TITLE 1. ADMINISTRATION
PART 2. TEXAS ETHICS COMMISSION
CHAPTER 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
1 TAC §§22.1, 22.7, 22.9, 22.17, 22.19, 22.23, 22.29, 22.37The Texas Ethics Commission (the TEC) adopts amendments to Texas Ethics Commission Rules in Chapter 22 (relating to Restrictions on Contributions and Expenditures). Specifically, the TEC proposes amendments to §22.1 regarding Certain Campaign Treasurer Appointments Required Before Political Activity Begins, §22.7 regarding Contribution from out-of-State Committee, §22.9 regarding Cash Contributions Exceeding $100 Prohibited, §22.17 regarding Prohibition on Personal Use of Political Contributions, §22.19 regarding General Restrictions on Reimbursement of Personal Funds, §22.23 regarding Restrictions on Certain Payments, §22.29 regarding Activity After Death or Incapacity of Candidate or Officeholder, and §22.37 regarding Virtual Currency Contributions.
The amended rules are adopted without changes to the proposed text as published in the October 24, 2025, issue of the Texas Register (50 TexReg 6941). The amended rules will not be republished.
This adoption, along with the contemporaneous adoption of repeals in Chapter 22, amends the rules relating to restrictions on contributions and expenditures at the Ethics Commission.
State law requires state agencies to "review and consider for readoption each of its rules … not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date." Tex. Gov't Code §2001.039. The law further requires agencies to "readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section." Id.
The TEC is continuing its comprehensive review with a review of the TEC's rules regarding restrictions on contributions and expenditures, which are codified in Chapter 22. The repeal of some rules and adoption of amendments to other rules will shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on these restrictions.
No public comments were received on these proposed amended rules.
The amended rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted amended rules affect Title 15 of the Election 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 December 11, 2025.
TRD-202504568
Amanda Arriaga
General Counsel
Texas Ethics Commission
Effective date: December 31, 2025
Proposal publication date: October 24, 2025
For further information, please call: (512) 463-5800
1 TAC §§22.3, 22.6, 22.11, 22.21, 22.27
The Texas Ethics Commission (the TEC) adopts the repeal of certain Texas Ethics Commission Rules in Chapter 22 (relating to Restrictions on Contributions and Expenditures), including §22.3 regarding Disclosure of True Source of Contribution or Expenditure, §22.6 regarding Reporting Direct Campaign Expenditures, §22.11 regarding Prohibition on Contributions during Regular Session, §22.21 regarding Additional Restrictions on Reimbursement of Personal Funds and Payments on Certain Loans, and §22.27 regarding Time Limit on Retaining Unexpended Contributions.
These repeals are adopted without changes to the proposed text as published in the October 24, 2025, issue of the Texas Register (50 TexReg 6944). The rules will not be republished.
This adoption, along with the contemporaneous adoption of new rules in Chapter 22, amends the rules relating to restrictions on contributions and expenditures at the Ethics Commission.
State law requires state agencies to "review and consider for readoption each of its rules … not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date." Tex. Gov't Code §2001.039. The law further requires agencies to "readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section." Id.
The TEC is continuing its comprehensive review with a review of the TEC's rules regarding restrictions on contributions and expenditures, which are codified in Chapter 22. The repeal of some rules and adoption of amendments to other rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on these restrictions.
No public comments were received on these proposed changes.
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Title 15 of the Election 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 December 11, 2025.
TRD-202504567
Amanda Arriaga
General Counsel
Texas Ethics Commission
Effective date: December 31, 2025
Proposal publication date: October 24, 2025
For further information, please call: (512) 463-5800
CHAPTER 24. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES APPLICABLE TO CORPORATIONS AND LABOR ORGANIZATIONS
1 TAC §24.1, §24.17The Texas Ethics Commission (the TEC) adopts amendments to Texas Ethics Commission Rules in Chapter 24 (relating to Restrictions on Contributions and Expenditures Applicable to Corporations and Labor Organizations). Specifically, the TEC proposes amendments to §24.1 regarding Corporations and Certain Associations Covered, and §24.17 regarding Corporate Expenditures for Get-Out-the Vote Campaigns Permitted.
These amendments are adopted without changes to the proposed text as published in the October 24, 2025, issue of the Texas Register (50 TexReg 6944). The rules will not be republished.
These adoptions, along with the contemporaneous adoption of the repeal of one other rule in Chapter 24, amend the rules regarding restrictions on contributions and expenditures that are applicable to corporations and labor organizations.
State law requires state agencies to "review and consider for readoption each of its rules … not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date." Tex. Gov't Code §2001.039. The law further requires agencies to "readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section." Id.
The TEC is continuing its comprehensive review with a review of the TEC's rules regarding restrictions on contributions and expenditures applicable to corporations and labor organizations, which are codified in Chapter 24. The repeal of one rule and adoption of amendments to other rules will shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on these restrictions.
The amended rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted amended rules affect Title 15 of the Election 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 December 11, 2025.
TRD-202504571
Amanda Arriaga
General Counsel
Texas Ethics Commission
Effective date: December 31, 2025
Proposal publication date: October 24, 2025
For further information, please call: (512) 463-5800
1 TAC §24.5
The Texas Ethics Commission (the TEC) adopts the repeal of Texas Ethics Commission §24.5 (regarding Corporate Loans) in Chapter 24 (relating to Restrictions On Contributions And Expenditures Applicable To Corporations And Labor Organizations).
This repeal is adopted without changes to the proposed text as published in the October 24, 2025, issue of the Texas Register (50 TexReg 6946). The rule will not be republished.
This adoption, along with the contemporaneous adoption of amendments of certain other rules in Chapter 24, amends the rules regarding restrictions on contributions and expenditures that are applicable to corporations and labor organizations.
State law requires state agencies to "review and consider for readoption each of its rules … not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date." Tex. Gov't Code §2001.039. The law further requires agencies to "readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section." Id.
The TEC is continuing its comprehensive review with a review of the TEC's rules regarding restrictions on contributions and expenditures applicable to corporations and labor organizations, which are codified in Chapter 24. The repeal of some rules and adoption of amendments to other rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on these restrictions.
No public comments were received on these proposed changes.
The repealed rule is adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rule affects Title 15 of the Election 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 December 11, 2025.
TRD-202504569
Amanda Arriaga
General Counsel
Texas Ethics Commission
Effective date: December 31, 2025
Proposal publication date: October 24, 2025
For further information, please call: (512) 463-5800
PART 4. OFFICE OF THE SECRETARY OF STATE
CHAPTER 87. NOTARY PUBLIC
The Office of the Secretary of State (Office) adopts, in Title 1, Part 4, Texas Administrative Code, Chapter 87, new §§87.5, 87.8, and 87.9, concerning the qualification requirements of Texas notary public applicants. The Office adopts these rules to implement the new education requirements for notaries in Senate Bill 693, enacted by the 89th Legislature, Regular Session, codified at Chapter 406 of the Texas Government Code (SB 693).
The Office further adopts amendments to Chapter 87, §§87.13, 87.14, and 87.20, to clarify that, in accordance with Chapter 406 of the Texas Government Code, an applicant is not qualified to be commissioned as a traditional or online Texas notary public unless the applicant satisfies the mandatory education requirements.
Sections 87.5, 87.8, 87.9, 87.13, 87.14, and 87.20 are adopted with changes to the proposed text as published in the October 24, 2025, issue of the Texas Register (50 TexReg 6946). These rules will be republished. The changes to §87.5 provide that the fee for the notary education or continuing education course will be $20. The changes to §87.8 and §87.9 reflect that the Office will establish and offer the education and continuing education courses, as required by SB 693; an applicant must successfully answer a minimum of 70% of questions presented to the applicant during the education or continuing education course; and an applicant must take the education or continuing education course on or before the 90th day after the date on which the Office receives the course fee from the applicant. The changes to §87.13, §87.14, and §87.20 clarify that the proof of successful completion of the notary education or continuing education course remains valid for a year before the applicant submits a notary public application to the Office. The Office made each of these changes in response to public comments received, as described below.
BACKGROUND INFORMATION AND JUSTIFICATION
The adoption implements SB 693 (89th Legislature, Regular Session), which creates a framework in Chapter 406 of the Texas Government Code to require and provide education for the appointment of a notary public applicant and continuing education for the reappointment of a notary public. The bill took effect on September 1, 2025.
As enacted by SB 693, Chapter 406 of the Texas Government Code requires the Office to adopt rules necessary to establish education requirements for appointment and continuing education requirements for reappointment as a notary public not later than January 1, 2026.
Texas Government Code §406.023(d)(1) specifies that the Office may not require a person to complete more than two hours of education for appointment or two hours of continuing education for reappointment as a notary public. Texas Government Code §406.023(d)(2) directs the Office to establish and offer education and continuing education courses and allows the Office to charge a reasonable fee for those courses. Texas Government Code §406.023(d)(3) directs the Office to require that the education and continuing education course hours required for appointment or reappointment as a notary public may only be completed through a course established and offered by the Office. In addition, Texas Government Code §406.023(d)(4) prohibits the Office from requiring a person appointed as a notary public before September 1, 2025 to complete education requirements required for initial appointment as a notary public on or after that date. SB 693 also established that the successful completion of a notary education course or continuing education course is now a mandatory qualification for commissioning as a Texas notary public or renewal of an existing Texas notary public commission under Texas Government Code §406.006 and Texas Government Code §406.011.
The purpose of these new rules under Chapter 87 (Notary Public) is to provide information regarding the education requirements for persons applying for or renewing a Texas notary public commission in accordance with SB 693. The changes will apply to notary public appointment and reappointment applications submitted to the Office on or after January 1, 2026.
COMMENTS
The 30-day comment period ended on November 23, 2025. During this period, the Office received comments regarding the proposed rules from 12 interested parties. A summary of the comments relating to the proposed rules and the Office's responses follows.
Comment: Several commenters noted that proposed §87.8 and §87.9 did not indicate that the Office would "offer" the education and continuing education courses, as required under Texas Government Code §406.023(d)(2), or otherwise describe how the Office would develop, review, and maintain the curriculum for each course.
Response: The Office appreciates the request for clarity regarding the presentation of the education and continuing education courses. The Office has established a curriculum for each course and secured a technological platform to provide the notary education, the details of which are outside the scope of the proposed rules. The Office has revised §87.8(c) and §87.9(c) to reflect that the Office will establish and offer the courses.
Comment: The Office received 11 comments expressing opposition to the proposed $50 fee to take the initial education course or the continuing education course. The commenters suggested a range of alternative fee options ranging from no cost to $35 per course.
Response: The Office appreciates the comments related to the proposed fees and has revised §87.5 to provide that the fee for the education or continuing education course is $20.
Comment: Several commenters suggested that §87.8(d) and §87.9(d) be revised to allow an applicant 90 daysâ€"rather than 60 daysâ€"to complete the education or continuing education course after submitting payment to the Office. One of the commenters stated that a 90-day period would provide greater flexibility for applicants with professional or personal obligations.
Response: The Office appreciates these comments and has revised §87.8(d) and §87.9(d) to require an applicant to take the education or continuing education course on or before the 90th day after the date on which the Office receives the course fee from the applicant.
Comment: Several commenters suggested that §87.13, §87.14, and §87.20 be revised to specify the length of time for which the proof of course completion remains valid before an individual applies for a notary public commission.
Response: The Office appreciates these comments and has revised §87.13(a)(2)(E), §87.14(a)(2)(D), and §87.20(e)(2)(D) to clarify that the proof that the applicant has successfully completed the notary education or continuing education course remains valid for one year before the applicant submits a notary public application to the Office.
Comment: Several commenters suggested that §87.13, §87.14, and §87.20 be revised to remove the requirement that an applicant provide proof of payment of the course fee with a notary public application. The commenters believed that the course completion certificate should suffice as proof of payment because the course is established and offered directly by the Office.
Response: The Office declines to revise §87.13, §87.14, or §87.20 as suggested. The existing wording in §87.13(a)(2)(F), §87.14(a)(2)(E), and §87.20(e)(2)(E) is intended to ensure clarity regarding the course fee. In these provisions, the Office intends to address instances in which a person pays for and successfully completes the notary education course, later requests a refund or chargeback of the fee, and seeks to be commissioned as a notary public based on their completion of the education course.
Comment: Several commenters expressed their opposition to the requirement in §87.5(c), §87.8(d), and §87.9(d) that an applicant pay a new fee for each attempt of the education or continuing education course. The commenters suggested that the Office should assess only a nominal fee, if any, for an applicant to retake the course.
Response: The Office appreciates the comments and took these considerations into account in the proposed rules. The Office believes that requiring an applicant to pay the course fee for each attempt will help maintain the integrity of the notary education process and encourage the applicant to adequately prepare for the questions presented during the course. In addition, the Office determined that this provision was consistent with other professional examinations administered in Texas. The Office made no changes to the rules in response to these comments.
Comment: Several commenters stated that the Office should not limit the number of times that an applicant may attempt to take the education or continuing education course over a defined time period.
Response: The Office appreciates the comments and took these considerations into account in the proposed rules. The Office determined that imposing a limit on the number of times that an applicant may attempt to complete the course in a 3-month period, as provided in proposed §87.8(e) and §87.9(e), would promote the effective training of well-prepared notaries public. The Office made no changes to the rules in response to these comments.
Comment: Several commenters suggested that §87.8(c) and §87.9(c) be revised to require only completion of the education or continuing education course rather than a passing score on an examination. On the other hand, some commenters expressed their support for the testing provisions in §87.8(c) and §87.9(c).
Response: The Office appreciates the comments and took these considerations into account in the proposed rules. The Office strongly supports testing to verify that an applicant demonstrates the requisite knowledge of the laws and rules governing notaries public. In addition, the testing provisions in §87.8 and §87.9 are consistent with Texas Government Code §406.006 and Texas Government Code §406.011, which provide that the successful completion of an education or continuing education course is a mandatory qualification for commissioning as a Texas notary public or renewal of an existing Texas notary public commission. The Office made no changes to the rules in response to these comments.
Comment: Several commenters expressed their opposition to the 80% passing-score threshold in §87.8(c) and §87.9(c), including suggesting that the minimum passing score be reduced to 70%, consistent with other professional examinations administered in Texas.
Response: The Office appreciates these comments and has revised §87.8(c) and §87.9(c) to provide that an applicant must successfully answer a minimum of 70% of questions presented to the applicant during the education or continuing education course.
Comment: Several commenters suggested that the proposed rules be amended to remove the requirement that an applicant applying for an online notary commission take a separate education course containing online notary public subject matter. Some of the commenters recommended that the Office establish a single notary-practices course, with one fee, containing education encompassing the responsibilities of a traditional notary public and an online notary public.
Response: The Office declines to revise any of the proposed rules as suggested. The education courses for traditional notary commissions and online notary commissions are two separate curricula. Most of the topics in the two courses do not overlap, as the Office has strived to limit the amount of duplicative information in the courses. As traditional notarizations and online notarizations are subject to different laws and rules, the Office believes it is important that the processes for these notarizations are taught in their respective courses.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The new rule is adopted as authorized by Texas Government Code §406.023 and Texas Government Code §2001.004(1). Texas Government Code §406.023 authorizes the Office to adopt rules necessary to implement the notary public education requirements in Chapter 406 of the Texas Government Code. Texas Government Code §2001.004 requires a state agency to adopt rules of practice stating the nature and requirements of formal and informal procedures.
§87.5.
(a) The nonrefundable fee for the notary education course is $20.00.
(b) The nonrefundable fee for the notary continuing education course is $20.00.
(c) An applicant must pay a separate notary education course fee or notary continuing education course fee each time the applicant takes a course.
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 December 12, 2025.
TRD-202504626
Adam Bitter
General Counsel
Office of the Secretary of State
Effective date: January 1, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 475-2813
SUBCHAPTER
B.
STATUTORY AUTHORITY
The new rules are adopted as authorized by Texas Government Code §406.023 and Texas Government Code §2001.004(1). Texas Government Code §406.023 authorizes the Office to adopt rules necessary to implement the notary public education requirements in Chapter 406 of the Texas Government Code. Texas Government Code §2001.004 requires a state agency to adopt rules of practice stating the nature and requirements of formal and informal procedures.
§87.8.
(a) An applicant must fulfill the education requirement under Texas Government Code §406.006 before the applicant may apply for appointment as a Texas notary public.
(b) To fulfill the education requirement, an applicant must first pay the notary education course fee specified in §87.5(a) of this title (relating to Notary Education Fees).
(c) After payment of the required notary education course fee, an applicant must take a notary education course that does not exceed two hours and has been established and offered by the secretary of state. The applicant must successfully answer a minimum of 70% of questions presented to the applicant during the education course.
(1) If an applicant is applying for a traditional notary public commission, the applicant fulfills the education requirement by taking a notary education course and successfully answering questions on traditional notary subject matter.
(2) If an applicant is also applying for an online notary public commission, the applicant fulfills the education requirement by taking a notary education course and successfully answering questions on online notary public subject matter.
(d) An applicant must take the notary education course on or before the 90th day after the date on which the secretary of state receives the course fee from the applicant. Failure to take the education course within 90 days will result in forfeiture of the course fee, and any completion of the course after the 90-day period has expired will not fulfill the education requirement. The applicant must pay a new fee to reattempt the notary education course.
(e) An applicant may not complete a notary education course more than 3 times in a 3-month period to fulfill the education requirement.
§87.9.
(a) A Texas notary public must fulfill the continuing education requirement under Texas Government Code §406.011 before the notary public may apply for reappointment as a Texas notary public.
(b) To fulfill the continuing education requirement, a notary public must first pay the notary continuing education course fee specified in §87.5(b) of this title (relating to Notary Education Fees).
(c) After payment of the required notary continuing education course fee, a notary public must take a continuing education course that does not exceed two hours and has been established and offered by the secretary of state. The notary public must successfully answer a minimum of 70% of questions presented to the notary during the continuing education course.
(1) If an applicant is applying for the renewal of a traditional notary public commission, the applicant fulfills the continuing education requirement by taking a notary continuing education course and successfully answering questions on traditional notary subject matter.
(2) If an applicant is also applying for the renewal of an online notary public commission, the applicant fulfills the continuing education requirement by taking a notary continuing education course and successfully answering questions on online notary public subject matter.
(d) A notary public must take the notary continuing education course on or before the 90th day after the date on which the secretary of state receives the course fee from the notary. Failure to take the continuing education course within 90 days will result in forfeiture of the course fee, and any completion of the course after the 90-day period has expired will not fulfill the continuing education requirement. The notary public must pay a new fee to reattempt the notary continuing education course.
(e) A notary public may not complete a notary continuing education course more than 3 times in a 3-month period to fulfill the continuing education requirement.
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 December 12, 2025.
TRD-202504627
Adam Bitter
General Counsel
Office of the Secretary of State
Effective date: January 1, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 475-2813
1 TAC §87.13, §87.14
STATUTORY AUTHORITY
The amendments are adopted as authorized by Texas Government Code §406.023 and Texas Government Code §2001.004(1). Texas Government Code §406.023 authorizes the Office to adopt rules necessary to implement the notary public education requirements in Chapter 406 of the Texas Government Code. Texas Government Code §2001.004 requires a state agency to adopt rules of practice stating the nature and requirements of formal and informal procedures.
§87.13.
(a) The secretary of state shall issue a traditional notary public commission to a qualified applicant. An applicant is qualified if:
(1) the applicant meets the eligibility requirements stated in §87.10 of this title (relating to Eligibility to Hold the Office of Notary Public);
(2) the applicant submits:
(A) a properly completed and executed application;
(B) the bond as provided in §406.010, Government Code, if required;
(C) the statement of officer required by article XVI, §1 Texas Constitution;
(D) payment to the secretary of state of fees required by §406.007, Government Code; and
(E) proof that the applicant has successfully completed the notary education course required by §406.006(6), Government Code, within one year preceding the date on which the applicant submits the application; and
(F) proof of payment of the notary education course fee under §87.5 of this title (relating to Notary Education Fees); and
(3) no good cause exists for rejecting the application.
(b) The secretary of state shall not commission an applicant if the applicant had a prior application rejected or a commission revoked due to a finding of ineligibility or good cause and the reason for ineligibility or grounds for good cause continues to exist.
(c) When all conditions for qualification have been met, the application shall be approved and filed. The secretary of state shall cause a commission to be issued and sent to each traditional notary public who has qualified. A commission is effective as of the date of qualification.
§87.14.
(a) The secretary of state shall issue an online notary public commission to a qualified applicant. An applicant is qualified if:
(1) the applicant meets the eligibility requirements stated in §87.11 of this title (relating to Eligibility to be Commissioned as an Online Notary Public);
(2) the applicant submits:
(A) a properly completed and executed application;
(B) the statement of officer required by article XVI, §1 Texas Constitution;
(C) payment to the secretary of state the application fee of $50; and
(D) proof that the applicant has successfully completed the notary education course required by §406.006(6), Government Code, within one year preceding the date on which the applicant submits the application; and
(E) proof of payment of the notary education course fee under §87.5 of this title (relating to Notary Education Fees); and
(3) no good cause exists for rejecting the application.
(b) The secretary of state shall not commission an applicant if the applicant had a prior application rejected or a commission revoked due to a finding of ineligibility or good cause and the reason for ineligibility or grounds for good cause continues to exist.
(c) When all conditions for qualification have been met, the application shall be approved and filed. The secretary of state shall cause a commission to be issued and sent to each online notary public who has qualified. A commission is effective as of the date of qualification and shall expire on the same date as applicant's corresponding traditional notary public 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 December 12, 2025.
TRD-202504628
Adam Bitter
General Counsel
Office of the Secretary of State
Effective date: January 1, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 475-2813
SUBCHAPTER
C.
STATUTORY AUTHORITY
The amendment is adopted as authorized by Texas Government Code §406.023 and Texas Government Code §2001.004(1). Texas Government Code §406.023 authorizes the Office to adopt rules necessary to implement the notary public education requirements in Chapter 406 of the Texas Government Code. Texas Government Code §2001.004 requires a state agency to adopt rules of practice stating the nature and requirements of formal and informal procedures.
§87.20.
(a) An applicant who is an officer or employee of a state agency is not required to provide a surety bond. For the purpose of this chapter, "state agency" has the meaning assigned by §2052.101, Government Code.
(b) An applicant who is an officer or employee of a state agency and does not provide a surety bond must complete the traditional notary public application entitled "Application for Appointment as a Notary Public Without Bond" (Form 2301-NB).
(c) The State Agency employing the applicant must submit the completed application to the State Office of Risk Management.
(d) The State Office of Risk Management shall complete the verification certificate on the application and forward the completed application to the Office of the Secretary of State for processing.
(e) The secretary of state shall commission the applicant if:
(1) the applicant meets the eligibility requirements stated in §87.10 of this title (relating to Eligibility to Hold the Office of Notary Public);
(2) the applicant submits:
(A) a properly completed and executed application verified by the State Office of Risk Management;
(B) the statement of officer required by article XVI, §1 Texas Constitution;
(C) the payment of fees required by §406.007(a)(2) and§406.007(b), Government Code; and
(D) proof that the applicant has successfully completed the notary education course required by §406.006(6), Government Code, within one year preceding the date on which the applicant submits the application; and
(E) proof of payment of the notary education course fee under §87.5 of this title (relating to Notary Education Fees); and
(3) no good cause exists for rejecting the application.
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 December 12, 2025.
TRD-202504629
Adam Bitter
General Counsel
Office of the Secretary of State
Effective date: January 1, 2026
Proposal publication date: October 24, 2025
For further information, please call: (512) 475-2813
PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER
A.
DIVISION 20. PHYSICAL THERAPY SERVICES
1 TAC §354.1291The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §354.1291, concerning Benefits and Limitations.
Section 354.1291 is adopted with changes to the proposed text as published in the July 4, 2025, issue of the Texas Register (50 TexReg 3845). The rule will be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the amendment is to expand Medicaid reimbursement for physical therapy (PT) services provided to a Medicaid recipient. The rule currently provides that PT services must be prescribed by a physician to be reimbursed by Medicaid. This amendment permits Medicaid reimbursement for PT services that are prescribed by a licensed physician assistant (PA) or an advanced practice registered nurse (APRN) licensed as a certified nurse practitioner (CNP) or a clinical nurse specialist (CNS), as authorized by their professional licensure and state law. This amendment aligns with the rules governing physical therapy as a home health benefit in Texas Administrative Code Title 1, §354.1031(b)(1)(B) and §354.1039(a)(5)(C).
COMMENTS
The 31-day comment period ended August 4, 2025.
During this period, HHSC received comments regarding the proposed rule from four commenters. HHSC received comments from the Texas Nurse Practitioners (TNP), the Texas Academy of Physician Assistants (TAPA), the Texas Medical Association (TMA), and one individual. A summary of comments relating to the rule and HHSC's responses follows.
Comment: TNP and the TAPA expressed support for the proposed amendment to §354.1291 and encouraged HHSC to adopt the amendment.
Response: HHSC appreciates this support to adopt the proposed rule.
Comment: One individual disagreed with the removal of "licensed" from subsection (f) of the rule proposal, when referring to a physical therapist. The individual stated that by removing "licensed," the rule indicates that physical therapists, both licensed and non-licensed, can provide PT services.
Response: HHSC agrees that physical therapists and physical therapy assistants are required to be licensed to provide PT services. Definitions of "physical therapist" and "physical therapy assistant" were added to the proposed rule in subsection (a)(2) and (3) and defined to mean licensed individuals. Therefore, "licensed" was removed from subsection (f).
Comment: The TMA suggests removal of APRNs from the definition of an allowed practitioner because the Nursing Practice Act excludes the prescription of therapeutic or corrective measures. TMA states prescribing PT services is therefore outside of a nurse's scope of practice. TMA asserts that APRNs are limited to ordering "drugs or devices" under Texas Occupations Code Chapter 157, Subchapter B. TMA also states that the statutory authority for PAs to make referrals does not come from Chapter 157, Subchapter B. Rather, under a PA's scope of practice, services may be delegated by a supervising physician, including ordering therapeutic procedures and making appropriate referrals, under Texas Occupations Code §204.202. The TMA states a physical therapist is prohibited from providing treatment without a referral from a referring practitioner including a physician, dentist, chiropractor, or podiatrist.
Response: HHSC appreciates the comment and agrees that PAs and APRNs must follow state law and scope of practice requirements according to their professional licensure with regard to prescribing PT services. This rule is not intended to authorize PAs and APRNs to prescribe PT services; rather, it is intended to permit Medicaid reimbursement for PT services prescribed by a PA or APRN if prescribing PT services is within their professional licensure and consistent with any other state law governing prescriptive authority. HHSC made changes to the definition of "allowed practitioner" in subsection (a)(1) to clarify this intent and correct references to licensure statutes. All Medicaid providers are presumed to know and act within state law and their professional licensure when providing services to Medicaid recipients.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and provides the executive commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021, which provides HHSC with the authority to administer the federal medical assistance program in Texas and to adopt rules and standards for program administration.
§354.1291.
(a) The following words and terms when used in this division, have the following meanings, unless the context clearly indicates otherwise.
(1) Allowed practitioner--An individual who follows state law and scope of practice requirements according to the individual's professional licensure with regard to prescribing physical therapy services and:
(A) is licensed as a physician assistant under Texas Occupations Code Chapter 204; or
(B) is licensed as an advanced practice registered nurse under Texas Occupations Code Chapter 301 as a:
(i) certified nurse practitioner; or
(ii) clinical nurse specialist.
(2) Physical therapist--An individual licensed under Texas Occupations Code Chapter 453.
(3) Physical therapist assistant--An individual licensed under Texas Occupations Code Chapter 453.
(4) Physical therapy--This term has the meaning assigned in Texas Occupations Code §453.001.
(5) Physician--A Doctor of Medicine or Doctor of Osteopathy legally authorized to practice medicine or osteopathy at the time and place the service is provided.
(6) Prescribing provider--A physician or an allowed practitioner.
(b) Subject to the specifications, conditions, requirements, and limitations established by HHSC, physical therapy services, which include necessary equipment and supplies provided by a licensed physical therapist, are covered by Texas Medicaid. Covered services also include the services of a physical therapist assistant when the services are provided under the direction of and billed by the licensed physical therapist.
(c) To be reimbursable, physical therapy services must be:
(1) provided by a physician, physical therapist, or a physical therapist assistant under the supervision of the physical therapist;
(2) reasonable and medically necessary, as determined by HHSC, or its designee;
(3) expected to significantly improve the recipient's condition in a reasonable and generally predictable period of time, based on the prescribing provider's assessment of the recipient's restorative potential after any needed consultation with the physical therapist; and
(4) prescribed by the recipient's prescribing provider.
(d) The following are not reimbursable physical therapy services under Texas Medicaid:
(1) services relating to activities for the general good and welfare of a recipient such as general exercises to promote overall fitness and flexibility;
(2) services relating to activities to provide diversion or general motivation; and
(3) repetitive services designed to maintain a recipient's function after the recipient reaches the maximum level of improvement.
(e) The physician or physical therapist who provides physical therapy services must have on file and available for inspection for each Medicaid recipient treated:
(1) a signed and dated physical therapy treatment plan based on the prescribing provider's prescription. The treatment plan addresses:
(A) diagnosis;
(B) modalities, if any;
(C) frequency of treatment;
(D) expected duration of treatment; and
(E) anticipated goals; and
(2) a prescription signed and dated by the recipient's prescribing provider for therapy services.
(f) Physical therapists who are employed by or remunerated by a physician, hospital, facility, or other provider may not bill Texas Medicaid directly for physical therapy services if the therapist's billing would result in duplicate payment for the same services. If physical therapy services are covered and reimbursable by Texas Medicaid, payment may be made to the physician, hospital, or other provider (if approved for participation in Texas Medicaid) who employs or reimburses the licensed physical therapist.
(g) The basis and amount of Medicaid reimbursement depends on the services actually provided, who provided the services, and the reimbursement methodology utilized by Texas Medicaid as appropriate for the services and providers involved.
(h) Physical therapy services provided by or under the direction of a physical therapist in long-term care facilities must be billed to the Medicaid recipient's nursing facility.
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 December 15, 2025.
TRD-202504641
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: January 4, 2026
Proposal publication date: July 4, 2025
For further information, please call: (512) 438-2910