TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER
F.
The Department and Family Protective Services (DFPS) proposes new §702.506 in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, ADVISORY COMMITTEES, related to the newly established Child Protective Investigations (CPI) Advisory Committee.
BACKGROUND AND PURPOSE
House Bill (H.B.) 140, 89th Texas Legislature (Regular Session, 2025), abolished the Texas Family and Protective Services Council effective September 1, 2026, and established the Child Protective Investigations Advisory Committee (CPI Advisory Committee). As a state advisory committee, DFPS is required to adopt rules in accordance with Texas Government Code Chapter 2110, including rules that define the committee's purpose and tasks, describe how the committee will report to the agency, and specify the committee's duration (unless a specific duration is prescribed by statute).
SECTION-BY-SECTION SUMMARY
Proposed new §702.506 establishes the CPI Advisory Committee in rule; it describes, inter alia, the CPI Advisory Committee's purpose and tasks, annual reporting requirements, and sets for confidentiality and Open Meetings Act requirements. The rule also provides for the Committee's expiration in 2029 in accordance with statute. The new rule is necessary to comply with state law; Government Code Chapter 2110 requires state agencies that establish advisory committees to adopt rules.
FISCAL NOTE
Lea Ann Biggar, Chief Financial Officer of DFPS, has determined that for each year of the first five years that the section(s) will be in effect, there will be fiscal implications to state or local governments as a result of enforcing and administering the section(s) as proposed.
GOVERNMENT GROWTH IMPACT STATEMENT
DFPS has determined that during the first five years that the section(s) will be in effect
(1) the proposed rule(s) will not create or eliminate a government program;
(2) implementation of the proposed rule(s) will not affect the number of employee positions;
(3) implementation of the proposed rule(s) will not require an increase or decrease in future legislative appropriations;
(4) the proposed rule(s) will not affect fees paid to the agency;
(5) the amended and appealed rules will not create a new regulation;
(6) the proposed rule(s) will not expand, limit, or repeal an existing rule
(7) the proposed rule(s) will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT
There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule is proposed by the Department of Family Protective Services.
PUBLIC BENEFIT
Ms. Biggar, Chief Financial Officer of DFPS, has also determined that for each year of the first five years the section is in effect, the public will benefit from adoption of the section. The public benefit anticipated as a result of enforcing or administering the section will be improved oversight, transparency, and consistency in child protective investigations through the establishment of an advisory committee that reviews policies, training, and closed cases and provides recommendations to DFPS.
TAKINGS IMPACT ASSESSMENT
DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
DFPS invites comments on the proposed rule proposals. DFPS requests information related to the cost, benefit, or effect of the proposed new, amended, and repealed rules, including any applicable data, research, or analysis. To be considered, comments, questions, and information must be submitted no later than 30 days after the date of this issue of the Texas Register.
Electronic comments and questions may be submitted to Lauren Villa, Policy Attorney at Lauren.Villa@dfps.texas.gov or RULES@dfps.texas.gov. Hard copy comments may be submitted to the DFPS Rules Coordinator, Legal Services Sanjuanita Maltos, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030.
STATUTORY AUTHORITY
The new rule is proposed under Texas Human Resources Code §40.031, as enacted by H.B. 140, 89th Legislature (Regular Session, 2025) which requires DFPS to establish the Child Protective Investigations Advisory Committee. Government Code Chapter 2110 requires rules for state agency advisory committees. The rule is also proposed under Texas Human Resources Code §40.021 which provides that the Department of Family and Protective Services Commissioner shall oversee the development of rules relating to matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
CROSS REFERENCE TO STATUTES
The proposed rule implements Texas Human Resources Code §40.031 and Government Code Chapter 2110.
§702.506.
(a) Establishment. The Child Protective Investigations Advisory Committee (CPI Advisory Committee) is established in accordance with Human Resources Code Section 40.031.
(b) Purpose. The purpose of the CPI Advisory Committee is to advise and make recommendations to DFPS on improving the accuracy, consistency, and compliance of child protective investigations involving specified individuals responsible for a child's care, custody or welfare, namely a child's parent, guardian, managing or possessory conservator, or foster parent; a member of the child's family or household; or a person with whom the child's parent cohabits.
(c) Tasks. The CPI Advisory Committee, as directed by the Chair, shall advise and make recommendations to DFPS pursuant to Human Resources Code Section 40.031(a) and (b), which may include, but is not limited to:
(1) policies, procedures, training, monitoring, compliance, and oversight related to child protective investigations;
(2) improving accuracy, consistency and legal compliance of investigations, including protection of due process rights;
(3) engaging with legal stakeholders and courts;
(4) promoting data-informed models for investigations;
(5) identifying and monitoring challenges related to the department's interaction and collaboration with any external parties that participate in the investigation processes;
(6) addressing barriers to standardization and accountability measures; and
(7) providing a forum for public input.
(d) Reporting.
(1) The CPI Advisory Committee shall prepare and submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, members of the Legislature, and the Commissioner. DFPS shall publish the report on its website.
(2) Any and all CPI Advisory Committee reports and recommendations are advisory in nature and do not obligate DFPS to take action.
(e) Bylaws. The CPI Advisory Committee may adopt bylaws, consistent with statute and rule, to further govern its internal practices. The bylaws may address membership, meetings, attendance requirements, notices, conflicts of interest, and other administrative or procedural matters necessary for the CPI Advisory Committee operation.
(f) Scope of Records. Any information including records provided by DFPS to the CPI Advisory Committee may only involve a closed investigation of persons described by Family Code Section 261.001(5)(A), (B), or (C) and are not pending an administrative review, State Administrative Office Hearing, or Suit Affecting the Parent Child Relationship.
(g) Confidentiality.
(1) Any information provided to the CPI Advisory Committee regarding a child protective investigation, including but not limited to information derived from investigation records, DFPS's determinations resulting from the investigation, and any advisory committee work product, is confidential under Texas Human Resources Code Section 40.031(j) and is not subject to disclosure under Government Code Chapter 552.
(2) CPI Advisory Committee work product includes but is not limited to any notes, summaries, analyses, drafts, emails, communications, deliberations, or recommendations created by or for the CPI Advisory Committee or that are created by a Member in connection with the Member's function as part of the CPI Advisory Committee as described in Human Resources Code Section 40.031(a) and (b).
(3) DFPS shall adopt and implement confidentiality procedures to ensure that confidential information provided to or derived from the CPI Advisory Committee is protected from unauthorized disclosure. Members must comply with these confidential procedures and shall sign a confidentiality agreement to ensure confidentiality of the information provided.
(4) Any information provided or disclosed to the CPI Advisory Committee, even if redacted, remains confidential.
(h) Open Meetings. The CPI Advisory Committee is subject to the Open Meetings Act, Government Code Chapter 551. The CPI Advisory Committee may conduct a closed meeting under Human Resources Code Section 40.031(h) in accordance with the Open Meetings Act to discuss information related to a case under review by the CPI Advisory Committee under Human Resources Code Section 40.031(i).
(i) Subcommittees. The CPI Advisory Committee may not establish or utilize any subcommittees or workgroups.
(j) Expiration. The CPI Advisory Committee is abolished, and this section expires, September 1, 2029.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January 27, 2026.
TRD-202600316
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Earliest possible date of adoption: March 15, 2026
For further information, please call: (512) 945-5978
PART 20. TEXAS WORKFORCE COMMISSION
CHAPTER 858. PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES
40 TAC §858.2The Texas Workforce Commission (TWC) proposes amendments to the following section of Chapter 858, relating to Procurement and Contract Management Requirements for Purchase of Goods and Services for Vocational Rehabilitation Services, §858.2.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed Chapter 858 rule change is to implement House Bill (HB) 2791, 89th Texas Legislature, Regular Session, 2025, which adds Texas Labor Code, §352.060.
Historically, TWC's Vocational Rehabilitation (VR) program operated under procurement authority derived from the Texas Health and Human Services Commission (HHSC) since the program's transfer to TWC in 2016. However, legislation passed during the 88th Texas Legislature (HB 4611) made nonsubstantive revisions to health and human services laws that had the unintended effect of removing the critical statutory connections that allowed TWC's VR program to use this authority.
Without corrective legislation, TWC's authority to use the noncompetitive open enrollment procurement method--a method used for approximately 1,000 active provider contracts--was set to end. This would have jeopardized the timely delivery of essential goods and services for more than 27,000 VR participants annually.
HB 2791 was enacted to resolve this issue by adding Texas Labor Code, §352.060, which provides TWC with direct and explicit statutory authority to procure goods and services for the VR program, including the continued use of open enrollment solicitations and new authority for direct negotiation with qualified vendors. This rule amendment aligns TWC's rules with this new statutory authority.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)
§858.2. Noncompetitive Open Enrollment Solicitation
Section 858.2 is amended to align with the new statutory authority provided by HB 2791, which adds Texas Labor Code, §352.060. This section affirms TWC's authority to use a noncompetitive open enrollment solicitation for acquiring goods and services for the VR program. It also outlines the conditions under which TWC may directly negotiate a contract if no responsive applications are received from an open enrollment solicitation, consistent with the provisions in the new statute.
PART III. IMPACT STATEMENTS
Chris Nelson, Chief Financial Officer, has determined that for each year of the first five years the rule will be in effect, the following statements will apply:
There are no additional estimated costs to the state and to local governments expected as a result of enforcing or administering the rule.
There are no estimated cost reductions to the state and to local governments as a result of enforcing or administering the rule.
There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There are no foreseeable implications relating to costs or revenue of the state or local governments as a result of enforcing or administering the rule.
There are no anticipated economic costs to individuals required to comply with the rule.
There is no anticipated adverse economic impact on small businesses, microbusinesses, or rural communities as a result of enforcing or administering the rule.
Based on the analyses required by Texas Government Code, §2001.024, TWC has determined that the requirement to repeal or amend a rule, as required by Texas Government Code, §2001.0045, does not apply to this rulemaking.
Takings Impact Assessment
Under Texas Government Code, §2007.002(5), "taking" means a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the US Constitution or the Texas Constitution, §17 or §19, Article I, or restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action, and is the producing cause of a reduction of at least 25 percent in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect. TWC completed a Takings Impact Assessment for the proposed rulemaking action under Texas Government Code, §2007.043. The primary purpose of this proposed rulemaking action, as discussed elsewhere in this preamble, is to implement Texas Labor Code, §352.060, as added by HB 2791, to provide TWC with direct statutory authority to continue its existing procurement methods for VR goods and services, including open enrollment solicitations and direct negotiation.
The proposed rulemaking action will not create any additional burden on private real property or affect private real property in a manner that would require compensation to private real property owners under the US Constitution or the Texas Constitution. The proposal also will not affect private real property in a manner that restricts or limits an owner's right to the property that would otherwise exist in the absence of the governmental action. Therefore, the proposed rulemaking will not cause a taking under Texas Government Code, Chapter 2007.
Government Growth Impact Statement
TWC has determined that during the first five years the rule will be in effect, it:
--will not create or eliminate a government program;
--will not require the creation or elimination of employee positions;
--will not require an increase or decrease in future legislative appropriations to TWC;
--will not require an increase or decrease in fees paid to TWC;
--will not create a new regulation;
--will not expand an existing regulation;
--will not change the number of individuals subject to the rule; and
--will not positively or adversely affect the state's economy.
Economic Impact Statement and Regulatory Flexibility Analysis
TWC has determined that the rule will not have an adverse economic impact on small businesses or rural communities, as the proposed rule places no requirements on small businesses or rural communities.
Mariana Vega, Director, Labor Market Information, has determined that there is not a significant negative impact upon employment conditions in the state as a result of the rule.
Tammy Ames, Director, Vocational Rehabilitation Division, has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the proposed rule will be to ensure the continuation of essential procurement methods for the VR program. This will allow for timely service delivery to VR participants with disabilities across the state by preventing the potential loss of providers that supply critical goods and services.
TWC hereby certifies that the proposal has been reviewed by legal counsel and found to be within TWC's legal authority to adopt.
PART IV. COORDINATION ACTIVITIES
This rulemaking implements statutory provisions as described in this proposed rule document. The public will have an opportunity to comment on the proposed rule changes as set forth below.
PART V. REQUEST FOR IMPACT INFORMATION
TWC requests, from any person required to comply with the proposed rule or any other interested person, information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. Please submit the requested information to TWCPolicyComments@twc.texas.gov no later than March 16, 2026.
PART VI. PUBLIC COMMENTS
Comments on the proposed rule may be submitted to TWCPolicyComments@twc.texas.gov and must be received no later than March 16, 2026.
PART VII. STATUTORY AUTHORITY
The rule is proposed under:
--Texas Labor Code, §352.060, as added by HB 2791, 89th Texas Legislature, Regular Session, 2025, which provides TWC the specific authority to adopt rules for the acquisition of VR goods and services, including rules allowing TWC to purchase VR services through open-enrollment solicitations and direct negotiation;
--Texas Labor Code, §352.103, which provides TWC with the authority to adopt rules for the provision of VR services; and
--Texas Labor Code, §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The proposed rule implements provisions of Title 4, Texas Labor Code, Chapter 352.
§858.2.
(a) General. The Agency may acquire goods or services through a noncompetitive open enrollment solicitation and enter into enrollment contracts with qualified contractors.
(1) An open enrollment solicitation must be conducted in an open and fair manner that reasonably provides interested, qualified contractors with an equal opportunity to obtain a contract or do business with the Agency.
(2)
The Agency may consider all relevant factors, as set forth under Texas Labor Code, §352.060(c), [past performance] when determining whether to award a contract to an applicant.
(b) Direct Negotiation for Vocational Rehabilitation Services. In the event the Agency receives no responsive applications to an open enrollment solicitation for vocational rehabilitation goods or services in a specific area of the state, the Agency's Procurement and Contract Services (PCS) division may directly negotiate a contract under the following conditions:
(1) The Agency must first make a written determination that an award through the open market solicitation is not available;
(2) PCS may negotiate with and award a contract to any qualified vendor that meets the requirements of the original solicitation; and
(3) The resulting contract must be at a price consistent with the current market value of the services and have a term not to exceed five years.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January 28, 2026.
TRD-202600343
Les Trobman
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: March 15, 2026
For further information, please call: (737) 301-9662