TITLE 16. ECONOMIC REGULATION

PART 2. PUBLIC UTILITY COMMISSION OF TEXAS

CHAPTER 22. PROCEDURAL RULES

SUBCHAPTER M. PROCEDURES AND FILING REQUIREMENTS IN PARTICULAR COMMISSION PROCEEDINGS

16 TAC §22.242

The Public Utility Commission of Texas (commission) proposes amendments to 16 TAC §22.242 relating to complaints. These proposed amendments will implement Texas Water Code Chapter §13.5051 as enacted by Senate Bill (SB) 790 during the Texas 89th Regular Legislative Session and Texas Water Code §13.153 as enacted by SB 1778 during the Texas 88th Regular Legislative Session. The amended rules will streamline the commissions complaints process for all utilities under the commission's jurisdiction. The amended rules will additionally allow, upon customer request, a retail public utility to initiate, transfer, or terminate a customer's retail water or sewer service.

Growth Impact Statement

The agency provides the following governmental growth impact statement for the proposed rule, as required by Texas Government Code §2001.0221. The agency has determined that for each year of the first five years that the proposed amendments are in effect, the following statements will apply:

(1) the proposed amendments will not create a government program and will not eliminate a government program;

(2) implementation of the proposed amendments will not require the creation of new employee positions and will not require the elimination of existing employee positions;

(3) implementation of the proposed amendments will not require an increase and will not require a decrease in future legislative appropriations to the agency;

(4) the proposed amendments will not require an increase and will not require a decrease in fees paid to the agency;

(5) the proposed amendments will not create a new regulation;

(6) the proposed amendments will not expand, limit, or repeal an existing regulation;

(7) the proposed amendments will not change the number of individuals subject to the rule's applicability; and

(8) the proposed amendments will not affect this state's economy.

Fiscal Impact on Small and Micro-Businesses and Rural Communities

There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed amendments. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Analysis

The commission has determined that the proposed amendments will not be a taking of private property as defined in chapter 2007 of the Texas Government Code.

Fiscal Impact on State and Local Government

Iliana De La Fuente, Attorney, Rules & Projects, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or for units of local government under Texas Government Code §2001.024(a)(4) as a result of enforcing or administering the sections.

Public Benefits

Ms. De La Fuente has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be a streamlined complaints process and simplified methods of initiating, transferring or terminating service as customers prefer. There will be no probable economic cost to persons required to comply with the rule under Texas Government Code §2001.024(a)(5).

Local Employment Impact Statement

For each year of the first five years the proposed section is in effect, there should be no effect on a local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Costs to Regulated Persons

Texas Government Code §2001.0045(b) does not apply to this rulemaking because the commission is expressly excluded under subsection §2001.0045(c)(7).

Public Hearing

The commission staff will conduct a public hearing on this rulemaking if requested in accordance with Texas Government Code §2001.029. The request for a public hearing must be received by June 19, 2026. If a request for public hearing is received, commission staff will file in this project a notice of hearing.

Public Comments

Interested persons may file comments electronically through the interchange on the commission's website. Comments must be filed by June 19, 2026. Comments should be organized in a manner consistent with the organization of the proposed amendments. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed amendments. The commission will consider the costs and benefits in deciding whether to modify the proposed amendments on adoption. All comments should refer to Project Number 59557.

Each set of comments should include a standalone executive summary as the last page of the filing. This executive summary must be clearly labeled with the submitting entity's name and should include a bulleted list covering each substantive recommendation made in the comments.

Statutory Authority

The amendments are proposed under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction. §14.002, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction. Texas Water Code §13.041(a), which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by the Texas Water Code that is necessary and convenient to the exercise of that power and jurisdiction; Texas Water Code §13.041(b), which provides the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction Texas Water Code §13.153, which provides a retail public utility to initiate, transfer, or terminate a customer's service upon receipt of a request from the customer, which can be made via various means such as mail, telephone, or electronic transmission.

§22.242. Complaints.

(a) Records of complaints. Any affected person may complain to the commission, either in writing or by telephone, setting forth any act or thing done or omitted to be done by any person under the jurisdiction of the commission in violation or claimed violation of any law which the commission has jurisdiction to administer or of any order, ordinance, rule, or regulation of the commission. The commission staff may request a complaint made by telephone be put in writing if necessary to complete investigation of the complaint. The commission will [shall] keep information about each complaint filed with the commission. The commission will [shall] retain the information in conformance with the agency's records retention schedule as approved by the Texas State Library and Archives Commission. The information must [shall] include:

(1) the date the complaint is received;

(2) the name of the complainant;

(3) the subject matter of the complaint;

(4) a record of all persons contacted in relation to the complaint;

(5) a summary of the results of the review or investigation of the complaint; and

(6) for complaints for which the commission took no action, an explanation of the reason the complaint was closed without action.

(b) Access to complaint records. The commission will [shall] keep a file about each [written] complaint filed with the commission that the commission has the authority to resolve. The commission will [shall] provide to the person filing the complaint and to the persons or entities complained about the commission's policies and procedures pertaining to complaint investigation and resolution. The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person or entity complained of about the status of the complaint unless the notice would jeopardize an undercover investigation.

(c) Informal resolution required in certain cases. An affected [A] person seeking to make a complaint against a utility through the commission must present a complaint to the consumer protection division [commission] for informal resolution [before presenting the complaint to the commission].

(1) Exceptions. A complainant may present a [formal] complaint to the enforcement division of the commission, without first presenting [referring] the complaint for informal resolution, if:

(A) the complainant is commission staff, the Office of Public Utility Counsel, or any city;

[(B) the complaint is filed by a qualifying facility and concerns rates paid by an electric utility for power provided by the qualifying facility, the terms and conditions for the purchase of such power, or any other matter that affects the relations between an electric utility and a qualifying facility;]

(B) [(C)] the complaint is filed by a person alleging that an electric utility or a telecommunications utility has engaged in anti-competitive practices;

(C) [(D)] the complaint has been the subject of a complaint proceeding conducted by a city;

(D) [(E)] the complaint is filed by a person alleging that a water or sewer utility has abandoned the service of the utility; or

(E) [(F)] the complaint is filed by a person alleging that a wholesale water or sewer provider has discontinued, reduced, or impaired its wholesale water or sewer service to its customers for reasons other than those specified in §24.88 of this title (relating to Discontinuance of Service).

(2) To present a complaint to the Enforcement division directly, a complainant that qualifies under the criteria listed in paragraph (1) must present their complaint in writing to the following: email (TBD) or mail their complaint to (Public Utility Commission of Texas, Enforcement Division, P.O. Box 13326, Austin, Texas 78711-3326).

[(2) For any complaint that is not listed in paragraph (1) of this subsection, the complainant may submit to the commission a written request for waiver of the requirement for attempted informal resolution. The complainant shall clearly state the reasons informal resolution is not appropriate. The commission staff may grant the request for good cause.]

(d) Termination of informal resolution. The commission staff will [shall] attempt to informally resolve all complaints within 35 days of the date of receipt of the complaint. The commission staff will [shall] notify, in writing, the complainant and the person against whom the complainant is seeking relief of the status of the dispute at the end of the 35-day period. If the Consumer Protection Division finds or suspects a violation at the conclusion of the investigation, or finds a complaint qualifies under section (c)(1) of this section, the informal complaint and record will be transferred to the Enforcement section of the commission for review. [If the dispute has not been resolved to the complainant's satisfaction within 35 days, the complainant may present the complaint to the commission. The commission staff shall notify the complainant of the procedures for formally presenting a complaint to the commission.]

[(e) Formal Complaint. If an attempt at informal resolution fails, or is not required under subsection (c) of this section, the complainant may present a formal complaint to the commission.]

[(1) Requirement to present complaint concerning electric, water, or sewer utility to a city. If a person receives electric, water, or sewer utility service or has applied to receive electric, water, or sewer utility service within the limits of a city that has original jurisdiction over the electric, water, or sewer utility providing service or requested to provide service, the person must present any complaint concerning the electric, water, or sewer utility to the city before presenting the complaint to the commission.]

[(A) The person may present the complaint to the commission after:]

[(i) the city issues a decision on the complaint; or]

[(ii) the city issues a statement that it will not consider the complaint or a class of complaints that includes the person's complaint.]

[(B) If the city does not act on the complaint within 30 days, the commission may send the city a letter requesting that the city act on the complaint. If the city does not respond or act within 30 days from the date of the letter, the complaint shall be deemed denied by the city and the commission shall consider the complaint.]

[(2) The commission staff may permit a complainant to cure any deficiencies under this subsection and may waive any of the requirements of this subsection for good cause, if the waiver will not materially affect the rights of any other party. A formal complaint shall include the following information:]

[(A) the name of the complainant or complainants;]

[(B) the name of the complainant's representative, if any;]

[(C) the address, telephone number, and facsimile transmission number, if available, and, unless the person has filed a statement under §22.106 of this title (relating to Statement of No Access), the email address of the complainant or the complainant's representative;]

[(D) the name of the person against whom the complainant is seeking relief;]

[(E) if the complainant is seeking relief against an electric, water, or sewer utility, a statement of whether the complaint relates to service that the complainant is receiving within the limits of a city;]

[(F) if the complainant is seeking relief against an electric, water, or sewer utility within the limits of a city, a description of any complaint proceedings conducted by the city, including the outcome of those proceedings;]

[G) a statement of whether the complainant has attempted informal resolution through the commission staff and the date on which the informal resolution was completed or the time for attempting the informal resolution elapsed;]

[(H) a description of the facts that gave rise to the complaint; and]

[(I) a statement of the relief that the complainant is seeking.]

[(f) Copies to be provided. A complainant shall file the required number of copies of the formal complaint as required by §22.71 of this title (relating to Filing of Pleadings, Documents, and Other Materials). A complainant shall provide a copy of the formal complaint to the person from whom relief is sought.]

[(g) Docketing of complaints. Any complaint that substantially complies with the requirements of this section shall be docketed.]

[(h) Continuation of service during processing of complaint. In any case in which a formal complaint has been filed and an allegation is made that a person is threatening to discontinue a customer's service, the presiding officer may, after notice and opportunity for hearing, issue an order requiring the person to continue to provide service during the processing of the complaint. The presiding officer may issue such an order for good cause, on such terms as may be reasonable to preserve the rights of the parties during the processing of the complaint.]

(e) [(i)] List of cities without regulatory authority. The commission will [shall] maintain and make available to the public a list of the municipalities that do not have exclusive original jurisdiction over all electric rates, operations, and services provided by an electric utility within its city or town limits and a list of the municipalities that have surrendered to the commission original jurisdiction over the rates charged by a utility for retail water or sewer service within the corporate boundaries of the municipality.

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 April 17, 2026.

TRD-202601660

Katelyn Lewis

Projects Coordinator

Public Utility Commission of Texas

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 936-7044


CHAPTER 24. SUBSTANTIVE RULES APPLICABLE TO WATER AND SEWER SERVICE PROVIDERS

SUBCHAPTER F. CUSTOMER SERVICE AND PROTECTION

16 TAC §24.153

The Public Utility Commission of Texas (commission) proposes amendments to §24.153, relating to Customer Relations. These proposed amendments will implement Texas Water Code Chapter §13.5051 as enacted by Senate Bill (SB) 790 during the Texas 89th Regular Legislative Session and Texas Water Code §13.153 as enacted by SB 1778 during the Texas 88th Regular Legislative Session. The amended rule will streamline the commissions complaints process for all utilities under the commission's jurisdiction. The amended rule will additionally allow, upon customer request, a retail public utility to initiate, transfer, or terminate a customer's retail water or sewer service.

Growth Impact Statement

The agency provides the following governmental growth impact statement for the proposed amendments, as required by Texas Government Code §2001.0221. The agency has determined that for each year of the first five years that the proposed amendments are in effect, the following statements will apply:

(1) the proposed amendments will not create a government program and will not eliminate a government program;

(2) implementation of the proposed amendments will not require the creation of new employee positions and will not require the elimination of existing employee positions;

(3) implementation of the proposed amendments will not require an increase and will not require a decrease in future legislative appropriations to the agency;

(4) the proposed amendments will not require an increase and will not require a decrease in fees paid to the agency;

(5) the proposed amendments will not create a new regulation;

(6) the proposed amendments will not expand, limit, or repeal an existing regulation;

(7) the proposed amendments will not change the number of individuals subject to the rule's applicability; and

(8) the proposed amendments will not affect this state's economy.

Fiscal Impact on Small and Micro-Businesses and Rural Communities

There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed amendments. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Analysis

The commission has determined that the proposed amendments will not be a taking of private property as defined in chapter 2007 of the Texas Government Code.

Fiscal Impact on State and Local Government

Iliana De La Fuente, Attorney, Rules & Projects, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or for units of local government under Texas Government Code §2001.024(a)(4) as a result of enforcing or administering the sections.

Public Benefits

Ms. De La Fuente has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the section will be a streamlined complaints process and simplified methods of initiating, transferring or terminating service as customers prefer. There will be no probable economic cost to persons required to comply with the rule under Texas Government Code §2001.024(a)(5).

Local Employment Impact Statement

For each year of the first five years the proposed amendments are in effect, there should be no effect on a local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Costs to Regulated Persons

Texas Government Code §2001.0045(b) does not apply to this rulemaking because the commission is expressly excluded under subsection §2001.0045(c)(7).

Public Hearing

The commission staff will conduct a public hearing on this rulemaking if requested in accordance with Texas Government Code §2001.029. The request for a public hearing must be received by June 19, 2026. If a request for public hearing is received, commission staff will file in this project a notice of hearing.

Public Comments

Interested persons may file comments electronically through the interchange on the commission's website. Comments must be filed by June 19, 2026. Comments should be organized in a manner consistent with the organization of the proposed rules. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed amendments. The commission will consider the costs and benefits in deciding whether to modify the proposed amendments on adoption. All comments should refer to Project Number 59557.

Each set of comments should include a standalone executive summary as the last page of the filing. This executive summary must be clearly labeled with the submitting entity's name and should include a bulleted list covering each substantive recommendation made in the comments.

Statutory Authority

The amendments are proposed under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction. §14.002, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction. Texas Water Code §13.041(a), which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by the Texas Water Code that is necessary and convenient to the exercise of that power and jurisdiction; Texas Water Code §13.041(b), which provides the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction Texas Water Code §13.153, which provides a retail public utility to initiate, transfer, or terminate a customer's service upon receipt of a request from the customer, which can be made via various means such as mail, telephone, or electronic transmission.

§24.153. Customer Relations.

(a) Information to customers.

(1) Upon receipt of a request for service or service transfer, the utility must [shall] fully inform the service applicant or customer of the cost of initiating or transferring service. The utility must [shall ]clearly inform the service applicant which service initiation costs will be borne by the utility and which costs are to be paid by the service applicant. The utility must [shall] inform the service applicant if any cost information is estimated. Also see §24.161 of this title (relating to Response to Requests for Service by a Retail Public Utility Within Its Certificated Area).

(2) The utility must [shall] notify each service applicant or customer who is required to have a customer service inspection performed. This notification must be in writing and include the applicant's or customer's right to get a second customer service inspection performed by a qualified inspector at their expense and their right to use the least expensive backflow prevention assembly acceptable under 30 TAC §290.44(h) (relating to Water Distribution) if such is required. The utility must [shall] ensure that the customer or service applicant receives a copy of the completed and signed customer service inspection form and information related to thermal expansion problems that may be created if a backflow prevention assembly or device is installed.

(3) Upon request, the utility must [shall] provide the customer or service applicant with a free copy of the applicable rate schedule from its approved tariff. A complete copy of the utility's approved tariff must be available at its local office for review by a customer or service applicant upon request.

(4) Each utility must [shall] maintain a current set of maps showing the physical locations of its facilities. All facilities (production, transmission, distribution or collection lines, treatment plants, etc.) must be labeled to indicate the size, design capacity, and any pertinent information that will accurately describe the utility's facilities. These maps, and such other maps as may be required by the commission, must [shall] be kept by the utility in a central location and must be available for commission inspection during normal working hours.

(5) Each utility must [shall] maintain a current copy of the commission's substantive rules of this chapter at each office location and make them available for customer inspection during normal working hours.

(6) Each water utility must [shall] maintain a current copy of 30 TAC Chapter 290, Subchapter D (relating to Rules and Regulations for Public Water Systems), at each office location and make them available for customer inspection during normal working hours.

(b) Customer complaints. Customer complaints are also addressed in §24.155 of this title (relating to Resolution of Disputes).

(1) Upon receipt of a complaint from a customer or service applicant, either in person, by letter or by telephone, the utility must [shall] promptly conduct an investigation and report its finding(s) to the complainant.

(2) In the event the complainant is dissatisfied with the utility's report, the utility must [shall] advise the complainant of recourse through the Public Utility Commission of Texas complaint process. The commission encourages all complaints to be made in writing to assist the commission in maintaining records on the quality of service of each utility.

(3) Each utility must [shall] make an initial response to the commission within 15 days of receipt of a complaint from the commission on behalf of a customer or service applicant. The commission may require a utility to provide a written response to the complainant, to the commission, or both. Pending resolution of a complaint, the commission may require continuation or restoration of service.

(4) The utility must [shall] keep a record of all complaints for a period of two years following the final settlement of each complaint. The record of complaint must include the name and address of the complainant, the date the complaint was received by the utility, a description of the nature of the complaint, and the adjustment or disposition of the complaint.

(c) Telephone number. For each of the systems it operates, the utility must [shall] maintain and note on the customer's monthly bill either a local or toll free telephone number (or numbers) to which a customer can direct questions about their utility service.

(d) Local office.

(1) Unless otherwise authorized by the commission in response to a written request, each utility must [shall] have an office in the county or immediate area (within 20 miles) of a portion of its utility service area in which it keeps all books, records, tariffs, and memoranda required by the commission.

(2) Unless otherwise authorized by the commission in response to a written request, each utility must [shall] make available and notify customers of a business location where applications for service can be submitted and payments can be made to prevent disconnection of service or to restore service after disconnection for nonpayment, nonuse, or other reasons specified in §24.167 of this title (relating to Discontinuance of Service). The business location must be located:

(A) in each county where utility service is provided; or

(B) not more than 20 miles from any residential customer if there is no location to receive payments in that county.

(3) Upon request by the utility, the requirement for a local office may be waived by the commission if the utility can demonstrate that these requirements would cause a rate increase or otherwise harm or inconvenience customers. Unless otherwise authorized by the commission in response to a written request, such utility must [shall] make available and notify customers of a location within 20 miles of each of its utility service facilities where applications for service can be submitted and payments can be made to prevent disconnection of service or restore service after disconnection for nonpayment, nonuse, or other reasons specified in §24.167 of this title.

(e) A retail public utility may initiate, transfer, or terminate a customer's retail water or sewer service on receipt of a customer's request by mail, by telephone, through an Internet website, or through another electronic transmission.

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 April 17, 2026.

TRD-202601661

Katelyn Lewis

Projects Coordinator

Public Utility Commission of Texas

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 936-7044


CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS

SUBCHAPTER R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE PROVIDERS

16 TAC §25.485

The Public Utility Commission of Texas (commission) proposes amendments to §25.485, relating to Customer Access and Complaint Handling. The Public Utility Commission is proposing amendments to additional sections, and those proposals will appear in the "Proposed Rules" section of this issue of the Texas Register. These proposed rules will implement Texas Water Code Chapter §13.5051 as enacted by Senate Bill (SB) 790 during the Texas 89th Regular Legislative Session and Texas Water Code §13.153 as enacted by SB 1778 during the Texas 88th Regular Legislative Session. The amended rules will streamline the commissions complaints process for all utilities under the commission's jurisdiction. The amended rules will additionally allow, upon customer request, a retail public utility to initiate, transfer, or terminate a customer's retail water or sewer service.

Growth Impact Statement

The agency provides the following governmental growth impact statement for the proposed rule, as required by Texas Government Code §2001.0221. The agency has determined that for each year of the first five years that the proposed rule is in effect, the following statements will apply:

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

(2) implementation of the proposed rule will not require the creation of new employee positions and will not require the elimination of existing employee positions;

(3) implementation of the proposed rule will not require an increase and will not require a decrease in future legislative appropriations to the agency;

(4) the proposed rule will not require an increase and will not require a decrease in fees paid to the agency;

(5) the proposed rule will not create a new regulation;

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

(7) the proposed rule will not change the number of individuals subject to the rule's applicability; and

(8) the proposed rule will not affect this state's economy.

Fiscal Impact on Small and Micro-Businesses and Rural Communities

There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed rule. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Analysis

The commission has determined that the proposed rule will not be a taking of private property as defined in chapter 2007 of the Texas Government Code.

Fiscal Impact on State and Local Government

Iliana De La Fuente, Attorney, Rules & Projects, has determined that for the first five-year period the proposed rule is in effect, there will be no fiscal implications for the state or for units of local government under Texas Government Code §2001.024(a)(4) as a result of enforcing or administering the sections.

Public Benefits

Ms. De La Fuente has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be a streamlined complaints process and simplified methods of initiating, transferring or terminating service as customers prefer. There will be no probable economic cost to persons required to comply with the rule under Texas Government Code §2001.024(a)(5).

Local Employment Impact Statement

For each year of the first five years the proposed section is in effect, there should be no effect on a local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Costs to Regulated Persons

Texas Government Code §2001.0045(b) does not apply to this rulemaking because the commission is expressly excluded under subsection §2001.0045(c)(7).

Public Hearing

The commission staff will conduct a public hearing on this rulemaking if requested in accordance with Texas Government Code §2001.029. The request for a public hearing must be received by June 19, 2026. If a request for public hearing is received, commission staff will file in this project a notice of hearing.

Public Comments

Interested persons may file comments electronically through the interchange on the commission's website. Comments must be filed by June 19, 2026. Comments should be organized in a manner consistent with the organization of the proposed rules. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed rule. The commission will consider the costs and benefits in deciding whether to modify the proposed rules on adoption. All comments should refer to Project Number 59557.

Each set of comments should include a standalone executive summary as the last page of the filing. This executive summary must be clearly labeled with the submitting entity's name and should include a bulleted list covering each substantive recommendation made in the comments.

Statutory Authority

The amendment is proposed under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction. §14.002, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction. Texas Water Code §13.041(a), which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by the Texas Water Code that is necessary and convenient to the exercise of that power and jurisdiction; Texas Water Code §13.041(b), which provides the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction Texas Water Code §13.153, which provides a retail public utility to initiate, transfer, or terminate a customer's service upon receipt of a request from the customer, which can be made via various means such as mail, telephone, or electronic transmission.

Cross Reference to Statute: Public Utility Regulatory Act §14.001 and §14.002 and §14.052 and Texas Water Code §13.041(a); §13.041(b); and §13.153

§25.485. Customer Access and Complaint Handling.

(a) Applicability. This section contains a customer's entitlement to reasonable access to a retail electric provider's (REP) or aggregator's representatives and identifies a customer's ability make a complaint against a REP or aggregator. REPs and aggregators are subject to processes of this section to ensure that retail electric customers have the opportunity for impartial and prompt resolution of disputes with REPs or aggregators.

(b) Customer access.

(1) A retail electric provider (REP) or aggregator must ensure that customers have reasonable access to its service representatives to make inquiries and complaints, discuss charges on customer's bills, terminate competitive service, and transact any other pertinent business.

(2) Telephone access must be toll-free and must afford customers a prompt answer during normal business hours.

(3) A REP must provide a 24-hour automated telephone message instructing the caller how to report any service interruptions or electrical emergencies.

(4) A REP or aggregator must employ 24-hour capability for accepting a customer's rescission of the terms of service by telephone, under rights of cancellation in §25.474(j) of this title (relating to Selection of Retail Electric Provider).

(c) Complaint handling. A residential or small commercial customer has the right to make a [formal or informal] complaint to the commission, and a terms of service agreement cannot impair this right. A REP or aggregator must not require a residential or small commercial customer as part of the terms of service to engage in alternative dispute resolution, including requiring complaints to be submitted to arbitration or mediation by third parties. A customer other than a residential or small commercial customer may agree as part of the terms of service to engage in alternative dispute resolution, including requiring complaints to be submitted to arbitration or mediation by third parties. However, nothing in this subsection is intended to prevent a customer other than a residential or small commercial customer from filing [an informal or formal] complaint with the commission if dissatisfied with the results of the alternative dispute resolution.

(d) Complaints to REPs or aggregators. A customer or applicant for service may submit a complaint in person, or by letter, facsimile transmission, e-mail, or by telephone to a REP or aggregator. The REP or aggregator must promptly investigate and advise the complainant of the results within 21 days. A customer who is dissatisfied with the REP's or aggregator's review must be informed of the right to file a complaint with the REP's or aggregator's supervisory review process, if available, and, if not available, with the commission and the Office of Attorney General, Consumer Protection Division. Any supervisory review conducted by the REP or aggregator must result in a decision communicated to the complainant within ten business days of the request. If the REP or aggregator does not respond to the customer's complaint in writing, the REP or aggregator must orally inform the customer of the ability to obtain the REP's or aggregator's response in writing upon request.

(e) Complaints to the commission.

[(1)] [Informal complaints.] If a complainant is dissatisfied with the results of a REP's or aggregator's complaint investigation or supervisory review, the REP or aggregator must advise the complainant of the commission's [informal] complaint resolution process and the following contact information for the commission: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326; (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, e-mail address: customer@puc.texas.gov, Internet website address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.

(1) [(A)] Requirements applicable to [informal] complaints.

(A) [(i)] A complaint must include sufficient information to identify the complainant and the company for which the complaint is made and describe the issue specifically. The following information must be included in the complaint:

(i) [(I)] The account holder's name, billing and service addresses, and telephone number;

(ii) [(II)] The name of the REP or aggregator;

(iii) [(III)] The customer account number or electric service identifier (ESI-ID);

(iv) [(IV)] An explanation of the facts relevant to the complaint;

(v) [(V)] The complainant's requested resolution; and

(vi) [(VI)] Any documentation that supports the complaint, including copies of bills or terms of service documents.

(B) [(ii)] All REPs and aggregators must provide the commission an email address to receive notification of customer complaints from the commission.

(C) [(iii)] The REP or aggregator must investigate all [informal] complaints and advise the commission in writing of the results of the investigation within 15 days after the complaint is forwarded to the REP or aggregator. [For complaints filed with the commission before September 1, 2023, the deadline is 21 days after the complaint is forwarded.]

(D) [(iv)] The commission must review the complaint information and the REP or aggregator's response and notify the complainant of the results of the commission's investigation.

(2) [(B)] Prohibited activities during pendency of [informal] complaint. While an informal complaint process is pending:

(A) [(i)] The REP or aggregator must not initiate collection activities, including disconnection of service or report the customer's delinquency to a credit reporting agency with respect to the disputed portion of the bill.

(B) [(ii)] A customer must pay any undisputed portion of the bill and the REP may pursue disconnection of service for nonpayment of the undisputed portion after appropriate notice.

(3) [(C) ]Complaint [Informal complaint] record retention. The REP or aggregator must keep a record for two years after closure by the commission of all informal complaints forwarded to it by the commission. This record must show the name and address of the complainant, the date, nature and adjustment or disposition of the complaint. Protests regarding commission-approved rates or rates and charges that are not regulated by the commission, but which are disclosed to the customer in the terms of service disclosures, need not be recorded.

[(2) Formal complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the commission within two years of the date on which the commission closes the informal complaint. This process may include the formal docketing of the complaint as provided in §22.242 of this title (related to Complaints).]

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 April 17, 2026.

TRD-202601663

Katelyn Lewis

Projects Coordinator

Public Utility Commission of Texas

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 936-7044


CHAPTER 26. SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS

SUBCHAPTER B. CUSTOMER SERVICE AND PROTECTION

16 TAC §26.30

The Public Utility Commission of Texas (commission) proposes the amendments to §26.30 relating to Complaints. This proposed rule will implement Texas Water Code Chapter §13.5051 as enacted by Senate Bill (SB) 790 during the Texas 89th Regular Legislative Session and Texas Water Code §13.153 as enacted by SB 1778 during the Texas 88th Regular Legislative Session. The amended rule will streamline the commissions complaints process for all utilities under the commission's jurisdiction. The amended rule will additionally allow, upon customer request, a retail public utility to initiate, transfer, or terminate a customer's retail water or sewer service.

Growth Impact Statement

The agency provides the following governmental growth impact statement for the proposed rule, as required by Texas Government Code §2001.0221. The agency has determined that for each year of the first five years that the proposed rule is in effect, the following statements will apply:

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

(2) implementation of the proposed rule will not require the creation of new employee positions and will not require the elimination of existing employee positions;

(3) implementation of the proposed rule will not require an increase and will not require a decrease in future legislative appropriations to the agency;

(4) the proposed rule will not require an increase and will not require a decrease in fees paid to the agency;

(5) the proposed rule will not create a new regulation;

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

(7) the proposed rule will not change the number of individuals subject to the rule's applicability; and

(8) the proposed rule will not affect this state's economy.

Fiscal Impact on Small and Micro-Businesses and Rural Communities

There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed rule. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Analysis

The commission has determined that the proposed rule will not be a taking of private property as defined in chapter 2007 of the Texas Government Code.

Fiscal Impact on State and Local Government

Iliana De La Fuente, Attorney, Rules & Projects, has determined that for the first five-year period the proposed rule is in effect, there will be no fiscal implications for the state or for units of local government under Texas Government Code §2001.024(a)(4) as a result of enforcing or administering the sections.

Public Benefits

Ms. De La Fuente has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be a streamlined complaints process and simplified methods of initiating, transferring or terminating service as customers prefer. There will be no probable economic cost to persons required to comply with the rule under Texas Government Code §2001.024(a)(5).

Local Employment Impact Statement

For each year of the first five years the proposed section is in effect, there should be no effect on a local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Costs to Regulated Persons

Texas Government Code §2001.0045(b) does not apply to this rulemaking because the commission is expressly excluded under subsection §2001.0045(c)(7).

Public Hearing

The commission staff will conduct a public hearing on this rulemaking if requested in accordance with Texas Government Code §2001.029. The request for a public hearing must be received by June 19, 2026. If a request for public hearing is received, commission staff will file in this project a notice of hearing.

Public Comments

Interested persons may file comments electronically through the interchange on the commission's website. Comments must be filed by June 19, 2026. Comments should be organized in a manner consistent with the organization of the proposed rules. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the proposed rule. The commission will consider the costs and benefits in deciding whether to modify the proposed rules on adoption. All comments should refer to Project Number 59557.

Each set of comments should include a standalone executive summary as the last page of the filing. This executive summary must be clearly labeled with the submitting entity's name and should include a bulleted list covering each substantive recommendation made in the comments.

Statutory Authority

The amendment is proposed under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction. §14.002, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction. Texas Water Code §13.041(a), which provides the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by the Texas Water Code that is necessary and convenient to the exercise of that power and jurisdiction; Texas Water Code §13.041(b), which provides the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction Texas Water Code §13.153, which provides a retail public utility to initiate, transfer, or terminate a customer's service upon receipt of a request from the customer, which can be made via various means such as mail, telephone, or electronic transmission.

§26.30. Complaints.

(a) Complaints to a certificated telecommunications utility (CTU). A customer or applicant for a service may submit a complaint to a CTU either in person, by letter, telephone, or by any other means determined by the CTU. For purposes of this section, a complainant is a customer or applicant for a service that has submitted a complaint to a CTU or to the commission.

(1) Initial investigation. The CTU must investigate the complaint and advise the complainant of the results of the investigation within 21 days of receipt of the complaint. A CTU must inform customers of the right to receive these results in writing.

(2) Supervisory review by the CTU. If a complainant is not satisfied with the initial response to the complaint, the complainant may request a supervisory review by the CTU.

(A) A CTU supervisor must conduct the supervisory review and inform the complainant of the results of the review within ten days of receipt of the complainant's request for a review. A CTU must inform customers of the right to receive these results in writing.

(B) A complainant who is dissatisfied with a CTU's supervisory review must be informed of:

(i) the right to file a complaint with the commission;

(ii) the commission's [informal] complaint resolution process;

(iii) the following contact information for the commission:

(I) Mailing Address: PUCT, Consumer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326;

(II) Phone Number: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477;

(III) FAX: (512) 936-7003;

(IV) E-mail address: consumer@puc.texas.gov;

(V) Internet address: http.//www.puc.texas.gov;

(VI) Relay Texas (toll-free): 1-800-735-2989.

(b) Complaints to the commission. The commission may only review a complaint of a retail or wholesale customer against a deregulated company or exempt carrier that is within the scope of the commission's authority provided in Public Utility Regulatory Act (PURA) §65.102.

[(1) Informal complaints.]

(1) [(A)] The complaint to the commission should include:

(A) [(i)] The complainant's name, address, and telephone number.

(B) [(ii)] The name of the CTU or subsidiary company against which the complaint is being made.

(C) [(iii)] The customer's account or phone number.

(D) [(iv)] An explanation of the facts relevant to the complaint.

(E) [(v)] Any other information or documentation which supports the complaint.

(2) [(B)] Upon receipt of a complaint from the commission, a CTU must investigate and advise the commission in writing of the results of its investigation within 15 days of the date the complaint was forwarded by the commission.

[(2) Formal complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the commission. This process may include the formal docketing of the complaint as provided by §22.242 of this title (relating to Complaints).]

(3) [(C)] The commission will:

(A) [(i)] review the CTU's investigative results;

(B) [(ii)] determine a resolution for the complaint; and

(C) [(iii)] notify the complainant and the CTU in writing of the resolution.

(4) [(D)] While any complaint process is ongoing at the commission:

(A) [(i)] basic local telecommunications service must not be suspended or disconnected for the nonpayment of disputed charges; and

(B) [(ii)] a customer is obligated to pay any undisputed portion of the bill.

(5) [(E)] The CTU must keep a record of any complaint forwarded to it by the commission for two years after the determination of that complaint.

(A) [(i)] This record must show the name and address of the complainant, and the date, nature, and adjustment or disposition of the complaint.

(B) [(ii)] A CTU is not required to keep records of protests regarding commission-approved rates or charges that require no further action by the CTU.

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 April 17, 2026.

TRD-202601667

Katelyn Lewis

Projects Coordinator

Public Utility Commission of Texas

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 936-7044


PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 130. PODIATRIC PROGRAM

The Texas Department of Licensing and Regulation (Department) proposes the repeal of the existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.28 and at Subchapter D, §130.43, and amendments to the existing rules at Subchapter C, §§130.30 - 130.33, and Subchapter F, §130.60, regarding the Podiatric Medicine Program. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 130, implement Texas Occupations Code, Chapter 202, Podiatrists.

The proposed rules are necessary to implement changes resulting from Senate Bill (SB) 968, 89th Legislature, Regular Session (2025), which went into effect on September 1, 2025. This bill amended Occupations Code §202.259 to replace references to "temporary residency licenses" with "residency licenses" to more accurately describe current licensing practices. The proposed rules make corresponding changes to the terminology used in the program rules.

Additionally, SB 968 repealed Occupations Code §202.260, which provided for provisional licenses. The provision was obsolete because provisional licenses were no longer being issued in the podiatry program.

SB 968 also repealed Occupations Code §202.061, which required members of the Podiatric Medical Examiners Advisory Board to meet certain training requirements unique to the podiatry program. The repeal makes advisory board training requirements more uniform across the Department programs. As a result, members of this advisory board must receive only the same training that members of other boards are required to receive.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Podiatric Medical Examiners Advisory Board at its meeting on April 6, 2026. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rules repeal §130.28, Training. The section is repealed due to having become obsolete due to the repeal of Occupations Code §202.061.

The proposed rules amend §130.30 by changing the title from "Temporary Residency License--General Requirements and Application" to "Residency License--General Requirements and Application." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsection (a), (c), (d), (e), and (f).

The proposed rules amend §130.31 by changing the title from "Temporary Residency License--License Term; Residency Requirements; Program Responsibilities" to "Residency License--License Term; Residency Requirements; Program Responsibilities." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsection (a), (b), and (c), and in paragraph (b)(1), paragraph (b)(2), (d)(1) and (d)(2).

The proposed rules amend §130.32 by changing the title from "Temporary Residency License--Final Year of Residency" to "Residency License--Final Year of Residency." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsections (a) and (b) and in paragraph (b)(3).

The proposed rules amend §130.33 by changing the title from "Temporary Residence License--Extensions" to "Residency License--Extensions." The phrase "temporary residency license" is changed to "residency license" in the rule text of subsections (a), (b), (c), and (d).

The proposed rules repeal §130.43, Doctor of Podiatric Medicine License--Provisional License. The section is repealed due to having become obsolete due to the repeal of Occupations Code §202.260.

The proposed rules amend §130.60, Fees. In paragraph (b)(1), the word "temporary" is removed from the phrase "Temporary Residency License." In paragraph (b)(2), the word "Residency" is inserted, and "Extended Temporary" is removed. Paragraph (b)(3), concerning the fee for provisional licenses, is removed, and the paragraphs that follow are renumbered.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be making it easier for podiatric program licensees, applicants, and the general public to understand and comply with the updated rules as required by the passage of SB 968, 89th Legislature, Regular Session (2025). The proposed rules change the name of the "temporary residency license" by removing the word "temporary" so that it is now "residency license." This benefits Department staff and student licensee applicants who were confused by the term "temporary," which resulted in telephone calls to the agency and required Department staff time to clear up the confusion. The second change in the proposed rules removes the provisional license. This license type has not been issued since the podiatry program came to the Department in 2017. A passing jurisprudence exam score is required for the podiatrist license, and applicants are now able to schedule and take a virtual exam from the Department's exam vendor throughout the state at their convenience, making the provisional license obsolete. Finally, the proposed rules remove language relating to advisory board training requirements specific to the podiatry program. This removal reduces confusion and benefits consumers and the Department by having similar processes in place across all of the programs for ease of operations.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules require an increase or decrease in fees paid to the agency. The proposed rules require a decrease in fees paid to the agency because the proposed rules repeal the provisional license and its accompanying fee. However, this will not have an impact on fees paid to the agency as no one has obtained this license type during the preceding five (5) years.

5. The proposed rules do not create a new regulation.

6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules repeal existing regulations. Specifically, the proposed rules repeal the training requirement for Podiatric Medical Examiners Advisory Board members. Additionally, the proposed rules repeal the provisional license.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by the proposed rules, and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.

Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/POD_Rule_Making; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

SUBCHAPTER B. ADVISORY BOARD

16 TAC §130.28

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the proposed repeals.

The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

§130.28. Training.

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 April 20, 2026.

TRD-202601690

Deanne Rienstra

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 463-7750


SUBCHAPTER C. [ TEMPORARY ] RESIDENCY AND OTHER LICENSE TYPES

16 TAC §§130.30 - 130.33

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the proposed rules.

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

§130.30. [Temporary] Residency License--General Requirements and Application.

(a) A person who is enrolled in an accredited graduate podiatric medical education (GPME) program in Texas must hold a [temporary] residency license.

(b) The GPME program must be accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association.

(c) An applicant granted a [temporary] residency license for the purpose of pursuing a GPME program in the State of Texas must not engage in the practice of podiatric medicine, whether for compensation or free of charge, outside the scope and limits of the GPME program in which the applicant is enrolled.

(d) A [temporary] residency license granted by the department for the purpose of pursuing a GPME program in the State of Texas is valid until the licensee leaves or is terminated from said GPME program.

(e) All [temporary] residency licensees shall be subject to the same fees and penalties as all other licensees as set forth in the Act and this chapter, except that [temporary] residency licensees are not subject to continuing medical education requirements.

(f) To be eligible for a [temporary] residency license an applicant must:

(1) be at least 21 years of age;

(2) pass at least 90 semester hours of undergraduate college courses acceptable at the time of completion for credit toward a bachelor's degree at an institution of higher education determined by the department to have acceptable standards;

(3) graduate from a reputable college of podiatry approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, and the college must have been so approved during the entire period of the applicant's course of instruction;

(4) pass all required sections of the American Podiatric Medical Licensing Examination;

(5) pay all applicable fees;

(6) submit a completed application in a form and manner prescribed by the department;

(7) submit all transcripts of relevant college coursework, acceptable to the department;

(8) pass a criminal history background check performed by the department;

(9) provide proof of successful completion of a course in cardiopulmonary resuscitation (CPR);

(10) complete the "Memorandum of Understanding for Approved Residency Program";

(11) complete the "Certificate of Acceptance for Postgraduate Training Program"; and

(12) pass a National Practitioner Data Bank query check performed by the department.

(g) The department approves and adopts by reference the Standards and Requirements for Approval of Residencies in Podiatric Medicine and Surgery and Procedures for Approval of Residencies in Podiatric Medicine and Surgery adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association.

(h) The department approves and adopts by reference the Standards and Requirements for Accrediting Colleges of Podiatric Medicine and Procedures for Accrediting Colleges of Podiatric Medicine adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association.

(i) The applicant must submit evidence sufficient for the department to determine that the applicant has met all the requirements and any other information reasonably required by the department. Any application, diploma or certification, or other document required to be submitted to the department that is not in the English language must be accompanied by a certified translation into English.

§130.31. [Temporary] Residency License--License Term; Residency Requirements; Program Responsibilities.

(a) License term. A [temporary] residency license is valid for one year. The license holder must renew by submitting a completed renewal application in a form and manner prescribed by the department and paying the required fee under §130.60. The annual renewal application notification will be deemed to be written notice of the impending license expiration forwarded to the person at the person's last known address. A [temporary] residency license to practice podiatric medicine expires on June 30 of each year.

(b) Residency [Temporary residency] license responsibilities. A [temporary] residency license holder is not considered to be a fully licensed podiatrist who independently practices podiatric medicine without supervision. A [temporary] residency license holder is a person in training and is limited by the Graduate Podiatric Medical Education (GPME) program for residency based supervised patient encounters, supervision of which is designed to protect patients and the citizens of Texas.

(1) A person enrolled in a GPME program must hold a [temporary] residency license at all times and is not considered to be qualified for a Doctor of Podiatric Medicine license until all residency program requirements have been completed and fulfilled as certified by the GPME program residency director, and all other requirements for licensure have been attained.

(2) Residents enrolled in an accredited GPME residency program who hold a [temporary] residency license (i.e. denoted with the letter "T" followed by numerals) may register with the U.S. Drug Enforcement Administration (DEA) to prescribe controlled substances subject to the supervision of the program and residency director. Under no circumstances are residents allowed to prescribe controlled substances for purposes outside of the approved residency program.

(c) Residency Requirements. All residency programs requesting [temporary] residency licenses for their enrollees must meet all American Podiatric Medical Association/Council on Podiatric Medical Education (APMA/CPME) requirements for accreditation.

(d) Residency director requirements. Within 30 days after the start date of the program each year, the residency director must report to the department a list of all residents enrolled in the program. The residency director will be held responsible for the entire program, including, but not limited to:

(1) ensuring that the [temporary] residency licensee is practicing within the scope of the residency program requirements;

(2) ensuring that the [temporary] residency licensee has read and understood the Act and rules governing the practice of podiatric medicine; and

(3) ensuring that all residency program attendees are properly licensed with the department prior to participation in the program.

§130.32. [Temporary] Residency License--Final Year of Residency.

(a) A holder of a [temporary] residency license who has entered the final year of an accredited GPME program, is in good standing with the GPME program, and is on course to complete the course in a timely manner, is permitted to apply for the Doctor of Podiatric Medicine license in the spring, if the resident has entered and signed the "Memorandum of Understanding for Conditional Issuance of Texas Doctor of Podiatric Medicine License" (MOU).

(b) A holder of a [temporary] residency license who passes the jurisprudence examination, is in compliance with the resident's MOU(s), and meets all other requirements of the law regarding licensure may be issued a Doctor of Podiatric Medicine license prior to completion of the last year of the residency. The Doctor of Podiatric Medicine license issued under this subsection will be subject to the resident's MOU and to the following conditions and restrictions:

(1) the resident must pass and graduate from the resident's accredited GPME program by the date noted in the resident's MOU;

(2) the resident must submit proof of passage and graduation to the department within 30 days after the end date of the residency as noted on the MOU. Failure to timely provide the required proof to the department subjects the Doctor of Podiatric Medicine license to automatic revocation;

(3) the resident must practice podiatry only under the [temporary] residency license, and subject to the scope and limits of the GPME program, and must not practice podiatry under the Doctor of Podiatric Medicine license until after passage and graduation from the GPME program and after providing to the department proof of such completion and graduation; and

(4) the resident must comply with any other provisions in statute and rule applicable to a license to practice podiatry.

§130.33. [Temporary] Residency License--Extensions.

(a) The executive director may grant the holder of a current [temporary] residency license an extension for good cause. Good cause may include but is not limited to:

(1) illness of the holder or a family member for whom the holder is directly or indirectly responsible;

(2) a verifiable family emergency; or

(3) an additional residency training issue.

(b) A [temporary] residency license extension is valid for up to an additional three months and subject to the same responsibilities, restrictions, and conditions found in §130.30.

(c) The fee for an extended [temporary] residency license is established in §130.60.

(d) A [temporary] residency license extension may be granted a maximum of two times.

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 April 20, 2026.

TRD-202601692

Deanne Rienstra

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 463-7750


SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE

16 TAC §130.43

STATUTORY AUTHORITY

The proposed repeals are proposed under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed repeals are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the proposed repeals.

The legislation that enacted the statutory authority under which the proposed repeals are proposed to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

§130.43. Doctor of Podiatric Medicine License--Provisional License.

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 April 20, 2026.

TRD-202601691

Deanne Rienstra

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 463-7750


SUBCHAPTER F. FEES

16 TAC §130.60

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the proposed rules.

The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 968, 89th Legislature, Regular Session (2025).

§130.60. Fees.

(a) Fees paid to the department are non-refundable.

(b) Fees are as follows:

(1) [Temporary] Residency License (Initial and Renewal)--$125

(2) Residency [Extended Temporary] License extension--$50

[(3) Provisional License--$125]

(3) [(4)] Doctor of Podiatric Medicine Initial License--$750

(4) [(5)] Doctor of Podiatric Medicine Renewal License--$700

(5) [(6)] Limited Faculty Initial License--$125

(6) [(7)] Limited Faculty Renewal License--$60

(7) [(8)] Voluntary Charity Care Status License (Initial and Renewal)--$0

(8) [(9)] Inactive Status License (Initial and Renewal)--$0

(9) [(10)] Active Duty Military Members--$0

(10) [(11)] Hyperbaric Oxygen Certificate (Initial and Renewal)--$25 if issued or renewed before January 1, 2025; $50 if issued or renewed on or after January 1, 2025

(11) [(12)] Nitrous Oxide Registration (Initial and Renewal)--$25 if issued or renewed before January 1, 2025; $50 if issued or renewed on or after January 1, 2025

(12) [(13)] Podiatric Medical Radiological Technician Registration (Initial and Renewal)--$25 if issued or renewed before January 1, 2025; $50 if issued or renewed on or after January 1, 2025

(13) [(14)] Duplicate License/replacement license--$25

(14) [(15)] The fee for a criminal history evaluation letter is the fee prescribed under §60.42.

(15) [(16)] A dishonored payment fee is the fee prescribed under §60.82.

(16) [(17)] Late renewal fees for licenses issued under this chapter are provided under §60.83.

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 April 20, 2026.

TRD-202601693

Deanna Rienstra

Interim General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: May 31, 2026

For further information, please call: (512) 463-7750