TRANSFERRED RULES

Department of Family and Protective Services

Rule Transfer

During the 85th Legislative Session, the Texas Legislature passed House Bill 5, directing that the Texas Department of Family and Protective Services (DFPS) become a stand-alone agency that is separate from the Texas Health and Human Services System (HHSC), in order to improve DFPS services and increase accountability by the department.

As a result, some functions provided by HHSC will be returned to DFPS while other functions will continue to be provided by HHSC through interagency agreements. The HHSC rules in Title 1, Part 15, Chapter 355, Subchapter H, concerning Reimbursement Methodology for 24-Hour Child Care Facilities are being returned to DFPS and will be transferred and reorganized under Title 40, Part 19, Chapter 700, Subchapter Q, new Division 3, concerning Reimbursement Methodology for 24-Hour Child Care Facilities.

The rules will be transferred in the Texas Administrative Code effective November 15, 2017.

The following conversion chart outlines the rule transfer:

Figure: 1 TAC Chapter 355

TRD-201704296


Texas Health and Human Services Commission

Rule Transfer

During the 85th Legislative Session, the Texas Legislature passed House Bill 5, directing that the Texas Department of Family and Protective Services (DFPS) become a stand-alone agency that is separate from the Texas Health and Human Services System (HHSC), in order to improve DFPS services and increase accountability by the department.

As a result, some functions provided by HHSC will be returned to DFPS while other functions will continue to be provided by HHSC through interagency agreements. The HHSC rules in Title 1, Part 15, Chapter 355, Subchapter H, concerning Reimbursement Methodology for 24-Hour Child Care Facilities are being returned to DFPS and will be transferred and reorganized under Title 40, Part 19, Chapter 700, Subchapter Q, new Division 3, concerning Reimbursement Methodology for 24-Hour Child Care Facilities.

The rules will be transferred in the Texas Administrative Code effective November 15, 2017.

The following conversion chart outlines the rule transfer:

Figure: 1 TAC Chapter 355

TRD-201704295


Department of State Health Services

Rule Transfer

During the 84th Legislative Session, the Texas State Legislature passed Senate Bill 202, which in part transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 2, the following six programs are being transferred from DSHS to the Commission and the Department: Laser Hair Removal, Texas Health and Safety Code, Chapter 401, §§401.501 - 401.522; Massage Therapy, Texas Occupations Code, Chapter 455; Code Enforcement Officers, Texas Occupations Code, Chapter 1952; Sanitarians, Texas Occupations Code, Chapter 1953; Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and Offender Education Programs, Alcoholic Beverage Code, Chapter 106, §106.115 (Alcohol Education Program for Minors); Transportation Code, Chapter 521, §§521.374 - 521.376 (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, §13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, §130)) (DWI Intervention Program).

The statutory amendments transferring regulation of these six Phase 2 programs took effect on September 1, 2017. To comply with Senate Bill 202, the following DSHS rules will be transferred effective November 17, 2017:

Figure: 16 TAC Chapter 145 (.pdf)

Figure: 16 TAC Chapter 146 (.pdf)

Figure: 16 TAC Chapter 147 (.pdf)

Figure: 16 TAC Chapter 148 (.pdf)

Figure: 16 TAC Chapter 149 (.pdf)

Figure: 16 TAC Chapter 150 (.pdf)

TRD-201704297


Texas Department of Licensing and Regulation

Rule Transfer

During the 84th Legislative Session, the Texas State Legislature passed Senate Bill 202, which in part transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 2, the following six programs are being transferred from DSHS to the Commission and the Department: Laser Hair Removal, Texas Health and Safety Code, Chapter 401, §§401.501 - 401.522; Massage Therapy, Texas Occupations Code, Chapter 455; Code Enforcement Officers, Texas Occupations Code, Chapter 1952; Sanitarians, Texas Occupations Code, Chapter 1953; Mold Assessors and Remediators, Texas Occupations Code, Chapter 1958; and Offender Education Programs, Alcoholic Beverage Code, Chapter 106, §106.115 (Alcohol Education Program for Minors); Transportation Code, Chapter 521, §§521.374 - 521.376 (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, §13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, §130)) (DWI Intervention Program).

The statutory amendments transferring regulation of these six Phase 2 programs took effect on September 1, 2017. To comply with Senate Bill 202, the following DSHS rules will be transferred effective November 17, 2017:

Figure: 16 TAC Chapter 145 (.pdf)

Figure: 16 TAC Chapter 146 (.pdf)

Figure: 16 TAC Chapter 147 (.pdf)

Figure: 16 TAC Chapter 148 (.pdf)

Figure: 16 TAC Chapter 149 (.pdf)

Figure: 16 TAC Chapter 150 (.pdf)

TRD-201704299