TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 704. PREVENTION AND EARLY INTERVENTION SERVICES

The Department of Family and Protective Services (DFPS) adopts the repeal of Title 40, Texas Administrative Code (TAC), Chapter 704, relating to Prevention and Early Interventions Services including §§704.1, 704.3, 704.201, 704.203, 704.205, 704.207, 704.209, 704.601, 704.603, 704.701, 704.703, 704.801, 704.803. The proposal was published in the January 30, 2026, issue of the Texas Register (51 TexReg 539). The repeals of the rules are adopted without changes to the proposed text and will not be republished.

BACKGROUND AND JUSTIFICATION

In 2023, Senate Bill 24 of the 88th Regular Legislative Session transferred the Prevention and Early Intervention (PEI) Services Division from DFPS to the Health and Human Services Commission (HHSC). Chapter 704 contains the rules previously adopted by DFPS to govern the former PEI Division. As DFPS no longer oversees this program, the rules in Chapter 704 are no longer necessary.

COMMENTS

The 30-day comment period ended March 1, 2026. During this period, DFPS did not receive any comments regarding the rules repealed.

SUBCHAPTER A. PURPOSE AND DEFINITIONS

STATUTORY AUTHORITY

The repeals are adopted under Texas Human Resources Code §40.027 which provides that DFPS 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. Additionally, Senate Bill 24 (88th Regular Legislative Session) transferred the statutory provisions governing PEI from the Family Code and Human Resources Code into a new Human Resources Code Chapter, Chapter 137, to be administered by HHSC.

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 March 3, 2026.

TRD-202601090

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: March 23, 2026

Proposal publication date: January 30, 2026

For further information, please call: (512) 945-5978

SUBCHAPTER C. PREVENTION AND INTERVENTION PRIMARY RESPONSIBILITIES

STATUTORY AUTHORITY

The repeals are adopted under Texas Human Resources Code §40.027 which provides that DFPS 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. Additionally, Senate Bill 24 (88th Regular Legislative Session) transferred the statutory provisions governing PEI from the Family Code and Human Resources Code into a new Human Resources Code Chapter, Chapter 137, to be administered by HHSC.

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 March 3, 2026.

TRD-202601091

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: March 23, 2026

Proposal publication date: January 30, 2026

For further information, please call: (512) 945-5978

SUBCHAPTER G. INFANT MORTALITY PREVENTION AND EDUCATION PROGRAM

STATUTORY AUTHORITY

The repeals are adopted under Texas Human Resources Code §40.027 which provides that DFPS 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. Additionally, Senate Bill 24 (88th Regular Legislative Session) transferred the statutory provisions governing PEI from the Family Code and Human Resources Code into a new Human Resources Code Chapter, Chapter 137, to be administered by HHSC.

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 March 3, 2026.

TRD-202601092

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: March 23, 2026

Proposal publication date: January 30, 2026

For further information, please call: (512) 945-5978

SUBCHAPTER H. COMMUNITY-BASED FAMILY SERVICES GRANT PROGRAM

STATUTORY AUTHORITY

The repeals are adopted under Texas Human Resources Code §40.027 which provides that DFPS 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. Additionally, Senate Bill 24 (88th Regular Legislative Session) transferred the statutory provisions governing PEI from the Family Code and Human Resources Code into a new Human Resources Code Chapter, Chapter 137, to be administered by HHSC.

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 March 3, 2026.

TRD-202601093

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: March 23, 2026

Proposal publication date: January 30, 2026

For further information, please call: (512) 945-5978

SUBCHAPTER I. CHILDREN'S TRUST FUND

STATUTORY AUTHORITY

The repeals are adopted under Texas Human Resources Code §40.027 which provides that DFPS 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. Additionally, Senate Bill 24 (88th Regular Legislative Session) transferred the statutory provisions governing PEI from the Family Code and Human Resources Code into a new Human Resources Code Chapter, Chapter 137, to be administered by HHSC.

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 March 3, 2026.

TRD-202601094

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: March 23, 2026

Proposal publication date: January 30, 2026

For further information, please call: (512) 945-5978