TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705. ADULT PROTECTIVE SERVICES
The Department of Family and Protective Services (DFPS) adopts amendments to 40 Texas Administrative Code (TAC) §§705.101, 705.103, 705.107, 705.303, 705.501, 705.901, 705.903, 705.1101 and 705.1303; adopts new §705.702; and adopts the repeal of §§705.701, 705.703, 705.705, and 705.1501 - 705.1533, in Chapter 705, Adult Protective Services. The proposal was published in the September 26, 2025 issue of the Texas Register (50 TexReg 6305). The rules are adopted without changes to the proposed text and will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the new, amended, and repealed rules is to reflect the current scope and authority of the APS program as a result of House Bill (H.B.) 4696, 88th Legislature, regular session, and the resulting transfer of Home and Community Support Service Agency (HCSSA) investigations, regardless of payment source (Medicaid, Medicare of private pay) to the Health and Human Services Commission (HHSC). This includes perpetrators eligible for the Employee Misconduct Registry (EMR). All references to the EMR and HHSC are being removed as they are no longer applicable to the APS program. The new, amended, and repealed rules also clean up existing rules related to emergency protective services and nomenclature related to victim/client.
COMMENTS
The 30-day comment period ended October 26, 2025. During this period, DFPS did not receive any comments regarding the amended and repealed rules.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The adopted amended rules implement H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503908
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
C.
STATUTORY AUTHORITY
The adopted amended rule implements H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503909
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
E.
STATUTORY AUTHORITY
The amended rule implements H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503910
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
G.
STATUTORY AUTHORITY
The adopted repealed rules implement H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503912
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
40 TAC §705.702
STATUTORY AUTHORITY
The adopted new rule implements H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503911
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
I.
STATUTORY AUTHORITY
The adopted amended rules implement H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503913
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
K.
STATUTORY AUTHORITY
The adopted amended rule implements H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503914
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
M.
STATUTORY AUTHORITY
The adopted amended rule implements H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503915
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978
SUBCHAPTER
O.
STATUTORY AUTHORITY
The adopted repealed rules implement H.B. 4696 from the 88th Legislature, regular session.
The modification is adopted under Human Resources Code (HRC) §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
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 October 28, 2025.
TRD-202503916
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Effective date: November 17, 2025
Proposal publication date: September 26, 2025
For further information, please call: (512) 945-5978