TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 133. HOSPITAL LICENSING

The Texas Health and Human Services Commission (HHSC) adopts amendments to §133.41, concerning Hospital Functions and Services, and §133.163, concerning Spatial Requirements for New Construction. The amendments are adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6299), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC §§229.161 - 229.171 (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, rules in Title 25, Chapter 133 (relating to Hospital Licensing) that incorporated the Texas Food Establishment rules by reference were not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by licensed hospitals. This lack of authority to enforce food safety rule violations by licensed hospitals presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, emergency rules were adopted to update §133.41 and §133.163 to include the references to Chapter 228. Temporary emergency rules were adopted on August 24, 2017. A 60-day extension period for the emergency rules was filed and is valid through February 19, 2018. Therefore, the amendments to §133.41 and §133.163 are for the permanent adoption of the rule reference updates.

The purpose of the rule amendments is to update references to the current food safety rules in the hospital licensing rules, thereby allowing HHSC to enforce the hospital licensing rules relating to food safety in order to protect the health, safety, and welfare of the public.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, HHSC did not receive any comments regarding the proposed rules.

SUBCHAPTER C. OPERATIONAL REQUIREMENTS

25 TAC §133.41

STATUTORY AUTHORITY

Texas Health and Safety Code, §241.026, requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of licensed hospitals. Texas Government Code, §531.0055, authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800158

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER I. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS

25 TAC §133.163

Texas Health and Safety Code, §241.026, requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of licensed hospitals. Texas Government Code, §531.0055, authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800159

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


CHAPTER 134. PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS

The Texas Health and Human Services Commission (HHSC) adopts amendments to §134.41, concerning Facility Functions and Services, and §134.123, concerning Spatial Requirements for New Construction. The amendments are adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6301), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC §§229.161 - 229.171 (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, rules in Title 25, Chapter 134 (relating to Private Psychiatric Hospitals and Crisis Stabilization Units) that incorporated the Texas Food Establishment rules by reference were not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by private psychiatric hospitals. This lack of authority to enforce food safety rule violations by private psychiatric hospitals presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, emergency rules were adopted to update §134.41 and §134.123 to include the rules references to Chapter 228. Temporary emergency rules were adopted on August 24, 2017. A 60-day extension period for the emergency rules was filed and is valid through February 19, 2018. Therefore, the amendments to §134.41 and §134.123 are for the permanent adoption of the rule reference updates.

The purpose of the rule amendments is to update references to the current food safety rules in the private psychiatric hospital rules, thereby allowing HHSC to enforce the private psychiatric hospital rules relating to food safety in order to protect the health, safety, and welfare of the public.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, HHSC did not receive any comments regarding the proposed rules.

SUBCHAPTER C. OPERATIONAL REQUIREMENTS

25 TAC §134.41

STATUTORY AUTHORITY

Texas Health and Safety Code, §577.010, requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of private mental hospitals. Texas Government Code, §531.0055, authorizes the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800160

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER G. PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS

25 TAC §134.123

Texas Health and Safety Code, §577.010, requires HHSC to develop, establish, and enforce standards for the construction, maintenance, and operation of private mental hospitals. Texas Government Code, §531.0055, authorizes the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800161

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


CHAPTER 137. BIRTHING CENTERS

SUBCHAPTER D. OPERATIONAL AND CLINICAL STANDARDS FOR THE PROVISION AND COORDINATION OF TREATMENT AND SERVICES

25 TAC §137.36

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §137.36, concerning Physical and Environmental Requirements for Centers. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6303), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC §§229.161 - 229.173 (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 137 (relating to Birthing Centers) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by birthing centers. This lack of authority to enforce food safety rule violations by birthing centers presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, an emergency rule was adopted to update §137.36 to include the reference to Chapter 228. A temporary emergency rule was adopted on August 24, 2017. A 60-day extension period for the emergency rule was filed and is valid through February 19, 2018. Therefore, the amendment to §137.36 is for the permanent adoption of the rule reference update.

The purpose of the rule amendment is to update the reference to the current food safety rules in the birthing center rule, thereby allowing HHSC to enforce the birthing center rule relating to food safety in order to protect the health, safety, and welfare of the public.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, HHSC did not receive any comments regarding the proposed rule.

ADDITIONAL INFORMATION

For further information, please call: (512) 776-6972.

STATUTORY AUTHORITY

Texas Health and Safety Code, §244.010, requires HHSC to develop, establish, and enforce standards for birthing centers. Texas Government Code, §531.0055, authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800162

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


CHAPTER 139. ABORTION FACILITY REPORTING AND LICENSING

SUBCHAPTER D. MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES

25 TAC §139.48

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §139.48, concerning Physical and Environmental Requirements. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6304), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, the Department of State Health Services (DSHS) updated retail food safety rules by repealing 25 TAC §§229.161 - 229.171 (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 139 (relating to Abortion Facility Reporting and Licensing) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by abortion facilities. This lack of authority to enforce food safety rule violations by abortion facilities presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, an emergency rule was adopted to update §139.48 to include the rule reference to Chapter 228. A temporary emergency rule was adopted on August 24, 2017. A 60-day extension period for the emergency rule was filed and is valid through February 19, 2018. Therefore, the amendment to §139.48 is for the permanent adoption of the rule reference update.

The purpose of the rule amendment is to update references to the current food safety rules in the abortion facility rule, thereby allowing HHSC to enforce the abortion facility rule relating to food safety in order to protect the health, safety, and welfare of the public.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

Texas Health and Safety Code, §245.010, requires HHSC to develop, establish, and enforce standards for abortion facilities. Texas Government Code, §531.0055, authorizes the Executive Commissioner to adopt rules and policies necessary for the operation and provision of health and human services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800163

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


CHAPTER 229. FOOD AND DRUG

The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to Chapter 229 Food and Drug, Subchapter K, Texas Food Establishments, §229.177, concerning Certification of Food Managers in Areas Under the Department of State Health Services Permitting Jurisdiction; and §229.178, concerning Accreditation of Food Handler Education or Training Programs; Subchapter U, Permitting Retail Food Establishments, §229.371 concerning Definitions; §229.372, concerning Permitting Fees and Procedures; and §229.373, concerning Minimum Standards for Permitting and Operation; Subchapter Z, Inspection Fees for Retail Food Establishments, §229.471, concerning Definitions; §229.473, concerning Minimum Standards for Permitting and Operation; and §229.474, concerning Refusal of Inspection Request; Administrative Penalties; Subchapter EE, Cottage Food Production Operation, §229.661, concerning Cottage Food Production Operations; and Subchapter FF, Farmers' Markets, §229.702, concerning Definitions; and §229.704, concerning Temperature Requirements. The amendments are adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6306), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, DSHS updated retail food safety rules by repealing 25 TAC §§229.161 - 229.171 and §§229.173 - 229.175 (relating to Texas Food Establishments) and replacing them with Title 25, Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, rules elsewhere in Title 25, Chapter 229 (relating to Food and Drug) that incorporated the Texas Food Establishment rules by reference were not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by food establishments, cottage food production operations, and farmers' markets. This lack of authority to enforce food safety rule violations by food establishments, cottage food production operations, and farmers' markets presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, emergency rules were adopted to update §§229.177, 229.178, 229.371 - 229.373, 229.471, 229.473, 229.474, 229.661, 229.702, and §229.704 to include the rules references to Chapter 228. Temporary emergency rules were adopted on August 24, 2017. A 60-day extension period for the emergency rules was filed and is valid through February 19, 2018. Therefore, amendments to §§229.177, 229.178, 229.371 - 229.373, 229.471, 229.473, 229.474, 229.661, 229.702, and 229.704 are for the permanent adoption of the rule reference updates.

The purpose of the rule amendments is to update references to the current food safety rules in food establishments, cottage food production operations, and farmers' markets, thereby allowing DSHS to enforce rules relating to food safety in order to protect the health, safety, and welfare of the public. The new rules in Chapter 228 are based on the current 2013 United States Food and Drug Administration Model Food Code, which allows the Texas food rules to be in conformity with the rest of the country.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, DSHS did not receive any comments regarding the proposed rules.

SUBCHAPTER K. TEXAS FOOD ESTABLISHMENTS

25 TAC §229.177, §229.178

STATUTORY AUTHORITY

The amendments are authorized by Texas Health and Safety Code, §437.0056, which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, §437.0193, which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, §437.0202, which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800164

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER U. PERMITTING RETAIL FOOD ESTABLISHMENTS

25 TAC §§229.371 - 229.373

The amendments are authorized by Texas Health and Safety Code, §437.0056, which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, §437.0193, which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, §437.0202, which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800165

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER Z. INSPECTION FEES FOR RETAIL FOOD ESTABLISHMENTS

25 TAC §§229.471, 229.473, 229.474

The amendments are authorized by Texas Health and Safety Code, §437.0056, which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, §437.0193, which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, §437.0202, which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800166

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER EE. COTTAGE FOOD PRODUCTION OPERATION

25 TAC §229.661

The amendment is authorized by Texas Health and Safety Code, §437.0056, which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, §437.0193, which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, §437.0202, which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800167

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


SUBCHAPTER FF. FARMERS' MARKETS

25 TAC §229.702, §229.704

The amendments are authorized by Texas Health and Safety Code, §437.0056, which requires DSHS to adopt rules for granting and maintaining retail food permits in areas not regulated by counties and public health districts; Texas Health and Safety Code, §437.0193, which requires DSHS to adopt rules for labeling of foods produced by cottage food production operations; Texas Health and Safety Code, §437.0202, which authorizes DSHS to implement rules relating to food temperature requirements and permits at farmers' markets; and Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800168

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


CHAPTER 265. GENERAL SANITATION

SUBCHAPTER B. TEXAS YOUTH CAMPS SAFETY AND HEALTH

25 TAC §265.13

The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §265.13, concerning Site and Physical Facilities. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6311), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, DSHS updated retail food safety rules by repealing 25 TAC §§229.161 - 229.173 (relating to Texas Food Establishments) and replacing them with 25 TAC Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 265, Subchapter B (relating to Texas Youth Camps Safety and Health) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by youth camps. This lack of authority to enforce food safety rule violations by youth camps presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, an emergency rule was adopted to update §265.13 to include the reference to Chapter 228. A temporary emergency rule was adopted on August 24, 2017. A 60-day extension period for the emergency rule was filed and is valid through February 19, 2018. Therefore, the amendment to §265.13 is for the permanent adoption of the rule reference update.

The purpose of the rule amendment is to update the reference to the current food safety rules in the youth camp rule, thereby allowing DSHS to enforce the youth camp rule relating to food safety in order to protect the health, safety, and welfare of the public, and to refer to a playground safety handbook that contains updated safety standards.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, DSHS did not receive any comments regarding the proposed rule.

ADDITIONAL INFORMATION

For further information, please call: (512) 776-6972.

STATUTORY AUTHORITY

Texas Health and Safety Code, §141.009, requires DSHS to establish health and safety standards for youth camps. Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800169

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972


CHAPTER 295. OCCUPATIONAL HEALTH

SUBCHAPTER G. SANITATION AT TEMPORARY PLACES OF EMPLOYMENT

25 TAC §295.169

The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §295.169, concerning Standards for Food Service. The amendment is adopted without changes to the proposed text as published in the November 10, 2017, issue of the Texas Register (42 TexReg 6312), and therefore will not be republished.

BACKGROUND AND JUSTIFICATION

In October 2015, DSHS updated retail food safety rules by repealing 25 TAC §§229.161 - 229.171 (relating to Texas Food Establishments) and replacing them with Title 25, Chapter 228 (relating to Retail Food). When these rules were repealed and replaced, the rule in Title 25, Chapter 295, Subchapter G (relating to Sanitation at Temporary Places of Employment) that incorporated the Texas Food Establishment rules by reference was not updated to refer to the new rules in Chapter 228. Consequently, DSHS was unable to enforce violations of food safety rules by temporary places of employment. This lack of authority to enforce food safety rule violations by temporary places of employment presented a peril to the health, safety, and welfare of the public. Under Texas Government Code, §2001.034, an emergency rule was adopted to update §295.169 to include the rules references to Chapter 228. A temporary emergency rule was adopted on August 24, 2017. A 60-day extension period for the emergency rule was filed and is valid through February 19, 2018. Therefore, the amendment to §295.169 is for the permanent adoption of the rule reference update.

The purpose of the rule amendment is to update the reference to the current food safety rules in the temporary places of employment rule, thereby allowing DSHS to enforce the temporary places of employment rule relating to food safety in order to protect the health, safety, and welfare of the public.

COMMENTS

The 30-day comment period ended on December 11, 2017. During this period, DSHS did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

Texas Health and Safety Code, §341.002, authorizes HHSC to establish standards and procedures for the management and control of sanitation and for health protection measures. Texas Government Code, §531.0055, and Texas Health and Safety Code, §1001.075, authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018.

TRD-201800170

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972