TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 13. HEALTH PLANNING AND RESOURCE DEVELOPMENT
SUBCHAPTER G.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §13.81, concerning Purpose; §13.82, concerning Definitions; §13.83, concerning Grant Application Procedures; §13.84, concerning Program Funding and Award Amounts; §13.85, concerning Award Criteria and Selection for Funding; §13.86, concerning General Information; and §13.87, concerning Reporting.
BACKGROUND AND PURPOSE
The purpose of the proposal is to broaden language to ensure program rules are not more restrictive than statute. Throughout the rules, the term "Request for Applications" is replaced with the more general term "solicitation." The proposed amendments remove requirements for "short-term and long-term" performance measures and remove language related to priority selection, which will instead be defined in each solicitation. The amendments improve flexibility in implementation of the grant program and increase accessibility to grant funds for health care facilities. Additionally, amendments reflect rule writing standards and plain language expectations to ensure clarity and readability.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §13.81, concerning Purpose, deletes subsection (b) and the section is subsequently reformatted.
The proposed amendment to §13.82, concerning Definitions, replaces wording, adds "HSC" as an acronym, and revises paragraph (4) by adding new subparagraphs (A) - (D) for clarity.
The proposed amendment to §13.83, concerning Grant Application Procedures, adds the department will publish solicitations on its grant's website and replaces wording throughout for clarity.
The proposed amendment to §13.84, concerning Program Funding and Award Amounts, adds the total funding available for the program depends on the amount of money transferred to the department from the Texas Board of Nursing to fund grants.
The proposed amendment to §13.85, concerning Award Criteria and Selection for Funding, removes the requirement for "short-term and long-term" performance measures, broadens the requirement for proposed performance metrics, and replaces wording throughout for clarity. It also removes language related to priority selection, which will instead be defined in each solicitation.
The proposed amendment to §13.86, concerning General Information, clarifies the department may cancel or suspend a grant solicitation at its discretion, and removes the acronyms, NOGA and RFA.
The proposed amendment to §13.87, concerning Reporting, replaces wording, adds language to clarify reporting requirements for grant recipients, and adds the department will publish the grant awards report on the department's website.
Lastly, the amendments incorporate rule writing standards and plain language expectations.
FISCAL NOTE
Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of DSHS employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to DSHS;
(5) the proposed rules will not create a new regulation;
(6) the proposed rules will not expand, limit, or repeal existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities.
Participation in applying for grant funds is optional.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Dr. Varun Shetty, Chief State Epidemiologist, has determined that for each year of the first five years the rules are in effect, the public benefit will be increased flexibility in the implementation of the grant program and increased accessibility to grant funds.
Christy Havel Burton has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because application for grant funds is voluntary.
TAKINGS IMPACT ASSESSMENT
DSHS 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 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 31 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 25R011" in the subject line.
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001; and Texas Health and Safety Code §105.011(e) which provides that DSHS shall provide administrative assistance to the nursing resource section in administering the grant program and that the Executive Commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and establishing a reporting procedure for grant recipients.
The amendments implement Texas Government Code §524.0151 and Texas Health and Safety Code Chapter 1001 and §105.011.
§13.81.
[(a)] The purpose of this subchapter is to implement Texas Health and Safety Code [,] §105.011. The Workplace Violence Against Nurses Prevention Grant Program authorizes the Department of State Health Services to award grant payments to fund innovative approaches [aimed at reducing] verbal and physical violence against nurses in hospitals, freestanding emergency medical care facilities, nursing facilities, and home health agencies.
[(b) Grant funds awarded under this subchapter may only be spent on a program intended to identify and implement efforts to reduce verbal and physical violence against nurses in hospitals, freestanding emergency medical care facilities, nursing facilities, and home health agencies.]
§13.82.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Administer--Includes the proposal, development, and implementation of a program, within the parameters of a solicitation [the Request for Applications].
(2) Department--The Texas Department of State Health Services.
(3) Health care facility--Includes [any of] the following, as defined in Texas Health and Safety Code (HSC)[ ,] §105.001:
(A) freestanding ["Freestanding] emergency medical care facility[" means a facility] licensed under Texas HSC [Health and Safety Code,] Chapter 254;[.]
(B) home ["Home] health agency[ " means a home and community support services agency] licensed under Texas HSC [Health and Safety Code,] Chapter 142;[.]
(C) hospital ["Hospital" means a]:
(i) a general or special hospital licensed under Texas HSC [Health and Safety Code,] Chapter 241;
(ii) a private mental hospital licensed under Texas HSC [Health and Safety Code,] Chapter 577; or
(iii) a hospital that is maintained or operated by this state or an agency of this state; or[.]
(D) nursing ["Nursing] facility[ " means an institution] licensed under Texas HSC [Health and Safety Code,] Chapter 242.
(4) Solicitation [Request for Applications (RFA)]--A type of [solicitation] notice in which the department announces: [available grant funding, sets forth the guidelines governing the program, provides evaluation criteria for submitted applications, and provides instructions for eligible entities to submit applications for such funding. The guidelines governing the program may include a letter of intent, eligibility requirements, performance expectations, budget guidelines, reporting requirements, and other standards of accountability for this program.]
(A) the available grant funding;
(B) the guidelines for the program;
(C) the evaluation criteria; and
(D) the instructions for submitting applications.
(5) Workplace Violence Prevention Grant Program--A grant program supporting health care facilities to protect nurses from violence [under which the department awards grant payments to a health care facility to administer innovative programs designed to reduce verbal and physical violence against nurses in this state].
§13.83.
The department will publish solicitations on its grant's website. Each [To qualify for funding consideration, each] eligible applicant must submit an application to the department staff listed [identified] in the solicitation to qualify for funding [RFA]. Each application must, as outlined in the solicitation:
(1) be submitted electronically in the required [ a] format [specified in the RFA];
(2) adhere to the grant program requirements and [the ] funding priorities [contained in the RFA]; and
(3) include [be submitted with] proper authorization and be submitted no later than [on or before] the date and time specified by the department in the solicitation [RFA].
§13.84.
The total funding available for the program depends on the amount of money transferred to the department from the Texas Board of Nursing to fund grants. Each solicitation will specify the maximum and minimum award amounts and the maximum number of awards [The maximum amount of funding available to the program is dependent on the extent funding is available through fees collected under Texas Occupations Code, §301.155(c) for each biennium. Maximum and minimum award levels and maximum number of awards will be specified in each RFA].
§13.85.
(a) The department will select applicants [ Applicants shall be selected] for funding on a competitive basis.
(b) The department will only consider applicants that meet all requirements of the solicitation [An application must meet the requirements of the RFA and be submitted with proper authorization on or before the day and time specified by the RFA to qualify for further consideration].
(c) A taskforce assigned by the Nursing Advisory Committee, defined by Texas Health and Safety Code[,] §104.0155, will review and score [evaluate the] proposals. The [Proposals will be scored by the taskforce and the] taskforce will provide [make] recommendations for grant awards to the department [for grant awards].
(d) Each application must [shall]:
(1) provide a detailed explanation of the applicant's workplace violence prevention program, including:
(A) a [timeline for] development and implementation timeline;
(B) a description of the population identified to participate in the program;
(C) a detailed budget; and
(D) a description of the program's [detailed information related to] administration and support [for the program];
(2) describe [document] how the workplace violence prevention program will reduce [achieve the goals of reducing] verbal and physical violence against nurses in the applicant's health care facility; and
(3) propose performance metrics to measure program outcomes [for measuring short-term and long-term outcomes of the program], including changes [a measure of the change] in the severity and frequency of verbal and physical violence against nurses.
(e) Each solicitation will define the priority criteria for selection. [Priority for selection will be given to applicants that demonstrate an innovative approach to reducing verbal and physical violence against nurses that includes the following:]
[(1) evidence supporting the conceptual foundation of the proposed program;]
[(2) evidence of institutional commitment to reduce workplace violence against nurses;]
[(3) evidence of institutional support of the proposal, such as staff time, access to institutional resources, and/or funds; and]
[(4) description of a plan for long-term sustainability of the proposed program.]
§13.86.
(a) [Cancellation or Suspension of Grant Solicitations. ] The department may [has the right to] cancel or suspend a grant solicitation at its discretion [ or RFA for any reason].
(b) Successful applicants must sign a Notice of Grant Award issued by the department before receiving funds [Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by department staff].
§13.87.
(a) Each grant recipient must submit [shall provide] reports to the department as required by the solicitation [RFA]. The reports must [include descriptions of the following]:
(1) describe activities funded through the grant;
(2) report changes [the change] in the severity and frequency of verbal and physical violence against nurses;
(3) evaluate program performance based on stated performance metrics; and
(4) detail budget expenditures.
(b) At least annually, the department's Nursing Resource Section will [of the Health Professions Resource Center of the department shall] publish a report describing the grants awarded under this subchapter, including the amount of the grants, the purpose of the grants, and the outcome reported by the grant recipient. The department will publish the report on its website.
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 July 3, 2025.
TRD-202502244
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: August 24, 2025
For further information, please call: (512) 517-6902