TITLE 22. EXAMINING BOARDS

PART 9. TEXAS MEDICAL BOARD

CHAPTER 160. GENERAL PROVISIONS

SUBCHAPTER A. GENERAL

The Texas Medical Board (Board) adopts new rule §160.8, concerning Employee Training and Education. The new rule is being adopted without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4459). The adopted new rule will not be republished.

The adopted new rule §160.8, relating to Employee Training and Education, authorizes reimbursement of training and education expenses consistent with Subchapters C and D, Chapter 656, Texas Government Code.

No written comments were received and no one appeared to testify regarding the new rule at the public hearing on August 14, 2026.

The new rule is adopted under the authority of Subchapters C and D, Chapter 656, Texas Government Code and Texas Occupations Code §153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act and to adopt rules necessary to perform its duties.

No other statutes, articles or codes are affected by this adoption.

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 14, 2026.

TRD-202603484

Scott Freshour

General Counsel

Texas Medical Board

Effective date: September 3, 2026

Proposal publication date: July 10, 2026

For further information, please call: (512) 305-7059

CHAPTER 161. PHYSICIAN LICENSURE

SUBCHAPTER H. CONTINUING MEDICAL EDUCATION REQUIREMENTS FOR LICENSE RENEWAL

22 TAC §161.35

The Texas Medical Board (Board) adopts amendments to Chapter 161, concerning Continuing Medical Education (CME) Requirements for License Renewal. The amendments to rule §161.35 are being adopted without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4460). The adopted amendments to rule §161.35 will not be republished.

These rules are mandated by the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Sections 156.057 and 156.061. The proposed amendments require licensed physicians to complete specified continuing medical education on forensic evidence collection as well as nutrition and metabolic health.

The adopted amendments to §161.35 are as follows:

Amendment to §161.35(a) adds section (3)(A), requiring licensed physicians to complete two credit hours of CME in accordance with §156.057 of the Act and provides that the Board will recognize any course found acceptable to the Governor's Sexual Assault Survivors' Task Force to meet the requirement for continuing education in forensic evidence collection. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

Amendment to §161.35(a) adds section (3)(B), requiring licensed physicians to complete one credit hour of CME, in accordance with §156.061 of the Act, in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

The Board received one written comment regarding the proposed amendments to rule §161.35 from Texas Society of Eye Physicians and Surgeons. No one appeared to testify regarding the new rule at the public hearing on August 14, 2026. A summary of comments relating to the new rule and the Board responses, follows.

Comment: Texas Society of Eye Physicians and Surgeons asks that the Board revise the proposed rules to clarify that physicians who do not specialize in emergency medicine are not subject to these CME requirements.

Response: The Board declines to make this clarification. The Board does not track licensee practice designation and, therefore, CE Broker has a work-around and handles attestations for exemptions. The Board's CME tracking system, CE Broker, allows the licensee to claim an exemption when their practice area or designation does not require the CME based on the statutory specifications. The Board has determined that the CE Broker exemption or attestation process has worked historically for statutorily required Opioid and Human Trafficking CME, as those CME topics are also required based on practice designation.

The amendments to the rule are adopted pursuant to the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Section 156.057 and added new Texas Occupations Code Section 156.061. These Sections require the Board to adopt rules to implement such sections. Specifically, Texas Occupations Code, Section 153.001, provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act, adopt rules necessary to perform its duties and regulate the practice of medicine in this state. Texas Occupations Code, Sections 156.057 and 156.061, provide authority for the Board to recommend and adopt rules to implement these sections. No other statutes, articles or codes are affected by this adoption.

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 14, 2026.

TRD-202603485

Scott Freshour

General Counsel

Texas Medical Board

Effective date: September 3, 2026

Proposal publication date: July 10, 2026

For further information, please call: (512) 305-7059

CHAPTER 183. PHYSICIAN ASSISTANTS

SUBCHAPTER B. LICENSING AND REGISTRATION

22 TAC §183.16

The Texas Medical Board (Board) adopts amendments to Chapter 183, concerning Biennial Continuing Medical Education (CME) Requirements concerning Physician Assistants. The amendments to rule §183.16 are being adopted without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4466). The adopted amendments to rule §183.16 will not be republished.

These rules are mandated by the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Sections 204.1563. The proposed amendments require licensed physician assistants to complete specified continuing medical education on forensic evidence collection as well as nutrition and metabolic health.

The adopted amendments to rule §183.16 are as follows:

Amendment to §183.16(a) adds section (2)(A) requiring physician assistants to complete two credit hours of continuing medical education (CME) in accordance with § 204.1563 of the Act and provides that the Board will recognize any course found acceptable to the Governor's Sexual Assault Survivors' Task Force to meet the requirement for continuing education in forensic evidence collection. The bill requires the Medical Board, on recommendations of the Physician Assistant Board, to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

Amendment to §183.16(a) adds section (2)(B) requiring physician assistants to complete one credit hour of continuing medical education (CME), in accordance with § 204.1563 of the Act, in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee. The bill requires the Medical Board, on recommendations of the Physician Assistant Board, to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.

No written comments were received and no one appeared to testify regarding the amendment to rule §183.16(a) at the public hearing on August 14, 2026.

The amendments to the rule are adopted pursuant to the passage of HB47 and SB25 (89th Regular Legislative Session) which added new Texas Occupations Code Section 204.1563. This Section requires the Board to adopt rules to implement such sections. Specifically, Texas Occupations Code, Section 204.101, provides authority for the Board to adopt rules necessary to administer and enforce the Physician Assistant Licensing Act, adopt rules necessary to perform its duties and regulate the practice of medicine by a physician assistant in this state. Texas Occupations Code, Section 204.1563, provide authority for the Board to recommend and adopt rules to implement these sections. No other statutes, articles or codes are affected by this adoption.

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 14, 2026.

TRD-202603486

Scott Freshour

General Counsel

Texas Medical Board

Effective date: September 3, 2026

Proposal publication date: July 10, 2026

For further information, please call: (512) 305-7059

CHAPTER 186. MEDICAL RADIOLOGIC TECHNOLOGY

SUBCHAPTER C. NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS

22 TAC §186.26

The Texas Medical Board (Board) adopts amendment concerning Chapter 186, Medical Radiologic Technology, Subchapter C, concerning Non-Certified Technician Registration and Practice Requirements, §186.26. The amendment to the rule is being adopted without changes to the proposed text as published in the March 20, 2026, issue of the Texas Register (51 TexReg 1788). The adopted amendment to the rule will not be republished.

The adopted amendment to §186.26, relating to Education Standards for Non-Certified Technician, clarifies that the rule does not require 120 classroom hours, but rather, the educational standard is met upon completion of the minimum hours required by an approved program within each topic area. Specifically, the adopted amendment in subsection (a)(4) further clarifies that, within an approved program, a non-certified technician is required to complete one or more of the units of applied human anatomy on the list, but not all.

The Board received 66 written comments regarding the proposed amendment to rule from registered MRTs or Radiologic Technology educators and the Texas Society of Radiologic Technology. One member of the public, identified as the president of an MRT society, appeared to testify regarding the amendment to the rule at the Texas Board of Medical Radiologic Technology meeting on June 26, 2026. A summary of comments relating to the amendment to the rule, and the Board responses, follows.

Comment: Texas Society of Radiologic Technology commented that an individual could qualify for NCT registration with as few as 66 total classroom hours, which they think lowers threshold entry. They ask that comprehensive educational requirements on multiple anatomical areas be maintained; scope of practice be clarified and that minimum hour requirements be re-evaluated.

Response: Historically, there was never a 120-hour classroom requirement for this certification type. This was a scrivener error that occurred when the Board underwent a major rule reorganization and re-write. Therefore, this amendment corrects and restores the original requirements for NCTs. The rule, as amended, specifies that a minimum number of hours are to be completed, plus completion of one or more units of applied human anatomy and radiologic procedures delineated in the rule.

Comment: Group and individual commenters expressed concern about limiting training to one anatomical area and commented that the rule amendment would reduce didactic hours.

Response: Historically, there was never a 120-hour classroom requirement for this certification type. This was scrivener error that occurred when the Board underwent a major rule reorganization and re-write. Therefore, this amendment corrects and restores the original requirements for NCTs. The rule, as amended, specifies that a minimum number of hours are to be completed, plus completion of one or more units of applied human anatomy and radiologic procedures delineated in the rule.

The amendment to the rule is adopted under the authority of Texas Occupations Code §§153.001 and §601.052 and §601.0522, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Radiologic Technologist Certification Act and to adopt rules necessary to regulate and license non-certified technicians.

No other statutes, articles or codes are affected by this adoption.

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 14, 2026.

TRD-202603489

Scott Freshour

General Counsel

Texas Medical Board

Effective date: September 3, 2026

Proposal publication date: March 20, 2026

For further information, please call: (512) 305-7059

PART 10. TEXAS FUNERAL SERVICE COMMISSION

CHAPTER 206. ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS

22 TAC §206.1

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.1, Jurisdiction of Board, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4468) and will not be republished.

Reasoned Justification OF ADOPTED REPEAL.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The repeal is adopted under Texas Health and Safety Code, Chapter 691, including §691.Go1, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The adopted repeal is also adopted under Chapter 692A, health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.

The statutory provisions affected by the adopted repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

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 17, 2026.

TRD-202603539

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.1

The Texas Funeral Service Commission (Commission or TFSC) adopts new §206.1, relating to Scope and Definitions. Section 206.1 is adopted with changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4469) and will be republished.

Reasoned Justification.

The adopted new rule under Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted new rule rewrites the section to state the purpose and scope of the chapter and to consolidate the definition used through out the Commission's rule implementing Texas Health and Safety Code, Chapters 691 and 692A. The adopted new rule identifies the material and persons regulated under the chapter, clarifies that microscopic and laboratory material governed by other law is not regulated as a body or anatomical specimen, and defines the terms used throughout the chapter's scope, and give the regulated community and the public consistent, plain-language definitions.

General Comments.

The agency received eight comments regarding the proposed new rule, which centered on jurisdictional scope and definition, including the treatment of transplant-related material, microscopic and laboratory material, NADOs and OPOs, authorized entities, and transfer.

Agency Response.

The agency appreciates the public comments. The agency believes changes to clarify the exclusion of transplant activity without treating organ or tissue donation as a method of final disposition; clarify excluded microscopic and laboratory material; update the AATB reference; refine the definitions of "authorized entity" and "transfer"; and make related technical and grammatical corrections. Where commenters requested broader exclusions from Chapter 206, staff did not adopt those changes.

Statutory Authority.

The new rule is adopted under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The new rule is also adopted under Chapter 692A, Health and Safety Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.

The statutory provision affected by the adopted rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the new rule is adopted in Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.1. Scope and Definitions.

(a) Purpose. This section establishes the scope of the material regulated under this chapter and defines terms used throughout the commission's rules implementing Health and Safety Code Chapters 691 and 692A.

(b) Regulated material; application.

(1) This chapter applies to a body, and to each anatomical specimen derived from a body, when:

(A) the method of disposition recorded on the certificate of death is "Donation" (see 25 TAC §181.14 and the certificate of death prescribed by the Department of State Health Services);

(B) a non-transplant anatomical donation organization is the donee for the purpose of education or research under Chapters 691 or 692A, Health and Safety Code; or

(C) the body is otherwise lawfully donated to, delivered to or distributed by the commission under Chapters 691 or 692A, Health and Safety Code, including a body delivered under §691.023 (duty to deliver certain bodies) or §691.026 (body of a traveler).

(2) This chapter does not apply to a body whose method of disposition recorded on the certificate of death is burial, cremation, entombment, mausoleum, or removal from state.

(3) Microscopic and laboratory material derived from a body or specimen--including blood and blood components, fluids drawn for laboratory analysis, histologic, microscopic, skeletal, or brain specimens such as slides or paraffin blocks, cell or tissue cultures, and extracted nucleic acids--is not regulated as a body or anatomical specimen under this chapter, to the extent it is governed by other law.

(4) Commercially acquired skeletal material is not subject to this chapter.

(5) This chapter applies to a body or anatomical specimen in the custody or control of a person registered with, authorized by, or approved by the commission under this chapter, without regard to the source from which the body or anatomical specimen was received, including a body or anatomical specimen received from a non-transplant anatomical donation organization or from an organ procurement organization for use in research or education. This chapter does not apply to the recovery, screening, testing, storage or allocation of an organ, an eye, or tissue transplanted into a human under Chapter 692A, Health and Safety Code.

(6) A gift of a whole body is subject to the chapter. Under §692A.011(a)(4), Health and Safety Code, an eye bank or tissue bank's use of a gift of a whole body must be coordinated through the commission.

(c) Definitions. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise. A term not defined here has the meaning given in Health and Safety Code §691.001.

(1) "AATB" means the American Association of Tissue Banks, or a successor entity including Association for Advancing Tissue and Biologics that maintains the AATB standards..

(2) "Administrator in Charge" or "AIC" means an individual or an administrative body of an authorized entity headed by an individual who has the authority to represent the entity and who is responsible for the operation of the entity according to federal, state and local laws, and the policies and procedures of the entity's governing body. The Administrator in Charge is the primary point of contact with the commission on behalf of the authorized entity or applicant.

(3) "Advancement of medical or forensic science" - means the use of a whole body or anatomical specimen donation for the advancement of medical, allied health, dental, or forensic science education, research, or training, including dissection, operation, examination and experimentation, by authorized entities for non-transplant purposes allowed under Health and Safety Code Chapter 691. Pursuant to Health and Safety Code, §691.001(6), willed body programs may only use donor whole bodies or anatomical specimens for educational or research purposes.

(4) "Agent" has the meaning assigned in Health and Safety Code §692A.002(2).

(5) "Anatomical Specimen" has the meaning assigned in Health and Safety Code §691.001(3)). The term does not include the microscopic or laboratory material described in subsection (b)(3) of this section or material intended for transplant in a living human recipient.

(6) "Approved Setting" means a registered willed body program, registered non-transplant anatomical donation organization, registered anatomical facility, or other setting approved and inspected by the commission under §691.034, with appropriate biosafety and access controls. A venue offering general admission to the public is not an approved setting.

(7) "Authorized Entity" means an entity registered by, or inspected and approved by, the commission under §691.034, Health and Safety Code.

(8) "Authorized Person" means a person authorized to receive or use a body or anatomical specimen under §691.033(a) and designated or registered by the commission, as further provided in §206.2 of this title. The term includes both an authorized entity and an authorized individual.

(9) "Bioskills Trainer" means a medical device manufacturer's approved bioskills trainer.

(10) "Body" has the meaning assigned in Health and Safety Code §691.001(2).

(11) "Consent for donation" means:

(A) informed consent for donation meeting the requirements of §691.028, Health and Safety Code; or

(B) an anatomical gift made under Chapter 692A, Health and Safety Code, including a gift made by a person authorized under §692A.009, Health and Safety Code, in the manner provided by §692A.010, Health and Safety Code.

(12) "Designated Responsible Individual" means the individual or individuals designated by and accountable for an entity's compliance with this chapter with respect to each body or anatomical specimen. For non-traditional approved anatomical facilities, a Designated Responsible Individual must be on-site for the duration of the activity with the body or anatomical specimen.

(13) "Donor" has the meaning assigned in Health and Safety Code Section 692A.002(9).

(14) "Forensic science program" has the meaning assigned in Health and Safety Code Section 692A.011(a)(5).

(15) "Governing body" means the governing authority of an authorized entity that is responsible for the entity's organization, management, control, and operation, including appointment of staff; includes the owner or partners for authorized entities that are owned or operated by an individual or partners.

(16) "Medical waste" has the meaning defined in 30 TAC §326.3(23). However, if a facility hosts a lab, course, training or other event in which a decedent whole body or anatomical specimen is used for purposes authorized under Health and Safety Code Chapter 691, then the facility is considered a "health care-related facility" for the purpose of this chapter and Health and Safety Code, chapter 691 for the length of time in which the decedent whole body or anatomical specimen is physically located at the facility.

(17) "Non-traditional Anatomical Facility" means an inspected anatomical facility in a setting other than a purpose-built permanent anatomical facility.

(18) "Person" has the meaning assigned in Health and Safety Code Section 692A.002(22).

(19) "Public Display" means the display, dissection, or exhibition of a body or anatomical specimen before an audience admitted from the general public, whether or not a fee is charged, other than as part of a bona fide educational activity meeting the conditions of §206.7 of this title.

(20) "Qualified Instructor" means a licensed physician, or dentist, a person holding an earned doctoral, master's or professional degree in anatomy or a related health science, a licensed or certified anatomist, or a state licensed educator or state licensed embalmer delivering instruction or medical, doctoral or master's student within an accredited educational program.

(21) "Search and rescue organization" includes a search and rescue organization or recovery team as defined in Health and Safety Code Section 692A.011(a)(6).

(22) "Transfer" means a change in physical custody or of legal control of a body or anatomical specimen, whether within this state, into this state, or out of this state. The term does not include the movement of a body or anatomical specimen within the premises and under the continuous responsibility of a single authorized entity.

(23) "Violation" is the failure to comply with applicable statutes or commission rules adopted under Health and Safety Code Chapter 691 or Occupations Code Chapter 651 and under the methods authorized thereby. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

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 17, 2026.

TRD-202603540

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.2

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.2, Institutional Requirements, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4472) and will not be republished.

Reasoned Justification OF ADOPTED REPEAL.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The statutory provisions affected by the adopted repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

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 17, 2026.

TRD-202603541

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.2

The Texas Funeral Service Commission (Commission or TFSC) adopts new §206.2, relating to Authorized Activities. Section 206.2 is adopted with changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4473) and will be republished.

REASONED JUSTIFICATION.

The adopted new rule under Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code. The adopted new rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted new rule rewrites the section to state the purpose and scope of the chapter and to consolidate the definition used throughout the Commission's rule implementing Texas Health and Safety Code, Chapter 691. The proposed rule satisfies the Commission's mandatory duty under §691.033(d), Health and Safety Code, to clearly state the activities authorized in relation to the use or dissection of a body or anatomical specimen, to aid prosecutions under §42.08, Penal Code. The adopted rule is necessary to satisfy the Commission's mandatory duty under §691.033(d), Health and Safety Code; provide predictable protection for legitimate professional, educational, research, and forensic practice; and give prosectors and the public clear notice of the activities authorized and performed with legal authority under Chapter 691.

GENERAL COMMENTS.

The agency received six comments regarding the proposed new rule, which focused on who may act as an authorized person, employees acting for authorized entities, medical and surgical training activities, experimentation, consent, and the locations in which authorized activities may occur.

AGENCY RESPONSE.

The agency appreciates the public comments. The agency believes changes to clarify the employee acting within the scope of an authorized entity's activities does not need a separate individual authorization; align the rule with the "consent for donation" terminology used throughout the package; and refine the location requirement so an authorized activity must occur at a location approved by the Commission for that activity. Staff also made conforming changes to the special-project and approval language.

STATUTORY AUTHORITY.

The new rule is adopted under Texas Health and Safety Code, Chapter 691, including §691.022(c), which requires the Commission to adopt rules, establish procedures necessary to administer and enforce the chapter; §691.033(a), which authorizes the use, dissection, operation on, examination, and experimentation on a body or anatomical specimen to further medical or forensic science, and §691.033(d), which requires the Commission to adopt rules that clearly state the activities authorized in relation to the use or dissection of a body to aid prosecutions under §42.08, Penal Code; and §691.034, which provides for registration, inspection, and authorization of persons using bodies and anatomical specimens. The adopted rule is also adopted under Chapter 651, Occupations Code, including §651.005.

The statutory provision affected by the adopted rule are those set forth in Texas Health and Safety Code, Chapter 691; Texas Occupations Code, Chapter 651; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the new rule is adopted in Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.2. Authorized Activities.

(a) Authority and purpose.

(1) This section is adopted under §§691.022(c), 691.033(a) and (d), and 691.034, Health and Safety Code.

(2) This section satisfies the commission's mandatory duty under §691.033(d) to clearly state the activities authorized in relation to the use or dissection of a body or anatomical specimen under the jurisdiction of the commission, provides predictable protection for legitimate professional practice, and defines the procedural standards governing the commission's administrative enforcement. To the extent of any conflict, this section supersedes the abuse-of-corpse provisions of 22 TAC §206.15 of this title (relating to Abuse of a Corpse).

(b) Authorized persons; designation.

(1) Subject to registration, inspection, and / or licensure by the commission, as applicable, and to consent for donation, as defined in §206.1 of this title (relating to Scope and Definitions), the following are authorized persons who may receive or use a body or anatomical specimen derived from a whole body under §691.033(a), Health and Safety Code:

(A) a willed body program;

(B) a non-transplant anatomical donation organization; and

(C) an anatomical facility inspected and approved under §691.034, Health and Safety Code, only for the purposes of using a body or anatomical specimen, including:

(i) an institution of higher education, and a program within it, in medicine, osteopathic medicine, dentistry, nursing, physician assistant studies, physical therapy, athletic training, emergency medical services or paramedicine, mortuary science, biology, anatomy, biomedical engineering, forensic science, or other health science;

(ii) a licensed physician, dentist, or other licensed health professional conducting education, training, or research consistent with §691.033(a);

(iii) a forensic science program, forensic biology, forensic chemistry, forensic anthropology or taphonomy facility at an institution of higher education or a governmental forensic agency;

(iv) a search-and-rescue organization recognized by the commission for human-remains-detection canine training;

(v) a United States military or other federal medical, dental, surgical, forensic, or health-science education, training, or research program operating in this state, to the extent it receives or uses a body or anatomical specimen derived from a whole body under Chapter 691, Health and Safety Code;

(vi) a medical device, biotechnology, or pharmaceutical entity conducting education, training, research, or development, when receiving bodies or anatomical specimens from, or using bodies or anatomical specimens at, a registered willed body program, non-transplant anatomical donation organization, or anatomical facility;

(vii) a continuing professional education or surgical-training provider conducting activities in an approved setting when receiving bodies or anatomical specimens from, or using bodies or anatomical specimens at, a registered willed body program, non-transplant anatomical donation organization, or anatomical facility;

(viii) an eye bank or tissue bank, in coordination with the commission, only for the purposes of using a body or anatomical specimen. This chapter does not apply to these banks when receiving donations under Chapter 692A, Health and Safety Code, other than whole bodies;

(ix) a governmental medical examiner, law enforcement, first responder agency or forensic agency for education, training, or research, in coordination with the commission; and

(x) any other person designated by the commission under paragraph (5) of this subsection.

(2) Authorized Person. The commission may designate a natural person as an authorized individual under this subsection in the person's own right, as distinct from an entity. An individual acting within the course and scope of employment with an authorized entity while performing the entity's authorized activities is not required to hold a separate individual authorization or registration under this paragraph; however, the authorized entity at all times remains responsible for the actions of its employees under this subsection.

(3) Designated Responsible Individual. Each authorized entity shall designate a responsible individual or individuals accountable for the entity's compliance with this chapter with respect to each body or anatomical specimen. For non-traditional approved anatomical facilities, a Designated Responsible Individual must be on-site for the duration of the activity with the body or anatomical specimen.

(4) Experimentation. As used in §691.033(a), Health and Safety Code, and this section, experimentation means systematic inquiry, testing, or development performed on a body or anatomical specimen to advance medical, surgical, dental, forensic, or other health science.

(5) Designation of additional authorized persons.

(A) A person not within paragraph (1) of this subsection may apply to the commission for designation as an authorized person under §691.033(a), Health and Safety Code, describing the applicant, the intended use, the setting, the supervision, and the recordkeeping and chain-of-custody measures the applicant will follow.

(B) The commission shall refer the application to the State Anatomical Advisory Committee, which shall review it against the criteria in subsection (c) of this section and submit a recommendation to the commission.

(C) In reviewing an application, the advisory committee and the commission shall consider whether the proposed use furthers medical or forensic science under §691.033(a), Health and Safety Code; is within the scope of the consent for donation; will occur in an approved setting under qualified supervision; and will be supported by the records and chain of custody required under this chapter.

(D) The commission shall make the final designation decision after considering the advisory committee's recommendation. A designation may be conditional, limited in duration, or revoked.

(c) Authorized activities. The activities listed in this subsection, when performed by an authorized person within the scope of the consent for donation, are authorized under §691.033(a), Health and Safety Code. The list in this subsection is illustrative of the activities authorized under §691.033(a), Health and Safety Code, and is not exhaustive. An activity within the scope of §691.033(a), Health and Safety Code, is authorized whether or not specifically named.

Figure: 22 TAC §206.2(c) (.pdf)

(d) Activities outside the listed scope. An activity not specifically listed in subsection (c) of this section is authorized when:

(1) the activity is within the scope of the consent for donation; or

(2) the entity provides prior written notice to the commission describing the activity, its purpose, and its alignment with §691.033(a), Health and Safety Code, and the commission does not object within 30 days of receipt.

(e) Safe harbor; conduct with legal authority.

(1) An authorized activity is performed with legal authority within the meaning of Texas Penal Code §42.08 (Abuse of Corpse).

(2) Consistent with §691.033(c), Health and Safety Code, a law relating to the prevention of mutilation of a body does not apply to the use, dissection, operation, examination, or experiment on a body or anatomical specimen authorized under §691.033, Health and Safety Code.

(3) Experimentation, as defined in subsection (b)(4) of this section and expressly authorized by §691.033(a), Health and Safety Code, is an authorized activity when performed by an authorized person within the scope of donor consent. Describing conduct as "experiment" or "experimentation" does not by itself remove it from this safe harbor.

(4) An authorized activity is not subject to administrative penalty under §691.022(c), Health and Safety Code, and is not grounds for suspension, revocation, or denial of registration under §691.034(c) or (d), based solely on the nature of the activity.

(5) Nothing in this section limits the discretion of a district attorney, county attorney, or other prosecuting authority in the exercise of constitutional and statutory charging authority.

(f) Activities not authorized. The following are not authorized under §691.033(a), Health and Safety Code, and are not within the safe harbor of subsection (e) of this section:

(1) use of a body or anatomical specimen outside the scope of the consent for donation;

(2) sale, purchase, or transfer of a body or anatomical specimen for valuable consideration in violation of §692A.016, Health and Safety Code;

(3) use of a body or anatomical specimen by a person not authorized under §691.033(a), Health and Safety Code and this section;

(4) public display of identifying features of a donor (including face, identifying tattoos, scars, or donor identification numbers) without donor consent or appropriate dignity protections;

(5) any activity that an authorized person knows or reasonably should know violates Health and Safety Code, Chapter 691, Chapter 692A, or commission rule;

(6) any authorized activity not performed at a location approved by the commission for the activity. This paragraph does not prohibit a licensed funeral establishment from receiving a body or anatomical specimen for transport, preparation, or final disposition, or a licensed crematory establishment from receiving a body or anatomical specimen for cremation, as provided by §206.4 (relating to Transport, Importation and Exportation of Bodies) and §206.14 of this title (relating to Disposition of the Body and Disposition of Remains).

(g) All requests for transfer of bodies or anatomical specimens directed to a registered or approved willed body program, a registered non-transplant anatomical donation organization, or an inspected and approved anatomical facility - must be made or approved in writing by a Designated Responsible Individual of the requesting entity and acted on by a Designated Responsible Individual of the releasing entity. This subsection is a documentation and accountability requirement adopted under 691.022(c) and 691.031, Health and Safety Code; it does not require commission approval of a transfer and does not exempt any transfer from §§206.3 (relating to Chain of Custody), 206.4, or 206.5 (relating to Transfer of Bodies or Anatomical Specimens) of this title.

(h) Relationship to Penal Code §42.08. This section is adopted to aid prosecutions under Texas Penal Code §42.08 as required by §691.033(d), Health and Safety Code, by giving prosecutors and the public clear notice of the activities authorized and performed with legal authority under Chapter 691, Health and Safety Code, This section does not create, expand, or limit any criminal offense, defense, or element under the Penal Code, except as stated in subsection (e) of this section.

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 17, 2026.

TRD-202603542

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.3

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.3, Distribution Priorities, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4476) and will not be republished.

Reasoned Justification OF ADOPTED REPEAL.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The statutory provisions affected by the adopted repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

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 17, 2026.

TRD-202603543

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.3

The Texas Funeral Service Commission (Commission or TFSC) adopts new §206.3, relating to Chain of Custody. Section 206.3 is adopted with changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4477) and will be republished.

Reasoned Justification.

The adopted new rule under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.

General Comments.

The agency received seven comments regarding the proposed new rule, addressed electronic tracking systems, specimen identifiers, internal movement, derived specimens, privacy, responsibility for prior entries, and record retention.

Agency Response.

The agency appreciates the public comments. The agency believes changes to clarify the version of the Commission form in effect when the body or specimen is first received remains valid for the case; require the form to remain HIPAA compliant; use broader chain-of-custody system terminology; clarify that internal movement under one entity's continuous responsibility is not a new transfer; and refine the seven-year retention record period so it is tied to custodian's last custody date, or final disposition for the person performing final disposition.

Statutory Authority.

The new rule is adopted under Texas Health and Safety Code, Chapter 691, including §691.011, which requires the Commission to keep identification records; §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter; §691.031, which requires the Commission to adopt rules ensuring proper transportation of bodies and the completion, maintenance, and transfer of a chain-of-custody form prescribed by the Commission and the availability of those records for inspection; and §691.033, which addresses recordkeeping for bodies and anatomical specimens. The adopted new rule is also adopted under Chapter 651, Occupations Code, including §651.005.

The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.3. Chain of Custody.

(a) Authority. This section is adopted under the authority of Texas Health and Safety Code §§ 691.011, 691.022(c), 691.031, and 691.033.

(b) Application. This section applies to every person with control or possession of a body or anatomical specimen received, distributed, or used under Chapter 691, Health and Safety Code.

(1) The commission prescribes the chain-of-custody form, which is incorporated by reference and available on the commission's website. The form satisfies the requirement of Health and Safety Code §691.031(a)(3)(A).

(2) The commission may revise the form from time to time. The version of the form published on the commission's website as of the date of first receipt of the body or anatomical specimen remains valid for the body or anatomical specimen covered by that form.

(3) The form must remain HIPAA compliant.

(d) Completion of form.

(1) The entity that first acquires a body or anatomical specimen under Chapter 691 shall initiate the form by completing Section A (Header), including the specimen unique identifier assigned under the commission's adopted identifier nomenclature.

(2) At each transfer of custody, the releasing party and the receiving party shall each complete and sign the corresponding entries in Section B (Custody Transfers).

(3) The commission may develop a chain-of-custody system which contains the information contained in the form, and electronic completion of the form satisfies the requirements of this section and Health and Safety Code §691.031. An entity's existing electronic tracking system satisfies this section if the commission confirms in writing that the system captures the data fields of TFSC chain-of-custody form, maintains audit trail required by subsection (i)(2) of this section, transmits data in a compatible format to the commission's electronic chain-of-custody system in real time and meets the production requirement of subsection (j) of this section. A confirmation under this paragraph is a method of compliance, not an exemption, and may be revoked on a determination that the system no longer meets these requirements.

(4) Movement of a body or anatomical specimen within the premises and under the continuous responsibility of a single authorized entity, including movement between secure storage and a laboratory or between workstations, is not a transfer of custody requiring an entry under paragraph (2) of this subsection. The entity's security and tracking procedures under §206.12(c)(4)(D) of this title governs those movements.

(e) Transport providers.

(1) A courier acting in a transportation capacity, without opening the transport container or exercising discretion over the specimen, shall be indicated by name on the form.

(2) An entity that takes custody for any purpose other than transport, including temporary storage, repackaging, or inspection, shall complete a full custody entry as the receiving party.

(f) Disarticulation and derived specimens.

(1) Where a whole body is disarticulated into multiple anatomical specimens, the master form covering the whole body shall be retained by the entity that performed the disarticulation, and a new chain-of-custody form shall be initiated for each derived specimen, cross-referencing the master form's specimen unique identifier.

(2) The retention requirement in subsection (h) of this section applies to the master form and to each derived form.

(3) Paragraph (1) of this subsection applies when a specimen is separated from a body for separate use, transfer or disposition. Natural disarticulation of skeletal elements maintained together at the same facility under the master form does not require initiation of a derived form until an element is separately used, transferred, or distributed, at which time a derived form cross-referencing the master form's specimen unique identifier must be initiated.

(g) Transfer of form with custody. Consistent with Health and Safety Code §691.031(a)(3)(C), each person who transfers custody of a body or anatomical specimen shall transfer the original or a complete copy of the chain-of-custody form to the receiving party at the time of transfer, and shall retain a copy.

(h) Retention. Each person with custody of a body or anatomical specimen shall retain a copy of the chain-of-custody form for seven (7) years following the later of the person's last date of custody of the body or anatomical specimen or, for the person performing final disposition, the date of final disposition, or for such longer period as required by other applicable law.

(i) Format.

(1) The chain-of-custody form may be maintained in paper or electronic format, and additionally may be used in multiple copies, so long as each copy maintained by the sender and receiver contains a complete copy of the form.

(2) An electronic form shall:

(A) contain all required fields;

(B) capture signatures by electronic means consistent with Tex. Bus. & Com. Code Chapter 322 (Uniform Electronic Transactions Act); and

(j) Inspection and production. Consistent with Health and Safety Code §691.031(f), each chain-of-custody form shall be made available for inspection by the commission or by a district or county attorney upon request not later than two (2) business days of a written request.

(k) Failure to comply. Failure to complete, retain, or transfer a chain-of-custody form as required by this section may result in administrative penalties under §691.022(c) or suspension or revocation of registration under §691.034(c) or (d).

(l) Responsibility. Each person completing an entry under this section is responsible for the accuracy and completeness of the person's own entries for the person's own period of custody and may rely in good faith on the form as received. This subsection does not limit the commission's authority under §691.034(b), Health and Safety Code, with respect to any person's own conduct, and does not relieve any person of the duties imposed by §691.031(d)-(f), Health and Safety Code, applicable to that person as a sender or receiver.

(m) Implementation. The commission will not enforce the form-completion requirements of this section before the 30th day after the effective date of this section. The commission will publish the chain-of-custody form, the specimen unique identifier nomenclature, and technical specifications for electronic completion before that date.

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 17, 2026.

TRD-202603544

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.4

The Texas Funeral Service Commission (Commission or TFSC) adopts amendments to §206.4, relating to Transport, Importation and Exportation of Bodies. Section 206.4 is adopted with changes to the adopted text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4479) and will be republished.

Reasoned Justification.

The adopted amendment under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.

The adopted amendment updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted rule amends the section to conform it to Senate Bill 2040 and current statutory structure, including replacing references to the former "board" and "secretary-treasurer" with the Commission and its Executive Director and updating provisions governing transport, importation, and exportation of bodies and anatomical specimens. It removes a redundant provision regarding violations of rules and also moves and revises a requirement for a yearly procurement and use report for anatomical entities to assist the commission in evaluating compliance with statutory requirements for export. The adopted rule is necessary to conform the rule to Chapter 691 as amended by Senate Bill 2040, ensure the secured and dignified transport of bodies and anatomical specimens, and provide clear conditions for importation into and exportation out of this state.

General Comments.

The agency received three comments regarding the adopted amendment, which centered on focused primarily on interstate movement, NADO transfers, the scope of Commission approval authority, and return shipments to an out-of-state provider.

Agency Response.

The agency appreciates the public comments. The agency believes changes to clarify the import-notification timing, recognize the statutory treatment of qualifying NADO export activity, and clarify that returning a body or specimen to the same out-of-state provider after completion of the authorized Texas activity is completion of the original documented transfer and does not require a new export approval. Other transportation and chain-of-custody requirements continue to apply.

Statutory Authority.

The amendment is adopted under Texas Health and Safety Code, Chapter 691, including §691.022(c), which requires the Commission to adopt rules and establish procedures necessary to administer and enforce the chapter; §691.029, which authorizes the Commission to receive, distribute, and transfer a body or anatomical specimen from inside or outside this state; §691.030, which governs the Commission's distribution and out-of-state transport of bodies and anatomical specimens; and §691.031, which requires the Commission to adopt rules ensuring proper transportation and labeling. The amended rule is also adopted under Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code, including §651.005.

The statutory provisions affected by the adopted rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.4. Transport, Importation and Exportation of Bodies.

(a) Transport of Bodies. The transfer and transport of bodies or anatomical specimens from one willed body program, non-anatomical donation organization or anatomical facility to another, or for export from the state, shall be done in an appropriate, secured vehicle operated by a licensed funeral establishment, ambulance service, willed body program, non-anatomical donation organization, anatomical facility, search organization, or public carrier. A label with the statement that the container's contents are derived from human tissue shall be affixed to the container in which the body or anatomical specimen is transported. The container shall be secured, packaged to prevent leakage of fluids and kept at an appropriate interior temperature to prevent decomposition and emission of odors.

(b) Each body or anatomical specimen shall be carefully deposited and transported with the least possible public display.

(c) Importation. Notification of the intent to import a body or anatomical specimen from outside of the State of Texas shall be given to the commission in writing as soon as practicable. Such bodies or specimens shall fall under the jurisdiction of the commission upon entering the State of Texas, and all rules regulating such material shall apply.

(d) Exportation. No body or anatomical specimen under the jurisdiction of the commission including donations to tissue banks authorized by Health and Safety Code, Chapter 692A, shall be shipped out of the State of Texas, unless permission in writing for such shipment has been granted by the commission.

(1) The commission may grant approval of exportation of a body or anatomical specimen if it determines that:

(A) the recipient out-of-state institution is a willed body program, non-transplant anatomical donation organization or anatomical facility of the same type as those authorized recipients listed in §206.2 of this title (relating to Authorized Activities);

(B) the supply of bodies or anatomical specimens exceeds the needs for bodies or anatomical specimens in this state; and

(2) If, in the opinion of the commission, a video or in-person site visit to the requesting institution is desirable or necessary to verify that the requesting institution respects the dignity of the human body and complies with any restrictions contained in the donor instrument, such a visit shall be made by the willed body program or non-transplant anatomical organization and a report made to the commission, which includes, but is not limited to, a review of the materials required §206.12(c)(4)(D) of this title (relating to Registration Application and Inspection Required) and implementation procedures of the out of state facility as a condition of approving the transfer. The expenses incurred by such a site visit shall be reimbursed by the potential receiving institution.

(3) To the extent §691.030(e), Health and Safety Code, excludes a body or anatomical specimen donated to a registered non-transplant anatomical donation organization from §691.030, Health and Safety Code, the approval requirements of this subsection and paragraph (1) of this subsection do not apply to the exportation of that body or anatomical specimen. The registered non-transplant anatomical donation organization shall provide the commission written notice of the exportation, in the form or electronic system prescribed by the commission, before or at the time of shipment. This paragraph applies only to the body or anatomical specimen described by §691.030(e), Health and Safety Code; it does not exempt the organization or any other person from subsections (a), (b), (c), or (f) of this section, from §206.3 of this title (relating to Chain of Custody), or from any other requirement of this chapter, and it does not apply to a body or anatomical specimen distributed by or through the commission or a willed body program.

(4) The return of a body or anatomical specimen to the out-of-state person from which it was received, on completion of the authorized activity for which it was transferred into this state, is the completion of the original documented transfer, must be recorded on the chain-of-custody form under §206.3 of this title, and does not require approval under this subsection.

(e) Proscription of local removal. Bodies or anatomical specimens shall not be removed or relocated from the designated premises of the willed body program, non-transplant anatomical donation program, or anatomical facility which have been authorized by the commission to receive, hold, or dispose of bodies without the written permission of the Executive Director of the commission or the Executive Director's designee.

(f) Yearly procurement and use report. Each willed body program or non-transplant anatomical donation organization which has received, directly or by transfer, and/or used a body during the prior year shall complete, sign and file with the commission the yearly cadaver procurement and use report prescribed by the commission. Each anatomical facility shall file an annual need or use report prescribed by the commission. These reports shall be filed not later than August 31 of each year for the prior annual period. Tissue banks and search organizations receiving donations as authorized by Health and Safety Code Chapter 692A will file a cadaver procurement and transfer form as prescribed by the commission.

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 17, 2026.

TRD-202603555

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.5

The Texas Funeral Service Commission (Commission or TFSC) adopts amendments §206.5, relating to Transfer of Bodies or Anatomical Specimens. Section 206.5 is adopted with changes to the adopted text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4481) and will be republished.

Reasoned Justification.

The adopted amendment updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted rule amends the section to update the transfer-application and approval process, including providing that an Authorized Person, as defined in §206.1, may request a transfer on the form prescribed by the Commission and designating the Executive Director or the Executive Director's designee as authorized to approve transfers. The adopted rule is necessary to conform the transfer process to Chapter 691 as amended by Senate Bill 2040 and to the Commission's current structure, and ensure that transfers are made only to approved recipients under clear conditions.

General Comments.

The agency received five comments regarding the adopted amendment, which focused heavily on the Commission's transfer-approval process as it applies to material donated to registered non-transplant anatomical donation organizations.

Agency Response.

The agency appreciates the public comments. The agency believes changes to language expressly recognizes that, to the extent §691.022(a) and §691.030(e) removes qualifying NADO distributions from the Commission's distribution and redistribution functions, case-by-case Commission transfer approval does not apply. The rule also makes clear that this does not eliminate chain of custody, recipient authorization, transportation, registration, inspection, reporting, or disposition requirements that otherwise apply.

Statutory Authority.

The amendment is adopted under Texas Health and Safety Code, Chapter 691, including §691.022, which addresses the Commission's distribution duties and authorizes the Commission to adopt rules and establish procedures necessary to administer and enforce the chapter; §691.029, which authorizes the Commission to receive, distribute, and transfer a body or anatomical specimen; §691.030, which governs distribution and redistribution; and §691.033, which authorizes the use of bodies and anatomical specimens to further medical or forensic science. The adopted rule is also adopted under Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code, including §651.005.

The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.5. Transfer of Bodies or Anatomical Specimens.

(a) Application for transfer. An Authorized Person, as defined in §206.1 of this title (relating to Scope and Definitions), desiring the transfer of a body or anatomical specimen must make written request on the form or electronic system prescribed by the commission.

(b) Approval of transfer. The Executive Director of the commission or the Executive Director's designee is authorized to approve transfers. All recipients of transfers must be an approved willed body program, non-transplant anatomical donation organization or an authorized person for use at approved anatomical facility.

(1) This section applies to each request for the transfer of a body or anatomical specimen, including a request directed to the commission and a request for a body or anatomical specimen distributed by or through the commission or a willed body program.

(2) To the extent §§691.022(a) and 691.030(e), Health and Safety Code, exclude a body or anatomical specimen donated to a registered non-transplant anatomical donation organization from the commission's distribution and redistribution functions, the approval requirement of subsection (b) of this section does not apply to the transfer of that body or anatomical specimen by that organization. The transferor and the recipient shall document each such transfer as provided by §206.3 of this title (relating to Chain of Custody); the recipient must be authorized person under §206.2 of this title (relating to Authorized Activities); and the transfer remains subject to §206.4 of this title (relating to Transport, Importation and Exportation of Bodies) to the extent applicable.

(3) This section does not exempt any person from any requirement of this chapter on account of the source of a body or anatomical specimen. A person that receives a body or anatomical specimen from a registered non-transplant anatomical donation organization remains subject to every requirement of this chapter applicable to that person, including registration or authorization under §206.12 of this title (relating to Registration Application and Inspection Required), chain of custody under §206.3 of this title, transport and importation under §206.4 of this title, recordkeeping and reporting, inspection as authorized by §691.034, Health and Safety Code, and disposition under §206.14 of this title (relating to Disposition of the Body and Disposition of Remains).

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 17, 2026.

TRD-202603556

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.7

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.7, Board Forms, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4483) and will not be republished.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The statutory provisions affected by the adopted repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

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 17, 2026.

TRD-202603545

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.7

The Texas Funeral Service Commission (Commission or TFSC) adopts new §206.7, relating to Educational Use of Anatomical Material; Prohibition of Public Display. Section 206.7 is adopted with changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4484) and will be republished.

Reasoned Justification.

The adopted new rule under 22 TAC Chapter 206 implements Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.

The adopted new rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted new rule governs the educational use of human anatomical material and to prohibit the public display of a body or gross anatomical specimen as spectacle or entertainment. The adopted new rule permits educational observation and participation when four conditions are met donor consent, an approved setting inspected by the Commission, qualified supervision, and a bona fide educational purpose and prohibits selling admission to the general public to observe the display, dissection, or examination of human anatomical material. The adopted new rule is necessary to ensure that human anatomical material used for educational observation is handled with respect and dignity consistent with the treatment-with-respect standard the Commission is required to adopt under §691.022(b), Health and Safety Code; preserve broad and legitimate access to anatomical education for the scientific and professional community; and prohibit the display of human anatomical material as public spectacle or entertainment.

General Comments.

The agency received four comments regarding the proposed new rule, which addressed qualified supervision, temporary and nontraditional facilities, museums and exhibitions, photography and recording, security cameras, and the distinction between legitimate education and public spectacle.

Agency Response.

The agency appreciates the public comments. The agency believes changes align the section with the "consent for donation" terminology; clarify the approved-setting requirement; and add a limited fixed-security-system provision so security recordings are not required to obscure identifying features, while prohibiting their use or distribution for another purpose. The rule continues to preserve bona fide educational, museum, and scientific activities that meet the stated safeguards.

Statutory Authority.

The new rule is adopted under Texas Health and Safety Code, Chapter 691, including §691.022(b), which requires the Commission to adopt rules to ensure that each body and anatomical specimen is treated with respect while in the custody of the Commission or a person authorized to receive the body or specimen, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter and authorizes the Commission to assess administrative penalties and to revoke, suspend, or probate a registration or other authorization in the manner provided by Chapter 651, Occupations Code; §691.028, which governs donation of a body by written instrument and the informed consent of the donor; §691.033, which authorizes the use, dissection, operation on, examination, and experimentation on a body or anatomical specimen to further medical or forensic science; and §691.034, including §691.034(c) and (d), which authorize the Commission to suspend or revoke a registration or other authorization and provide for a hearing. The adopted new rule is also proposed under Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code, including §651.005.

The statutory provisions affected by the adopted new rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.7. Educational Use of Anatomical Material; Prohibition of Public Display.

(a) Authority and purpose.

(1) This section is adopted under Texas Health and Safety Code, §§691.022(b), 691.028, and 691.033.

(2) The purpose of this section is to ensure that human anatomical material used for educational observation is handled with respect and dignity, to preserve broad and legitimate access to anatomical education for the scientific and professional community, and to prohibit the display of human anatomical material as public spectacle or entertainment.

(b) Educational use permitted under four conditions. A person may observe or participate in the educational use, dissection, or examination of a body or anatomical specimen, regardless of the person's profession, credential, or level of education, provided all of the following conditions are met:

(1) Donor consent. The donor or a person authorized under §692A.009 consented to the use of the body or specimen for education or training, and the consent reasonably encompasses observation by the category of persons present. Consent documented on the commission's Donor Acknowledgement Form, or an equivalent record under §691.028, is one way of satisfying this requirement when the donor personally made the donation; consent for donation, as defined in §206.1 of this title (relating to Scope and Definitions), otherwise satisfies this requirement.

(2) Approved setting. The activity occurs in an approved setting. A venue offering general admission or access by the public is not an approved setting for purposes of this section.

(3) Qualified supervision. The activity is led or supervised by a Qualified Instructor or Bioskills Trainer, who is responsible for the educational purpose and for respectful conduct during the activity.

(4) Bona fide educational purpose. The activity serves a genuine educational, training, or research purpose and is part of a structured program, course, or supervised session. The activity is not open to general public attendance, is not marketed or conducted as entertainment or spectacle, and does not offer admission to the general public for a fee or otherwise to observe human remains.

(c) Minors as observers. A minor may observe or participate in educational use under subsection (b) of this section when the activity is part of an accredited or recognized educational program in which the minor is enrolled, the supervising qualified instructor approves the minor's participation, and any consent required by the educational institution or by the minor's parent or guardian has been obtained. This subsection does not authorize general public attendance by minors outside an enrolled educational program.

(d) Prohibition of public display.

(1) No person may engage in the public display of a body or anatomical specimen except as part of a bona fide educational activity meeting all conditions of subsection (b) of this section.

(2) No person may sell admission, tickets, or access to the general public to observe the display, dissection, or examination of a body or anatomical specimen.

(3) This subsection does not prohibit:

(A) a legitimate educational program meeting subsection (b) of this section;

(B) reverent, consent-based public memorial or recognition of anatomical donors that does not involve display of remains as spectacle; or

(C) an accredited museum or scientific exhibition conducted with documented consent and appropriate dignity protections, subject to any additional commission approval.

(e) Media and recording. Recording, photography, or live transmission of educational activities under this section is permitted only consistent with the consent for donation and applicable dignity protections, including obscuring identifying features. This subsection does not prohibit recording by a fixed security system for facility security purposes; a security recording is not required to obscure identifying features, may not be used, sold, or distributed for any other purpose, and is subject to the treatment-with-respect standard adopted under §691.022(b), Health and Safety Code. Sale or public distribution of recordings depicting identifiable human remains as spectacle is prohibited.

(f) Treatment with respect. All educational use under this section is subject to the treatment-with-respect standard adopted under §691.022(b). The Qualified Instructor or Bioskills Trainer is responsible for ensuring that conduct during the activity is respectful of the donor and consistent with the dignity of the human remains.

(g) Enforcement. A violation of this section may result in administrative penalties under §691.022(c) and suspension or revocation of registration under §691.034(c) or (d). Conduct prohibited by this section is not an authorized activity under §206.2 of this title (relating to Authorized Activities) and does not fall within the safe harbor of that section.

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 17, 2026.

TRD-202603546

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.8

The Texas Funeral Service Commission (Commission or TFSC) adopts amendments §206.8, relating to Forms for Recording of Willed and Donated Bodies. Section 206.8 is adopted with changes to the adopted text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4487) and will be republished.

Reasoned Justification.

The adopted amendment updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted rule amends the section governing the forms used to record willed and donated bodies and the complaint-notice information that must be included in a written contract relating to a willed or donated body. The adopted rule replaces the former Anatomical Board references and updates the required complaint-notice language to direct complaints and inquiries to the Commission, and allows the notice to be provided on the contract form itself or on a separate signed acknowledgement kept with the contract and subject to inspection. The adopted rule is necessary to conform the section to Chapter 691 as amended by Senate Bill 2040 and to implement §691.010, Health and Safety Code, which requires the Commission by rule to establish methods by which service recipients are notified of the Commission's name, mailing address, and telephone number for the purpose of directing complaints.

General Comments.

The agency received three comments regarding the adopted amendment, which focused on the interaction between the complaint-notice requirement and the Uniform Anatomical Gift Act, previously executed documents, out-of-state documents of gift, and donor-consent terminology.

Agency Response.

The agency appreciates the public comments. The agency believes changes clarifies that the notice requirement applies prospectively and does not invalidate or require amendment of a validly executed prior will, instrument, or document of gift. The language also recognizes documents of gift valid under Chapter 692A while maintaining the TFSC contact-information requirement for applicable Texas donation documents going forward.

Statutory Authority.

The amendment is adopted under Texas Health and Safety Code, Chapter 691, including §691.010, which requires the Commission to make information of public interest available and by rule to establish methods by which service recipients are notified of the Commission's name, mailing address, and telephone number for the purpose of directing complaints to the Commission; §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter; and §691.028, which governs donation of a body by written instrument. The adopted rule is also adopted under Chapter 692A, Health and Safety Code (Revised Uniform Anatomical Gift Act), and Chapter 651, Occupations Code, including §651.005.

The statutory provisions affected by the adopted rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.8. Forms for Recording of Willed and Donated Bodies.

(a) Each consent for donation or written consent donating a body within the State of Texas and/or relating to bodies willed or donated to an entity within the State of Texas regulated by the commission or authorized by the commission to receive bodies shall include the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission. An entity may comply with this subsection by including this notice on the contract form itself or on a separate notice acknowledgement signed by the donor or other authorized individual at the time of execution of the written contract. If the notice is provided separately, the acknowledgement must be kept with the written contract and is subject to inspection by the commission.

(b) This section applies to a written contract executed under the law of this state on or after the effective date of this section. Nothing in the chapter invalidates, or requires the re-execution or amendment of, a will, written instrument, or document of gift validly executed before the effective date of this section. A document of gift valid under §692A.019, Health and Safety Code, is valid without regard to whether it contains the notice described by this section; a body or anatomical specimen received under such a document is, on receipt in this state, subject to the chapter.

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 17, 2026.

TRD-202603557

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.11

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.11, Institutions Authorized to Receive and Hold Bodies, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4488) and will not be republished.

Reasoned Justification OF ADOPTED REPEAL.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The repeal is adopted under Texas Health and Safety Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens.

CROSS REFERENCE TO STATUTE

The adopted repeal implements Texas Health and Safety Code §§691.030, 691.033, and 691.034.

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 17, 2026.

TRD-202603547

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.12

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.12, Application and Inspection of Facilities, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4490) and will not be republished.

Reasoned Justification of Adopted Repeal.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The statutory provisions affected by the adopted repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

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 17, 2026.

TRD-202603548

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.12

The Texas Funeral Service Commission (Commission or TFSC) adopts new §206.12, relating to Registration Application and Inspection Required. Section 206.12 is adopted with changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4491) and will be republished.

Reasoned Justification.

The adopted new rule updates 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.

The adopted new rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted new rule establishes the application, registration, inspection, renewal, ownership-change, relocation, and renovation requirements for individuals and entities that receive, use, or transfer donor whole bodies or anatomical specimens under Chapter 691, implementing the Commission's registration and inspection authority under §691.034. The proposed rule is necessary to implement the Commission's mandatory duties under §691.034, Health and Safety Code, which requires willed body programs and non-transplant anatomical donation organizations to register with the Commission, requires the Commission to inspect and may approve willed body programs and anatomical facilities, and requires the Commission to adopt rules and procedures necessary to administer registration and inspection, and the Commission's authority under §691.022(c) to establish registration and inspection requirements and procedures.

General Comments.

The agency received six comments regarding the proposed new rule, which addressed ownership disclosures, application documentation, accreditation, inspections, renewals, existing registrants, employees, and how governmental entities and institutions of higher education can satisfy application requirements structured around private ownership.

Agency Response.

The agency appreciates the public comments. The agency believes changes clarify that employees acting within the course and scope of an authorized entity do not need separate authorization; measure the initial application decision period from receipt of an administratively complete application; create an application pathway tailored to governmental entities and institutions of higher education; clarify notice and hearing protections for renewal refusal; and add transition language so existing registrants are not forced through a new initial application and inspection solely because the rule is adopted.

Statutory Authority.

The new rule is adopted under Texas Health and Safety Code, Chapter 691, including §691.034, which requires willed body programs and non-transplant anatomical donation organizations to register with the Commission, provides for conditional registration, requires the Commission to inspect and may approve willed body programs and anatomical facilities, requires the Commission to establish a process to periodically verify a non-transplant anatomical donation organization's compliance, authorizes investigations and inspections, authorizes suspension or revocation of registration or other authorization, provides for a hearing, and requires the Commission to adopt rules and procedures necessary to administer the section; §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter, including rules establishing registration and inspection requirements and procedures, and authorizes administrative penalties in the manner provided by Chapter 651, Occupations Code; and §691.012, which authorizes the Commission by rule to set and collect fees, including fees for registration and for conducting inspections and verification activities. The adopted new rule is also proposed under Chapter 651, Occupations Code, including §651.005.

The statutory provisions affected by the adopted new rule are those set forth in Texas Health and Safety Code, Chapter 691; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.12. Registration Application and Inspection Required.

(a) Authorization or registration required. Any individual or entity wishing to receive, use, or transfer non-transplant donor whole bodies or anatomical specimen for purposes under Chapter 691, Texas Health and Safety Code, must hold an active and valid registration or authorization with the commission prior to operating in Texas. If an individual is simply attending an event as a student, trainee, or employee of the authorized entity acting within the course and scope of employment, no authorization or registration is required by the individual.

(b) Initial Application. An application for an authorization or registration must be made to the commission on a form provided by the commission and accompanied with the required nonrefundable application fee. The commission shall approve or deny an initial application within 90 days from receipt of an administratively complete application.

(1) the name, address and phone number of:

(A) the sole proprietor, if the applicant is a sole proprietor;

(B) each general partner who is an individual, if the applicant is a partnership; and

(C) any individual who has an ownership interest of more than 25 percent in the corporation, if the applicant is a corporation.

(2) the legal name of the applicant; a description and diagram of the applicant's ownership structure; contact information; type of legal entity; and a signed notarized statement that the applicant is not owned by a TFSC commissioner or any establishment or individual licensed by the commission under Occupations Code chapter 651.

(3) if different from subsection (c)(2), the name of the applicant facility, which should be the name the facility does business as or an assumed name that would appear on the authorization or registration and should match any advertisements or facility signage; facility physical and mailing address, telephone number, website, and if licensed by another state agency, the license number and proof that the license is valid and in good standing.

(4) Documentation. The application must include the following documentation:

(A) Proof of compliance with all applicable federal, state and local laws for fire prevention and safety; storage, use and disposal of hazardous chemicals, pathogens, and medical waste; applicable zoning and facility construction requirements;

(B) Proof of compliance with all applicable federal, state and local laws for the storage, use, transfer, and receipt of donor human bodies or body parts, including that of any involved third-party for such actions, including a copy of an active crematory license and/or TCEQ Permit issued under 30 Texas Administrative Code §106.494 if the applicant will perform cremations;

(D) A copy of the applicant's internal policies and procedures for:

(i) identifying each human body or body part to the individual decedent donor;

(ii) recording the chain of custody for the control or possession of the donor human body or anatomical specimen from receipt to return or disposition of the donor body or body part upon completion of use or purpose;

(iii) treatment of whole body or anatomical specimen with dignity and respect by staff, students, instructors, visitors, and all individuals who will be handling the body or specimen while the body or anatomical specimen is located at the applicant facility;

(iv) video and photography of the decedent donor or during an event in which the donor whole body or anatomical specimen is used;

(v) Security procedures to preclude unauthorized access and use of a donor whole body or anatomical specimen; and

(5) for a non-transplant anatomical organization, proof of accreditation from the AATB, or for a conditional registration application for a non-transplant anatomical organization:

(A) evidence demonstrating the applicant's compliance with the Standards for Non-Transplant Anatomical Donation, in the form prescribed by the commission;

(B) a statement describing the applicant's efforts to obtain accreditation, if accreditation is available; and

(C) the applicant's acknowledgment that a conditional registration is subject to the conditions stated on the certificate, to findings of continued compliance at each renewal, and to revocation for noncompliance. The non-transplant anatomical organization has a continuing obligation to notify the commission within five (5) business days in the event the organization loses its accreditation with the AATB.

(6) for an applicant that is a governmental entity or an institution of higher education, paragraphs (1) and (2) of this subsection are satisfied by providing; the legal name of the applicant and of its governing system or board; the name, address, and phone number of the individual authorized to represent the applicant before the commission; the name and contact information of the responsible program director; and the signed, notarized statement described by paragraph (2) of this subsection, executed by the authorized representative.

(d) All applicants must pass an on-site inspection, unless exempt by statute, prior to receiving authorization or registration by the commission to operate in Texas.

(e) After satisfying all application requirements for authorization or registration, the executive director shall issue an authorization or registration certificate to the applicant.

(f) An authorization or registration expires on the last day of the month 12 months from the date of issue listed on the certificate. The certificate shall include the dates for which the authorization or registration is valid. The executive director may issue an authorization or registration for a shorter time period if the facility does not receive, use, or store donor whole bodies or anatomical specimen on a daily basis.

(g) The certificate must be displayed prominently in the authorized entity's facility where personnel and visitors may view.

(h) Renewal Application. Applicants must complete and submit an application for renewal on a form prescribed by the commission. The renewal period of an authorization or registration is 12 months, unless the certificate is issued for a shorter time period.

(i) A late renewal fee will be assessed for an application for renewal which has been postmarked after its renewal date.

(j) Authorized entities may be inspected upon the submission of a renewal application. For a registered non-transplant anatomical donation organization, an inspection in connection with renewal may occur only as part of the verification process established under §691.034(a-3), Health and Safety Code, or an investigation under §691.034(b), Health and Safety code.

(k) A renewal certificate will not be issued unless:

(1) all fees and outstanding penalties, if any, have been paid;

(2) the commission's records reflect that the applicant is current on a payment plan; or

(3) the penalties previously assessed are the subject of an administrative hearing or judicial review.

(l) The commission may investigate any circumstances involved with the renewal of any authorization or registration.

(m) A registration or authorization will be canceled if the application for renewal is not received within 60 days of the expiration date listed on the authorization or registration certificate,

(n) The commission may refuse to renew a registration or authorization certificate, subject to the applicable notice and hearing provisions of §691.034, Health and Safety Code, and Chapter 651, Occupations Code.

(o) Subsections (i) and (m) do not apply to authorization or registration certificates issued for a period less than 12 months.

(p) Ownership Change. No authorization or registration may be transferred or assigned from one authorized entity to another without the approval of the commission.

(q) If a change of ownership of an authorized entity is anticipated, in order to ensure continuity of operations or services, the commission shall be informed in writing and the applicant shall submit an amended application for authorization or registration and a pay a nonrefundable fee at least 30 days prior to the change of ownership of each authorized entity. The commission will make best efforts to approve or reject the ownership change within 30 days of receipt of a complete amended application or the entity's last response to a request for clarification or additional documentation.

(r) Relocation. If an authorized entity is relocating, the authorized entity must submit an amended application and a pay the nonrefundable fee at least 30 days prior to the relocation.

(s) Renovation. An authorized entity that has undergone major renovations that may affect the entity's compliance with facility standards must submit an amended application and pay the nonrefundable fee upon completion of the renovation.

(t) An inspection under subsection (u) of this section following an amended application is conducted, for a registered non-transplant anatomical donation organization, only as authorized by §691.034(a-3) or (b), health and Safety Code.

(u) Applicants under subsections (r) and (s) must pass an on-site inspection prior to the commission approving an authorization or registration.

(v) If the application is approved, an authorization or registration certificate shall be issued to the applicant effective for the dates listed on the certificate. The previous authorization or registration shall be void on the date the new registration or authorization certificate is issued.

(w) Transition. An entity holding a registration or authorization issued by the commission before the effective date of this section is not required to submit an initial application or undergo an initial inspection under this section solely by reason of the adoption of this section. This section applies to the entity beginning with the entity's first renewal after the effective date of this section. This subsection does not limit the commission's authority under §691.034(b), Health and Safety Code.

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 17, 2026.

TRD-202603549

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.14

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.14, Final Disposition of the Body and Disposition of Remains, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4494) and will not be republished.

REASONED JUSTIFICATION OF ADOPTED REPEAL.

The adopted repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

The statutory provisions affected by the adopted repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.

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 17, 2026.

TRD-202603550

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.14

The Texas Funeral Service Commission (Commission or TFSC) adopts new §206.14, relating to Disposition of the Body and Disposition of Remains. Section 206.14 is adopted with changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4495) and will be republished.

Reasoned Justification.

The adopted new rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The adopted new rule amends the section heading and rewrites the section governing the final disposition of a donor whole body or anatomical specimen and the disposition of remains after an authorized entity's use is complete, including return to the providing entity, burial or cremation in compliance with applicable law, and compliance with donor disposition instructions. The adopted new rule is necessary to conform the section to Chapter 691 as amended by Senate Bill 2040; implement the Commission's general duties under §691.022, including the treatment-with-respect standard under §691.022(b); and ensure that final disposition occurs in compliance with Occupations Code, Chapter 651, and Health and Safety Code, Chapter 716, and with documented donor instructions.

General Comments.

The agency received two comments regarding the proposed new rule, which addressed return of remains to the providing organization, lawful final-disposition methods, donor instructions, cremation, and residual tissue.

Agency Response.

The agency appreciates the public comments. The agency believes changes will make the return obligation mandatory where the receiving entity is not statutorily permitted to accept the donation directly and clarify that references to a donor's agent and instructions include persons and directions recognized through the "consent for donation" framework. The rule continues to require compliance with donor instructions to the extent permitted by law.

Statutory Authority.

The new rule is adopted under Texas Health and Safety Code, Chapter 691, including §691.022, which requires the Commission to adopt rules to ensure that each body and anatomical specimen is treated with respect and to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter; §691.030, which governs the Commission's distribution and redistribution of bodies and anatomical specimens; and §691.033, which authorizes the use of bodies and anatomical specimens and requires recordkeeping that tracks each body or anatomical specimen from intake to final disposition. The adopted new rule is also proposed under Chapter 651, Occupations Code, including §651.005, and is adopted consistent with Chapter 716, Health and Safety Code (crematory services).

The statutory provisions affected by the adopted rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 716; and Texas Occupations Code, Chapter 651.

The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).

§206.14. Disposition of the Body and Disposition of Remains.

(a) Once a donor whole body or anatomical specimen will no longer be used by an authorized entity:

(1) if the authorized entity is prohibited by statute from receiving a whole body or anatomical specimen donation directly from a donor or donor's agent, then upon completion of use of the whole body or anatomical specimen, the authorized entity must return the donor whole body or anatomical specimen to the providing authorized willed body program or authorized non-transplant anatomical donation organization; and

(2) if the authorized entity is permitted by statute to receive a whole body or anatomical specimen donation directly from a donor or donor's agent, then upon completion of use of the whole body or anatomical specimen, the authorized entity is to bury, incinerate or cremate the body in compliance with Occupations Code chapter 651, Health and Safety Code chapter 716, and the commission's rules of this title, 30 TAC §106.494, and any other applicable federal, state or local law.

(b) If the donor or donor's agent left instructions regarding the disposition of the donor's body after the authorized entity's use for the donor is completed, the authorized entity must comply with the donor's or donor agent's instructions to the extent they are consistent with applicable law and regulations, including the return of cremated remains to the individual designated by the donor or donor's agent. To the maximum extent permitted by law, the donor's informed authorization controls the manner of final disposition and handling of anatomical specimens following completion of their authorized use. If residual remains are to be returned, the cremation chamber must be completely cleaned before subsequent use, and the remains must not be commingled.

(c) This section does not require the return or cremation of residual soft tissue not connected to bone or bone fragments consumed in the process of research or education by an authorized entity, provided the residual soft tissue is disposed in accordance with 25 TAC §1.136.

(d) In this section, a reference to a donor's agent includes a person authorized to make an anatomical gift under §692A.009, Health and Safety Code, and instructions include those given in a consent for donation as defined in §206.1 of this title (relating to Scope and Definitions).

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 17, 2026.

TRD-202603551

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.21

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.21, Statement of the Willed Body Program, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4497) and will not be republished.

Reasoned Justification OF ADOPTED REPEAL.

The adopted repeal is to eliminate references to offices that no longer exist and is duplicative of the statutory registration requirement.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

CROSS REFERENCE TO STATUTE

The adopted repeal to implements Texas Health and Safety Code §691.034.

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 17, 2026.

TRD-202603552

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

22 TAC §206.22

The Texas Funeral Service Commission (Commission or TFSC) adopts the repeal of 22 TAC §206.22, Requirement for Self-Sufficiency, without changes to the proposed text as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4498) and will not be republished.

Reasoned Justification OF ADOPTED REPEAL.

The adopted repeal of the aspirational and non-binding rules, does not correspond to the current statutory distribution framework and it is obsolete.

SUMMARY OF COMMENTS.

The Commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY.

CROSS REFERENCE TO STATUTE

The adopted repeal to implement Texas Health and Safety Code §691.030.

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 17, 2026.

TRD-202603554

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: September 6, 2026

Proposal publication date: July 10, 2026

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

PART 15. TEXAS STATE BOARD OF PHARMACY

CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS

22 TAC §283.7

The Texas State Board of Pharmacy adopts amendments to §283.7, concerning Examination Requirements. These amendments are adopted without changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4090). The rule will not be republished.

The amendments allow an applicant for licensure by examination who has completed the three didactic years of pharmacy education to take the Texas Pharmacy Jurisprudence Examination a maximum of one time prior to graduation from a college/school of pharmacy and remove outdated examination requirements.

No comments were received.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 10, 2026.

TRD-202603366

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: August 30, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8084

CHAPTER 291. PHARMACIES

SUBCHAPTER A. ALL CLASSES OF PHARMACIES

22 TAC §291.3

The Texas State Board of Pharmacy adopts amendments to §291.3, concerning Required Notifications. These amendments are adopted without changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4092). The rule will not be republished.

The amendments clarify the meaning of a "fire, flood, or natural disaster" for purposes of required notification to the board, cross-reference an existing notification requirement, and update terminology in accordance with House Bill 1500.

No comments were received.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 10, 2026.

TRD-202603367

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: August 30, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8084

22 TAC §291.11

The Texas State Board of Pharmacy adopts amendments to §291.11, concerning Operation of a Pharmacy. These amendments are adopted without changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4095). The rule will not be republished.

The amendments clarify that a pharmacy may not discontinue operating for a period of 30 days or longer unless the pharmacy has timely notified the board of a fire, flood, or natural disaster.

No comments were received.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 10, 2026.

TRD-202603368

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: August 30, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8084

22 TAC §291.13

The Texas State Board of Pharmacy adopts new rule §291.13, concerning Telehealth Services Provided by a Pharmacist. The new rule is adopted without changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4096). The rule will not be republished.

The new rule establishes the documentation and retention requirements regarding a patient's consent to treatment, data collection, and data sharing for telehealth services provided by a pharmacist, in accordance with House Bill 1700.

The Board received comments from the Texas Federation of Drug Stores expressing concern that the proposed rule may be construed as treating routine pharmacist-patient counseling as a telehealth service requiring separate informed consent procedures and creates two different standards of care for the same professional service, and suggesting to exclude pharmacist-patient counseling and consultations regarding prescription medications from the informed consent requirements for telehealth services and to clarify that communications conducted to fulfill pharmacists' legally required patient counseling obligations are not telehealth encounters.

The Board received comments from Doug Read, R.Ph., with H.E.B. Pharmacy expressing concern that the proposed rule fails to distinguish between true telehealth encounters and patient counseling communications already required as part of dispensing, appears broader that required by HB 1700, its economic impact is underestimated, and stopping to obtain and document telehealth consent for every question from a patient would create substantial workflow issues and delay to patient access to medication, and suggesting the proposed rule be revised to exclude routine counseling, drug information inquiries, refill communications, and other pharmacist-patient interactions that are incidental to dispensing.

The Board received comments from Ronald Richardson, R.Ph., with Southend Pharmacy suggesting to clarify the term "telehealth service" to exclude routine pharmacist-patient communications incidental to the dispensing of a prescription or the ongoing provision of pharmacy services, when consent must be obtained to only require a single documented informed consent for ongoing or recurring telehealth services until revoked by the patient or there is a material change in the nature of the telehealth services being provided, and the scope of "data collection" and "data sharing" to exclude the collection, use, or disclosure of protected health information in order to dispense prescriptions, communicate with pharmacists and prescribers, submit claims for payment, or otherwise comply with applicable law.

The new rule is adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 10, 2026.

TRD-202603369

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: August 30, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8084

SUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)

22 TAC §291.55

The Texas State Board of Pharmacy adopts amendments to §291.55, concerning Records. These amendments are adopted without changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4097). The rule will not be republished.

The amendments require the pharmacist-in-charge of a Class B pharmacy to notify the board of a significant loss of information from the pharmacy's data processing system.

No comments were received.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 10, 2026.

TRD-202603370

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: August 30, 2026

Proposal publication date: June 26, 2026

For further information, please call: (512) 305-8084

PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER D. THE COMMISSION

22 TAC §535.46

The Texas Real Estate Commission (TREC) adopts 22 TAC §535.46, Broker Responsibility Advisory Committee, in Chapter 535, General Provisions, without changes, as published in the May 22, 2026, issue of the Texas Register (51 TexReg 3501) and will not be republished.

Section 2110.002 of the Texas Government Code requires that the composition of an advisory committee that advises a state agency regarding an industry or occupation regulated or directly affected by the agency must provide a balanced representation between: (i) the industry or occupations; and (ii) consumers of services provided by the agency, industry, or occupation. To help ensure that balanced representation, the changes replace two of the broker member positions with public member positions and corresponding changes are made throughout the rule.

Three comments were received, which were reviewed by the Commission's Executive Committee. One commenter was generally in favor of the changes, while one commenter was against the changes and questioned the utility of public members on the committee. The third commenter believed "members who represent the public" to be too vague. Because the same language is used in other advisory committee rules where a process exists to review public member applicants, and because public member participation is a requirement of state law, the committee declined to recommend any changes to the rule as published.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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 11, 2026.

TRD-202603398

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: August 31, 2026

Proposal publication date: May 22, 2026

For further information, please call: (512) 936-3057

SUBCHAPTER F. REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION

22 TAC §535.62, §535.65

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.62, Approval of Qualifying Courses; and §535.65, Responsibilities and Operations of Providers of Qualifying Courses, in Chapter 535, General Provisions, with non-substantive changes to §535.62(b)(6)(C) and §535.65(g)(5) to align reference language to Texas Register standards, as published in the May 22, 2026, issue of the Texas Register (51 TexReg 3503) and will be republished.

The changes are made as a result of the agency's updated license management system--the REALM Portal. The changes to §535.62 update terminology in subsection (i) for better consistency with current practice and to align language with other rules.

The changes to §535.65 update the requirements for course completion certificates (to be renamed "course completion records" to more accurately capture the type of documents being provided). The REALM Portal will allow for more efficiencies and automation in the processing of qualifying real estate coursework, which currently requires a manual process that is labor intensive. A requirement to include either the student's license number or application number on the course completion record allows this automation to occur. The remaining changes to this rule also are made to align the language with the requirements currently found in §535.75, which deals with provider requirements for continuing education, and to streamline the information required to be provided by education providers to the Commission.

No comments were received on the amendments as published.

§535.62. Approval of Qualifying Courses.

(a) Application for approval of a qualifying course.

(1) For each qualifying course a provider intends to offer, the provider must:

(A) submit the course application and course approval forms, including all materials required using a process acceptable to the Commission; and

(B) pay the fee required by §535.101 or §535.210 of this title.

(2) A provider may file a single application for a qualifying course offered through multiple delivery methods. A fee is required for content and examination review of each qualifying course and for each distinct delivery method utilized by a provider for that course.

(3) A provider who seeks approval of a new delivery method for a currently approved qualifying course must submit a new application and pay all required fees, including a fee for content and examination review.

(4) The Commission may:

(A) request additional information be provided to the Commission relating to an application;

(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request; and

(C) prior to approval of a proposed qualifying real estate inspector course, submit the course to the Texas Real Estate Inspector Committee for review and recommendation.

(b) Standards for course approval. To be approved as a qualifying course by the Commission, a provider must satisfy the Commission that the course:

(1) covers all topics and units for the course subject required by the Act, Chapter 1102 and this chapter;

(2) covers all units within the prescribed topic;

(3) contains sufficient content to satisfy the number of hours for which credit is being requested as evidenced by:

(A) word count studies;

(B) samples of student time studies; or

(4) will be scheduled for the full clock hours of time for which credit is awarded and presented in full hourly units;

(5) does not have daily course segments that exceed 12 hours;

(6) will be delivered by one of the following delivery methods:

(A) classroom delivery;

(B) distance education delivery; or

(C) a combination of subparagraphs (A) and (B) of this paragraph, if at least 50% of the combined course is offered by classroom delivery;

(7) include at a minimum, the following methods to assess a student's comprehension of the course material:

(A) topic quizzes, with at least three questions related to the subject matter in each course topic;

(B) at least one scenario-based learning exercise per every increment of 10 credit hours or less; and

(i) prevent the student from moving from one topic to the next topic until the student answers all topic quiz questions correctly and receives a passing grade on the scenario based learning exercises; and

(ii) for quiz questions answered incorrectly, employ a method to present the rationale behind the correct answer and ask a subsequent related quiz question that will count toward passing the topic if answered correctly; and

(8) include at least four versions of a final examination, and ensure that each version of the examination:

(A) covers each topic required by the Act or Rules for the specific course;

(B) does not contain any true/false questions;

(D) for all qualifying courses other than a real estate math course:

(i) consists of at least two questions per credit course hour; and

(ii) draws from a question bank consisting of at least four questions per credit course hour; and

(E) for all qualifying real estate math courses, consists of at least 20 questions that are drawn from a question bank consisting of at least 40 questions.

(c) If the course is currently certified by a distance learning certification center acceptable to the Commission, the provider will be deemed to have met requirements for verification of clock/course hours for distance education delivery.

(d) Approval of currently approved courses by a secondary provider.

(1) If a secondary provider wants to offer a course currently approved for another provider, the secondary provider must:

(A) submit, using a process acceptable to the Commission:

(i) the course application and approval forms including all materials required; and

(ii) authorization to the Commission from the owner of the rights to the course material granting permission for the secondary provider to offer the course; and

(B) pay the fee required by §535.101 or §535.210 of this title.

(2) If approved to offer the previously approved course, the secondary provider is required to:

(A) offer the course as originally approved, assume the original expiration date, include any approved revisions, use all materials required for the course; and

(B) meet the requirements of §535.65 of this title.

(e) Required revision of a currently approved qualifying course.

(1) Providers are responsible for keeping current on changes to the Act and Commission Rules and must revise or supplement materials for approved courses when changes are adopted on or before the effective date of those statutes or rules.

(2) If the Commission adopts new requirements for a course, including but not limited to a course approval form that divides selected qualifying course subjects into topics and units, the Commission will determine, at the time the Commission adopts the new requirements, whether a provider must revise the course or supplement the course. Any provider currently offering a course that is subject to change must:

(A) revise or supplement any currently approved classroom qualifying course covering that subject no later than 12 months after the effective date of the new requirements; and

(B) revise or supplement any currently approved qualifying course offered by distance or combination delivery no later than 15 months after the effective date of the new requirements.

(3) If the Commission determines that a qualifying course should be supplemented, a provider must submit the supplemental materials required by the Commission. No fee will be required and the course will maintain its original expiration date.

(4) If the Commission determines that a qualifying course should be revised, a provider must:

(A) submit the course application and approval forms including all materials required using a process acceptable to the Commission; and

(B) pay the fee required by §535.101 or §535.210 of this title.

(5) A provider may not offer a course for qualifying credit after the deadlines established by this subsection following a required revision or supplement if the provider has not received written approval from the Commission to offer the revised or supplemented course.

(6) If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for a revised course for the unexpired time remaining on that initial approval. The Commission will calculate the prorated credit by dividing the fee paid for the initial approval by 48 months and multiplying that amount by the number of full months remaining between the approval date of the revised course and the expiration date of the currently approved version of the course.

(7) A revised course approved under this subsection expires four years from the date of approval of the revision.

(8) No later than 90 days before the effective date of a revised or supplemented course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised or supplemented course.

(9) If an approved provider fails to give the notice set out in paragraph (8) of this subsection, the provider shall allow the student to take the revised or supplemented course at no additional charge.

(f) Voluntary revision of a currently approved qualifying course.

(1) A provider who voluntarily revises a currently approved course, shall, prior to implementation of any course materials:

(A) file any updated course materials and revisions of the course outline with the Commission; and

(B) pay the fee required by §535.101 and §535.210 of this title.

(2) If after review the Commission is not satisfied with the updated course materials and revised course outline, the Commission may direct a provider to:

(A) further revise the materials;

(B) cease use of materials; or

(3) If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for the unexpired time remaining on that initial approval. The Commission will calculate the prorated credit by dividing the fee paid for the initial approval by 48 months and multiplying that amount by the number of full months remaining between the approval date of the revised course and the expiration date of the currently approved version of the course.

(4) A revised course approved under this subsection expires four years from the date of approval of the revision.

(5) No later than 90 days before the effective date of a revised course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised course.

(6) If an approved provider fails to give the notice set out in paragraph (5) of this subsection, the provider shall allow the student to take the revised course at no additional charge.

(g) Approval and Expiration of approval.

(1) A Qualifying provider shall not offer qualifying education courses until the provider has received written notice of the approval from the Commission.

(2) A Qualifying course expires four years from the date of approval and providers must reapply and meet all current requirements of this section to offer the course for another four years.

(3) Courses approved for use by a secondary provider under subsection (d) of this section or approved for additional delivery methods under subsection (a)(3) of this section expire on the same date that the originally approved course expires.

(h) Renewal of course approval.

(1) Not earlier than 90 days before the expiration of a course approval, a provider may apply for a renewal of course approval for another four-year period.

(2) Approval of an application to renew course approval shall be subject to the standards for initial approval set out in this section.

(3) The Commission may deny an application to renew course approval if the provider is in violation of a Commission order.

(i) Course preapproval for exempt providers.

(1) Providers exempt from approval by the Commission may submit courses to the Commission for preapproval by meeting the standards for course approval under this section, including submitting all applicable forms and fees.

(2) Any course offered by an exempt provider without preapproval by the Commission will be evaluated by the Commission to determine whether it qualifies for credit at such time as a student submits a transcript or other course completion record to the Commission for credit.

(3) The Commission will determine whether or not a course offered by an exempt provider without preapproval by the Commission qualifies for credit using the standards set out under this section.

(4) An exempt provider may not represent that a course qualifies for credit by the Commission unless the exempt provider receives written confirmation from the Commission that the course has been preapproved for credit.

§535.65. Responsibilities and Operations of Providers of Qualifying Courses.

(a) Responsibility of Providers.

(1) A provider is responsible for:

(A) the administration of each course, including, but not limited to, compliance with any prescribed period of time for any required course topics required by the Act, Chapter 1102, and Commission rules;

(B) maintaining student attendance records and pre-enrollment agreements;

(D) proper examination administration;

(E) validation of student identity acceptable to the Commission;

(F) maintaining student course completion records;

(G) ensuring all advertising complies with subsection (c) of this section;

(H) ensuring that instructors or other persons do not recruit or solicit prospective sales agents, brokers, easement or right-of-way agents, or inspectors during course presentation; and

(I) ensuring staff is reasonably available for public inquiry and assistance.

(2) A provider may not promote the sale of goods or services during the presentation of a course.

(3) A provider may remove a student and not award credit if a student does not participate in class, or disrupts the orderly conduct of a class, after being warned by the provider or the instructor.

(4) If a provider approved by the Commission does not maintain a fixed office in Texas for the duration of the provider's approval to offer courses, the provider shall designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas that the provider is required to maintain by this section. A power-of-attorney designating the resident must be filed with the Commission in a form acceptable to the Commission.

(b) Use of Qualified Instructor.

(1) Except as provided by this subsection, a provider must use an instructor that is currently qualified under §535.63 of this subchapter (relating to Qualifications for Instructors of Qualifying Courses) to teach the specified course.

(2) Each instructor shall be selected on the basis of expertise in the subject area of instruction and ability as an instructor.

(3) A provider shall require specialized training or work experience for instructors teaching specialized subjects such as law, appraisal, investments, taxation or home inspection.

(4) An instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval.

(5) A provider may use the services of a guest instructor who does not meet the instructor qualifications under §535.63 of this subchapter for qualifying real estate, easement or right-of-way, or inspector courses provided that person instructs for no more than 10% of the total course time.

(1) The following practices are prohibited:

(A) using any advertising which does not clearly and conspicuously contain the provider's name on the first page or screen of the advertising;

(B) representing that the provider's program is the only vehicle by which a person may satisfy educational requirements;

(C) conveying a false impression of the provider's size, superiority, importance, location, equipment or facilities, except that a provider may use objective information published by the Commission regarding pass rates if the provider also displays next to the passage rate in a readily noticeable fashion:

(i) A hyperlink to the Commission website's Education Provider Exam Passage Rate page labeled "TREC Provider Exam Pass Rates" for digital media; or

(ii) A URL to the Commission website's Education Provider Exam Passage Rate page labeled "TREC Provider Exam Pass Rates" for non-digital media;

(D) promoting the provider directly or indirectly as a job placement agency, unless the provider is participating in a program recognized by federal, state, or local government and is providing job placement services to the extent the services are required by the program;

(E) making any statement which is misleading, likely to deceive the public, or which in any manner tends to create a misleading impression;

(F) advertising a course under a course name other than the course name approved by the Commission; or

(G) advertising using a name that implies the course provider is the Texas Real Estate Commission, including use of the acronym "TREC", in all or part of the course provider's name.

(2) Any written advertisement by a provider that includes a fee that the provider charges for a course must display any additional fees that the provider charges for the course in the same place in the advertisement and with the same degree of prominence.

(3) The provider shall advertise a course for the full clock hours of time for which credit is awarded.

(4) The provider is responsible for and subject to sanctions for any violation of this subsection by any affiliate or other third party marketer or web hosting site associated with or used by the provider.

(d) Pre-enrollment agreements for approved providers.

(1) Prior to a student enrolling in a course, a provider approved by the Commission shall provide the student with a pre-enrollment agreement that includes all of the following information:

(A) the tuition for the course;

(B) an itemized list of any fees charged by the provider for supplies, materials, or books needed in course work;

(C) the provider's policy regarding the refund of tuition and other fees, including a statement addressing refund policy when a student is dismissed or withdraws voluntarily;

(D) the attendance requirements;

(E) the acceptable makeup procedures, including any applicable time limits and any fees that may be charged for makeup sessions;

(F) the procedure and fees, if applicable, associated with exam proctoring;

(G) the procedure and fees for taking any permitted makeup final examination or any permitted re-examination, including any applicable time limits; and

(H) the notices regarding potential ineligibility for a license based on criminal history required by §53.152, Texas Occupations Code.

(2) A pre-enrollment agreement must be signed by a representative of the provider and the student prior to commencement of the course.

(e) Refund of fees by approved provider.

(1) A provider shall establish written policies governing refunds and contingency plans in the event of course cancellation.

(2) If a provider approved by the Commission cancels a course, the provider shall:

(A) fully refund all fees collected from students within a reasonable time; or

(B) at the student's option, credit the student for another course.

(3) The provider shall inform the Commission when a student requests a refund because of a withdrawal due to the student's dissatisfaction with the quality of the course.

(4) If a provider fails to give the notice required by subsection (d)(1)(H) of this section, and an individual's application for a license is denied by the Commission because the individual has been convicted of a criminal offense, the provider shall reimburse the individual the amounts required by §53.153, Texas Occupations Code.

(f) Course materials.

(1) Before the course starts, a provider shall give each student copies of or, if a student has online access, provide online access to any materials to be used for the course.

(2) A provider shall update course materials to ensure that current and accurate information is provided to students as provided for under §535.62 of this subchapter (relating to Approval of Qualifying Courses).

(g) Presentation of courses.

(1) Classroom Delivery.

(A) The location for the course must:

(i) be conducive to instruction, such as a classroom, training room, conference room, or assembly hall that is separate and apart from work areas;

(ii) be adequate for the class size;

(iii) pose no threat to the health or safety of students; and

(iv) allow the instructor to see and hear each student and the students to see and hear the instructor, including when offered through the use of technology.

(B) The provider must:

(i) verify the identification of each student at class sign up and when signing in for each subsequent meeting of the class;

(ii) ensure the student is present for the course for the hours of time for which credit is awarded;

(iii) provide a 10 minute break per hour at least every two hours; and

(iv) not have daily course segments that exceed 12 hours.

(C) For a qualifying or non-elective continuing education classroom delivery course delivered through the use of technology where there are more than 20 students registered for the course, the provider will also use a monitor to verify identification of each student, monitor active participation of each student and facilitate questions for the instructor.

(D) Makeup Session for Classroom Courses.

(i) A provider may permit a student who attends at least two-thirds of an originally scheduled qualifying course to complete a makeup session to satisfy attendance requirements.

(ii) A member of the provider's staff must approve the makeup procedure to be followed. Acceptable makeup procedures are:

(I) attendance in corresponding class sessions in a subsequent offering of the same course; or

(II) the supervised presentation by audio or video recording of the class sessions actually missed.

(iii) A student shall complete all class makeup sessions no later than the 90th day after the date of the completion of the original course.

(iv) A student who attends less than two-thirds of the originally scheduled qualifying course is not eligible to complete a makeup session. The student shall automatically be dropped from the course with no credit.

(2) Distance Education Delivery. The provider must ensure that:

(A) the student taking all topics of the course and completing all quizzes and exercises is the student receiving credit for the course through a student identity verification process acceptable to the Commission;

(B) a qualified instructor is available to answer students' questions or provide assistance as necessary in a timely manner;

(C) a student has completed all instructional modules and attended any hours of live instruction required for a given course; and

(D) a qualified instructor is responsible for providing answers and rationale for the grading of the course work.

(3) A provider is not required to present topics in the order outlined for a course on the corresponding course approval form.

(4) The periods of time prescribed to each unit of a topic for a qualifying course as outlined on the corresponding course approval form are recommendations and may be altered to allow instructors flexibility to meet the particular needs of their students.

(5) Notwithstanding paragraphs (3) and (4) of this subsection, all units must be presented within the prescribed topic.

(h) Course examinations.

(1) The final examination given at the end of each course must be given in the manner submitted to and approved by the Commission.

(2) Final examination questions must be kept confidential and be significantly different from any quiz questions and exercises used in the course.

(3) A provider shall not permit a student to view or take a final examination before the completion of regular course work and any makeup sessions required by this section.

(4) A provider must rotate all versions of the examination required by §535.62(b)(7) of this subchapter throughout the approval period for a course in a manner acceptable to the Commission and must require an unweighted passing score of 70%.

(5) A provider must administer the examination under conditions that ensure the student taking the examination is the student who registered for and took the course.

(6) A provider may not give credit to a student who fails a final examination and a subsequent final examination as provided for in subsection (i) of this section.

(i) Subsequent final course examination.

(1) If a student fails a final course examination, a provider may permit the student to take a subsequent final examination only after the student has completed any additional course work prescribed by the provider.

(2) A student shall complete the subsequent final examination no later than the 90th day after the date the original class concludes. The subsequent final examination must be a different version of the original final examination given to the student and must comply with §535.62(b)(8) of this subchapter and subsection (h) of this section.

(3) If a student fails to timely complete the subsequent final examination as required by this subsection, the student shall be automatically dropped from the course with no credit.

(4) A student who fails the final course examination a second time is required to retake the course and the final course examination.

(j) Course completion records.

(1) Upon successful completion of a qualifying course, a provider shall submit course completion records to the Commission using a process acceptable to the Commission not sooner than the number of course credit hours has passed and not later than the 10th calendar day after the date a course is completed.

(2) The course completion record shall include:

(A) the provider's name and approval number;

(B) the student's name;

(D) course number;

(E) the number of credit hours;

(F) the course delivery method;

(G) the dates the student began and completed the course; and

(H) for qualifying real estate courses completed on or after October 1, 2026, one of the following issued by the Commission:

(i) the student's license number, or

(ii) if no license number has been issued by the Commission, the student's application number.

(3) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.

(4) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection.

(k) Instructor and course evaluations.

(1) A provider shall provide each student enrolled in a course with an instructor and course evaluation form or provide a link to an online version of the form that a student can complete and submit any time after course completion.

(2) An instructor may not be present when a student is completing the evaluation form and may not be involved in any manner with the evaluation process.

(3) When evaluating an instructor or course, a provider shall use all of the questions from the evaluation form approved by the Commission, in the same order as listed on that form. A provider may add additional questions to the end of the Commission evaluation questions or request the students to also complete the provider's evaluation form.

(4) A provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

(5) At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(l) Maintenance of records for a provider of qualifying courses.

(1) A provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.

(2) A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school.

(3) A school's financial statement and balance sheets must be available for audit by Commission staff, and the Commission may require presentation of financial statements or other financial records.

(4) All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.

(m) Changes in ownership or operation of an approved provider of qualifying courses.

(1) An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operations of the provider by submitting the Qualifying Education Provider Supplement Application using a process acceptable to the Commission, including but not limited to changes in:

(A) operations or records management; and

(B) the location of the main office and any other locations where courses are offered.

(2) An approved provider requesting approval of a change in ownership shall provide all of the following information or documents using a process acceptable to the Commission:

(A) an Education Provider Application reflecting all required information for each owner and the required fee;

(B) a Principal Information Form for each proposed new owner who holds at least 10% interest in the school;

(C) financial documents to satisfy standards imposed by §535.61 of this subchapter (relating to Approval of Providers of Qualifying Courses), including a $20,000 surety bond for the proposed new owner; and

(D) business documentation reflecting the change.

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 11, 2026.

TRD-202603399

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: August 31, 2026

Proposal publication date: May 22, 2026

For further information, please call: (512) 936-3057

SUBCHAPTER G. REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS

22 TAC §535.75

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.75, Responsibilities and Operations of Continuing Education Providers, in Chapter 535, General Provisions, without changes, as published in the May 22, 2026, issue of the Texas Register (51 TexReg 3508) and will not be republished.

The changes to §535.75 update the requirements for the course completion roster (to be renamed "course completion records" to more accurately capture the type of documents being provided) to streamline the information required to be provided by education providers to the Commission and to align language with other rules.

No comments were received on the amendments as published.

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 11, 2026.

TRD-202603400

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: August 31, 2026

Proposal publication date: May 22, 2026

For further information, please call: (512) 936-3057

SUBCHAPTER I. LICENSE RENEWAL

22 TAC §535.92

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.92, Continuing Education Requirements, in Chapter 535, General Provisions, without changes, as published in the May 22, 2026, issue of the Texas Register (51 TexReg 3510) and will not be republished.

The change to §535.92 updates terminology in subsection (b) (from "course completion roster" to "course completion records") to more accurately capture the types of documents provided and to align language with other rules.

One comment was received on the proposal and was reviewed by the Commission's Executive Committee. The commenter expressed a desire to increase continuing education requirements, but was not responsive to the proposed changes. As a result, the committee had no additional changes to the proposal.

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 11, 2026.

TRD-202603401

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: August 31, 2026

Proposal publication date: May 22, 2026

For further information, please call: (512) 936-3057