to comment on rules.