DIVISION 2. EXEMPTIONS FROM REGULATION

26 TAC §745.117

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §745.117, concerning Programs of Limited Duration Exempt from Regulation by Child Care Regulation (CCR).

Section 745.117 is adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3423). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to update the figure in §745.117 to restore two missing paragraphs in the table. The paragraphs were inadvertently removed through a recent rulemaking regarding Population Requirements for Certain Exempt Programs, which became effective on March 10, 2025. The missing two paragraphs relate to Child Care Regulation exemptions and do not impact current permit holders. For any new programs that apply for permits that would meet the exemptions, the criteria are in Texas Human Resources Code (HRC) §42.041(b)(4) and (22).

COMMENTS

The 14-day comment period ended June 20, 2025. During this period, HHSC did not receive any comments regarding the proposed rule.

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 Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rulemaking authority. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.

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 July 14, 2025.

TRD-202502497

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 3, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 221-9021

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