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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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 745, concerning Psychiatric Residential Youth Treatment Facilities #23R072

The rules establish requirements that allow Child Care Regulation to certify a General Residential Operation as a psychiatric residential youth treatment facility (PRYTF). A PRYTF provides treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. The amended and new rules will create a voluntary certification program that will provide families with additional, quality options for youth and young adults in need of residential care in non-psychiatric hospital settings.

Statute: Texas Health and Safety Code §577A.004 and §577A.101

Required by: House Bill 3121, 87th Regular Session, 2021

4/26/24–5/28/24
Title 26 TAC, Chapter 748, concerning Psychiatric Residential Youth Treatment Facilities #23R072

The rules establish requirements that allow Child Care Regulation to certify a General Residential Operation as a psychiatric residential youth treatment facility (PRYTF). A PRYTF provides treatments and services to individuals 21 years of age or younger with a severe emotional disturbance. The amended and new rules will create a voluntary certification program that will provide families with additional, quality options for youth and young adults in need of residential care in non-psychiatric hospital settings.

Statute: Texas Health and Safety Code §577A.004 and §577A.101

Required by: House Bill 3121, 87th Regular Session, 2021

4/26/24–5/28/24
Title 26 TAC, Chapter 744, concerning Water Safety in Licensed and Registered Child Day Care Operations #23R074

The rules establish new definitions and requirements related to water safety, including the use of a personal flotation device, for children in licensed and registered day care operations who access swimming pools. The amended and new rules will improve the safety of children enrolled in licensed and registered day care operations who access swimming pools.

Statute: Texas Health and Safety Code §341.0646

Required by: House Bill 59, 88th Legislature, Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapter 746, concerning Water Safety in Licensed and Registered Child Day Care Operations #23R074

The rules establish new definitions and requirements related to water safety, including the use of a personal flotation device, for children in licensed and registered day care operations who access swimming pools. The amended and new rules will improve the safety of children enrolled in licensed and registered day care operations who access swimming pools.

Statute: Texas Health and Safety Code §341.0646

Required by: House Bill 59, 88th Legislature, Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapter 747, concerning Water Safety in Licensed and Registered Child Day Care Operations #23R074

The rules establish new definitions and requirements related to water safety, including the use of a personal flotation device, for children in licensed and registered day care operations who access swimming pools. The amended and new rules will improve the safety of children enrolled in licensed and registered day care operations who access swimming pools.

Statute: Texas Health and Safety Code §341.0646

Required by: House Bill 59, 88th Legislature, Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapters 510, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 25 TAC, Chapters 229, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapters 511, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 25 TAC, Chapters 133, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapters 506, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapters 564, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 25 TAC, Chapters 135, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapters 507, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 25 TAC, Chapters 137, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 26 TAC, Chapters 509, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023

4/26/24–5/28/24
Title 25 TAC, Chapters 139, concerning Itemized Billing for Health Care Services and Supplies #24R004

The rules tell health care facilities to give their patients itemized bills as required by a new law.

Required by: Senate Bill 490, 88th Regular Session, 2023
 

4/26/24–5/28/24
Title 26 TAC, Chapter 747, concerning Parent Rights in Day Care Operations #23R075

The rules establish new requirements related to parent rights and update and clarify current requirements that are related to parent rights. These amended and new rules will help parents understand their rights when they enroll a child in a day care operation in Texas. A rule in Chapter 746 also updates a requirement related to the criteria a child-care center director must meet to provide training to the director’s staff. This amended rule will help child-care center employees access training more easily.

Statute: Texas Human Resources Code §42.04271 and §42.0421(g-1)

Required by: Senate Bill 1098 and Senate Bill 1242, 88th Regular Session, 2023

4/19/24–5/20/24
Title 26 TAC, Chapter 744, concerning Parent Rights in Day Care Operations #23R075

The rules establish new requirements related to parent rights and update and clarify current requirements that are related to parent rights. These amended and new rules will help parents understand their rights when they enroll a child in a day care operation in Texas. A rule in Chapter 746 also updates a requirement related to the criteria a child-care center director must meet to provide training to the director’s staff. This amended rule will help child-care center employees access training more easily.

Statute: Texas Human Resources Code §42.04271 and §42.0421(g-1)

Required by: Senate Bill 1098 and Senate Bill 1242, 88th Regular Session, 2023

4/19/24–5/20/24
Title 26 TAC, Chapter 746, concerning Parent Rights in Day Care Operations and Director Led Training #23R075

The rules establish new requirements related to parent rights and update and clarify current requirements that are related to parent rights. These amended and new rules will help parents understand their rights when they enroll a child in a day care operation in Texas. A rule in Chapter 746 also updates a requirement related to the criteria a child-care center director must meet to provide training to the director’s staff. This amended rule will help child-care center employees access training more easily.

Statute: Texas Human Resources Code §42.04271 and §42.0421(g-1)

Required by: Senate Bill 1098 and Senate Bill 1242, 88th Regular Session, 2023
 

4/19/24–5/20/24
Title 25 TAC, Chapter 296, concerning Asbestos Out-of-State Licenses for Military Service Members #23R081

DSHS is repealing this rule about asbestos out-of-state-licenses for military members, military spouses, and military veterans. This rule is no longer needed because new rules were adopted in Texas Administrative Code, Title 25, Section 1.81 and Section 1.91.

Required by: Senate Bill 422, 88th Legislature, Regular Session, 2023

4/19/24–5/20/24
Title 26 TAC, Chapter 556, concerning Nursing Facility, Nursing Facility Administrator, Nurse, and Medication Aides #23R071

These rules implement four bills recently passed by the Texas legislature. They decrease the amount of time nursing facilities (NFs) are allowed to complete trust fund corrective actions, require the use of the online portal (TULIP) rather than paper processes, and update language. House Bill 1009 required NFs to suspend employees accused to abuse, neglect, or exploitation. House Bill 4123 established HHSC’s authority to obtain criminal history background checks through fingerprinting. Senate Bill 240 required NFs to implement a workplace violence prevention committee and policies and procedures. Senate Bill 681 exempted NF administrators, nurse aides, and medication aides from Occupations Code, Chapter 53 (related to criminal offenses barring licensure).

Required by: House Bills 1009 and 4123 and Senate Bills 240 and 681, 88th Regular Session, 2023

HHSC Long-term Care Regulation Rules 3/29/24–4/29/24

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.
Title Project No. / Description Contact Comment End Date
Title 25, Chapter 27, concerning Case Management for Children and Pregnant Women #24R049 HHSC Ask CM 4/18/24
Title 26, Chapter 257, concerning Case Management for Children and Pregnant Women #24R049 HHSC Ask CM 4/18/24