TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter C, §60.32; Subchapter F, §60.82; and Subchapter I, §60.301 and §60.302, regarding the Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the May 29, 2026, issue of the Texas Register (51 TexReg 3667). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 60, implement Texas Occupations Code, Chapter 51, the enabling statute of the Commission and the Texas Department of Licensing and Regulation (Department), and other laws applicable to the Commission and the Department.

The Chapter 60 rules are the procedural rules of the Commission and the Department. These rules apply to all of the agency's programs and to all license applicants and licensees, except where there is a conflict with the statutes and rules of a specific program.

The adopted rules are necessary to implement Senate Bill (SB) 2443, 89th Legislature, Regular Session (2025), which amends certain provisions under Texas Occupations Code, Chapter 51, including §51.207, Use of Technology.

Background

Prior to the passage of SB 2443, provisions of the Administrative Procedure Act (Texas Government Code, Chapter 2001) and several of the Department's program statutes required the Department to use certified mail or personal delivery to provide pleadings, notices, or orders to contested case respondents. While previous legislation and agency rules authorized the Department to require an applicant or license holder to provide an e-mail address for purposes of receiving licensing-related correspondence, the Department remained unable to use electronic means to provide documents to contested case respondents. SB 2443 addressed this conflict by specifically authorizing the Department to use electronic methods of notice for all purposes, regardless of conflicting provisions in program statutes or the Administrative Procedure Act.

Explanation of Adopted Rules

The adopted rules will modernize the delivery of contested case pleadings, notices, and orders by allowing applicants and license holders to opt in to receiving those notices electronically, and to opt out of electronic service if desired. Pursuant to previous legislation and agency rules, the Department may send other types of correspondence (such as communications related to a license application or renewal) to applicants and license holders without their explicit consent.

Additionally, consistent with SB 2443, the adopted rules clarify that the Department's authority to require e-mail addresses extends only to applicants and license holders. The adopted rules also amend the rules concerning dishonored payment fees, notices of alleged violation and continued license restrictions, and notices of proposed denial, to allow electronic service of these notices. Lastly, the adopted rules provide that the presumption of receipt, which currently applies to certain documents sent through certified mail, also applies to electronically served documents and that it is the recipient's responsibility to view electronically served documents, including those that may have been directed to a "spam" or "junk" folder.

SECTION-BY-SECTION SUMMARY

Subchapter C. License Applications and Renewals

The adopted rules amend §60.32 by changing the title from "E-mail Communications and Requirements" to "Electronic Communications and Requirements." Existing subsection (a) has been modified to clarify who may be required to provide the Department with an e-mail address for purposes of receiving general correspondence. New subsection (c) is added to provide that an applicant or license holder may consent to receive contested case pleadings, notices, and orders through electronic means including e-mail, an online portal, or another electronic method authorized by the Department. Subsection (c) also provides that a person may opt out of electronic service of these documents. New subsection (d) provides that once the applicant or license holder consents to electronic delivery, the Department may serve contested case-related documents to the person electronically.

Subchapter F. Fees

The adopted rules amend §60.82, Dishonored Payment Fee. Existing subsection (c) has been modified to include electronic service as a way for the Department to notify an applicant, license holder, or other person if a payment has been dishonored.

Subchapter I. Contested Cases

The adopted rules amend §60.301, Contested Cases. Existing subsection (c) has been amended to include electronic service as an option when the Department sends notices under this rule. Existing subsection (d) has been modified by adding language to clarify proper service of notices under existing subsection (c). New subsection (e) has been added to clarify how the presumption of receipt applies to electronically served documents. The remaining subsections have been re-lettered.

The adopted rules amend §60.302, Notice of Proposed Denial. Existing subsection (b) has been modified to include electronic service as an option when the Department sends notices of proposed denials under this rule. Existing subsection (c) has been modified by adding language to clarify proper service of notices under existing subsection (b). New subsection (d) has been added to clarify how the presumption of receipt applies to electronically served documents. The remaining subsections are re-lettered.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 29, 2026, issue of the Texas Register (51 TexReg 3667). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on June 29, 2026.

The Department received comments from seven interested parties in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on May 18, 2026, the same day that the proposed rules were filed with the Texas Register, but before the official publication of the proposed rules and the official start of the public comment period. Of these comments, five of the interested parties expressed support for the proposed rules, and one requested changes to the proposed rules. One interested party did not indicate whether he was in support or against the proposed rules but requested changes to the proposed rules. Subsequently, the Department did not receive any relevant comments from interested parties on the published proposed rules during the official public comment period. The public comments are summarized below. Similar comments are grouped together for brevity.

Comments in Support

Comment (from one individual and one community health clinic): The proposed rules will expedite communications between the Department and stakeholders and save costs related to mailing.

Department Response: The Department appreciates the supportive comments and makes no changes in response.

Comment (from three individuals): The commenters expressed agreement without providing a supporting rationale.

Department Response: The Department appreciates the supportive comments and makes no changes in response.

Comments Requesting Changes

Comment (from an individual): If electronic service is allowed, there should be no adverse consequences from failure to respond unless a copy of the correspondence is also mailed. Many people may not have access to electronic means of receiving a notification or may not check these services as diligently as their written mail.

Department Response: The Department appreciates the comment. The current rules allow for most correspondence to be sent electronically. The proposed rules are limited in scope to contested case notices and other types of correspondence where the current rules require certified mail. With respect to these types of correspondence, the proposed rules give individuals the ability to opt-in to electronic service. Because it is the individual's choice whether to opt-in, the Department believes that it would be redundant to also mail notices to these individuals. Therefore, the Department declines to make changes in response to this comment.

Comment (from an individual): The proposed rules are advisable only if a secure site can be used for corresponding with license applicants and license holders and those individuals are able to revoke their consent and go back to receiving certified mail notifications.

Department Response: The Department appreciates the comment. Although the Department anticipates that a secure online messaging portal will be developed in the future, the Department finds that traditional email may also be properly used for electronic service if proper safeguards are employed to secure the message or to remove sensitive information. Under the proposed rules, individuals will retain the ability to opt out of electronic service with respect only to those types of correspondence that currently require certified mail. The Department believes that this approach reflects the best balance of the interests of fairness and efficiency. Therefore, the Department declines to make changes in response to this comment.

Comments in Response to the Published Proposed Rules

The Department received three comments that did not appear to relate to the proposed rules. The Department routed those comments to the appropriate personnel and will not make changes to the proposed rules in response to those comments.

COMMISSION ACTION

At its meeting on July 28, 2026, the Commission adopted the proposed rules as published in the Texas Register.

SUBCHAPTER C. LICENSE APPLICATIONS AND RENEWALS

16 TAC §60.32

STATUTORY AUTHORITY

The rules are adopted under Texas Occupations Code §51.201 and §51.203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement its own procedures, Chapter 51, and any other law establishing a program regulated by the Department; and §51.207, which authorizes the Commission by rule to require an applicant or license holder to provide an e-mail address to the Department and to provide that any correspondence sent or received by the Department be delivered electronically. In addition, the rules are adopted under Texas Government Code §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Government Code, Chapter 2001; and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 466 (State Lottery); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1806 (Residential Solar Retailers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2001 (Charitable Bingo); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety). No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill 2443, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603406

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 29, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER F. FEES

16 TAC §60.82

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill 2443, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603407

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 29, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER I. CONTESTED CASES

16 TAC §60.301, §60.302

STATUTORY AUTHORITY

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill 2443, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603408

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 29, 2026

For further information, please call: (512) 344-5392

CHAPTER 73. ELECTRICIANS

16 TAC §73.100

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding the Electricians program, without changes to the proposed text as published in the March 20, 2026, issue of the Texas Register (51 TexReg 1785). This rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 73, implement Texas Occupations, Chapter 1305, Electricians.

The adopted rule adopts the 2026 National Electrical Code (NEC) published by the National Fire Protection Association (NFPA) as the state's electrical code, with one modification. The adopted rule is necessary for the Texas Department of Licensing and Regulation (Department) to comply with its statutory responsibilities under Occupations Code §1305.101(a)(2), while balancing concerns of public safety and workability.

An updated NEC is published by NFPA every three years. Under Texas Occupations Code §1305.101(a)(2), the Department is required to adopt the most recent version of the NEC as the state's electrical code. Traditionally, this has been accomplished by amendment to the rule at §73.100, Technical Requirements, which specifies the current electrical code, and the Commission has approved deviations from the NEC when necessary. Section 90.4 of the 2026 NEC authorizes the Department to waive specific code requirements when doing so will not have a negative impact on safety.

The 2020 NEC included in Section 210.8(F) a requirement that certain outdoor outlets be equipped with ground-fault circuit interrupter (GFCI) technology. GFCI technology is a safety feature designed to prevent electric shock by opening a circuit in response to detected leakage current. In 2020, individuals and representatives of the air conditioning service industry expressed concerns that GFCI technology was incompatible with heating, ventilation, and air conditioning (HVAC) equipment and would lead to nuisance tripping, which had the potential to cause air conditioning outages during the hot summer months and endanger public safety. In response to these concerns, by an emergency rulemaking (46 TexReg 7781) the Commission approved a temporary exemption from compliance with Section 210.8(F) until January 1, 2023. In a later standard rulemaking (47 TexReg 7680), the Commission extended this exemption indefinitely. The 2023 NEC, which was adopted by the Commission as published by NFPA (48 TexReg 4654), did not include the GFCI requirement for outdoor outlets.

The 2026 NEC as published by NFPA reverses course and again includes the GFCI requirement of Section 210.8(F), with an exception, stating, "Exception No. 2: GFCI protection shall not be required for listed HVAC equipment. This exception shall expire September 1, 2026." Because the compatibility issues that pose a risk for nuisance tripping and air conditioning outages have not yet been resolved, the adopted rule modifies "Exception No. 2" to extend the exception without an expiration date.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §73.100. The section is divided into two subsections for clarity. The existing rule text is placed in subsection (a) and is modified to reflect the year and NFPA publication date of the 2026 NEC, the effective date of the rule, and that an exception is set forth in subsection (b). New subsection (b) specifies that NFPA's "Exception No. 2" is extended without expiration.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the March 20, 2026, issue of the Texas Register (51 TexReg 1785). The Department requested public comments on the proposed rule and information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. The public comment period closed on April 20, 2026.

Overview of the Public Comments

The Department received written comments from eight interested parties in response to the required summary of the proposed rule, which was posted on the Department's website and distributed on March 6, 2026, the same day that the proposed rule was filed with the Texas Register, but before the official publication of the proposed rule and the official start of the public comment period. Subsequently, the Department received written comments from 33 interested parties on the published proposed rule during the official public comment period. The Department additionally received written comments from two interested parties after the close of the comment period, both of whom had previously submitted written comments during the comment period. The Department also received oral comments from three interested persons at the May 12, 2026, advisory board meeting. Of these three oral commenters, two had previously submitted written comments during the comment period. The Department additionally received oral comments from two interested persons at the July 28, 2026 Commission meeting, both of whom had previously submitted similar written comments. In total, the Department received written and oral public comments from 42 interested persons. The public comments are summarized below.

Of the 42 commenters, 28 expressed support for the proposed rules; seven expressed support with requested changes; three expressed opposition; three provided relevant information but did not clearly state a position for or against adoption; and one provided only irrelevant comments. The irrelevant comment will not be summarized.

The commenters in support included the Greater Fort Worth Builders Association (GFWBA), the Greater Houston Builders Association (GHBA), the Dallas Builders Association (DBA), the Texas Panhandle Builders Association (TPBA), the Texas Association of Builders (TAB), the Independent Electrical Contractors of Texas (IEC), an HVAC equipment manufacturer, various homebuilders, electrical contractors, and individuals.

The commenters requesting changes included a homebuilder, an energy storage system sales business, a construction company, an HVAC contractor, and individuals. The commenters expressing opposition included the National Electrical Manufacturers Association (NEMA), an electrical equipment manufacturer, and an individual. The neutral commenters included an electrical equipment manufacturer, and two individuals.

The comments received in response to the posted summary did not substantially differ from those in response to the proposed rules. Similar comments are combined for brevity. Comments and the Department's responses are summarized below.

Comments in Support

Comment (from all supporters expressing a rationale, including GFWBA, GHBA, DBA, TPBA, TAB, IEC): The suspension of the GFCI mandate for outdoor HVAC equipment is necessary. An effective solution to prevent nuisance tripping, such as high-frequency GFCI outlets, is not yet widely available. Outages caused by nuisance tripping pose a health and safety risk that outweigh any risk posed by lack of GFCI outlets.

Department Response: The Department appreciates the supportive comments and makes no changes in response.

Comments Requesting Changes

Comment (from a homebuilder): The requirement of GFCI outlets for outdoor HVAC equipment should be permanently removed from the NEC rather than just temporarily suspended for the duration of the three-year code cycle.

Department Response: The Department appreciates the comment. The decision of whether to require GFCI outlets for HVAC equipment must be based on a balancing of then-existing safety and practical considerations. The Department is required by statute to adopt the NEC every three years. Because the availability of technology evolves over time, it is appropriate that the Department consider possible code amendments at the end of each respective code cycle. Therefore, the Department declines to make the requested change.

Comment (from an energy storage system business): The commenter expressed support for the proposed GFCI exemption, but requested seven other amendments to the NEC. These topics included several items related to energy storage systems.

Department Response: The Department appreciates the comment. The purposes of the NEC are best served by keeping the code uniform between states to the extent possible. The Department thus generally only deviates from the NEC in rare and extreme circumstances, such as the case of the threat of widespread air conditioning outages in the hot summer months caused by incompatible GFCI outlets. This commenter's requested changes are extensive, complex, and present issues that are likely to be of relevance to many state licensing authorities. These changes would therefore best be considered by the NFPA as part of its code development process, and Department declines to make the requested changes.

Comment (from three individuals and an HVAC contractor): The exemption from GFCI requirements should be extended to all 240-volt outlets, including those for refrigerators or other appliances.

Department Response: The Department appreciates the comment. GFCI outlets serve an important safety purpose of reducing the risk of electrical shock, which is a matter that has been considered by the NFPA. Although compelling circumstances related to the threat of widespread air conditioning outages justify an exemption for outdoor HVAC outlets, similar circumstances do not appear to justify extending the exemption to other outlets. Therefore, the Department declines to make the requested change.

Comment (from a construction business): If the HVAC outlet GFCI exemption is approved, it should be conditioned on the HVAC appliances being properly installed and kept in good condition.

Department Response: The Department appreciates the comment. Although it is important that all appliances, including HVAC systems, are properly installed and maintained, the addition of language to the NEC, or tying installation and maintenance to the HVAC outlet exemption, has potential to create confusion and does not appear necessary to accomplish this end. Therefore, the Department declines to make changes in response to this comment.

Comments in Opposition

Comment (from an electrical equipment manufacturer): The problem of incompatibility between HVAC equipment and GFCI outlets has been known for several years, and HVAC equipment manufacturers have had sufficient time to develop compatible equipment. Since 2016, there have been 24 HVAC-related electrocution deaths. Due to the risks associated with removing GFCI protection, the HVAC outlet exemption should not be extended.

Department Response: The Department appreciates the comment. Based on a careful weighing of the current circumstances, including the fact that compatible high-frequency GFCI outlets are not yet widely available and that many air conditioning compressors are not compatible with traditional GFCI outlets, the Department believes that the risks of widespread air conditioning outages caused by nuisance tripping outweighs the benefits of requiring GFCI outlets for outdoor HVAC outlets at this time. The Department will continue to monitor developments in this area. The Department declines to make changes in response to this comment.

Comment (from NEMA): The exemption of outdoor HVAC outlets from GFCI requirements is no longer necessary because of recent technological advances. Compatible high-frequency GFCI outlets are now being manufactured and are hitting the marketplace.

Department Response: The Department appreciates this comment and will continue to monitor the situation. Currently, it appears that compatible GFCI outlets are not yet widely available and thus have not yet alleviated the risk of outages. Therefore, the Department declines to make changes in response to this comment.

Comment (from an individual): The HVAC outlet exemption from GFCI requirements poses an unnecessary safety risk. Industry has already been provided six years to address this issue. Each new high-frequency GFCI outlet will cost between $40 to $50. By failing to require the use of these new outlets, the proposed rules will decrease sales tax revenue.

Department Response: The Department appreciates the comment. At this time, the Department believes that the risks of widespread air conditioning outages caused by nuisance tripping outweigh the benefits of requiring GFCI outlets for outdoor HVAC outlets. The Department appreciates that the newly developed high-frequency GFCI outlets show promise as a means to alleviate nuisance tripping and may alleviate the need for an exemption in the future, once the outlets are widely available. The Department will continue to monitor the situation. The exemption will not directly impact sales tax revenue. It remains likely that the new outlets will be purchased as they become available. The Department declines to make changes in response to this comment.

Other Comments

Comment (from an electrical equipment manufacturer): The commenter plans to have new high-frequency GFCIs available by September 1, 2026. Other manufacturers appear to also be on track to soon make this equipment available for purchase.

Department Response: The Department appreciates this information and will continue to monitor the situation. Because compatible equipment does not appear to yet be widely available and the new outlets do not yet have a long track record in real-life application, the Department declines to make changes to the proposed rules at this time.

Comment (from an individual): If the HVAC outlet exemption from GFCI requirements is allowed, the NEC should also be amended to prohibit backfeed or other non-HVAC uses of the circuit.

Department Response: The Department appreciates the comment. Due to the interest of interstate code uniformity, the requested amendment, which could impose new burdens to electricians beyond current NEC requirements, should best be presented to the NFPA for evaluation during its code development process. The Department declines to make changes in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Electrical Safety and Licensing Advisory Board met on May 12, 2026, to discuss the proposed rule and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rule as published in the Texas Register. At its meeting on July 28, 2026, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department.

The adopted rule is also adopted under Texas Occupations Code, Chapter 1305, specifically §1305.101, which requires the Department, after publication of the National Electrical Code (NEC) every three years by the National Fire Protection Association, to adopt the revised NEC as the electrical code for the state and §1305.102(c), which authorizes the Executive Director by rule to adopt standards of conduct requirements for license holders.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the proposed rule.

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603409

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: March 20, 2026

For further information, please call: (512) 344-5392

CHAPTER 75. AIR CONDITIONING AND REFRIGERATION

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 75, §§75.10, 75.80, 75.121, and 75.124; and the repeal of existing rules at §75.28, regarding the Air Conditioning and Refrigeration Contractors program, without changes to the proposed text as published in the May 22, 2026, issue of the Texas Register (51 TexReg 3495). These rules will not be republished.

The Commission also adopts amendments to an existing rule at 16 TAC, Chapter 75, §75.110, regarding the Air Conditioning and Refrigeration Contractors program, with changes to the proposed text as published in the May 22, 2026, issue of the Texas Register (51 TexReg 3495). This rule will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 75, implement Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration.

Updates to the Applicable Codes

The adopted rules update the applicable codes adopted by reference for air conditioning and refrigeration contracting from the 2021 editions to the 2024 editions of the International Residential Code, International Mechanical Code, International Fuel Gas Code, and Uniform Mechanical Code, effective September 1, 2026. These updates are necessary to align the Department's rules with current nationally recognized standards and provide a transition date for implementation.

Four-Year Rule Review Changes

The adopted rules include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department conducted the required rule review of the rules under 16 TAC Chapter 75, and the Commission readopted the rule chapter in its entirety and in its current form. (Proposed Rule Review, (47 TexReg 5344), September 2, 2022. Adopted Rule Review, (48 TexReg 1644), March 24, 2023.)

The adopted rules include changes identified by Department staff during the rule review process. These changes include removing obsolete provisions related to the "certified technician (legacy)" designation, clarifying examination eligibility requirements for certified technicians, and updating references to Texas Education Agency rules that have been reorganized. These changes are necessary to conform the rules to current statutory requirements, remove outdated provisions, and ensure that rule references remain accurate.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §75.10, Definitions, by removing the definition for "certified technician (legacy)". This term was created to facilitate the changes in law made by House Bill (HB) 3029, 85th Legislature, Regular Session (2017), and it is no longer necessary because all technician certificates are now issued under Texas Occupations Code §1302.5055. The remaining definitions are renumbered accordingly.

The adopted rules repeal §75.28, Registered Technician--Certified Technician (Legacy) Designation. This section applies to applicants for a certified technician designation under Texas Occupations Code §1302.508, which was repealed by HB 3029, effective September 1, 2017. The section is no longer necessary because all technician certificates are now issued under Texas Occupations Code §1302.5055.

The adopted rules amend §75.80, Fees. Subsection (b)(3) is amended to reflect that the Department issues only licenses to contractors, not certificates, permits, or registrations. Existing subsection (c)(5) is repealed because it relates only to the obsolete "certified technician (legacy)" designation. Existing subsection (c)(6) is relabeled to become new subsection (c)(5) and is amended to reflect that the Department issues only certificates or registrations to technicians, not licenses or permits.

The adopted rules amend §75.110, Applicable Codes. Subsection (a) is amended to state that, effective September 1, 2026, the codes adopted to provide the rules of practice for air conditioning and refrigeration contracting are updated from the 2021 editions to the 2024 editions of the International Residential Code, the International Mechanical Code, the International Fuel Gas Code, and the Uniform Mechanical Code. These updates align the Department's regulations with these currently recognized national standards. Subsection (b) is amended to provide the transition date for the code updates in subsection (a). New subsection (c) is added in response to public comments and the Air Conditioning and Refrigeration Contractors Advisory Board's recommendation to address concerns regarding consistency among applicable technical standards referenced in the 2024 codes and to clarify the requirements that apply under this section.

The adopted rules amend §75.121, Certified Technician--Examinations, to clarify that a person must satisfy only the requirements of Texas Occupations Code §1302.5036(1) and (2) prior to taking the certified technician examination.

The adopted rules amend §75.124, Career and Technology Education Program Requirements, to update references to rules of the Texas Education Agency that were reorganized into a different rule chapter, effective August 1, 2025 (50 TexReg 4421).

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 22, 2026, issue of the Texas Register (51 TexReg 3495). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on June 22, 2026. The Department received comments from three interested parties on the proposed rules. The public comments are summarized below.

Comment: The International Association of Plumbing and Mechanical Officials (IAPMO) submitted a written comment during the public comment period and an oral comment at the July 7, 2026, meeting of the Advisory Board. The comments supported the proposed amendment to §75.110(a) to adopt the 2024 edition of the Uniform Mechanical Code. IAPMO stated that the Uniform Mechanical Code is used by jurisdictions in Texas and provides clear guidance for inspectors, promotes consistent enforcement, may reduce construction delays, incorporates current health and safety practices, and supports resilient, efficient, and modern mechanical systems.

Department Response: The Department appreciates the comment submitted by IAPMO in support of the proposed rules. The Department made no changes to the proposed rules in response to this comment.

Comment: The Air-Conditioning, Heating, and Refrigeration Institute (AHRI) submitted multiple comments requesting changes related to refrigerant provisions in the 2024 International Mechanical Code, International Residential Code, and Uniform Mechanical Code. AHRI requested that the Department update references to ASHRAE 15 and ASHRAE 34 to the 2024 editions; update Table 1103.1 in the 2024 International Mechanical Code for certain A2L refrigerants; delete language in International Mechanical Code §1109.2.5 that limits an exception to Group A1 refrigerants; clarify that the shaft-ventilation requirements in International Mechanical Code §1109.3.2 apply only to required refrigerant pipe shafts; add an exception to the shaft-ventilation requirements for certain residential systems; and update certain referenced standards in the Uniform Mechanical Code. AHRI stated that these changes are needed to address low global warming potential refrigerants, align with current ASHRAE standards, correct errors in refrigerant tables, address mildly flammable refrigerants, and maintain consistency with anticipated 2027 International Mechanical Code provisions.

Department Response: The Department agrees in part with the comments submitted by AHRI. The Department agrees that the 2024 codes adopted under §75.110 should be applied using current ASHRAE 15 and ASHRAE 34 standards to address consistency concerns related to refrigerant classifications and the use of A2L refrigerants. In response to these comments, the Department made changes to §75.110 by adding new subsection (c) to provide that, for purposes of the codes adopted under §75.110(a), references to ASHRAE 15-2022 are modified to refer to ASHRAE 15-2024, and references to ASHRAE 34-2022 are modified to refer to ASHRAE 34-2024. The Department did not make the additional requested amendments to individual model-code provisions or other referenced standards because the Department determined that the new subsection provides a more general and appropriate way to address the consistency concerns raised in the comments while preserving the Department's approach of adopting nationally recognized codes by reference.

Comment: The Texas Association of Builders (TAB) submitted comments addressing implementation concerns for the residential construction industry. TAB supported the transition provision in proposed §75.110(b) but requested clarification that the 2021 code editions govern all work authorized by a permit issued before September 1, 2026, regardless of when the work is physically performed. TAB also requested that the Department publish written guidance regarding application of the transition provision, extend the transition period to at least 180 days from the date of final adoption, publish the adopted rule and related compliance materials as early as possible and at least 30 days before the effective date, and address any conflicts between the 2024 code editions and manufacturer installation requirements for new-refrigerant equipment.

Department Response: The Department appreciates the comments submitted by TAB. The Department agrees that the transition provision should be applied clearly and consistently. Proposed §75.110(b) provides that the 2021 codes remain in effect through August 31, 2026, and that all air conditioning and refrigeration work permitted or started before September 1, 2026, may be completed in accordance with the 2021 code editions. The Department interprets this provision to allow work permitted before September 1, 2026, to be completed under the 2021 code editions. The Department will consider whether additional non-rule guidance is appropriate to assist license holders, builders, inspectors, and other stakeholders. The Department declines to extend the transition period in the rule because the September 1, 2026, effective date and the transition language in §75.110(b) provide a clear implementation date while protecting projects permitted or started before that date. The Department made no changes to the proposed rules in response to these comments. The change to §75.110(c), discussed above in response to AHRI's comments, also helps address consistency concerns related to refrigerant standards.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Air Conditioning and Refrigeration Contractors Advisory Board met on July 7, 2026, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §75.110 made in response to public comments and/or Department recommendations. The recommended changes to §75.110 add new subsection (c) to update references to ASHRAE 15-2022 and ASHRAE 34-2022 to refer instead to the 2024 editions of those standards. This change responds to public comments and promotes consistency with current refrigerant-related standards.

At its meeting on July 28, 2026, the Commission adopted the proposed rules with changes as recommended by the Advisory Board.

16 TAC §§75.10, 75.80, 75.110, 75.121, 75.124

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

More specifically, Texas Occupations Code §51.201 authorizes the Commission to adopt rules as necessary to implement Chapter 51, and §51.203 authorizes the Commission to adopt rules as necessary to implement each law establishing a program regulated by the Department. Texas Occupations Code §1302.101 requires the Commission to adopt rules for the practice of air conditioning and refrigeration contracting that are at least as strict as the Uniform Mechanical Code and the International Mechanical Code. Section 1302.1011 authorizes the Commission to adopt rules providing for the licensing, certification, and registration of persons under Chapter 1302 and implementing the requirements of the chapter as applicable to persons, entities, and activities regulated under the chapter. Section 1302.5036 establishes the eligibility requirements for an air conditioning and refrigeration technician certification, §1302.5037 authorizes the Commission to establish standards for career and technology education programs for technician certification, and §1302.5055 addresses issuance and terms of technician certifications.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 1302. No other statutes, articles, or codes are affected by the adopted rules.

§75.110. Applicable Codes.

(a) Effective September 1, 2026, the commission adopts the following applicable codes as referenced in the Act and this chapter:

(1) 2024 International Residential Code;

(2) 2024 International Mechanical Code;

(3) 2024 International Fuel Gas Code; and

(4) 2024 Uniform Mechanical Code.

(b) The 2021 codes shall remain in effect through August 31, 2026. All air conditioning and refrigeration work permitted or started before September 1, 2026, may be completed in accordance with the 2021 code editions.

(c) For purposes of the codes adopted under subsection (a), references to ASHRAE 15-2022 are modified to refer to ASHRAE 15-2024, and references to ASHRAE 34-2022 are modified to refer to ASHRAE 34-2024.

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603422

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 22, 2026

For further information, please call: (512) 463-7750

16 TAC §75.28

STATUTORY AUTHORITY

The adopted repeal is adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt repeals as necessary to implement these chapters and any other law establishing a program regulated by the Department. More specifically, Texas Occupations Code §51.201 authorizes the Commission to adopt repeals as necessary to implement Chapter 51, and §51.203 authorizes the Commission to adopt repeals as necessary to implement each law establishing a program regulated by the Department. Texas Occupations Code §1302.101 requires the Commission to adopt repeals for the practice of air conditioning and refrigeration contracting that are at least as strict as the Uniform Mechanical Code and the International Mechanical Code. Section 1302.1011 authorizes the Commission to adopt repeals providing for the licensing, certification, and registration of persons under Chapter 1302 and implementing the requirements of the chapter as applicable to persons, entities, and activities regulated under the chapter. Section 1302.5036 establishes the eligibility requirements for an air conditioning and refrigeration technician certification, §1302.5037 authorizes the Commission to establish standards for career and technology education programs for technician certification, and §1302.5055 addresses issuance and terms of technician certifications.

The statutory provisions affected by the adopted repeal are those set forth in Texas Occupations Code, Chapters 51 and 1302. No other statutes, articles, or codes are affected by the adopted repeal.

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603423

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 22, 2026

For further information, please call: (512) 463-7750

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter B, §111.12 and §111.13; Subchapter F, §111.55; and Subchapter H, §111.70, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the May 8, 2026, issue of the Texas Register (51 TexReg 3030). These rules will not be republished.

The Commission also adopts amendments to existing rules at 16 TAC Chapter 111, Subchapter F, §111.50, and Subchapter W, §111.220, regarding the Speech-Language Pathologists and Audiologists program, with changes to the proposed text as published in the May 8, 2026, issue of the Texas Register (51 TexReg 3030). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The adopted rules are necessary to implement the statutory changes made during the 89th Legislature, Regular Session. Specifically, the adopted rules implement Senate Bill (SB) 904, Section 1; SB 905, Sections 1, 2, and 3; and SB 2075, Sections 9 and 10, 89th Legislature, Regular Session (2025). The adopted rules also are necessary to implement the changes suggested by Department staff during the scheduled four-year review of Chapter 111, including staff from the Licensing Division and the Compliance Division.

Legislative Changes

To implement SB 904, Section 1, and SB 905, Section 1, the adopted rules repeal the requirement that the Commission adopt rules for selling hearing instruments with input from both the Speech-Language Pathologists and Audiologists Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board.

To implement SB 905, Section 2, the adopted rules allow audiology license applicants to qualify with a master's degree in audiology awarded on or before December 31, 2007. Applicants awarded the equivalent of a master's degree in audiology from a foreign university on or before December 31, 2007, must also obtain an evaluation showing their degree is equivalent to a degree from an accredited U.S. program.

To implement SB 905, Section 3, the adopted rules remove the obsolete definition of "Provisional Licensee," as provisional licenses are no longer needed now that the jurisprudence exam is always available.

To implement SB 2075, Sections 9 and 10, the adopted rules remove the requirement that three advisory board members' six-year terms all expire on February 1 of odd-numbered years, thereby allowing the advisory board members to serve their full six-year term, regardless of their appointment date. The adopted rules also extend the advisory board presiding officer's term from one year to two years.

Four-Year Rule Review Changes

The adopted rules also include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department conducted the required rule review of the rules under 16 TAC Chapter 111, and the Commission readopted the rule chapter in its entirety and in its current form. (Proposed Rule Review, 45 TexReg 7281, October 9, 2020. Adopted Rule Review, 46 TexReg 2050, March 26, 2021).

In response to the Notice of Intent to Review that was published, the Department received public comments from 106 interested parties regarding Chapter 111, Chapter 111, Speech-Language Pathologists and Audiologists. Three comments were in support of readoption of the rules. The Department has taken these comments into consideration as part of this review. One hundred four comments requested amendments to the rules, including changes related to telehealth and tele-supervision for interns and assistants; continuing education in telepractice; monthly supervision hours for speech-language pathology assistants; caseload caps for speech-language pathologists in school settings; a licensing exam for speech-language pathology assistants; and consumer protections from providers who do not meet legal standards. The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process. Additionally, one comment expressed support for proposed changes to the rules, although there were no proposed changes in the Notice of Intent to Review. The Department will not take any further rulemaking action as a result of this comment. The adopted rules include changes identified by Department staff during the rule review process. The changes include updates to the license eligibility and application requirements for speech-language pathology assistants.

The adopted rules remove requirements for speech-language pathology (SLP) assistant applicants to submit verification of 25 clinical observation hours and 25 clinical assisting hours to the Texas Department of Licensing and Regulation (Department), as well as the requirement to complete any missing hours under direct supervision after the license is issued. Additionally, the rules renumber §111.55(b)(7)-(8).

The adopted rules amend the existing clinical observation and experience requirements for SLP assistants to require that verification of their 25 hours of clinical observation and 25 hours of clinical assisting experience is submitted to the assistant's supervisor upon license issuance. The adopted rules also reorganize the requirements of §111.50(d) and §111.50(e) in a more logical manner.

The rule amendments to §111.50(d) are adopted with changes to correct an inadvertent oversight in the proposed rule text. The preamble published in the Texas Register on May 8, 2026, explained the amendment to §111.50(d)(1), but the actual rule language did not reflect that amendment, which updated a cross-reference. The adopted rule incorporates the intended non-substantive amendment.

SECTION-BY-SECTION SUMMARY

Subchapter A. General Provisions

The adopted rules amend §111.2. Definitions. The adopted rules remove the obsolete definition of "Provisional Licensee." Provisional licenses for Speech-Language Pathologists and Audiologists originated when the jurisprudence exam was offered only a few times a year, allowing individuals to work while waiting to take it. Now, the jurisprudence exam is accessible year-round, making such provisional licenses unnecessary.

Subchapter B. Speech-Language Pathologists and Audiologists Advisory Board

The adopted rules amend §111.12, Terms; Vacancies. The adopted rules under subsection (a) remove the requirement that three advisory board members' six-year terms all expire on February 1 of odd-numbered years

The adopted rules amend §111.13, Officers. The adopted rules under subsection (a) change the advisory board presiding officer's term from one year to two years.

Subchapter F. Requirements for Assistant in Speech-Language Pathology License

The adopted rules amend §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. Specifically, the adopted rules modify §111.50(d), Clinical Observation and Experience.

The adopted rules amend §111.50(d)(1) to clarify that the requirements of §111.50(d)(1) are prescribed by §111.50(d), not §111.50(e).

The adopted rules add new §111.50(d)(2), which requires that if any of the 25 hours of clinical observation and 25 hours of clinical assisting experience required for licensure as a SLP assistant were earned during training, then this verification must be submitted to the assistant's supervisor after the license is issued.

Also, the adopted rules reorganize the requirements of §111.50(d) and §111.50(e) in a more logical manner. Specifically, the adopted rules move former §111.50(e) to §111.50(d)(3), move former §111.50(e)(1) to §111.50(d)(3)(A), move former §111.50(e)(2) to §111.50(d)(3)(B), and move former §111.50(d)(2) to §111.50(e).

The adopted rules amend §111.55, Assistant in Speech-Language Pathology License--Application and Eligibility Requirements.

The adopted rules repeal subsection (b)(5), removing the requirement that applicants for licensure as a speech-language pathology assistant must provide the Department verification from their university program that the applicant completed 25 hours of clinical observation and 25 hours of clinical assisting experience.

The adopted rules repeal subsection (b)(6) and remove the requirement that applicants who did not obtain all 25 hours of clinical observation and 25 hours of clinical assisting experience complete those hours under direct supervision by an approved supervisor after the license is issued.

Finally, the adopted rules renumber §111.55(b)(7) and (8).

Subchapter H. Requirements for Audiology License

The adopted rules amend §111.70, Audiology License--Licensing Requirements. The adopted rules under subsection (b) now authorize an applicant seeking licensure as an audiologist to qualify if the applicant possesses a master's degree in audiology conferred on or before December 31, 2007.

The adopted rule in subsection (d) now requires an applicant who earned a master's degree in audiology at a foreign university on or before December 31, 2007, to obtain a transcript evaluation to show the applicant's degree is equivalent to a degree obtained from a program accredited by a national accrediting organization approved by the Commission or Department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.).

Finally, the adopted rules re-letter §111.70(d) and (e).

Subchapter W. Joint Rule Regarding the Sale of Hearing Instruments

The adopted rules amend §111.220, Requirements Regarding the Sale of Hearing Instruments. The adopted rules under subsection (a) repeal the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Speech-Language Pathologists and Audiologists Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board. Because subsection (a) eliminates the joint rulemaking requirement, the adopted rules remove the reference to Tex. Occ. Code §402.1021 and update the subchapter title by removing the word "Joint."

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 8, 2026, issue of the Texas Register (51 TexReg 3030). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on June 8, 2026.

The Department received one comment from an interested party in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on April 24, 2026, the same day that the proposed rules were filed with the Texas Register, but before the official publication of the proposed rules and the official start of the public comment period. The Department did not receive any comments from interested parties on the published proposed rules during the official public comment period. The public comment is summarized below.

Comment: The commenter disagreed with the proposed rule amendment to stop requiring speech-language pathology assistants to submit 25 hours of assisting and 25 hours of observation to TDLR for licensure, as the commenter believes these documented hours are essential for ensuring accountability and competence. The commenter believes the recordkeeping requirement should not fall solely on the supervising speech-language pathologists to track these hours internally, and that speech-language pathology assistants should be held to similar submission standards as licensed speech-language pathologists.

Department Response: The Department disagrees with this comment, as the recordkeeping responsibility is an additional administrative burden on Departmental resources that is accomplished as efficiently when distributed to individual supervising speech-language pathologists. The Department also notes that at the March 29, 2026, meeting of the Speech-Language Pathologist and Audiologist Advisory Board, the Advisory Board agreed without discussion to this proposed amendment. Thus, the Department did not make any changes to the proposed rules because of this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Speech-Language Pathologists and Audiologists Advisory Board met on July 8, 2026, to discuss the proposed rules and the public comment received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §111.50(d)(1) in response to the Department's recommendation as explained in the Section-by-Section summary. At its meeting on July 28, 2026, the Commission adopted the proposed rules as published in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §111.2

STATUTORY AUTHORITY

The rules are adopted under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department.

The adopted rules are also adopted under Texas Occupations Code, Chapter 401, specifically §§401.102-401.108, which establish the requirements of the Speech-Language Pathologists and Audiologists Advisory Board; §401.304, which addresses eligibility requirements for an audiology license; §401.312, which authorizes the Commission by rule to establish minimum qualifications for licensed assistants in speech-language pathology; and §401.2021, which requires the Commission to adopt rules regarding the sale of hearing instruments under Chapter 401 with the assistance of the Speech-Language Pathologists and Audiologists Advisory Board.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill (SB) 904, SB 905, and SB 2075, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603410

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD

16 TAC §111.12, §111.13

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill (SB) 904, SB 905, and SB 2075, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603411

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE

16 TAC §111.50, §111.55

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill (SB) 904, SB 905, and SB 2075, 89th Legislature, Regular Session (2025).

§111.50. Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience.

(a) An individual must not practice as an assistant in speech-language pathology without a current license issued by the department. An applicant for an assistant in speech-language pathology license must meet the requirement under the Act and this section.

(b) Degree. A degree must be completed at a college or university which has a program accredited by the ASHA Council on Academic Accreditation or holds accreditation or candidacy status from a recognized regional accrediting agency.

(1) An applicant must hold a baccalaureate degree with an emphasis or major in communicative sciences or disorders.

(2) An applicant who holds a baccalaureate degree with a major that is not in communicative sciences or disorders may qualify for the assistant license. The department must evaluate transcripts on a case-by-case basis to ensure equivalent academic preparation, which may include some leveling hours.

(3) The transcripts showing the conferred degree must be evaluated as follows:

(A) only course work meeting the requirements of subsection (c) will be acceptable;

(B) a quarter hour of academic credit must be considered as two-thirds of a semester credit hour; and

(C) academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other official means.

(4) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a bachelor's degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must bear all expenses incurred for the evaluation.

(5) An applicant who holds a baccalaureate degree with a major not in communicative sciences or disorders and whose transcript is in a language other than English or whose degree was earned at a foreign university may qualify for the assistant license if the applicant submits documentation in a form and manner prescribed by the department that shows the applicant completed sufficient communicative sciences or disorders academic leveling courses. The academic leveling courses must be completed at a college or university which has a program accredited by the ASHA Council on Academic Accreditation or holds accreditation or candidacy status from a regional accrediting agency in the United States and approved by the department.

(c) Course Work. The applicant must have acquired at least 24 semester credit hours in communicative sciences or disorders as prescribed by this subsection.

(1) The applicant must have received a grade of "C" or above, or a passing grade if letter grades are not issued by the university, for these semester credit hours.

(2) At least 18 of the 24 semester credit hours must be in speech-language pathology.

(3) At least three of the 24 semester credit hours must be in language disorders.

(A) These courses must cover disorders specific to phonology, morphology, syntax, pre-literacy, and/or language-based literacy skills.

(B) These courses do not include introductory, survey, or overview language courses.

(4) At least three of the 24 semester credit hours must be in speech disorders.

(A) These courses must cover disorders specific to articulation, fluency, resonance and/or voice.

(B) These courses do not include introductory, survey, or overview courses of speech.

(5) A combined language and speech disorders class for three semester hours will not be credited to meet the requirements of both (c)(3) and (c)(4). The class will only be credited toward one of the requirements, but not both.

(6) The 24 semester credit hours excludes course work such as special education, deaf education, or sign language.

(7) The 24 semester credit hours must be academic course work and excludes courses which only offer clinical experience without a classroom component.

(d) Clinical Observation and Experience. The applicant must have earned at least 25 hours of clinical observation in the area of speech-language pathology and 25 hours of clinical assisting experience in the area of speech-language pathology.

(1) These hours must be obtained through an accredited college or university or in one of its cooperating programs. If these hours are not obtained, the applicant must complete the missing hours with the applicant's supervisor upon issuance of the assistant license as prescribed under this subsection.

(2) Verification of 25 hours of clinical observation and 25 hours of clinical assisting experience from the university program director or designee of the college or university training program showing the applicant completed the requirements set out in paragraph (1) of this subsection, if any hours were earned, shall be submitted to the assistant's supervisor upon license issuance.

(3) An applicant who has not acquired the required hours under this subsection must complete the hours under 100% direct supervision by the approved supervisor once the license is issued and before the assistant may begin to practice.

(A) The licensed speech-language pathologist who will provide the applicant with the training to acquire these hours must meet the requirements set out in the Act and §111.154, must be the approved supervisor of the assistant, and must have the assistant complete any missing hours under 100% direct supervision before allowing the assistant to practice without 100% direct supervision.

(B) If the assistant changes supervisors before completing the missing clinical observation and clinical assisting experience hours, the assistant must complete the missing hours under 100% direct supervision by the new supervisor before being allowed to provide services under the assistant license.

(e) An applicant who held an assistant license in another state and completed hours for that license does not need to submit proof of completion of the 25 hours of clinical observation and 25 hours of clinical assisting experience.

(f) In the event the degree, course work, or clinical observation and experience set out in this section were earned more than 10 years before the date of application for the assistant license, the applicant must submit proof of current knowledge of the practice of speech-language pathology to be evaluated by the department. Proof of current knowledge may include: completing at least 10 hours of continuing education or other courses within the last year; or holding a current license in another state.

(g) An assistant may not begin to perform any duties until the license has been issued and all missing clinical observation and clinical assisting experience hours are complete, if applicable.

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603412

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE

16 TAC §111.70

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill (SB) 904, SB 905, and SB 2075, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603413

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER W. RULE REGARDING THE SALE OF HEARING INSTRUMENTS

16 TAC §111.220

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is Senate Bill (SB) 904, SB 905, and SB 2075, 89th Legislature, Regular Session (2025).

§111.220. Requirements Regarding the Sale of Hearing Instruments.

(a) This subchapter constitutes the rules required by Texas Occupations Code §401.2021 to be adopted by the commission with the assistance of the Speech-Language Pathologists and Audiologists Advisory Board. The requirements of this subchapter shall be repealed or amended only through consultation with the Speech-Language Pathologists and Audiologists Advisory Board.

(b) Guidelines for a 30 consecutive day trial period for a hearing instrument.

(1) All clients shall be informed of a 30 consecutive day trial period by written contract for services related to a hearing instrument. All charges associated with such trial period shall be included in this written contract for services, which shall include the name, address, and telephone number of the department.

(2) Any client purchasing one or more hearing instruments shall be entitled to a refund of the purchase price advanced by the client for the hearing instrument(s), less the agreed-upon amount associated with the trial period, upon return of the instrument(s), in good condition, to the licensed audiologist or licensed intern in audiology within the trial period ending 30 consecutive days from the date of delivery. Should the order be canceled by the client prior to the delivery of the hearing instrument(s), the licensed audiologist or licensed intern in audiology may retain the agreed-upon charges and fees as specified in the written contract for services. The client shall receive the refund due no later than the 30th day after the date on which the client cancels the order or returns the hearing instrument(s), in good condition, to the licensed audiologist or licensed intern in audiology.

(3) Should the hearing instrument(s) have to be returned to the manufacturer for repair or remake during the trial period, the 30 consecutive day trial period begins anew. The trial period begins on the day the client reclaims the repaired/remade hearing instrument(s). The expiration date of the new 30 consecutive day trial period shall be made available to the client in writing, through an amendment to the original written contract. The amendment shall be signed by both the licensed audiologist or licensed intern in audiology and the client.

(4) On delivery of a new replacement hearing instrument(s) during the trial period, the serial number of the new instrument(s), the delivery date of the hearing instrument(s), and the date of the expiration of the 30 consecutive day trial period must be stated in writing.

(5) If the date of the expiration of the 30 consecutive day trial period falls on a holiday, weekend, or a day the business is not open, the expiration date shall be the first day the business reopens.

(c) Upon the sale of any hearing instrument(s) or change of model or serial number of the hearing instrument(s), the owner shall ensure that each client receives a written contract that contains:

(1) the date of sale;

(2) the make, model, and serial number of the hearing instrument(s);

(3) the name, address, and telephone number of the principal place of business of the license holder who dispensed the hearing instrument;

(4) a statement that the hearing instrument is new, used, or reconditioned;

(5) the length of time and other terms of the guarantee and by whom the hearing instrument is guaranteed;

(6) a statement on or attached to the written contract for services, in no smaller than 10-point bold type, as follows: "The client has been advised that any examination or representation made by a licensed audiologist or licensed intern in audiology in connection with the fitting and selling of the hearing instrument(s) is not an examination, diagnosis or prescription by a person duly licensed and qualified as a physician or surgeon authorized to practice medicine in the State of Texas and, therefore, must not be regarded as medical opinion or advice.";

(7) a statement on the face of the written contract for services, in no smaller than 10-point bold type, as follows: "If you have a complaint against a licensed audiologist or intern in audiology, you may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, Telephone (512) 463-6599, Toll-Free (in Texas): (800) 803-9202";

(8) the printed name, license type, signature and license number of the licensed audiologist or licensed intern in audiology who dispensed the hearing instrument;

(9) the supervisor's name, license type, and license number, if applicable;

(10) a recommendation for a follow-up appointment within thirty (30) days after the hearing instrument fitting;

(11) the expiration date of the 30 consecutive day trial period under subsection (b); and

(12) the dollar amount charged for the hearing instrument and the dollar amount charged for the return or restocking fee, if applicable.

(d) Record keeping. The owner of the dispensing practice shall ensure that records are maintained on every client who receives services in connection with the fitting and dispensing of hearing instruments. Such records shall be preserved for at least five years after the date of the last visit. All of the business's records and contracts are solely the property of the person who owns the business. Client access to records is governed by the Health Insurance Portability and Accountability Act (HIPAA). The records must be available for the department's inspection and shall include, but are not limited to, the following:

(1) pertinent case history;

(2) source of referral and appropriate documents;

(3) medical evaluation or waiver of evaluation if provided;

(4) copies of written contracts for services and receipts executed in connection with the fitting and dispensing of each hearing instrument provided;

(5) a complete record of hearing tests, and services provided; and

(6) all correspondence specifically related to services provided to the client or the hearing instrument(s) fitted and dispensed to the client.

(e) The written contract and trial period information provided to a client in accordance with this section, orally and in writing, shall be in plain language designed to be easily understood by the average consumer.

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603414

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.12 and §112.13; Subchapter D, §112.32; and Subchapter H, §112.70, regarding the Hearing Instrument Fitters and Dispensers program, without changes to the proposed text as published in the May 8, 2026, issue of the Texas Register (51 TexReg 3035). These rules will not be republished.

The Commission also adopts amendments to the existing rule at 16 TAC Chapter 112, Subchapter O, §112.140, regarding the Hearing Instrument Fitters and Dispensers program, with changes to the proposed text as published in the May 8, 2026, issue of the Texas Register (51 TexReg 3030). This rule will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 112, implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers.

The adopted rules are necessary to implement Senate Bill (SB) 904, 89th Legislature, Regular Session (2025), specifically, Sections 2, 3, and 4, and SB 2075, 89th Legislature, Regular Session (2025), specifically, Sections 11 and 12. The adopted rules remove the requirement that the three advisory board members' six-year terms all expire on February 1 of odd-numbered years, allowing each member to serve their full term, regardless of when appointed. The adopted rules also extend the advisory board presiding officer's term from one year to two years.

The adopted rules require first-time renewal applicants for a hearing instrument fitter and dispenser license to complete 20 hours of continuing education; remove the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Hearing Instrument Fitters and Dispensers Advisory Board and the Speech-Language Pathologist and Audiologist Advisory Board; remove the exception that allowed the Texas Department of Licensing and Regulation (Department) to renew a license of a licensee who did not meet continuing education requirements during their first 24 months of licensure; and add a provision that allows hearing instruments to be sold to a minor with a written statement from any licensed physician, and not just a physician specializing in diseases of the ear.

SECTION-BY-SECTION SUMMARY

Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board

The adopted rules amend §112.12, Terms; Vacancies. The adopted rules under subsection (a) remove language that would require that the three advisory board members' six-year terms all expire on February 1 of odd-numbered years, allowing each advisory board member to serve their full six-year term, regardless of when appointed.

The adopted rules amend §112.13, Officers. The adopted rules under subsection (a) change the advisory board presiding officer's term from one year to two years.

Subchapter D. Hearing Instrument Fitter and Dispenser License

The adopted rules amend §112.32, Hearing Instrument Fitter and Dispenser License--License Term; Renewals. The adopted rules under subsection (c) now require first-time renewal applicants for a hearing instrument fitter and dispenser license to complete 20 hours of continuing education.

Subchapter H. Continuing Education Requirements

The adopted rules amend §112.70, Continuing Education--Hours, Courses, and Methods of Delivery. The adopted rules under subsection (i) remove the exception that allowed license renewal for licensees who did not meet the continuing education requirements during their first 24 months of licensure.

Subchapter O. Joint Rule Regarding the Sale of Hearing Instruments

The adopted rules amend §112.140, Requirements Regarding the Sale of Hearing Instruments. The adopted rules under subsection (a) remove the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Hearing Instrument Fitters and Dispensers Advisory Board and the Speech-Language Pathologist and Audiologist Advisory Board. Because subsection (a) eliminates the joint rulemaking requirement, the adopted rules remove the reference to Tex. Occ. Code §401.2021 and update the subchapter title by removing the word "Joint."

The adopted rules add new subsection (f). The new provision allows hearing instruments to be sold to a minor with a written statement from any licensed physician, not just a physician specializing in diseases of the ear.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 8, 2026, issue of the Texas Register (51 TexReg 3035). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on June 8, 2026. The Department did not receive any comments from interested parties on the proposed rules.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Hearing Instrument Fitters and Dispensers Advisory Board met on July 22, 2026, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on July 28, 2026, the Commission adopted the proposed rules as published in the Texas Register.

SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD

16 TAC §112.12, §112.13

STATUTORY AUTHORITY

The rules are adopted under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement Chapter 51 and any other law establishing a program regulated by the Department; and §51.203 and §51.405, which authorize the Commission to adopt continuing education rules for the Department's programs.

The adopted rules are also adopted under Texas Occupations Code, Chapter 402, specifically §§402.051-402.058, which establish the requirements of the Hearing Instrument Fitters and Dispensers Advisory Board; §402.305, which addresses continuing education exemptions for license renewal; §402.402, which addresses the sale of hearing instruments to minors; and §402.1021, which requires the Commission to adopt rules regarding the sale of hearing instruments under Chapter 402 with the assistance of the Hearing Instrument Fitters and Dispensers Advisory Board.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is SB 904 and SB 2075, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603416

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER D. HEARING INSTRUMENT FITTER AND DISPENSER LICENSE

16 TAC §112.32

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is SB 904 and SB 2075, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603417

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER H. CONTINUING EDUCATION REQUIREMENTS

16 TAC §112.70

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is SB 904 and SB 2075, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603418

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

SUBCHAPTER O. JOINT RULE REGARDING THE SALE OF HEARING INSTRUMENTS

16 TAC §112.140

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the rules are adopted is SB 904 and SB 2075, 89th Legislature, Regular Session (2025).

§112.140. Requirements Regarding the Sale of Hearing Instruments.

(a) This subchapter constitutes the rules required by Texas Occupations Code §402.1021 to be adopted by the commission with the assistance of the Hearing Instrument Fitters and Dispensers Advisory Board. The requirements of this subchapter shall be repealed or amended only through consultation with the Hearing Instrument Fitters and Dispensers Advisory Board.

(b) Guidelines for a 30 consecutive day trial period for a hearing instrument.

(2) Any client purchasing one or more hearing instruments shall be entitled to a refund of the purchase price advanced by the client for the hearing instrument(s), less the agreed-upon amount associated with the trial period, upon return of the instrument(s), in good condition to the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder within the trial period ending 30 consecutive days from the date of delivery. Should the order be canceled by the client prior to the delivery of the hearing instrument(s), the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder may retain the agreed-upon charges and fees as specified in the written contract for services. The client shall receive the refund due no later than the 30th day after the date on which the client cancels the order or returns the hearing instrument(s), in good condition, to the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder.

(3) Should the hearing instrument(s) have to be returned to the manufacturer for repair or remake during the trial period, the 30 consecutive day trial period begins anew. The trial period begins on the day the client reclaims the repaired/remade hearing instrument(s). The expiration date of the new 30 consecutive day trial period shall be made available to the client in writing, through an amendment to the original written contract. The amendment shall be signed by both the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder and the client.

(c) Upon the sale of any hearing instrument(s) or change of model or serial number of the hearing instrument(s), the owner shall ensure that each client receives a written contract that contains:

(1) the date of sale;

(2) the make, model, and serial number of the hearing instrument(s);

(3) the name, address, and telephone number of the principal place of business of the license or permit holder who dispensed the hearing instrument;

(4) a statement that the hearing instrument is new, used, or reconditioned;

(5) the length of time and other terms of the guarantee and by whom the hearing instrument is guaranteed;

(6) a statement on or attached to the written contract for services, in no smaller than 10-point bold type, as follows: "The client has been advised that any examination or representation made by a licensed hearing instrument dispenser or apprentice permit holder or temporary training permit holder in connection with the fitting and selling of the hearing instrument(s) is not an examination, diagnosis or prescription by a person duly licensed and qualified as a physician or surgeon authorized to practice medicine in the State of Texas and, therefore, must not be regarded as medical opinion or advice;"

(7) a statement on the face of the written contract for services, in no smaller than 10-point bold type, as follows: "If you have a complaint against a licensed hearing instrument dispenser or apprentice permit holder or temporary training permit holder, you may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, Telephone (512) 463-6599, Toll-Free (in Texas): (800) 803-9202, www.tdlr.texas.gov";

(8) the printed name, license type, signature and license or permit number of the licensed hearing instrument dispenser, apprentice permit holder, or temporary training permit holder who dispensed the hearing instrument;

(9) the supervisor's name, license type, and license number, if applicable;

(10) a recommendation for a follow-up appointment within thirty (30) days after the hearing instrument fitting;

(11) the expiration date of the 30 consecutive day trial period under subsection (b); and

(12) the dollar amount charged for the hearing instrument and the dollar amount charged for the return or restocking fee, if applicable.

(1) pertinent case history;

(2) source of referral and appropriate documents;

(3) medical evaluation or waiver of evaluation if provided;

(4) copies of written contracts for services and receipts executed in connection with the fitting and dispensing of each hearing instrument provided;

(5) a complete record of hearing tests, and services provided; and

(6) all correspondence specifically related to services provided to the client or the hearing instrument(s) fitted and dispensed to the client.

(e) The written contract and trial period information provided to a client in accordance with this subchapter, orally and in writing, shall be in plain language designed to be easily understood by the average consumer.

(f) A licensed hearing instrument fitter and dispenser may not sell a hearing instrument to a person under 18 years of age unless the prospective user or a parent or guardian of the prospective user has presented to the hearing instrument fitter and dispenser a written statement, signed by a licensed physician, that states that the patient's hearing loss has been medically evaluated and that the patient may be considered a candidate for a hearing instrument. Whenever practicable, the medical evaluation described should be performed by a licensed physician who specializes in diseases of the ear.

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603419

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 8, 2026

For further information, please call: (512) 344-5392

CHAPTER 130. PODIATRIC MEDICINE PROGRAM

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28; and Subchapter D, §130.43; and amendments to the existing rules at Subchapter C, §§130.30 - 130.33; and Subchapter F, §130.60, regarding the Podiatric Medicine Program, without changes to the proposed text as published in the May 1, 2026, issue of the Texas Register (51 TexReg 2865). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 130, implement Texas Occupations Code, Chapter 202, Podiatrists.

The adopted rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025.

SB 968 amended Occupations Code §202.259 to replace references to "temporary residency licenses" with "residency licenses" to more accurately describe current licensing practices. The adopted rules make corresponding changes to the terminology used in the program rules.

Additionally, SB 968 repealed Occupations Code §202.260, which provided for provisional licenses. The provision was obsolete because provisional licenses were no longer being issued in the podiatry program. The adopted rules repeal a specific rule and all references to provisional licenses to align with the statutory changes.

SB 968 also repealed Occupations Code §202.061, which required members of the Podiatric Medical Examiners Advisory Board to meet certain training requirements unique to the podiatry program. The repeal makes advisory board training requirements more uniform across the Department's programs. As a result, members of the Podiatric Medical Examiners Advisory Board will receive the same training that members of other advisory boards receive. The adopted rules align with the statutory changes.

SECTION-BY-SECTION SUMMARY

Subchapter B. Advisory Board.

The adopted rules repeal §130.28, Training. The section is repealed since it has become obsolete due to the repeal of Occupations Code §202.061.

Subchapter C. Residency and Other License Types.

The adopted rules amend the title of Subchapter C by changing the title from "Temporary Residency and Other License Types" to "Residency and Other License Types." This title change was included in the proposed rules text as published, but the proposed rules notice did not include a separate explanation of this change in the Section-by-Section Summary. An explanation of the change has been included in the adopted rules notice.

The adopted rules amend §130.30 by changing the title from "Temporary Residency License--General Requirements and Application" to "Residency License--General Requirements and Application." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsections (a), (c), (d), (e), and (f).

The adopted rules amend §130.31 by changing the title from "Temporary Residency License--License Term; Residency Requirements; Program Responsibilities" to "Residency License--License Term; Residency Requirements; Program Responsibilities." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsections (a), (b), and (c), and in paragraphs (b)(1), (b)(2), (d)(1), and (d)(2).

The adopted rules amend §130.32 by changing the title from "Temporary Residency License--Final Year of Residency" to "Residency License--Final Year of Residency." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsections (a) and (b) and in paragraph (b)(3).

The adopted rules amend §130.33 by changing the title from "Temporary Residence License--Extensions" to "Residency License--Extensions." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsections (a), (b), (c), and (d).

Subchapter D. Doctor of Podiatric Medicine.

The adopted rules repeal §130.43, Doctor of Podiatric Medicine License--Provisional License. The section is repealed since it has become obsolete due to the repeal of Occupations Code §202.260.

Subchapter F. Fees.

The adopted rules amend §130.60, Fees. In paragraph (b)(1), the word "temporary" is removed from the phrase "Temporary Residency License." In paragraph (b)(2), the word "Residency" is inserted, and "Extended Temporary" is removed. Paragraph (b)(3), concerning the fee for provisional licenses, is removed, and the paragraphs that follow are renumbered.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 1, 2026, issue of the Texas Register (51 TexReg 2865). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on June 1, 2026. The Department did not receive any comments from interested parties on the proposed rules.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Podiatric Medical Examiners Advisory Board met on June 8, 2026, to discuss the proposed rules and any public comments received. No comments were received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on July 28, 2026, the Commission adopted the proposed rules as recommended by the Advisory Board.

SUBCHAPTER B. ADVISORY BOARD

16 TAC §130.28

STATUTORY AUTHORITY

The adopted repeals are adopted under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt repeals as necessary to implement Chapter 51 and each law establishing a program regulated by the Department; and §51.202, which requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering the programs.

The adopted repeals are also adopted under Texas Occupations Code, Chapter 202, specifically §202.1515, which authorizes the Commission to adopt repeals necessary to administer and enforce Chapter 202; and §202.153, which requires the Commission by rule to establish fees in amounts reasonable and necessary to cover the cost of administering Chapter 202.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the adopted repeals.

The legislation that enacted the statutory authority under which the adopted repeals are to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603431

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 463-7750

SUBCHAPTER C. TEMPORARY RESIDENCY AND OTHER LICENSE TYPES

16 TAC §§130.30 - 130.33

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, specifically §51.201 and §51.203, which authorize the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, to adopt rules as necessary to implement Chapter 51 and each law establishing a program regulated by the Department; and §51.202, which requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering the programs.

The adopted rules are also adopted under Texas Occupations Code, Chapter 202, specifically §202.1515, which authorizes the Commission to adopt rules necessary to administer and enforce Chapter 202; and §202.153, which requires the Commission by rule to establish fees in amounts reasonable and necessary to cover the cost of administering Chapter 202.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603429

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 463-7750

SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE

16 TAC §130.43

STATUTORY AUTHORITY

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the adopted repeals.

The legislation that enacted the statutory authority under which the adopted repeals are to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603432

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 463-7750

SUBCHAPTER F. FEES

16 TAC §130.60

STATUTORY AUTHORITY

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

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

Filed with the Office of the Secretary of State on August 12, 2026.

TRD-202603430

Deanne Rienstra

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2026

Proposal publication date: May 1, 2026

For further information, please call: (512) 463-7750