TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 507. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER
Z.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §507.516, concerning Tables.
BACKGROUND AND PURPOSE
The purpose of this proposal is to repeal the staffing table located in Texas Administrative Code (TAC) Title 26, Chapter 507, End Stage Renal Disease Facilities, Subchapter Z, Physical Plant and Construction Requirements, §507.516, Tables. A new staffing table was adopted in 26 TAC §507.60 and was effective on December 23, 2025.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the repeal is in effect, enforcing or administering the repeal does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeal is in effect:
(1) the proposed repeal will not create or eliminate a government program;
(2) implementation of the proposed repeal will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeal will result in no assumed change in future legislative appropriations;
(4) the proposed repeal will not affect fees paid to HHSC;
(5) the proposed repeal will not create a new regulation;
(6) the proposed repeal will not expand, limit, or repeal existing regulations;
(7) the proposed repeal will not change the number of individuals subject to the rule; and
(8) the proposed repeal will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The proposed repeal does not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rule. The proposed repeal is only removing outdated information that has already been updated and adopted in §507.60 of the same chapter.
LOCAL EMPLOYMENT IMPACT
The proposed repeal will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this repeal because the repeal does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Libby Elliott, Deputy Executive Commissioner, Office of Policy and Rules, has determined that for each year of the first five years the repeal is in effect, the public benefit will be improved clarity and accuracy for staffing levels of patient care staff and ensure stakeholders can easily find relevant, up-to-date regulations.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeal because the proposed repeal is only removing outdated information that has already been updated and adopted in §507.60 of the same chapter.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 14 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 26R035" in the subject line.
STATUTORY AUTHORITY
The repeal is authorized by 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 Texas Health and Safety Code §251.003, which requires HHSC to adopt rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility; and §251.014, which requires these rules to include minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
The repeal affects Texas Government Code §524.0151 and Texas Health and Safety Code §251.003 and §251.014.
§507.516.
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 December 16, 2025.
TRD-202504652
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: February 1, 2026
For further information, please call: (512) 221-9021