TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 40. STOCK MEDICATION IN SCHOOLS AND OTHER ENTITIES

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes amendments to §§40.1 - 40.8, 40.11 - 40.18, 40.61 - 40.71, and 40.81 - 40.89; and the repeal of §§40.21 - 40.28.

BACKGROUND AND PURPOSE

The purpose of the proposal is to amend 25 Texas Administrative Code (TAC) Chapter 40, Subchapters A, B, E, and F, and repeal Subchapter C, to implement House Bill (HB) 163 and Senate Bill (SB) 1619, 89th Legislature, Regular Session, 2025.

HB 163 amended Texas Health and Safety Code §773.0145 and removed the statutory list of specific entities authorized to adopt a policy regarding the maintenance, administration, and disposal of epinephrine delivery systems and instead authorizes any entity in Texas such as schools, youth facilities and certain entities like an amusement park, restaurant, sports venues, and institutions of higher education to adopt such a policy. SB 1619 amended Texas Education Code Chapter 38 and replaced the term "epinephrine auto-injector" with "epinephrine delivery system" throughout relevant statutes.

The statutory changes require DSHS to update the rules to expand the entities allowed to implement an unassigned epinephrine delivery systems policy and to update the medication and terminology allowed in the unassigned epinephrine delivery systems policy. In addition to the changes resulting from the legislature, 25 TAC Chapter 40, Subchapters A, B, E, and F amendments align definitions across 25 TAC Chapter 40 and comply with DSHS rule standards for plain language. The proposed repeal of Subchapter C removes duplicative rules because the content in those rules have been incorporated into the proposed amendments in Subchapter B.

SECTION-BY-SECTION SUMMARY

The proposed amendments to Chapter 40 replace "epinephrine auto-injector" with "epinephrine delivery system," align terminology across subchapters, and improve overall readability. The proposed amendments include non-substantive editorial and plain-language changes and revisions to improve clarity that are not specifically listed here.

The proposal updates the title of Subchapter A, consisting of §§40.1 - 40.8, to Epinephrine Delivery System Policies in Institutions of Higher Education.

The proposed amendment to §40.1 replaces wording.

The proposed amendment to §40.2 replaces wording and updates the rule title to Voluntary Unassigned Epinephrine Delivery System Policies for an Institution of Higher Education.

The proposed amendment to §40.3 adds the acronym, TEC; reorganizes and renumbers the definitions to alphabetize the terms; replaces wording for clarity; refines the definitions for "campus," "institution of higher education," "unassigned epinephrine auto-injector," and "volunteer"; and adds a new definition for "standard operating hours" and "epinephrine delivery system."

The proposed amendment to §40.4 replaces wording for clarity.

The proposed amendment to §40.5 changes the number of doses of unassigned adult epinephrine for use in an epinephrine delivery system from one to two on each institution of higher education's campus; clarifies annual prescription and standing order requirements; adds that an institution may conduct an assessment to determine if additional unassigned epinephrine delivery systems are needed and requirements surrounding the assessment; clarifies statutes for the prescription and standing order; clarifies the designation of a coordinating campus department; and adds requirements for monthly inventory checks. The proposed amendment adds who may administer the institution's unassigned epinephrine delivery system; clarifies EMS notification; requires replacement planning; and requires trained individual presence during standard operating hours. The proposed amendment clarifies storage requirements and requires policy publication and submission to DSHS. The proposed amendment adds how unassigned epinephrine delivery systems must be stored and clarifies the record retention schedule for the unassigned epinephrine delivery system policy under 13 TAC §6.10. The proposal also updates the rule title to Maintenance, Administration, and Disposal of Unassigned Epinephrine Delivery Systems.

The proposed amendment to §40.6 clarifies the frequency of training; requires hands-on training with a trainer device; replaces wording; and adds the statutory requirements for training.

The proposed amendment to §40.7 removes subsection (a) and renumbers the remaining subsections; adds the acronym, TEC; clarifies that reports to institutions must be sent to the institution's leadership; updates the DSHS website address; and updates the rule title to Report on Administering Unassigned Epinephrine Delivery Systems.

The proposed amendment to §40.8 adds acronyms, TEC and HSC.

The proposal updates the title of Subchapter B, consisting of §§40.11 - 40.18, to Epinephrine Delivery System Policies in Certain Entities.

The proposed amendment to §40.11 replaces wording for clarity.

The proposed amendment to §40.12 replaces wording for clarity and updates the rule title to Voluntary Unassigned Epinephrine Delivery System Policies for Certain Entities.

The proposed amendment to §40.13 adds the acronym, TEC; refines the definitions for "authorized healthcare provider," "unassigned epinephrine delivery system," and "volunteer"; replaces the term "personnel" with "entity personnel" and clarifies the definition; renumbers the definitions to alphabetize the terms; adds new term "entity" and updates statutory cross-references; and removes "venue."

The proposed amendment to §40.14 replaces wording to provide clarity for entities adopting voluntarily.

The proposed amendment to §40.15 organizes a plan for ensuring proper maintenance, administration, and disposal of unassigned epinephrine delivery systems in certain entities; changes the number of doses of unassigned adult epinephrine for use in an epinephrine delivery system from one to two at each entity's property and added that the entity may choose to stock unassigned pediatric epinephrine delivery system packs based on the population served; clarifies annual prescription and standing order requirements; clarifies factors that an entity may consider when conducting an assessment to determine if additional unassigned epinephrine delivery systems are needed; adds "administrator" as an entity coordinator and clarifies coordination and management requirements of the unassigned epinephrine delivery system. The proposed amendment adds who may administer the entity's unassigned epinephrine delivery system; clarifies EMS notification; requires replacement planning; and requires trained individual presence during all hours the entity is open to the public or to the population the entity serves. The proposed amendment clarifies infectious waste disposal; requires secure and accessible storage; and requires parent notification when serving children under 18 years of age. The proposal updates the rule title to Maintenance, Administration, and Disposal of Unassigned Epinephrine Delivery Systems.

The proposed amendment to §40.16 clarifies the frequency of training; replaces wording; and adds statutory requirements for training.

The proposed amendment to §40.17 adds new subsection (b) to clarify reporting requirements; clarifies that reports must be sent to the entity's leadership; updates the DSHS website address; and updates the rule title to Report on Administering Unassigned Epinephrine Delivery Systems.

The proposed amendment to §40.18 adds an acronym and replaces wording for clarity.

The proposed repeal of Subchapter C, Epinephrine Auto-Injector Policies in Youth Facilities, consisting of §§40.21- 40.28, deletes the rules as no longer necessary because the content of these rules has been incorporated into the proposed amendments in Subchapter B to reflect statutory expansion without removing substantive requirements.

The proposal updates the title of Subchapter E, consisting of §§40.61 - 40.71, to Epinephrine Delivery System Policies in Schools.

The proposed amendment to §40.61 replaces wording for clarity.

The proposed amendment to §40.62 replaces wording for clarity; adds the acronym, TEC; and updates the rule title to Voluntary Unassigned Epinephrine Delivery System Policies for School Districts, Open-enrollment Charter Schools, and Private Schools.

The proposed amendment to §40.63 adds the acronym, TEC; reorganizes and renumbers the definitions to alphabetize the terms; refines the definitions for "campus," "open-enrollment chart school," "school personnel," "school volunteer," and "unassigned epinephrine delivery system"; and adds new definitions for "epinephrine delivery system" and "school hours."

The proposed amendment to §40.64 replaces wording for clarity.

The proposed amendment to §40.65 organizes a plan for ensuring proper maintenance, administration, and disposal of unassigned epinephrine delivery systems in schools. The proposed amendment changes the number of doses of unassigned adult epinephrine for use in an epinephrine delivery system from one to two on each school campus and clarifies that schools must equally distribute epinephrine delivery systems across a campus. The proposed amendment clarifies designated school personnel coordinating requirements, including training, inventory checks, and factors to consider when assessing to determine the number of additional unassigned epinephrine delivery systems needed. The proposal changes trained individual presence from "all hours the campus is open for school-sponsored events" to "school hours" and adds "off-campus school event." The proposed amendment adds that schools may train all personnel and volunteers on food allergies and how to respond to an emergency. The proposal clarifies EMS and parent notification, record retention under 13 TAC §7.125, and storage and disposal requirements; and updates the rule title to Maintenance, Administration, and Disposal of Unassigned Epinephrine Delivery Systems.

The proposed amendment to §40.66 clarifies voluntary participation of personnel; provides protection to untrained personnel from penalty; and updates the rule title to Assignment and Recruitment of School Personnel and School Volunteers Trained to Administer Epinephrine Delivery Systems.

The proposed amendment to §40.67 clarifies annual training requirements; replaces wording for clarity; and adds that the school district, open-enrollment charter school, or private school may contract with a vendor to provide training to school personnel and school volunteers.

The proposed amendment to §40.68 replaces wording to clarify reporting requirements; updates the DSHS website; and updates the rule title to Report on Administering Epinephrine Delivery Systems.

The proposed amendment to §40.69 clarifies parent notice requirements for students enrolled in the district or school, and updates the rule title to Notice to Parents Regarding Unassigned Epinephrine Delivery System Policies in Schools.

The proposed amendment to §40.70 replaces wording for clarity.

The proposed amendment to §40.71 adds an acronym and replaces wording for clarity.

The proposed amendment to §40.81 replaces wording for clarity.

The proposed amendment to §40.82 adds the acronym, TEC; reorganizes and renumbers the definitions to alphabetize the terms; refines the definitions for "campus," "open-enrollment chart school," "school personnel," and "school volunteer"; and adds new definitions for "opioid antagonist medication policy" and "school hours."

The proposed amendment to §40.83 adds wording for clarity.

The proposed amendment to §40.84 clarifies required and voluntary opioid antagonist policies; removes subsection (c); and renumbers the remaining rule text.

The proposed amendment to §40.85 clarifies the maintenance, administration, and disposal of opioid antagonist medication. The proposed amendment replaces the term "campus" with "school district, open-enrollment charter school, or private school" and changes the established number of doses of opioid antagonist medications determined by a school district, on each campus, to at least two doses of opioid antagonist medication on each school campus. The proposed amendment adds trained individual presence during school hours; who may administer an opioid antagonist medication; and designated school personnel coordination and management requirements, including training and inventory checks. The proposed amendment adds EMS notification, medication replacement planning, and record retention requirements; and clarifies antagonist medication storage and disposal.

The proposed amendment to §40.86 adds the acronym, TEC; adds notification to emergency medical services; and replaces wording to clarify annual training requirements.

The proposed amendment to §40.87 removes subsection (a) and renumbers the remaining subsections; adds the reporting requirement to the DSHS commissioner; and updates the DSHS website.

The proposed amendment to §40.88 replaces wording for clarity.

The proposed amendment to §40.89 adds an acronym and replaces wording for clarity.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS determined during the first five years the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of DSHS employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to DSHS;

(5) the proposed rules will not create a new regulation;

(6) the proposed rules will expand and repeal existing regulations;

(7) the proposed rules will increase the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Christy Havel Burton also determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. Participation in adopting a policy and stocking epinephrine delivery systems is optional.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas, do not impose a cost on regulated persons, and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Manda Hall, M.D., Deputy Commissioner, Community Health Improvement Division, determined for each year of the first five years the rules are in effect, the public will benefit from safer schools and other entities authorized to administer epinephrine to a person reasonably believed to be experiencing anaphylaxis.

Christy Havel Burton also determined for the first five years the rules are in effect, persons who are required to comply with the proposed rules will not incur economic costs. Schools are not required but may choose to adopt and implement a policy regarding the maintenance, administration, and disposal of epinephrine delivery systems. If they choose to adopt and implement a policy, they may incur economic costs for medication supplies.

The cost may vary due to the following factors: (1) schools are not required to adopt a policy and stock medication and some schools may choose not to do so; (2) the recommended amount of medication to stock varies depending on the need and size of the school campus; and (3) schools may be able to obtain medications for respiratory distress at a lower cost from pharmaceutical manufacturers, non-profit organizations, or other sources.

TAKINGS IMPACT ASSESSMENT

DSHS determined the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 26R032" in the subject line.

SUBCHAPTER A. EPINEPHRINE DELIVERY SYSTEM [AUTO-INJECTOR] POLICIES IN INSTITUTIONS OF HIGHER EDUCATION

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The amendments affect Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 and §773.0145, and Texas Education Code Chapters 38 and 51.

§ 40.1. Purpose.

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of epinephrine delivery systems [auto-injectors] for an institution of higher education adopting [that adopts] unassigned epinephrine delivery system [auto-injector] policies. These standards are implemented under Texas Education Code[,] Chapter 51, Subchapter Y-1 and Texas Health and Safety Code[,] Chapter 773, Subchapter A.

§ 40.2. Voluntary Unassigned Epinephrine Delivery System [Auto-injector] Policies for an Institution of Higher Education.

An institution of higher education [(institution)] may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine delivery systems [auto-injectors] at each institution's campus. The adopted [If a written policy is adopted under this subchapter, the] policy must comply with Texas Education Code[,] §51.882 or Texas Health and Safety Code[,] §773.0145, and this subchapter.

§ 40.3. Definitions.

The following terms and phrases, when used in this subchapter, [shall] have the following meanings, unless the context clearly indicates otherwise. [:]

(1) Anaphylaxis--As defined in Texas Education Code (TEC) [,] §51.881.

(2) Authorized healthcare provider--A physician, as defined in TEC [Texas Education Code,] §51.881, or person who has been delegated prescriptive authority [by a physician] under Texas Occupations Code[,] Chapter 157 [as described in Texas Health and Safety Code, §773.0145].

(3) Campus--The physical grounds and buildings [An educational unit] under the management and control of an institution of higher education [and may include, in addition to the main campus, off-campus and secondary locations, such as branch campuses, teaching locations, regional centers, and where students are housed].

(5) [(4)] Institution of Higher Education (institution)--As defined in TEC [Texas Education Code,] §61.003(8) and (15).

(6) [(5)] Institution personnel [Personnel]--Employees [of an institution of higher education] who are authorized and trained to administer an epinephrine delivery system [auto-injectors].

(8) [(6)] Unassigned epinephrine delivery system [auto-injector]--An epinephrine delivery system [auto-injector] prescribed by an authorized healthcare provider in the name of the institution and [of higher education] issued by an authorized healthcare provider with a non-patient-specific standing delegation order for the administration of an epinephrine delivery system [auto-injector, and issued by an authorized healthcare provider].

(9) [(7)] Volunteer--A person who:

(A) is providing services for or on behalf of an institution [of higher education] on the premises of the institution's campus, at an institution [of higher education] sponsored event, or an institution [of higher education] related activity on or off institution property; [ and who]

(B) does not receive compensation more than [in excess of] reimbursement for expensesu>; and

(C) is authorized and trained to administer an epinephrine delivery system [auto-injector].

§ 40.4. Applicability.

This subchapter applies to any institution adopting and implementing [of higher education (institution) that voluntarily chooses to adopt and implement] a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine delivery systems [auto-injectors] on each institution's campus.

§ 40.5. Maintenance, Administration, and Disposal of Unassigned Epinephrine Delivery Systems [Auto-Injectors].

(a) An institution must [of higher education (institution) shall] obtain a prescription from an authorized healthcare provider each year to stock, possess, and maintain at least two doses of [one] unassigned adult epinephrine for use in an epinephrine delivery system [auto-injector pack (two doses)] on each institution's campus [as described in Texas Education Code, §51.885 and Texas Health and Safety Code, §773.0145. The number of additional adult packs may be determined by an individual campus assessment led by an authorized health-care provider, based on available resources].

(b) An institution may conduct an assessment to determine the number of additional unassigned epinephrine delivery systems needed and [performing an assessment] may consider:

(1) consultation with campus police, office of risk management, office of food services, office of housing, office of health services, or any department the institution sees fit [involved with student well-being];

(2) campus geography, including high risk areas where food exposure or environmental trigger exposure may occur; [and]

(3) student population size; and [.]

(d) [(1)] The institution must designate a [designated] campus department to coordinate and manage the unassigned epinephrine delivery system. The designated department must oversee [policy implementation that includes]:

(1) [(A)] conducting an assessment, if the unassigned epinephrine delivery system was implemented;

(2) [(B)] training [of] institution personnel and volunteers;

(3)[(C)] acquiring or purchasing, storing, and using an unassigned epinephrine delivery system [auto-injectors]; [and]

(4) [(D)] disposing of used or expired unassigned epinephrine delivery systems [auto-injectors]; and

(i) [(d)] The [policy and the] locations of the unassigned epinephrine delivery systems [auto-injector] must be publicly available[, and the unassigned epinephrine auto-injector must be stored in accordance with the manufacturer's guidelines]. The institution may develop and place a map in high-traffic areas indicating the location of the unassigned epinephrine delivery systems on campus.

(l) [(e)] The [Each public] institution [of higher education's policy] must submit a copy of and any amendment to the policy adopted by the institution [be submitted] to the Department of State Health Services (DSHS). To submit a policy or amendment, visit DSHS's School Health Program website at dshs.texas.gov. [in accordance with the DSHS procedure.]

§ 40.6. Training.

(a) Each institution adopting [of higher education (institution) that adopts] an unassigned epinephrine delivery system [auto-injector written] policy [under this subchapter] is responsible for annually training institution personnel and [institution] volunteers in [the] recognizing [of] anaphylaxis signs and symptoms and performing hands-on training for administration of an unassigned epinephrine delivery system [auto-injector].

(b) Training must meet the requirements found in Texas Education Code §51.884 and Texas Health and Safety Code §773.0145 and must [shall] be consistent with the most recent Voluntary Guidelines for Managing Food Allergies in Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention.

(c) Each institution must [shall] maintain training records. Each [and each] public institution must [shall] make available when requested [upon request] a list of the trained [those] institution personnel or [institution] volunteers [trained and authorized to administer the unassigned epinephrine auto-injector on the campus].

§ 40.7. Report on Administering Unassigned Epinephrine Delivery Systems [Auto-Injectors].

(a) [(b)] The institution must [shall] submit a report no later than 10 [the 10th] business days[day] after the date institution personnel or a [an institution] volunteer administers an unassigned epinephrine delivery system under [auto-injector in accordance with] the unassigned epinephrine delivery system [auto-injector] policy [adopted under this subchapter]. The report must [shall] be submitted to [the] institution leadership and those identified in Texas Education Code (TEC)[,] §51.883.

(b) [(c)] The institution must notify [Notifications to] the commissioner of the Department of State Health Services (DSHS) [shall be submitted] on the designated electronic form available on DSHS's School Health Program website found at www.dshs.texas.gov/texas-school-health/required-reporting-forms [dshs.texas.gov].

(c) [(d)] This section does not apply to a private or independent institution of higher education, as defined in TEC [Texas Education Code,] §61.003(15).

§ 40.8. Immunity from Liability.

A person who in good faith takes, or fails to take, any action under this subchapter or Texas Education Code (TEC) [,] Chapter 51, Subchapter Y-1 or Texas Health and Safety Code (HSC) [,] Chapter 773, Subchapter A, is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, under TEC [in accordance with the Texas Education Code,] §51.888 or HSC [Texas Health and Safety Code,] §773.0145.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2026.

TRD-202602475

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 915-8078

SUBCHAPTER B. EPINEPHRINE DELIVERY SYSTEM [AUTO-INJECTOR] POLICIES IN CERTAIN ENTITIES

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The amendments affect Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 and §773.0145, and Texas Education Code Chapters 38 and 51.

§ 40.11. Purpose.

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of epinephrine delivery systems [auto-injectors] for a certain [specified] entity adopting [that adopts] an unassigned epinephrine delivery system [auto-injector] policy. These standards are implemented under Texas Health and Safety Code[,] Chapter 773, Subchapter A.

§ 40.12. Voluntary Unassigned Epinephrine Delivery System [Auto-injector] Policies for Certain Entities.

Certain [Specified] entities may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine delivery systems [auto-injectors] at each entity's [venue's] property. The adopted policy must comply with [the standards outlined in] Texas Health and Safety Code §773.0145 and this subchapter.

§ 40.13. Definitions.

The following terms and phrases, when used in this subchapter, [shall] have the following meanings, unless the context clearly indicates otherwise.[:]

(1) Anaphylaxis--As defined in Texas Education Code (TEC) §51.881.

(2) Authorized healthcare provider--A physician or individual with [person who has been] delegated prescriptive authority [by a physician] under Texas Occupations Code Chapter 157[, as described in Texas Health and Safety Code §773.0145].

(4) [(3)] Entity personnel [Personnel]--Employees of an entity who are authorized and trained to administer epinephrine delivery systems [and volunteers of a venue].

(5) [(4)] Unassigned epinephrine delivery system [auto-injector]--An epinephrine delivery system [auto-injector] prescribed by an authorized healthcare provider in the name of the entity and [venue] issued by an authorized healthcare provider with a non-patient-specific standing order for the administration of an epinephrine delivery system [auto-injector].

(6) Volunteer--A person who:

(A) is providing services for or on behalf of an entity [a venue] on the premises of the entity [venue,] or [providing services for or on behalf of a venue] at an offsite sponsored event or related activity; [and]

(B) does not receive compensation more than [in excess of] reimbursement for expenses; and [.]

§ 40.14. Applicability.

This subchapter applies to any entity adopting and implementing [venue that voluntarily adopts and implements] a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine delivery systems [auto-injectors] at each entity [venue].

§ 40.15. Maintenance, Administration, and Disposal of Unassigned Epinephrine Delivery Systems [Auto-Injectors].

(a) An entity must [A venue shall] obtain a prescription and standing order from an authorized healthcare provider each year to stock, possess, and maintain at least two doses of [one] unassigned adult epinephrine for use in an epinephrine delivery system [auto-injector pack (two doses)] on each of the entity's properties. The entity may choose to stock unassigned pediatric epinephrine delivery system packs based on population the entity serves. [venue's property, as described in Texas Health and Safety Code §773.0145. The number of additional adult packs may be determined by an individual venue assessment led by an authorized health-care provider, based on available resources.]

(b) An entity may consider the following factors to assess and determine the number of additional unassigned epinephrine delivery systems needed [A venue performing such an assessment may consider]:

(1) input from administrators, [consultation with] office of risk management, office of food services, or any department involved with public well-being;

(2) entity [venue] geography, including high-risk [high risk] areas where food exposure or environmental trigger exposure may occur; [and]

(3) entity [venue] occupancy limit; and [.]

(d) [(1)] The entity will designate a department or administrator to coordinate and manage the unassigned epinephrine delivery system. The designated department or administrator must oversee [policy implementation, which shall include]:

(1) [(A)] conducting an assessment, if the unassigned epinephrine delivery system was implemented;

(2) [(B)] training entity [venue] personnel and volunteers;

(3) [(C)] acquiring or purchasing [(or otherwise acquiring)], storing, and using unassigned epinephrine delivery systems; [auto-injectors; and]

(4) [(D)] disposing of used or expired unassigned epinephrine delivery systems [auto-injectors]; and

(i) [(d)] The policy and the locations of the unassigned epinephrine delivery system [auto-injector] must be publicly available. The entity may develop and place a map in high-traffic areas indicating the location of the unassigned epinephrine delivery systems at the entity. [, and the unassigned epinephrine auto-injector must be stored in accordance with the manufacturer's guidelines.]

§ 40.16. Training.

(a) Each entity adopting [venue that adopts] an unassigned epinephrine delivery system [auto-injector written] policy [under this subchapter] is responsible for annually training entity [venue] personnel and [venue] volunteers in [the] recognizing [of] anaphylaxis signs and symptoms and performing hands-on training for administration of an unassigned epinephrine delivery system [auto-injector].

(b) Training must meet the requirements found in Texas Health and Safety Code §773.0145 and must [shall] be consistent with the most recent Voluntary Guidelines for Managing Food Allergies in Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention.

(c) Each entity must [venue shall] maintain training records. Each entity must [and each venue shall] make available when requested [upon request] a list of trained entity [those venue] personnel or [venue] volunteers [trained and authorized to administer the unassigned epinephrine auto-injector on the venue's property].

§ 40.17. Report on Administering Unassigned EpinephrineDelivery Systems [Auto-Injectors].

(a) The entity must [venue that adopts a policy for administering unassigned epinephrine auto-injectors shall] submit a report no later than 10 [the 10th] business days [day] after the date an entity personnel or volunteer administers an unassigned epinephrine delivery system [auto-injection is administered, in accordance with the unassigned epinephrine auto-injector policy adopted under this subchapter]. The report must [shall] be submitted to entity leadership, the prescribing authorized healthcare provider, and the Department of State Health Services (DSHS).

(c) [(b)] The entity must notify [Notifications to] the commissioner of DSHS [shall be submitted] on the designated electronic form available on the DSHS School Health Program website, available at www.dshs.texas.gov/texas-school-health/required-reporting-forms. [dshs.texas.gov. ]

§ 40.18. Immunity from Liability.

A person who in good faith takes, or fails to take, any action under this subchapter or Texas Health and Safety Code (HSC) [,] Chapter 773, Subchapter A, is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, under HSC [in accordance with the Texas Health and Safety Code] §773.0145.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2026.

TRD-202602476

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 915-8078

SUBCHAPTER C. EPINEPHRINE AUTO-INJECTOR POLICIES IN YOUTH FACILITIES

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The repeals affect Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 and §773.0145, and Texas Education Code Chapters 38 and 51.

§ 40.21. Purpose.

§ 40.22. Voluntary Unassigned Epinephrine Auto-injector Policies for Youth Facilities.

§ 40.23. Definitions.

§ 40.24. Applicability.

§ 40.25. Maintenance, Administration, and Disposal of Unassigned Epinephrine Auto-Injectors.

§ 40.26. Training.

§ 40.27. Report on Administering Unassigned Epinephrine Auto-Injectors.

§ 40.28. Immunity from Liability.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2026.

TRD-202602477

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 915-8078

SUBCHAPTER E. EPINEPHRINE DELIVERY SYSTEM [AUTO-INJECTOR] POLICIES IN SCHOOLS

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The amendments affect Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 and §773.0145, and Texas Education Code Chapters 38 and 51.

§ 40.61. Purpose.

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of epinephrine delivery systems [auto-injectors] in school districts, open-enrollment charter schools, and private schools adopting unassigned epinephrine delivery system [auto-injector] policies. These standards are implemented under Texas Education Code Chapter 38, Subchapter E.

§ 40.62. Voluntary Unassigned Epinephrine Delivery System [Auto-Injector] Policies for School Districts, Open-enrollment Charter Schools, and Private Schools.

(a) A school district, open-enrollment charter school, or private school may adopt and implement a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine delivery systems [auto-injectors] at each school campus.

(b) A voluntarily adopted [If a written policy is adopted under this subchapter, the] policy must comply with Texas Education Code (TEC) §38.208 and this subchapter.

(c) A school district, [or] open-enrollment charter school, or private school adopting and implementing [that chooses to adopt and implement] a written unassigned epinephrine delivery system [auto-injector] policy under TEC[Texas Education Code] Chapter 38, Subchapter E, and this subchapter, is not required to create an additional policy for care of certain students at risk for anaphylaxis under TEC [Texas Education Code] §38.0151.

§ 40.63. Definitions.

The following terms and phrases, when used in this subchapter, [shall] have the following meanings, unless the context clearly indicates otherwise. [:]

(1) [(2)] Anaphylaxis--As defined in Texas Education Code (TEC) §38.201.

(2) [(3)] Authorized healthcare provider--A physician, as defined in TEC §38.201, or person who has been delegated prescriptive authority under Texas Occupations Code Chapter 157.

(3) [(4)] Campus--The physical grounds and buildings under the management and control [A unit] of a school district, open-enrollment charter school, or private school that: [with]

(A) has an assigned administrator; [,]

(B) has enrolled students; [who are counted for average daily attendance,]

(C) has assigned instructional staff; [,]

(D) provides instructional services to students; [,]

(E) has one or more grades in the range from early childhood education through grade 12; [or is ungraded,] and

(F) is subject to [complies with relevant] Texas laws.

(5) Open-enrollment charter school--A school granted a charter under TEC Chapter 12, Subchapter D. [As defined in Texas Education Code §38.151.]

(6) [(7)] Private school--As defined in TEC [Texas Education Code] §38.201.

(8) School nurse--As defined in 19 Texas Administrative Code §153.1022.

(9) School personnel--As defined in TEC [Texas Education Code] §38.201 who is also authorized and trained to administer an epinephrine delivery system.

(10) School volunteer--As defined in TEC [Texas Education Code] §22.053 who is also authorized and trained to administer an epinephrine delivery system.

(11) Unassigned epinephrine delivery system [auto-injector]--An epinephrine delivery system [auto-injector] prescribed by an authorized healthcare provider in the name of the school and issued by an authorized healthcare provider with a non-patient-specific standing delegation order for the administration of an epinephrine delivery system. [auto-injector, issued by a physician or person who has been delegated prescriptive authority under Texas Occupations Code Chapter 157.]

§ 40.64. Applicability.

This subchapter applies to any school district, open-enrollment charter school, or private school voluntarily adopting [choosing to adopt] and implementing [implement] a written policy regarding the maintenance, administration, and disposal of unassigned epinephrine delivery systems [auto-injectors] on each school campus.

§ 40.65. Maintenance, Administration, and Disposal of Unassigned Epinephrine Delivery Systems [Auto-Injectors].

(a) A school district, open-enrollment charter school, or private school must [shall] obtain a prescription from an authorized healthcare provider each year, to stock, possess, and maintain at least two doses of [one] unassigned adult epinephrine delivery system [auto-injector pack (two doses)] on each school campus as described in Texas Education Code (TEC) §38.211.

(1) A school campus may choose to stock unassigned pediatric epinephrine delivery system [auto-injector] packs, based on the need of the school's population.

(2) A school district or the governing body of an open-enrollment charter school or private school may develop, as part of the policy, provisions for additional doses to be stocked and utilized at off campus school events, or in transit to or from school events.

(b) Each school district superintendent, open-enrollment charter school administrator, or private school administrator will designate [ appropriate] school personnel to coordinate and manage the unassigned epinephrine delivery system policy implementation. The designated school personnel must oversee the: [, including]

(1) training of school personnel or school volunteers; [, and the]

(2) acquiring or purchasing, storing, and using the unassigned epinephrine delivery system; [acquisition or purchase, usage,]

(3) disposing [expiration, and disposal] of used or expired unassigned epinephrine delivery systems; [auto-injectors. Throughout the school calendar year, the designated school personnel must coordinate with each campus to ensure the unassigned epinephrine auto-injectors are checked monthly for expiration and usage and the findings are documented.]

(c) At least one school personnel or one school volunteer [who is] authorized and trained to administer an unassigned epinephrine delivery system [auto-injector] must be present on campus during school hours. [all hours the campus is open for school-sponsored activities.]

(e) [(d)] School personnel or school volunteers [who are trained and authorized] may administer an unassigned epinephrine delivery system [auto-injector] to a person who is reasonably believed to be experiencing anaphylaxis on a school campus, and off-campus school event, or while in transit to or from a school event. [, or as indicated in the school's unassigned epinephrine auto-injector policy.]

(f) [(e)] Schools must immediately notify local EMS [Local emergency medical services must be promptly notified by the school] when a person [an individual] is suspected of experiencing anaphylaxis and when an unassigned epinephrine delivery system [auto-injector] is administered. If the [trained] school personnel or school volunteer is the only trained individual available to notify EMS [emergency medical services], the trained individual must [should] administer the unassigned epinephrine delivery system [auto-injector] before notifying EMS. [emergency medical services.]

(g) [(f)] Schools must notify the [The] parent, legal guardian, or emergency contact after notifying local EMS[must be promptly notified by the school] when a person is suspected of experiencing anaphylaxis and when an epinephrine delivery system is administered [an unassigned epinephrine auto-injector is utilized on their child as soon as feasible during the emergency response to suspected anaphylaxis]. School records of the administration of the unassigned epinephrine delivery system [auto-injector] and suspected anaphylaxis must be provided to the parent or legal guardian when requested [of the recipient upon request].

(h) [(g)] Schools must retain records [Records] relating to implementing and administering [implementation and administration of] the school's unassigned epinephrine delivery system [auto-injector] policy under [shall be retained per] the record retention schedule for records of public school districts found in 13 TAC §7.131 (relating to Local Schedule SD: Records of Public School Districts) [Texas Administrative Code §7.125].

(i) [(h)] Unassigned epinephrine delivery systems must [auto-injectors shall] be stored in a secure, easily accessible, and clearly labeled area for an emergency, under [in accordance with] the manufacturer's guidelines. The [It is recommended the] school administrator or designated school personnel may develop and place a map [to be placed] in high-traffic [high traffic] areas indicating the location of the unassigned epinephrine delivery systems [auto-injectors] on each school campus. [It is recommended the map also indicate the locations of the automated external defibrillator.]

(j) [(i)] The school district, open-enrollment charter school, or private school must [shall] develop a plan to replace, as soon as practicable [reasonably possible], any unassigned epinephrine delivery system [auto-injector] used or close to expiration.

(k) [(j)] Used unassigned epinephrine delivery systems must [auto-injectors shall] be considered infectious waste and must [shall] be disposed of according to the school's bloodborne pathogen control policy.

(l) [(k)] Expired unassigned epinephrine delivery systems must [auto-injectors shall] be disposed of according to the Food and Drug Administration's disposal of unused medications guidelines and the school's medication disposal policy.

§ 40.66. Assignment and Recruitment of School Personnel and School Volunteers [to be] Trained to Administer Epinephrine Delivery Systems [Auto-Injectors].

(a) Each school may adopt [At each school campus adopting] an unassigned epinephrine delivery system [auto-injector] policy that requires training for school personnel or school volunteers to administer unassigned epinephrine delivery systems. [, the school principal may:]

(b) Schools [In order to increase the number of trained individuals in the administration of unassigned epinephrine auto-injectors, schools] may distribute to school personnel and school volunteers in the school district, open-enrollment charter school, or private school, at least once per school year, a notice including:

(1) a [description of the] request seeking school personnel and school volunteers who are [to be] trained or willing to be trained to administer an epinephrine delivery system [auto-injector] to a person [believed to be] experiencing anaphylaxis; and

(2) a description of the training [the school personnel or school volunteers will receive] in the administration of unassigned epinephrine delivery systems [with an auto-injector].

(c) Trained school personnel or school volunteers who administer the unassigned epinephrine delivery system [auto-injector] must submit a signed statement agreeing [indicating they agree] to perform the service of administering an unassigned epinephrine delivery system [auto-injector] to a person [student or individual] who may be experiencing anaphylaxis.

§ 40.67. Training.

Each school district, open-enrollment charter school, or private school adopting [that adopts] an unassigned epinephrine delivery system [auto-injector written] policy [under this subchapter] is responsible for training school personnel and school volunteers in recognizing [the recognition of] anaphylaxis signs and symptoms and performing hands-on training for administration of an unassigned epinephrine delivery system [auto-injector]. Each trained [assigned] school personnel or school volunteer must [shall] receive initial training and [an] annual refresher training. Training must [shall] be consistent with the most recent Voluntary Guidelines for Managing Food Allergies in Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention.

(1) Training may be [provided in] a formal face-to-face training session or through an online education course.

(2) Training [required under this subchapter] must meet the requirements found in Texas Education Code §38.210 and include information on properly inspecting unassigned epinephrine delivery systems [auto-injectors] for usage and expiration.

(3) Initial [The initial] training must include hands-on training with an epinephrine delivery system [auto-injector] trainer.

(4) Annual [The annual] refresher training may [must] include a hands-on demonstration of administration skills.

(5) Training [The training] must also include information about immediately [promptly] notifying local emergency medical services.

(6) Each school campus must maintain training records. Each school campus must [and] make available when requested [upon request] a list of trained [those] school personnel or school volunteers [trained and authorized to administer the unassigned epinephrine auto-injector on the campus].

§ 40.68. Report on Administering Epinephrine Delivery Systems [Auto-Injectors].

(a) The school must submit a report [A report must be submitted by the school] no later than 10 [the 10th] business days [day] after the date school personnel or a school volunteer administers an unassigned epinephrine delivery system [auto-injector in accordance with the unassigned epinephrine auto-injector policy adopted under this subchapter]. The report must [shall] be submitted to [the] individuals and entities identified in Texas Education Code §38.209, including the commissioner of the Department of State Health Services (DSHS).

(b) Institutions must notify [Notifications to] the commissioner of DSHS [shall be submitted] on the designated electronic form available on the DSHS School Health Program website found at www.dshs.texas.gov/texas-school-health/required-reporting-forms. [dshs.texas.gov.]

§ 40.69. Notice to Parents Regarding Unassigned Epinephrine Delivery System [Auto-Injector] Policies in Schools.

(a) If a school district, open-enrollment charter school, or private school implements an unassigned epinephrine delivery system [auto-injector] policy [under this subchapter], the district or school must [shall] provide written [or electronic] notice to a parent or legal guardian of each student enrolled in the district or school under [in accordance with] Texas Education Code §38.212.

(b) If a school district, open-enrollment charter school, or private school changes or discontinues the policy [under this subchapter], written [or electronic] notice detailing the change or discontinuation must be provided to a parent or legal guardian of each student enrolled in the district or school within 15 calendar days.

§ 40.70. Gifts, Grants, and Donations.

A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, federal funds, and local funds to implement the unassigned epinephrine delivery system [auto-injector] policy under [in accordance with] Texas Education Code §38.213.

§ 40.71. Immunity from Liability.

A person who in good faith takes, or fails to take, any action under this subchapter or Texas Education Code (TEC) Chapter 38, Subchapter E, is immune from civil or criminal liability or disciplinary action resulting from action or a failure to act under [in accordance with the Texas Education Code] §38.215.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2026.

TRD-202602478

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 915-8078

SUBCHAPTER F. OPIOID ANTAGONIST MEDICATION REQUIREMENTS IN SCHOOLS

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The amendments affect Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 and §773.0145, and Texas Education Code Chapters 38 and 51.

§ 40.81. Purpose.

The purpose of this subchapter is to establish minimum standards for administering, maintaining, and disposing of opioid antagonist medication in school districts, open-enrollment charter schools, and private schools adopting an opioid antagonist medication policy [medicine policies]. These standards are implemented under Texas Education Code Chapter 38, Subchapter E-1.

§ 40.82. Definitions.

The following terms and phrases, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. [:]

(1) [(2)] Authorized healthcare provider--A physician, as defined in Texas Education Code (TEC) §38.221 [§38.201], or person who has been delegated prescriptive authority by a physician under Texas Occupations Code Chapter 157.

(2) [(3)] Campus--The physical grounds and buildings under the management and control [A unit] of a school district, open-enrollment charter school, or private school that: [with]

(A) has an assigned administrator; [,]

(B) has enrolled students who are counted for average daily attendance; [,]

(C) has assigned instructional staff; [,]

(D) provides instructional services to students; [,]

(E) has one or more grades in the range from early childhood education through grade 12 ; [or is ungraded,] and

(F) is subject to [complies with relevant] Texas laws.

(3) [(4)] Open-enrollment charter school--A school granted a charter under TEC Chapter 12, Subchapter D [As defined in Texas Education Code §38.151].

(4) [(5)] Opioid antagonist--As defined in Texas Health and Safety Code (HSC) §483.101[, any drug that binds to opioid receptors and blocks or otherwise inhibits the effects of opioids acting on those receptors].

(6) Opioid-related drug overdose--As defined in HSC [Texas Health and Safety Code] §483.101[, a condition, evidenced by symptoms of extreme physical illness, decreased level of consciousness, constriction of the pupils, respiratory depression, or coma, that a layperson would reasonably believe to be the result of the consumption or use of an opioid].

(8) [(7)] Private school--As defined in TEC [Texas Education Code] §38.201.

(9) [(8)] School personnel--As defined in TEC [Texas Education Code] §38.201 who is also authorized and trained to administer an opioid antagonist.

(10) [(9)] School volunteer--As defined in TEC [Texas Education Code] §22.053 who is also authorized and trained to administer an opioid antagonist.

§ 40.83. Applicability.

This subchapter applies to any school district, open-enrollment charter school, or private school voluntarily adopting and implementing a written policy regarding the maintenance, administration, and disposal of opioid antagonist medication on a campus [or campuses].

§ 40.84. Required and Voluntary Opioid Antagonist Policies.

(a) A [Each] school district must adopt and implement an opioid antagonist medication [a] policy [regarding the maintenance, administration, and disposal of opioid antagonists] at each campus in the district serving students in grades 6 through 12. [and]

(b) A school district may [voluntarily] adopt and implement an opioid antagonist medication policy at each campus in the district [such a policy at each campus in the district, including campuses] serving students in a grade level below grade 6.

(c) [(b)] An open-enrollment charter school or private school may adopt and implement an opioid antagonist medication [a] policy [regarding the maintenance, administration, and disposal of opioid antagonists]. If an open-enrollment charter school or private school adopts an [a policy under this subchapter, the] opioid antagonist medication policy, it must comply with [the] Texas Education Code §38.222. The policy may apply:

(1) only at campuses of the school serving students in grades 6 through 12; or

(2) at each campus of the school, including campuses serving students in a grade level below grade 6.

§ 40.85. Maintenance, Administration, and Disposal of Opioid Antagonist Medication.

(a) Once a school district, open-enrollment charter school, or private school adopts an opioid antagonist medication policy, a campus implementing an opioid antagonist medication policy must stock opioid antagonist medication as defined by §40.84 of this subchapter (relating to Required and Voluntary Opioid Antagonist Policies).

(b) A school district, open-enrollment charter school, or private school must obtain a prescription from an authorized healthcare provider each year to stock, possess, and maintain at least two doses of opioid antagonist medication on each school campus. The number of additional doses may be determined by an individual campus review led by an authorized healthcare provider [campus must obtain a prescription from a physician or a person who has been delegated prescriptive authority to stock, possess, and maintain the established number of doses of opioid antagonists as determined by a school district, on each campus] as described in Texas Education Code (TEC) §38.225.

(f) [(c)] The authorized healthcare provider prescribing the [A physician or other person who has been delegated prescriptive authority under Texas Occupations Code Chapter 157 and prescribes] opioid antagonist medication under subsection (a) of this section[,] must provide [the school district, open-enrollment charter school, or private school] a standing order for administration of an opioid antagonist medication to a person who is reasonably believed to be experiencing an opioid-related drug overdose. The prescription and standing order must comply with TEC [the Texas Education Code] §38.225.

(g) [(d)] Schools may store the [The unassigned] opioid antagonist medication [must be stored] in a secure, [location and be] easily accessible, and clearly labeled area for an emergency, under [, in accordance with ] the manufacturer's guidelines [and local policy of the school district, open-enrollment charter school, or private school].

(j) [(e)] Used[, unassigned] opioid antagonist medications must be [antagonists are] considered infectious waste and must be disposed of according to the school's blood borne [blood-borne] pathogen control policy.

(k) [(f)] Expired[, unassigned] opioid antagonist medications [antagonists] must be disposed of according to [in accordance with] the Food and [Federal] Drug Administration's disposal of unused medications guidelines and the school's medication disposal policy [local policy of the school district, open-enrollment charter school, or private school].

§ 40.86. Training.

(a) Each school district, open-enrollment charter school, and private school adopting an [a written unassigned] opioid antagonist policy under Texas Education Code (TEC) §38.222[,] is responsible for training school personnel and school volunteers in the administration of an opioid antagonist medication.

(b) Training under this subchapter must:

(1) include information on:

(A) recognizing the signs and symptoms of an opioid-related drug overdose;

(B) responding to an opioid-related drug overdose and administering an opioid antagonist medication;

(C) implementing emergency procedures, after administering an opioid antagonist medication;

(D) understanding the medical purpose and misuse of opioids; [and]

(E) properly disposing of used or expired opioid antagonists medications; and

(2) occur [be provided] annually in a formal training session or through online education, including practicing the administration of an opioid antagonist medication with an opioid antagonist trainer device; and

(3) be provided under [in accordance with] the policy adopted under TEC [Texas Education Code] §21.4515.

(c) Each school campus must maintain training records. Each school campus [and] must make available when requested [upon request] a list of trained school personnel and school volunteers [who are trained and authorized to administer the unassigned opioid antagonist medication on the campus].

§ 40.87. Report on Administering Unassigned Opioid Antagonist Medication.

(a) [(b)] The school [campus] must submit a [the] report no later than 10 [the 10th] business days [day] after the date [a] school personnel [member] or a school volunteer administers an opioid antagonist medication [in accordance with the unassigned opioid antagonist medication policy adopted under this subchapter]. The report must [shall] be submitted to the individuals and entities identified in Texas Education Code §38.223, including the commissioner of the Department of State Health Services (DSHS). [:]

(b) [(c)] Schools must notify [Notifications to] the commissioner of DSHS [must be submitted] on the designated electronic form available on DSHS School Health Program website found at www.dshs.texas.gov/texas-school-health/required-reporting-forms [dshs.texas.gov].

§ 40.88. Gifts, Grants, and Donations.

A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, federal funds, and local funds to implement the opioid antagonist medication policy [this subchapter].

§ 40.89. Immunity from Liability.

A person who in good faith takes, or fails to take, any action under this subchapter, or Texas Education Code (TEC) Chapter 38, Subchapter E-1, is immune from civil or criminal liability or disciplinary action resulting from action or a failure to act under TEC [in accordance with Texas Education Code] §38.227.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 17, 2026.

TRD-202602479

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 915-8078

PART 4. ANATOMICAL BOARD OF THE STATE OF TEXAS

CHAPTER 471. OFFICERS

The Texas Funeral Service Commission (Commission), as the successor agency to the regulatory functions formerly performed by the Anatomical Board of the State of Texas, proposes the repeal of Title 25, Part 4, Chapter 471, comprised of §§471.1 - 471.4. The Commission is concurrently proposing to repeal every section of Part 4 (the rules of the Anatomical Board of the State of Texas).

BACKGROUND AND PURPOSE

Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission, created the State Anatomical Advisory Committee, and ended the separate regulatory role of the Anatomical Board of the State of Texas. Following that transfer, the regulatory framework is administered by the Commission under Chapter 691, Health and Safety Code, and Chapter 651, Occupations Code.

The rules in Title 25, Part 4 govern only the internal governance and operations of the former Anatomical Board, including the election, terms, and duties of the chair, vice chair, and secretary-treasurer (Chapter 471). Because the Anatomical Board no longer functions as a regulatory body and its functions have been transferred to the Commission, these provisions are obsolete. The Commission proposes to repeal Chapter 471 in its entirety to remove obsolete rules from the Texas Administrative Code.

SECTION-BY-SECTION SUMMARY

The proposed repeal removes the following sections, each of which addresses the internal operation of the former Anatomical Board and is obsolete following the transfer of regulatory authority to the Commission:

Chapter 471 Officers. Repeals §471.1 (Chair of the Board), §471.2 (Vice Chairman of the Board), §471.3 (Secretary-Treasurer of the Board), and §471.4 (Eligibility for Re-Election).

FISCAL NOTE

Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.

PUBLIC BENEFIT AND COST NOTE

Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the regulatory framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of obsolete provisions that reference a board and offices that no longer exist, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.

LOCAL EMPLOYMENT IMPACT STATEMENT

The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

COSTS TO REGULATED PERSONS

The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:

(1) the proposed repeal does not create or eliminate a government program; the regulatory functions associated with these rules were transferred to the Commission, and the separate regulatory role of the Anatomical Board of the State of Texas was ended, by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, not by this proposal;

(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;

(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;

(5) the proposed repeal does not create a new regulation;

(6) the proposed repeal repeals existing regulations (Chapters 471);

(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and

(8) the proposed repeal does not positively or negatively affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.

MAJOR ENVIRONMENTAL RULE

The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by Chapter 651; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens. The repeal is further proposed to implement Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and ended the separate regulatory role of the Anatomical Board of the State of Texas.

CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code Chapter 691 and Texas Occupations Code Chapter 651.

§ 471.1. Chair of the Board.

§ 471.2. Vice Chairman of the Board.

§ 471.3. Secretary-Treasurer of the Board.

§ 471.4. Eligibility for Re-Election.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602551

Maria Haynes

Interim Executive Director

Anatomical Board of the State of Texas

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 936-2488

CHAPTER 473. EXECUTIVE COMMITTEE

The Texas Funeral Service Commission (Commission), as the successor agency to the regulatory functions formerly performed by the Anatomical Board of the State of Texas, proposes the repeal of Title 25, Part 4, Chapter 473, comprised of §473.1. The Commission is concurrently proposing to repeal every section of Part 4 (the rules of the Anatomical Board of the State of Texas).

BACKGROUND AND PURPOSE

Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission, created the State Anatomical Advisory Committee, and ended the separate regulatory role of the Anatomical Board of the State of Texas. Following that transfer, the regulatory framework is administered by the Commission under Chapter 691, Health and Safety Code, and Chapter 651, Occupations Code.

The rules in Title 25, Part 4 govern only the internal governance and operations of the former Anatomical Board, including the composition and authority of the executive committee (Chapter 473). Because the Anatomical Board no longer functions as a regulatory body and its functions have been transferred to the Commission, these provisions are obsolete. The Commission proposes to repeal Chapter 473 in its entirety to remove obsolete rules from the Texas Administrative Code.

SECTION-BY-SECTION SUMMARY

The proposed repeal removes the following sections, each of which addresses the internal operation of the former Anatomical Board and is obsolete following the transfer of regulatory authority to the Commission:

Chapter 473 Executive Committee. Repeals §473.1 (Executive Committee).

FISCAL NOTE

Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.

PUBLIC BENEFIT AND COST NOTE

Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the regulatory framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of obsolete provisions that reference a board and offices that no longer exist, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.

LOCAL EMPLOYMENT IMPACT STATEMENT

The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

COSTS TO REGULATED PERSONS

The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:

(1) the proposed repeal does not create or eliminate a government program; the regulatory functions associated with these rules were transferred to the Commission, and the separate regulatory role of the Anatomical Board of the State of Texas was ended, by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, not by this proposal;

(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;

(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;

(5) the proposed repeal does not create a new regulation;

(6) the proposed repeal repeals existing regulations (Chapter 473);

(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and

(8) the proposed repeal does not positively or negatively affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.

MAJOR ENVIRONMENTAL RULE

The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by Chapter 651; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens. The repeal is further proposed to implement Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and ended the separate regulatory role of the Anatomical Board of the State of Texas.

CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code Chapter 691 and Texas Occupations Code Chapter 651.

§ 473.1. Executive Committee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602552

Maria Haynes

Interim Executive Director

Anatomical Board of the State of Texas

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 936-2488

CHAPTER 475. MEETINGS

The Texas Funeral Service Commission (Commission), as the successor agency to the regulatory functions formerly performed by the Anatomical Board of the State of Texas, proposes the repeal of Title 25, Part 4, Chapter 475, comprised of §§475.1 - 475.5. The Commission is concurrently proposing to repeal every section of Part 4 (the rules of the Anatomical Board of the State of Texas).

BACKGROUND AND PURPOSE

Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission, created the State Anatomical Advisory Committee, and ended the separate regulatory role of the Anatomical Board of the State of Texas. Following that transfer, the regulatory framework is administered by the Commission under Chapter 691, Health and Safety Code, and Chapter 651, Occupations Code.

The rules in Title 25, Part 4 govern only the internal governance and operations of the former Anatomical Board, including regular and special meetings, meetings of the executive committee, meeting requirements and quorum, and reimbursement for travel to meetings (Chapter 475). Because the Anatomical Board no longer functions as a regulatory body and its functions have been transferred to the Commission, these provisions are obsolete. The Commission proposes to repeal Chapter 475 in its entirety to remove obsolete rules from the Texas Administrative Code.

SECTION-BY-SECTION SUMMARY

The proposed repeal removes the following sections, each of which addresses the internal operation of the former Anatomical Board and is obsolete following the transfer of regulatory authority to the Commission:

Chapter 475 Meetings. Repeals §475.1 (Regular Meetings), §475.2 (Special Meetings), §475.3 (Meetings of the Executive Committee), §475.4 (Meeting Requirements and Quorum), and §475.5 (Reimbursement for Travel to Meetings).

FISCAL NOTE

Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.

PUBLIC BENEFIT AND COST NOTE

Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the regulatory framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of obsolete provisions that reference a board and offices that no longer exist, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.

LOCAL EMPLOYMENT IMPACT STATEMENT

The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

COSTS TO REGULATED PERSONS

The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:

(1) the proposed repeal does not create or eliminate a government program; the regulatory functions associated with these rules were transferred to the Commission, and the separate regulatory role of the Anatomical Board of the State of Texas was ended, by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, not by this proposal;

(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;

(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;

(5) the proposed repeal does not create a new regulation;

(6) the proposed repeal repeals existing regulations (Chapter 475);

(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and

(8) the proposed repeal does not positively or negatively affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.

MAJOR ENVIRONMENTAL RULE

The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by Chapter 651; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens. The repeal is further proposed to implement Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and ended the separate regulatory role of the Anatomical Board of the State of Texas.

CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code Chapter 691 and Texas Occupations Code Chapter 651.

§ 475.1. Regular Meetings.

§ 475.2. Special Meetings.

§ 475.3. Meetings of the Executive Committee.

§ 475.4. Meeting Requirements and Quorum.

§ 475.5. Reimbursement for Travel to Meetings.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602553

Maria Haynes

Interim Executive Director

Anatomical Board of the State of Texas

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 936-2488

CHAPTER 483. HEARING PROCEDURES

The Texas Funeral Service Commission (Commission), as the successor agency to the regulatory functions formerly performed by the Anatomical Board of the State of Texas, proposes the repeal of Title 25, Part 4, Chapter 483, comprised of §483.1. The Commission is concurrently proposing to repeal every section of Part 4 (the rules of the Anatomical Board of the State of Texas).

BACKGROUND AND PURPOSE

Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission, created the State Anatomical Advisory Committee, and ended the separate regulatory role of the Anatomical Board of the State of Texas. Following that transfer, the regulatory framework is administered by the Commission under Chapter 691, Health and Safety Code, and Chapter 651, Occupations Code.

The rules in Title 25, Part 4 govern only the internal governance and operations of the former Anatomical Board, including hearing procedures (Chapter 483). Because the Anatomical Board no longer functions as a regulatory body and its functions have been transferred to the Commission, these provisions are obsolete. The Commission proposes to repeal Chapter 483 in its entirety to remove obsolete rules from the Texas Administrative Code.

SECTION-BY-SECTION SUMMARY

The proposed repeal removes the following sections, each of which addresses the internal operation of the former Anatomical Board and is obsolete following the transfer of regulatory authority to the Commission:

Chapter 483 Hearing Procedures. Repeals §483.1 (Hearing Procedures), which provided for hearings before the former board under Health and Safety Code §691.034; hearings are now governed by Health and Safety Code §691.034(d).

FISCAL NOTE

Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.

PUBLIC BENEFIT AND COST NOTE

Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the regulatory framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of obsolete provisions that reference a board and offices that no longer exist, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.

LOCAL EMPLOYMENT IMPACT STATEMENT

The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

COSTS TO REGULATED PERSONS

The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:

(1) the proposed repeal does not create or eliminate a government program; the regulatory functions associated with these rules were transferred to the Commission, and the separate regulatory role of the Anatomical Board of the State of Texas was ended, by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, not by this proposal;

(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;

(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;

(5) the proposed repeal does not create a new regulation;

(6) the proposed repeal repeals existing regulations (Chapter 483);

(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and

(8) the proposed repeal does not positively or negatively affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.

MAJOR ENVIRONMENTAL RULE

The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by Chapter 651; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens. The repeal is further proposed to implement Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and ended the separate regulatory role of the Anatomical Board of the State of Texas.

CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code Chapter 691 and Texas Occupations Code Chapter 651.

§ 483.1. Hearing Procedures.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602554

Maria Haynes

Interim Executive Director

Anatomical Board of the State of Texas

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 936-2488

CHAPTER 485. AUDIT PROCEDURES

The Texas Funeral Service Commission (Commission), as the successor agency to the regulatory functions formerly performed by the Anatomical Board of the State of Texas, proposes the repeal of Title 25, Part 4, Chapter 485, comprised of §485.1. The Commission is concurrently proposing to repeal every section of Part 4 (the rules of the Anatomical Board of the State of Texas).

BACKGROUND AND PURPOSE

Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission, created the State Anatomical Advisory Committee, and ended the separate regulatory role of the Anatomical Board of the State of Texas. Following that transfer, the regulatory framework is administered by the Commission under Chapter 691, Health and Safety Code, and Chapter 651, Occupations Code.

The rules in Title 25, Part 4 govern only the internal governance and operations of the former Anatomical Board, including audit procedures for member institutions (Chapter 485). Because the Anatomical Board no longer functions as a regulatory body and its functions have been transferred to the Commission, these provisions are obsolete. The Commission proposes to repeal Chapter 485 in its entirety to remove obsolete rules from the Texas Administrative Code.

SECTION-BY-SECTION SUMMARY

The proposed repeal removes the following sections, each of which addresses the internal operation of the former Anatomical Board and is obsolete following the transfer of regulatory authority to the Commission:

Chapter 485 Audit Procedures. Repeals §485.1 (Audit Procedures), which is superseded by the Commission's inspection and verification authority under Health and Safety Code §691.034.

FISCAL NOTE

Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.

PUBLIC BENEFIT AND COST NOTE

Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the regulatory framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of obsolete provisions that reference a board and offices that no longer exist, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.

ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.

LOCAL EMPLOYMENT IMPACT STATEMENT

The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

COSTS TO REGULATED PERSONS

The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:

(1) the proposed repeal does not create or eliminate a government program; the regulatory functions associated with these rules were transferred to the Commission, and the separate regulatory role of the Anatomical Board of the State of Texas was ended, by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, not by this proposal;

(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;

(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;

(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;

(5) the proposed repeal does not create a new regulation;

(6) the proposed repeal repeals existing regulations (Chapters 485);

(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and

(8) the proposed repeal does not positively or negatively affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.

MAJOR ENVIRONMENTAL RULE

The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.

REQUEST FOR PUBLIC COMMENT

Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by Chapter 651; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens. The repeal is further proposed to implement Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which transferred the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and ended the separate regulatory role of the Anatomical Board of the State of Texas.

CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code Chapter 691 and Texas Occupations Code Chapter 651.

§ 485.1. Audit Procedures.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602555

Maria Haynes

Interim Executive Director

Anatomical Board of the State of Texas

Earliest possible date of adoption: August 2, 2026

For further information, please call: (512) 936-2488