TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 217. MILK AND DAIRY
SUBCHAPTER
A.
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to 25 Texas Administrative Code (TAC) §217.2, concerning Adopted Regulations and Standards.
BACKGROUND AND PURPOSE
The proposal is necessary to reflect the current revision of the Pasteurized Milk Ordinance (PMO). This proposal is also necessary to adopt the current revision of three additional sets of federal standards and regulations which, like the PMO, are published as a joint effort between the United States Department of Health and Human Services (USDHHS), United States Food and Drug Administration (FDA), United States Public Health Service (USPHS), and National Conference of Interstate Milk Shipments (NCIMS). The additional standards and regulations are entitled:
1) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments (Procedures);
2) Methods for Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Product Manufacturers (Methods); and
3) Evaluation of Milk Laboratories (EML).
SECTION-BY-SECTION SUMMARY
Proposed amendment to §217.2, Adopted Regulations and Standards, includes the adoption of the current revisions of the PMO, Procedures, Methods, and EML as a reference for milk and dairy farm, processor, and laboratory inspections and surveys.
FISCAL NOTE
Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of DSHS employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to DSHS;
(5) the proposed rule will not create a new regulation;
(6) the proposed rule will not expand, limit, or repeal existing regulations;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rule does not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rule.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas and the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Dr. Timothy Stevenson, Deputy Commissioner, Consumer Protection Division, has determined that for the first five years the rule is in effect, the public will benefit from the updated language reflecting current milk and dairy practices.
Christy Havel Burton has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R015" in the subject line.
STATUTORY AUTHORITY
The amendment is authorized by Health and Safety Code 435, which authorizes the executive commissioner to adopt rules providing specifications for the production and handling of milk and milk products; Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The amendment implements Texas Government Code §524.0151 and Texas Health and Safety Code Chapter 1001.
§
217.2.
(a)
The Department of State Health Services
(DSHS)
adopts by reference the
most current revision of the
[
document entitled,
] "Grade A Pasteurized Milk Ordinance," published by the United States Department of Health and Human Services, Public Health Service/Food and Drug Administration. [
The document consists of the following parts: The Grade A Pasteurized Milk Ordinance with Administrative Procedures; illustrations, tables, supplements, appendices; and an index.
]
(b)
DSHS
[
The Department of State Health Services
] adopts by reference the most current revision
of
[
,
] 21
Code of Federal Regulations (
CFR
)
Part 117,
Subpart
[
Subparts
] A
,
General Provisions,
Subpart
B
,
Current Good Manufacturing Practice, and
Subpart
C
,
Hazard Analysis and Risk-Based Preventative Controls.
(c) DSHS adopts by reference the most current revision of the documents published by the United States Department of Health and Human Services, Public Health Service/Food and Drug Administration entitled:
(1) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments;
(2) Methods for Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Product Manufacturers; and
(3) Evaluation of Milk Laboratories.
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 30, 2025.
TRD-202501426
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (512) 289-1704
CHAPTER 401. MENTAL HEALTH SYSTEM ADMINISTRATION
SUBCHAPTER
G.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 401, consisting of §401.464, concerning Notification and Appeals Process.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal an obsolete rule in Title 25, Texas Administrative Code (TAC), Chapter 401, Subchapter G, adopted in 1994. HHSC addresses the topic of this rule in similar rules located in 26 TAC, Chapter 301, Subchapter D.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §401.464 deletes the rule because the content of the rule is in 26 TAC, Chapter 301, Subchapter D.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule repeal will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeal will be in effect:
(1) the proposed repeal will not create or eliminate a government program;
(2) implementation of the proposed repeal will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeal will result in no assumed change in future legislative appropriations;
(4) the proposed repeal will not affect fees paid to HHSC;
(5) the proposed repeal will not create a new regulation;
(6) the proposed repeal will repeal existing regulations;
(7) the proposed repeal will not change the number of individuals subject to the rule; and
(8) the proposed repeal will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rule will be removed and does not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The proposed repeal will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeal is in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the content of the rule is in Title 26, Chapter 301, Subchapter D.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@ hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
STATUTORY AUTHORITY
The proposed repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority; and Texas Health and Safety Code §534.0675, which requires the executive commissioner to establish by rule a uniform procedure that each local mental health authority shall use relating to the right to appeal denial, reduction, or termination of services.
The repeal affects Texas Government Code §524.0151, and Texas Health and Safety Code §534.052, and §534.0675.
§
401.464.
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 30, 2025.
TRD-202501427
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
CHAPTER 404. PROTECTION OF CLIENTS AND STAFF--MENTAL HEALTH SERVICES
SUBCHAPTER
E.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 404, consisting of §404.168, concerning References; and §404.169, concerning Distribution.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 404, Subchapter E, adopted in 1996. The rules are no longer necessary.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §404.168 and §404.169 deletes rules that are no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be removed and do not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The repealed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the titles and content of the rules are no longer used in rulemaking.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
404.168.
§
404.169.
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 30, 2025.
TRD-202501428
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
CHAPTER 405. PATIENT CARE--MENTAL HEALTH SERVICES
SUBCHAPTER
E.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 405, consisting of §405.116, concerning Distribution.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal an obsolete rule in Title 25, Texas Administrative Code (TAC), Chapter 405, Subchapter E, adopted in 1993. Senate Bill 800, 87th Legislature, Regular Session, 2021, repealed the requirement to submit an annual report.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §405.116 deletes a rule that is no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule repeal will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeal will be in effect:
(1) the proposed repeal will not create or eliminate a government program;
(2) implementation of the proposed repeal will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeal will result in no assumed change in future legislative appropriations;
(4) the proposed repeal will not affect fees paid to HHSC;
(5) the proposed repeal will not create a new regulation;
(6) the proposed repeal will repeal existing regulations;
(7) the proposed repeal will not change the number of individuals subject to the rule; and
(8) the proposed repeal will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rule will be removed and does not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The repealed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeal is in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeal is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the rule is no longer necessary.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
STATUTORY AUTHORITY
The proposed repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeal affects Texas Government Code §524.0151.
§
405.116.
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 30, 2025.
TRD-202501429
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
CHAPTER 411. STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER
B.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 411, consisting of §411.61, concerning Memorandum of Understanding Concerning Capacity Assessment for Self Care and Financial Management; §411.62, concerning Memorandum of Understanding concerning Continuity of Care System for Offenders with Mental Impairments; and §411.64, concerning Memorandum of Understanding (MOU) on Relocation Pilot Program.
BACKGROUND AND PURPOSE
The purpose of the proposed repeals is to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 411, Subchapter B, adopted in 1999 and 2003. Texas Health and Safety Code §533.044 and 40 TAC, §71.104, have been repealed. Additionally, Texas Health and Safety Code §614.013 no longer requires an MOU to be formally adopted by rule.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §411.61 and §411.64 deletes the rules because the requirements have been repealed in statute. The proposed repeal of §411.62 deletes the rule because the MOU is not required to be formally adopted by rule.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be removed and do not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The repealed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules have been repealed in statute or are no longer necessary.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
411.61.
§
411.62.
§
411.64.
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 30, 2025.
TRD-202501430
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 412, consisting of §412.63 concerning References; §412.64, concerning Distribution; §412.114, concerning References; and §412.115, concerning Distribution.
BACKGROUND AND PURPOSE
The purpose of the proposed repeal is to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 412, Local Mental Health Authority Responsibilities, Subchapter B and Subchapter C. The rules are outdated and no longer necessary.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§412.63, 412.64, 412.114, and §412.115 deletes the rules because the rules are outdated and no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be removed and do not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The repealed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules are outdated and no longer necessary.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
412.63.
§
412.64.
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 30, 2025.
TRD-202501431
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
SUBCHAPTER
C.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The repeals affect Texas Government Code §524.0151.
§
412.114.
§
412.115.
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 30, 2025.
TRD-202501432
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
CHAPTER 414. RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 414, consisting of: §414.414, concerning References; §414.415 concerning Distribution; §414.508, concerning References; §414.509, concerning Distribution; §414.551, concerning Purpose; §414.552, concerning Application; §414.553, concerning Definitions; §414.554, concerning Responsibilities of Local Authorities, Community Centers, and Contractors; §414.555, concerning Information To Be Provided to Victim or Alleged Victim and Others; §414.556, concerning Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS); §414.557, concerning Disciplinary and Other Action; §414.558, concerning Data Reporting Responsibilities; §414.559, concerning Confidentiality of Investigative Process and Report; §414.560, concerning Competency of Employees and Agents; §414.561, concerning TDMHMR Oversight Responsibilities; §414.562, concerning Exhibits; §414.563, concerning References; and §414.564 concerning Distribution.
BACKGROUND AND PURPOSE
The proposal repeals obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 414, Subchapter I and Subchapter K, adopted in 2004. The rules are outdated and no longer necessary.
Additionally, the proposal repeals obsolete rules in 25 TAC Chapter 414, Subchapter L, adopted in 2001. HHSC addresses the topic of these rules in similar rules located in 26 TAC, Chapter 301, Subchapter M.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §§414.414, 414.415, 414.508, and 414.509 deletes the rules because the titles and content of the rules are no longer used by the HHSC in rulemaking. The proposed repeal of §§414.551 - 414.564 deletes the rules because the content of the rules exists in 26 TAC, Chapter 301, Subchapter M.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be removed and do not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The repealed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules. HHSC addresses the topic of these rules in similar rules located in 26 TAC, Chapter 301, Subchapter M.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
SUBCHAPTER
I.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The repeals affect Texas Government Code §524.0151 an Texas Health and Safety Code §534.052.
§
414.414.
§
414.415.
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 30, 2025.
TRD-202501433
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
SUBCHAPTER
K.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The repeals affect Texas Government Code §524.0151 an Texas Health and Safety Code §534.052.
§
414.508.
§
414.509.
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 30, 2025.
TRD-202501434
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
SUBCHAPTER
L.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The repeals affect Texas Government Code §524.0151 an Texas Health and Safety Code §534.052.
§
414.551.
§
414.552.
§
414.553.
§
414.554.
§
414.555.
§
414.556.
§
414.557.
§
414.558.
§
414.559.
§
414.560.
§
414.561.
§
414.562.
§
414.563.
§
414.564.
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 30, 2025.
TRD-202501435
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063
CHAPTER 415. PROVIDER CLINICAL RESPONSIBILITIES--MENTAL HEALTH SERVICES
SUBCHAPTER
A.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §415.4, concerning Philosophy; §415.9, concerning Consent and Patient Education; §415.13, concerning References; and §415.14, concerning Distribution.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 415, Subchapter A, adopted in 2004. The rules are duplicative or are no longer necessary.
SECTION-BY-SECTION SUMMARY
The proposed repeal to §415.9 deletes requirements regarding consent to treatment with psychoactive medications because they are duplicative, and are currently located in 26 TAC, Chapter 320, Subchapter B. The proposed repeal of §§415.4, 415.13, and 415.14 deletes rules that are no longer necessary.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rule repeals will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the repeals will be in effect:
(1) the proposed repeals will not create or eliminate a government program;
(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;
(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;
(4) the proposed repeals will not affect fees paid to HHSC;
(5) the proposed repeals will not create a new regulation;
(6) the proposed repeals will repeal existing regulations;
(7) the proposed repeals will not change the number of individuals subject to the rules; and
(8) the proposed repeals will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules will be removed and do not require any change in business processes or additional costs.
LOCAL EMPLOYMENT IMPACT
The repealed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Trina Ita, Deputy Executive Commissioner of Behavioral Health Services, has determined that for each year of the first five years the repeals are in effect, the public benefit will be enhanced clarity and accuracy of behavioral health requirements within the TAC.
Trey Wood has also determined that for the first five years the repeals are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules are duplicative or are no longer necessary.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov .
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register . Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R012" in the subject line.
STATUTORY AUTHORITY
The proposed repeals are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The repeals affect Texas Government Code §524.0151 and Texas Health and Safety Code §534.052.
§
415.4.
§
415.9.
§
415.13.
§
415.14.
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 30, 2025.
TRD-202501436
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: June 15, 2025
For further information, please call: (737) 704-9063