TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 370. HUMAN TRAFFICKING RESOURCE CENTER

The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §370.1, concerning Human Trafficking Prevention Training Requirements.

BACKGROUND AND PURPOSE

The proposal is necessary to comply with House Bill (HB) 742, HB 754, and HB 1778, 89th Legislature, Regular Session, 2025, which requires HHSC to include medical assistants, first responders, and tattoo or body piercing studio employees, to the list of professions required to take HHSC-approved human trafficking prevention training.

HB 742 and HB 754 amended Texas Health and Safety Code (HSC) Chapter 763 to require human trafficking prevention training for first responders and medical assistants, respectively. HB 1778 added HSC §146.0075 to require each employee of a tattoo studio or body piercing studio to complete human trafficking prevention training.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §370.1(a) includes minor grammatical revisions, subsection (b) consolidation, and plain language revisions.

The proposed amendment to §370.1(c) includes plain language revisions.

Proposed new §370.1(c) adds human trafficking prevention training requirements for medical assistants.

Proposed new §370.1(d) adds human trafficking prevention training requirements for first responders.

Proposed new §370.1(e) adds human trafficking prevention training requirements for tattoo and body piercing studio employees.

The proposed amendment to renumbered §370.1(f) clarifies that the training standards and the list of approved courses are posted on the HHSC Texas Human Trafficking Resource Center website.

FISCAL NOTE

Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule 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 rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of HHSC employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to HHSC;

(5) the proposed rule will create new regulations;

(6) the proposed rule will not expand, limit, or repeal existing regulations;

(7) the proposed rule will increase 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

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules concern individuals completing the human trafficking prevention training and therefore do not apply to small businesses, micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons and is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.

PUBLIC BENEFIT AND COSTS

Crystal Starkey, Deputy Executive Commissioner for Family Health Services, has determined that for each year of the first five years the rule is in effect, the public benefit will be improved public health and safety by identifying and preventing human trafficking in Texas.

Trey Wood has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because each new profession that is required to complete human trafficking training will have an option of at least one course that is available without charge.

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 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 26R023" in the subject line.

STATUTORY AUTHORITY

The amendment 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 Safey Code Chapters 146 and 763, which authorize the executive commissioner of HHSC to adopt rules governing the Human Trafficking Resource Center.

The amendment implements Texas Government Code §524.0151 and Texas Health and Safety Code Chapters 146 and 763.

§ 370.1. Human Trafficking Prevention Training Requirements.

(a) To be approved by the executive commissioner or designee, [For] a human trafficking prevention training course must: [to become approved by the Executive Commissioner, or designee, the course must meet the human trafficking training standards established by the Health and Human Services Commission.]

(1) [(b)] meet the [The] human trafficking prevention training standards established by the Texas Health and Human Services Commission (HHSC); and [course, at a minimum, must include:]

(2) include content on the following topics:

(A) [(1)] types of human trafficking, including definitions;

(B) [(2)] victim vulnerability factors and health impacts;

[(3)] [health impact;]

(C) [(4)] how to identify, assess, and respond to human trafficking; and [identification;]

[(5)] [assessment;]

[(6)] [response; and]

(D) [(7)] resources to support victims.

(b) [(c)] Health care practitioners who provide direct [patient] care to patients, except physicians and nurses, must complete an HHSC-approved [approved] human trafficking prevention training course as a condition for renewal of their license. [for each license renewal, within the full license term as defined by each licensing entity.]

(f) [(d)] A complete description of the human trafficking prevention training standards and the list of HHSC-approved human trafficking prevention training courses are posted on the HHSC Texas Human Trafficking Resource Center website. [training approval process is posted on the HHSC website.] At least one approved course will be available without charge.

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 June 15, 2026.

TRD-202602442

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: July 26, 2026

For further information, please call: (512) 438-3235