TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 356. FAMILY VIOLENCE PROGRAM
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§356.1, 356.101 - 356.104, 356.201 - 356.206, 356.301, 356.302, 356.401 - 356.403, 356.405, 356.501, 356.503 - 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609 - 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701 - 356.704, 356.706 - 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101 - 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308 - 356.1313, 356.1315 - 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501 - 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801 - 356.1803, 356.1805, 356.1901 - 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009 - 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101 - 356.2103, 356.2105, 356.2106, 356.2108, 356.2110; new §§356.208, 356.303, 356.603, 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201; and the repeal of §§356.207, 356.406 - 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114, concerning Family Violence Program.
New §356.716 and the amendments to §§356.612, 356.1402, and 356.2105 are adopted with changes to the proposed text as published in the December 20, 2024, issue of the Texas Register (49 TexReg 10229). These rules will be republished.
The amendments to §§356.1, 356.101 - 356.104, 356.201 - 356.206, 356.301, 356.302, 356.401 - 356.403, 356.405, 356.501, 356.503 - 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609 - 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701 - 356.704, 356.706 - 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101 - 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308 - 356.1313, 356.1315 - 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501 - 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801 - 356.1803, 356.1805, 356.1901 - 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009 - 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101 - 356.2103, 356.2106, 356.2108, and 356.2110; new §§356.208, 356.303, 356.603, 356.636, 356.637, 356.705, 356.710, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, and 356.2201; and the repeal of §§356.207, 356.406 - 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, and 356.2112 - 356.2114 are adopted without changes to the proposed text as published in the December 20, 2024, issue of the Texas Register (49 TexReg 10229). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, new sections, and repeals ensure that the rules in Texas Administrative Code (TAC) Title 26, Chapter 356 comply with changes to state and federal laws and regulations. The adoption clarifies and improves the rules to be more survivor-centered, trauma-informed, and accessible. The adoption will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the amendments, new sections, and repeals implement changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR, Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These rule updates include training provisions, trauma-informed and survivor-centered service regulations, and increase access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Texas Human Resources Code Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the adoption updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
COMMENTS
The 31-day comment period ended January 20, 2025.
During this period, HHSC received a comment regarding the proposed rules from one commenter, the Texas Council on Family Violence. A summary of the comment relating to the rules and HHSC's response follows.
Comment: The commenter suggested that the term "Advocacy" as defined in §356.1(3) should be changed to be defined as "Actions that help the individual obtain needed resources or services, including working to reduce barriers to services within systems and communities. Advocacy is trauma informed and led by the individual requesting services to meet their unique needs" to highlight the active role that advocates have in supporting survivor empowerment and safety. The definition stresses the vital role that advocates play in acknowledging the many barriers that support gender-based violence.
Response: HHSC declines to revise the rule in response to this comment. The current definition focuses on providing direct services to survivors of family violence. HHSC believes the current definition implies that barriers to resources may be addressed when helping individual survivors obtain services they need.
A minor editorial change was made to §§356.612, 356.716, 356.1402, and 356.2105 to fix formatting errors.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501438
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
SUBCHAPTER
B.
DIVISION 1. BOARD OF DIRECTORS
26 TAC §§356.101 - 356.104STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501439
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 2. CONTRACT STANDARDS
26 TAC §§356.201 - 356.206, 356.208STATUTORY AUTHORITY
The amendments and new section are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501441
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §356.207
STATUTORY AUTHORITY
The repeal is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501440
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 3. FISCAL MANAGEMENT
26 TAC §§356.301 - 356.303STATUTORY AUTHORITY
The amendments and new section are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501442
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 4. PERSONNEL
26 TAC §§356.401 - 356.403, 356.405STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501444
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §§356.406 - 356.408
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501443
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS
26 TAC §§356.501, 356.503 - 356.507, 356.510STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501446
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §356.508
STATUTORY AUTHORITY
The repeal is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501445
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §§356.601 - 356.604, 356.606, 356.607, 356.609 - 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635 - 356.637STATUTORY AUTHORITY
The amendments and new rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
§
356.612.
(a) A center must develop, maintain, and comply with written policies and procedures that:
(1) outline behaviors that threaten the safety and security of staff, other residents, and nonresidents for which the center may terminate services;
(2) do not allow for termination of a resident's or nonresident's services, for any reason other than behaviors that threaten the safety and security of shelter staff, other residents, and nonresidents;
(3) allow considerations for residents and nonresidents to have contact with an abuser without grounds for termination;
(4) address how current and former residents and nonresidents can appeal terminations and file complaints with the center;
(5) apply equally to all people;
(6) comply with:
(A) the laws and regulations described in §356.604 of this division (relating to Federal and State Laws Regarding Eligibility); and
(B) other applicable laws and regulations; and
(7) allow a resident or nonresident to voluntarily terminate their services at any time.
(b) Before the termination of services to a resident or a nonresident, regardless of whether the resident's or nonresident's termination is voluntary or involuntary, the center must make reasonable efforts to:
(1) assist the resident or nonresident in re-evaluating the resident's or nonresident's safety plan;
(2) assist in obtaining alternate resources for the resident or nonresident whose services are terminated;
(3) provide written notice to the resident or nonresident of the termination;
(4) provide written notice to the resident or nonresident of the right to file a complaint with the center and an explanation of the center's complaint procedure; and
(5) upon request of the resident or nonresident, provide contact information for the Texas Health and Human Services Commission Family Violence Program for complaint purposes.
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 April 30, 2025.
TRD-202501448
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §§356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501447
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 7. SERVICE DELIVERY
26 TAC §§356.701 - 356.711, 356.713, 356.714, 356.716, 356.718 - 356.720STATUTORY AUTHORITY
The amendments and new rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
§
356.716.
A center that provides child care may be subject to Texas Health and Human Services Commission regulation under Texas Human Resources Code Chapter 42, and relevant sections of Chapter 745, Chapter 743, and Chapter 746 of this title (relating to Licensing, Minimum Standards for Shelter Care, and Minimum Standards for Child-Care Centers, respectively), and any other relevant set of minimum standards.
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 April 30, 2025.
TRD-202501450
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §§356.705, 356.710, 356.712, 356.716, 356.717, 356.719
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501449
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
SUBCHAPTER
C.
DIVISION 1. BOARD OF DIRECTORS
26 TAC §356.803STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501451
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 2. CONTRACT STANDARDS
26 TAC §356.901, §356.902STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501452
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 3. FISCAL MANAGEMENT
26 TAC §§356.1001 - 356.1003STATUTORY AUTHORITY
The amendments and new rule are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501453
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 4. PERSONNEL
26 TAC §§356.1101 - 356.1103, 356.1105STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501454
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS
26 TAC §356.1201, §356.1202STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501455
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §§356.1301 - 356.1304, 356.1306, 356.1308 - 356.1313, 356.1315 - 356.1319, 356.1321, 356.1324, 356.1325STATUTORY AUTHORITY
The amendments and new rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501457
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
SUBCHAPTER
C.
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §§356.1303, 356.1314, 356.1320, 356.1322STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501456
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 7. SERVICE DELIVERY
26 TAC §§356.1401, 356.1404, 356.1406, 356.1408STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501458
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
SUBCHAPTER
C.
DIVISION 7. SERVICE DELIVERY
26 TAC §§356.1401 - 356.1405, 356.1408, 356.1409STATUTORY AUTHORITY
The amendments and new rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
§
356.1402.
(a) A center must regularly report complete and accurate data through the secure file protocol designated by the Texas Health and Human Services Commission (HHSC). Data submission is due by the deadline specified in the HHSC contract related to family violence service delivery. HHSC reserves the right to impose sanctions if a center does not submit complete and accurate data by the deadline specified in the contract.
(b) If extenuating circumstances exist, a center must contact HHSC via email before the due date of the data submission to request an extension of said due date.
(c) A center must contact HHSC via email within two business days of discovering data errors or inconsistencies that will result in the center's inability to report accurate data in a timely manner.
(d) When collecting and reporting data, a center must comply with state and federal confidentiality provisions. Data that a center submits must be in the aggregate and not contain personally identifying information.
(e) Program participant data collected by a center for HHSC reporting must be provided voluntarily by a program participant, and the program participant may refuse to offer any element of data at any time.
(f) A center must notify HHSC within 24 hours after discovery of a data breach. Notification must include all information reasonably available to the center about the breach and contact information for the center's point of contact who will communicate with HHSC regarding the breach.
(g) A center must provide written notification to HHSC by the third business day after discovery of a data breach of the following:
(1) all reasonably available information about the data breach, and the center's investigation, to the extent practicable;
(2) the date the data breach occurred;
(3) the date of the center's and, if applicable, subcontractor's discovery of the data breach;
(4) a brief description of the data breach, including how it occurred and who is responsible (or hypotheses, if not yet determined);
(5) a brief description of the center's investigation into the data breach and the status of the investigation;
(6) a description of the types and amount of confidential information involved;
(7) the steps the center has taken to mitigate any harm or potential harm caused by the data breach, including without limitation the provision of sufficient resources to mitigate;
(8) the steps the center has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar data breach;
(9) identify and describe any law enforcement that may be involved in the response to the data breach;
(10) a reasonable schedule for the center to provide regular updates regarding response to the data breach; and
(11) any reasonably available, pertinent information, documents, or reports related to the data breach that HHSC requests following the report of the data breach.
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 April 30, 2025.
TRD-202501459
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
SUBCHAPTER
D.
DIVISION 1. BOARD OF DIRECTORS
26 TAC §§356.1501 - 356.1504STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501460
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 2. CONTRACT STANDARDS
26 TAC §§356.1602, 356.1604, 356.1605STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501461
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 3. FISCAL MANAGEMENT
26 TAC §§356.1701 - 356.1703STATUTORY AUTHORITY
The amendments and new rule are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501462
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 4. PERSONNEL
26 TAC §§356.1801 - 356.1803, 356.1805STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501464
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §356.1806, §356.1807
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501463
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS
26 TAC §§356.1901 - 356.1903STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501465
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §§356.2001 - 356.2004, 356.2006, 356.2007, 356.2009 - 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033 - 356.2035STATUTORY AUTHORITY
The amendments and new rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501467
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §§356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501466
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
DIVISION 7. SERVICE DELIVERY
26 TAC §§356.2101 - 356.2108, 356.2110, 356.2112, 356.2114, 356.2115STATUTORY AUTHORITY
The amendments and new rules are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
§
356.2105.
A center is not required to provide or pay for emergency medical care, but must:
(1) maintain a current list of medical care resources that meet the diverse needs of survivors, including preventative care, and that can provide medical services for victims of family violence and their dependents, including, when available:
(A) local affordable options; and
(B) local physical, mental, and behavioral health resources;
(2) develop, maintain, and comply with written policies and procedures about providing or arranging for emergency transportation to and from emergency medical facilities for program participants or victims of family violence and their dependents being considered for acceptance as program participants; and
(3) maintain and provide standard first aid medical supplies that are accessible to program participants 24-hours-a-day.
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 April 30, 2025.
TRD-202501469
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
26 TAC §§356.2104, 356.2107, 356.2109, 356.2112 - 356.2114
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501468
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992
SUBCHAPTER
E.
DIVISION 1. NOTICE
26 TAC §356.2201STATUTORY AUTHORITY
The new rule is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.
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 April 30, 2025.
TRD-202501470
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: May 20, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 460-0992