TITLE 16. ECONOMIC REGULATION

PART 2. PUBLIC UTILITY COMMISSION OF TEXAS

CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS

SUBCHAPTER S. WHOLESALE MARKETS

The Public Utility Commission of Texas (commission) adopts an amendment to §25.504, relating to Wholesale Market Power in the Electric Reliability Council of Texas Power Region with no changes to the proposed text as published in the September 5, 2025 issue of the Texas Register (50 TexReg 5858). The amendment will not be republished. The amendment removes the exemption that currently prevents a generation entity controlling less than 5% of ERCOT's total installed capacity from being considered to have market power. This exemption is commonly referred to as the "small fish rule" and generation entities that qualify for the exemption as "small fish." The removal of this exemption will go into effect on June 1, 2026. This amendment is adopted under Project Number 58379.

The commission received comments on the proposed amendment from Advanced Power Alliance (APA) and American Clean Power Association (ACP) (APA + ACP), Electric Reliability Council of Texas, Inc. (ERCOT), Gridmatic Equisetum LLC (Gridmatic), Hunt Energy Network, L.L.C. (HEN), Jupiter Power LLC (Jupiter Power), Lone Star Energy Storage Alliance (LESA), Lower Colorado River Authority (LCRA), Potomac Economics (Independent Market Monitor, or IMM), Solar Energy Industries Association (SEIA), Tesla, Inc. (Tesla), Texas Electric Cooperatives, Inc (TEC), Texas Industrial Energy Consumers (TIEC), Texas Public Power Association (TPPA), and Texas Solar + Storage Association (TSSA).

The commission received a hearing request from TPPA. Specifically, TPPA recommended that the commission request the IMM produce an analysis of any inefficient pricing caused by the small fish rule, including actual dollar impacts. Additionally, unless the IMM provides analysis as part of their comments in this project, TPPA requested a public hearing "so that the IMM is able to produce that analysis to all interested stakeholders." Accordingly, in its filed comments, the IMM did provide an analysis that, among other things, identified output gaps and price spreads that exceeded competitive levels. The IMM concluded that this data demonstrated that "suppliers frequently withheld capacity at uncompetitive prices" and "underscores the potential market impact of exempting small fish from mitigation." On 10/31/2025, TPPA withdrew its rehearing request. In withdrawing its request, TPPA noted that it still supported the continuation of the small fish rule, "both for specific market segments (including batteries that need to maintain a state of charge requirement and dispatchable generation resources that need to comply with emissions permitting requirements) as well as new market entrants." TPPA also indicated that it believed "the market structure itself provides adequate offer discipline for small market participants."

APA + ACP, Gridmatic, HEN, Jupiter Power, LESA, SEIA, TEC, Tesla, TPPA, and TSSA opposed the elimination of the small rule as proposed and, accordingly, opposed the adoption of the proposed rule amendments. IMM, LCRA, and TIEC supported the elimination of the small fish rule. ERCOT did not have a position on the elimination of the small fish rule. The specific reasons for each commenters support or opposition for the proposed amendments are detailed below.

Comments on the proposed amendments

Higher offers from energy storage resources (ESRs) may appear as market power abuse.

Jupiter Power, APA + ACP, Gridmatic, Tesla, TSSA, LESA, and SEIA opposed the elimination of the small fish rule because higher offers from ESRs are commercially necessary and should not be mischaracterized at market power abuse. Opportunity cost is reflected in an ESR's offer and is highly variable, constantly changing, and difficult to predict because it depends on future scarcity pricing. It also includes the cost of managing state of charge. This may appear as an attempt to withhold supply or manipulate prices (i.e., market power abuse), however it is the only way ESRs can remain financially viable in ERCOT's energy-only market. It is imperative to differentiate between pricing behavior driven by scarcity and market manipulation. LESA and SEIA included redlines on this issue.

TEC noted that the IMM indicated small operators could, under specific market conditions, effectively exercise market power. However, TEC emphasized that under the vast majority of market conditions, small operators remain unable to effectively exercise market power and should continue to be protected from charges of market power abuse. Accordingly, TEC recommended the commission consider a more targeted repeal of the small fish rule--limited to the particular conditions under which a small operator could exert market power--rather than eliminating the rule entirely.

Commission Response

The commission agrees with Jupiter Power, APA + ACP, Gridmatic, Tesla, TSSA, LESA, and SEIA that, on its face, higher offers from ESRs and other resources could be viewed as a signal of potential market power abuse. However, the commission declines to modify the proposed rule to preserve the exemption for ESRs as recommended by SEIA and LESA or otherwise preserve a limited scope exemption. Removing the small fish rule does not automatically assume ESRs are attempting to withhold supply or manipulate prices (i.e., engaging in market power abuse). Suppliers, regardless of size or technology, should be prohibited from engaging in market power abuse.

The commission acknowledges that different resource technologies may require different offering profiles for legitimate reasons, such as state of charge management. Offers from ESRs may be appear high relative to other offers due to their perceived opportunity cost and state of charge management. Additionally, the IMM acknowledged that ERCOT's primary mechanism to mitigate against market power in real time does not account for all market conditions. These factors are taken into consideration in how the IMM and the commission monitor for and evaluate potential instances of market power abuse. Hence, the removal of this rule does not inherently suggest that entities that control less than 5% of the installed generation capacity in ERCOT, including ESRs, and that submit high offers are engaging in market power abuse.

Delay rulemaking or implementation after Real-Time Co-optimization plus Batteries (RTC+B).

Jupiter Power, SEIA, APA + ACP, LESA, and Tesla recommended that the commission delay rulemaking until after implementation of RTC+B and after the commission has sufficient operational data to evaluate whether there is a need for the repeal or revision of the small fish rule.

LCRA recommended to delay implementation of the rule amendment until "the stabilization of RTC can support improved market monitoring and mitigation." Jupiter Power suggested the evaluation of the effectiveness of the ancillary service demand curves (ASDCs) in reflecting shortage pricing and after decisions on treatment of opportunity cost for storage in the context of offer mitigation to inform rulemaking. Additionally, ERCOT stakeholders are currently in the process of considering Nodal Protocol Revision Request (NPRR) 1255, Introduction of Mitigation of ESRs, which would introduce a "just - in- time" mitigation framework to apply to ESRs, which address concerns related to the exercise of local market power by ESRs.

Commission Response

The commission disagrees with Jupiter Power, SEIA, APA + ACP, LESA, and Tesla that this rulemaking should be delayed until impacts of RTC+B are analyzed. There is no direct relationship between the removal of the small fish rule and the implementation of RTC+B as the two are conceptually different market design tools. RTC+B is intended to provide more flexibility in real time to efficiently procure energy and ancillary services and improve reliability, whereas the removal of the small fish rule is intended to ensure competitive market behavior amongst all suppliers, regardless of size or technology. Therefore, delaying the elimination of the small fish rule is not necessary. However, the commission agrees with LCRA and sets the effective date to June 1, 2026, to allow stakeholders sufficient time to adjust to RTC+B.

Interpretation and intent of small fish rule.

SEIA, LESA, APA + ACP, and Tesla opposed the removal of the small fish rule due to the interpretation and original intent of the rule.

SEIA and LESA argued that the basis for the rule remains valid. SEIA and LESA cited the preamble to the commission's adoption order in Project No. 31972 and clarified that the small fish rule "is not a free pass for entities to abuse the market in whatever way they wish" and that "that an entity with less than 5% of the installed generation capacity in ERCOT will be unable to control prices on an ERCOT-wide basis."

APA + ACP and Tesla argued that the rule was originally established to encourage participation by smaller generation resource owners who lacked the scale to influence ERCOT-wide market power. They emphasized that this exemption has played a key role in fostering market diversity, innovation, and resilience by enabling smaller entities to compete without excessive regulatory burden. APA + ACP and Tesla cautioned that eliminating this rule could disproportionately impact resources that enhance grid flexibility and reliability, potentially deterring new market entrants and imposing compliance costs that outweigh any anticipated market benefits.

On the other hand, TIEC asserted that this rule is no longer necessary, citing major market design changes, such as the implementation of the Operating Reserve Demand Curve (ORDC). The IMM noted that market power is situational rather than structural, and emphasized that generation entities controlling less than 5% of ERCOT's installed generation capacity "can have market power, exercise it through uncompetitive offers, and impact prices." Similarly, LCRA argued that "competitive offers, particularly from pivotal suppliers during tight system conditions, are essential for the long-term health and performance of wholesale electricity markets." The IMM also included in its filed comments an analysis of output gaps and price spreads, indicating that these suppliers frequently withheld capacity at uncompetitive prices in 2023 and 2024.

Commission Response

The commission agrees with the IMM, LCRA, and TIEC that recent market design changes, combined with evidence of economic withholding, have eliminated the need for this rule.

The commission disagrees with SEIA, LESA, APA + ACP, and Tesla that the original basis for the small fish rule still provides adequate justification for retaining it. The small fish rule was adopted before ERCOT had a shortage pricing mechanism under the ORDC and intended generation resource owners with less than 5% of the capacity installed in ERCOT market to submit offers significantly above the marginal cost of production to produce high prices in shortage conditions. The commission agrees with TIEC that the ORDC and ASDCs under RTC have made this rule unnecessary given shortage pricing now raises prices automatically based on reserve scarcity. Additionally, the IMM has observed economic withholding by small participants (as noted in the 2024 State of the Market Report and in its filed comments), providing an evidentiary basis for monitoring for potential market power abuse. Finally, the commission agrees with LCRA that competitive offers from pivotal suppliers, including small fish, are necessary for the health of the competitive market. The removal of the small fish rule is intended to promote competitive market behavior amongst all suppliers, regardless of size or technology.

Relevance of Voluntary Mitigation Plans (VMPs).

SEIA and LESA noted that existing subsection (c) is not a prohibition for potential enforcement actions against a generator that controls less than 5% market share in the ERCOT region and cited, as an example, the commission approving a VMP for IPR-GDF Suez even though it fell below the 5% threshold.

TPPA noted that entities with more than 5% of installed capacity (not covered by the small fish rule) have frequently sought protection against allegations of market power, using VMPs negotiated with commission staff and the IMM. The small fish rule has helped reduce the administrative burden on the commission, which otherwise would face as the commission would face dozens, if not hundreds, of requests for VMPs without the Small Fish rule.

Commission Response

The commission disagrees with SEIA, LESA, and TPPA in their opposition to the removal of the small fish rule based on concerns about VMPs. The VMP for IPR-GDF Suez sought protection against charges of abuse of local market power, not system-wide market power. Hence, the historical examples of small fish seeking, and the commission approving, VMPs to protect against accusations of local market power abuse has no bearing on whether the commission should re-evaluate whether small fish are also capable of exercising system-wide market power in certain circumstances.

Further, the commission does not share TPPA's concerns over a proliferation of VMP requests if the small fish rule is eliminated. Previously, the small fish rule provided the same level of protection for a supplier as a VMP, making a VMP unnecessary. However, after the legislature adopted changes to PURA § 15.023(f) in 2023, actions taken under a VMP no longer offer absolute protection. As a result, transitioning from the small fish rule to a VMP does not restore the same level of defense for small entities, making it less likely that this will be considered as an essential protection. Further, as noted by commenters, small fish have already had the ability to seek out VMPs to address concerns over local market power abuse investigations, and few have elected to do so. Finally, the commission does not view the volume of VMP submissions as a justification for retaining the small fish rule. An entity can seek to enter into a VMP as long as it complies with the requirements outlined in proposed subsection (d).

Lack of evidence of market power abuse.

APA + ACP, Tesla, TSSA, and TPPA opposed the removal of small fish rule due to the lack of sufficient evidence of market power abuse.

APA + ACP noted that ERCOT's Real-Time market often operates with physical reserve margins exceeding 10-20% of systemwide demand. ERCOT's consistently high reserve margins exceed the 5% installed capacity threshold used to define a "small fish", demonstrating that small generators have even less ability to exercise market power than when the rule was originally adopted. TPPA also argued that small generators lack the ability to meaningfully influence market-wide prices, which the commission had previously acknowledged.

Tesla claimed that the risks posed by entities controlling less than 5% of ERCOT's installed capacity have not been quantified in a way that enables meaningful comparison to the substantial impact a repeal would have on energy storage resource participation. Tesla also stated that there is no evidence indicating that small entities are causing harm to the market. In addition, TSSA claimed that the current risk of market power abuse outweighs potential burdens from policy changes.

TPPA further noted that the IMM has not provided an assessment of inefficiencies that the small fish rule introduced by the small fish rule. TPPA requested the commission to hold a public hearing on the rule to ensure the IMM presents its findings to all interested stakeholders if analysis is not included in the IMM's comments on this Proposal for Publication.

By contrast, IMM, LCRA, and TIEC supported the elimination of the small fish rule for reasons previously outlined above.

Commission Response

The commission agrees with the IMM, LCRA, and TIEC that recent market design changes, combined with evidence of economic withholding, provide adequate justification to support the elimination of the small fish rule. The commission disagrees with APA + ACP, Tesla, TSSA, and TPPA that the lack of evidence of significant market power abuse by small fish supports retaining the exemption. In its comments, the IMM presented data demonstrating evidence of economic withholding by small fish and explained that market power is situational rather than purely structural. Therefore, any supplier--including small fish--may possess market power, potentially exercise it through non-competitive pricing, and influence market prices during tight conditions or when the market ramp is constrained. It is prudent for the commission to revise this rule to better protect against these outcomes before system-wide market manipulation by small fish occurs, especially since this revision merely subjects small fish to the same scrutiny as other market participants.

Recognition of IMM mitigation approach if the small fish rule is removed.

Jupiter Power and HEN recommended the commission to memorialize in writing IMM's three-step approach for real-time mitigation or other factors that drive the determination of market power if the small fish rule is removed. Jupiter Power specifically requested that the "circumstances of ESRs managing their state of charge (especially those exacerbated by ERCOT's state of charge requirements) are acknowledged in the determination of market power process."

Commission Response

The commission declines to modify the rule to specify the methods that the IMM will use to investigate and measure market power abuse with regards to specific technologies, or otherwise, at this time. The IMM serves a role specifically contemplated by PURA § 39.1515, which also recognizes the distinction between the policymaking and enforcement roles of the commission and the "monitoring, analysis, and reporting" responsibilities of the monitor. Subject to commission oversight, the IMM is the appropriate entity to identify suitable methods of evaluating potential market power abuse. In this instance, the IMM has already acknowledged the difficulties surrounding evaluating uncompetitive behavior with regards to certain technologies at the August 21, 2025 open meeting. If there are additional issues not yet considered, the commission expects the IMM to take these into consideration- as it deems appropriate - when investigating potential market power abuse. And, if it does not, commission enforcement discretion serves as a necessary backstop to alleviate commenter concerns.

Additionally, the commission declines to codify the three-step approach. This is a recent recommendation from the IMM's 2024 State of the Market Report that has not been fully evaluated by the commission, and it is also beyond the noticed scope of this rulemaking.

Amending existing §25.504(d) to account for marginal cost of an energy storage resource. Existing §25.504(d) outlines what does and does not constitute withholding of production by a generation entity with market power.

HEN expressed concern with the proposed elimination of the small fish rule and recommended the commission to consider amending the proposed subsection (c) (existing subsection (d)) to reflect that a duration limited resource must offer significantly above its "marginal" cost (which is difficult to define for a duration limited resource such as energy storage) to manage its state of charge. HEN included redlines on this issue.

TSSA also noted that proposed subsection (c) (existing subsection (d)) introduces significant uncertainty and regulatory risk as there is no clearly established way to determine the marginal cost of an energy storage resource, and as a result, these resources could be exposed to unwarranted allegations and subject to inappropriate penalties.

Commission Response

The commission declines to revise proposed subsection (c), as no entity--including ESRs or other duration-limited resources--is exempt from engaging in market power abuse, including engaging in economic or physical withholding. Additionally, the IMM has publicly recognized the distinct operational characteristics of ESRs, such as their use of perceived opportunity cost rather than marginal cost in offer strategies. These considerations are factored into the IMM's investigative framework when assessing potentially uncompetitive market behavior. Further, commission staff may consider this when evaluating whether to pursue an enforcement action, and the commission may also take it into account when determining whether an entity engaged in uncompetitive market behavior and whether to assess a penalty.

Implementing multi-interval real-time market

TSSA recommended the commission retain the small fish rule and direct ERCOT to implement a multi-interval commitment process, as recommended by the IMM in its 2022 State of the Market report.

Commission Response

The commission declines the recommendation of directing ERCOT to implement a multi-interval commitment process at this time because it is beyond the noticed scope of this rulemaking.

Deprioritizing administrative changes following elimination of Small Fish rule.

LCRA recommended that "low-urgency administrative changes to ERCOT systems be deprioritized in the absence of serious market power abuses by small suppliers." LCRA argued that removing the small fish rule may necessitate updates to ERCOT's systems, specifically in how decision-making entity level evaluations are handled within the Competitive Constraint Test. Similar modifications may also be required for the automated systems used by market participants currently benefiting from exemptions under the small fish rule. LCRA claimed that it is highly likely that ERCOT staff and external vendors needed to implement these changes are also engaged in other major initiatives--such as real-time co-optimization (RTC), Dispatchable Reliability Reserve Service (DRRS), firm fuel supply service (FFSS) enhancements, the firming program mandated by PURA § 39.1592, and the rollout of legislation from the 89th legislative session.

Commission Response

The commission agrees with LCRA's recommendation that removing the small fish rule may require ERCOT staff and external vendors to implement ERCOT system changes in addition to implementing other major initiatives such as RTC, DRRS, and FFSS enhancements. However, repealing the rule neither requires the immediate upgrade of systems used to evaluate economic withholding by small fish nor mandates immediate enforcement. The commission and commission staff retain discretion to determine the appropriate timing for initiating enforcement actions and pursuing administrative penalties related to allegations of market power abuse by small fish.

Additionally, to provide more time for stakeholders to adapt to the new rule, the commission delays the effective date of the repeal to June 1, 2026.

Market power considerations for hydroelectric facilities.

LCRA noted unique operational requirements for its hydroelectric facilities and that "hydroelectric generation resources may need to offer energy at the system wide offer cap to avoid or delay security constrained economic dispatch in order to remain compliant with an approved water management plan and to maintain readiness to respond in the event of an ERCOT emergency."

LCRA recommended the commission to "continue to support and recognize these unique operational constraints in the development of any new market power frameworks seeking to mitigate non-competitive offers."

Commission Response

The commission acknowledges the need for certain generation resource technologies to employ unique offer strategies reflective other unique circumstances. The commission also acknowledges that when hydroelectric facilities are not passing water downstream according to an output schedule or are not providing Ancillary Services, they are typically placed in the "ONEMR" status. This status allows them to avoid security constrained economic dispatch and comply with their water management plan. "ONEMR" units are only eligible for dispatch during ERCOT-declared emergency conditions, at which point they may be dispatched and typically submit offers at the cap to remain in compliance with their water management obligations. Hydroelectric facilities will be able to continue this practice as the removal of the small fish rule would have no impact on their operations.

All comments, including any not specifically referenced herein, were fully considered by the commission.

This amendment is adopted under the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002, which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and §39.157, which authorizes the commission to monitor and address market power associated with the generation, transmission, distribution, and sale of electricity in this state.

Cross Reference to Statutes: Public Utility Regulatory Acts §§ 14.001; 14.002; and 39.157

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 November 6, 2025.

TRD-202504014

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Effective date: November 26, 2025

Proposal publication date: September 5, 2025

For further information, please call: (512) 936-7244

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT

SUBCHAPTER K. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter K, §§60.501, 60.502, 60.504, 60.510, 60.514, and 60.516; adopts the repeal of existing rules at Subchapter K, §§60.503, 60.512, 60.518, and 60.519; and adopts new rules at Subchapter K, §§60.512, 60.517, 60.518, and 60.520, regarding the Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the September 26, 2025, issue of the Texas Register (50 TexReg 6273). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 60, Subchapter K, implement Texas Occupations Code, Chapter 51, General Provisions Related to Licensing; Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses; and the license portability provisions of the federal Servicemembers' Civil Relief Act found at 50 U.S.C. §4025a.

The adopted rules are necessary to implement House Bill (HB) 5629 and Senate Bill (SB) 1818 (89th Legislature, Regular Session (2025)), which amend state law regarding occupational licensing and recognition of out-of-state occupational licenses for military service members, military veterans, and military spouses. The adopted rules primarily: (1) align the Department's procedures with the standards and requirements set out in HB 5629 for the issuance of occupational licenses and recognition of out-of-state occupational licenses; (2) pursuant to SB 1818, authorize the issuance of provisional licenses to applicants for licensure or license recognition; and (3) reorganize, clarify, and correct existing rule language to be more reader-friendly.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §60.501, Military Definitions, to remove redundant or unnecessary language to clarify definitions. Most notably, the changes to this section simplify the definition of "active duty."

The adopted rules amend §60.502, Determining the Amount of Military Experience, Service, Training, or Education, to remove an errant comma.

The adopted rules amend §60.504, Extension of Certain Deadlines, to comply with current state law. The changes make it clear that all military service members are allowed two additional years to complete continuing education or other requirements.

The adopted rules amend §60.510, License Requirements for Applicants with Military Experience, Service, Training, or Education by: (1) clarifying application requirements for prospective applicants; (2) removing rule language repealed by HB 5629 and subsequently moved to new §60.520; and (3) rewording certain provisions to be more reader-friendly.

The adopted rules add new §60.512, Expedited Alternative Licensing Requirements--Similar Scope of Practice, which, consistent with HB 5629, allows military service members, military veterans, and military spouses to obtain a Texas occupational license if they currently possess a license, issued by another state, that has a similar scope of practice to a license issued by the Department. These changes remove the standard of "substantial equivalence" enshrined in the current rules. The adopted changes to this section also clarify the process by which out-of-state licensed military affiliated applicants will apply for a Texas license and clarify the Department's authority to deny licensure to applicants with a disqualifying criminal history. The adopted rules also repeal the previous version of this section.

The adopted rules amend §60.514, Expedited Alternative Licensing Requirements--Previously Held Texas License, by: (1) rewording and reorganizing the section to make it more reader-friendly; (2) restating the documentation requirements for an application; (3) adding a requirement for a military spouse applicant to provide documentation of the spouse's active duty status; (4) clarifying the department's authority to deny licensure to applicants with a disqualifying criminal history; and (5) repealing subsection (f) (fees), which is no longer supported by law.

The adopted rules amend §60.516, Expedited Alternative Licensing Requirements--Demonstration of Competency by Alternative Methods, by: (1) rewording and reorganizing the section to make it more reader-friendly; (2) restating the documentation requirements for an application; (3) adding a requirement for a military spouse applicant to provide documentation of the spouse's active duty status; (4) clarifying the Department's authority to deny licensure to applicants with a disqualifying criminal history; (5) repealing subsection (f) (fees), which is no longer supported by law; and (6) repealing the unnecessary subsection (i).

The adopted rules add new §60.517, Provisional Licenses. This section implements SB 1818 and authorizes the Department to issue a provisional (temporary) license to an applicant upon filing until the Department completes the processing of an application for a Texas license or recognition of the applicant's out-of-state license.

The adopted rules add new §60.518, Recognition of Out-of-State License of Military Service Members and Military Spouses, which describes the out-of-state license recognition process related to a regulated business or occupation for eligible military service members and their spouses. The adopted rule: (1) pursuant to HB 5629, states the criteria for the Department to recognize an out-of-state occupational license held by a military service member or military spouse; (2) describes the specific prerequisites and procedure by which the Department will grant recognition of out-of-state occupational licenses; (3) requires applicants to pass a criminal background check; (4) states the Department's authority to deny recognition to an applicant with a disqualifying criminal history; and (5) states that the Department must notify an applicant of the disposition of their application within 10 business days. The adopted rules repeal the previous version of this section.

The adopted rules add new §60.520, Fees, which was derived, in part, from previously repealed §60.503, Exemption from Late Renewal Fees. This new rule: (1) waives the initial application and examination fees owed by a military affiliated applicant except those examination fees owed to a third-party vendor; and (2) exempts a military affiliated applicant from payment of late renewal fees during active-duty periods.

The adopted rules repeal §60.503, Exemption from Late Renewal Fees.

The adopted rules repeal §60.512, Expedited Alternative Licensing Requirements--Substantially Equivalent License.

The adopted rules repeal §60.518, Recognition of Out-of-State License of Military Service Members and Military Spouses.

The adopted rules repeal §60.519, License Eligibility--Establishing License Residency Requirement for Out-of-State Military Service Members and Military Spouses.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the September 26, 2025, issue of the Texas Register (50 TexReg 6273). The public comment period closed on October 27, 2025. The Department received comments from 12 interested parties in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on September 15, 2005, the same day that the proposed rules were filed with the Texas Register, but before the official publication of the proposed rules and the official start of the public comment period. The Department did not receive any comments from interested parties on the published proposed rules during the official public comment period. The public comments are summarized below.

Comments in Response to the Posted Summary

Comment: The Department received six comments in support of the proposed rules in this rulemaking.

Department Response: The Department appreciates the comments made in support of the proposed rules in this rulemaking. The Department made no changes to the proposed rules as a result of these comments.

Comment: One commenter opposed the proposed rules and contended that preferential treatment for military affiliated applicants perpetuate existing problems in regulated industries by allowing ill-prepared licensees into the marketplace. Such practices, the commenter noted, hurt Texas consumers.

Department Response: The Department disagrees with this comment and notes that HB 5629 and SB 1818 simply reduce barriers to entry for military affiliated applicants who face unique obstacles due to the complications and rigors associated with military service. Most applicants do not face the same situations faced by military applicants and their families. Moreover, there is no empirical evidence to support the commenter's view that military applicants are not sufficiently trained or capable to engage in the regulated businesses or occupations to which they have applied. The Department rigorously examines each application received from an applicant prior to granting a license or registration. The Department made no changes to the proposed rules as a result of this comment.

Comment: One commenter inquired about the effective date of the proposed changes.

Department Response: The Department appreciates the comment and notes that the effective date of SB 1818 and HB 5629 is September 1, 2025. The effective date of the proposed rules is targeted for December 1, 2025. The Department made no changes to the proposed rules as a result of this comment.

Comment: One commenter requested information regarding assistance for disabled individuals in taking written examinations that are associated with some licensed professions.

Department Response: The Department appreciates the comment and states that this subject was not contemplated as part of this rulemaking and, thus, beyond the scope of this project at this time. The comment, however, will be referred to the appropriate division within the Department for consideration and possible contact with the commenter for assistance. The Department made no changes to the proposed rules as a result of this comment.

Comment: One commenter asked if, as a veteran spouse, one would be required to pay fees.

Department Response: The Department appreciates the comment and notes that the proposed rules apply to military service members, military veterans, and military spouses. Neither HB 5629, SB1818, nor the proposed rules address the spouses of military veterans. Therefore, pursuant to the proposed rules, spouses of a military veteran must continue to pay the required fee for any application. The Department made no changes to the proposed rules as a result of this comment.

Comment: One interested party commenting on the reduction of processing time for applications from military-affiliated applicants from 30 days to 10 business days submitted a multi-part comment which included a request for: (1) the average number applications received during a 10-day period; (2) the average number of applications that could be handled by staff in a given day; and (3) if the staff would be increased to handle an anticipated increased workload possibly imposed by the proposed rules.

Department Response: The Department appreciates the comment received and notes that these concerns have been contemplated and have been taken into account during this rulemaking. In order to address the specific questions raised by the commenter, this comment has been referred to the appropriate division within the Department. The commenter is free to submit a Public Information Act request on the agency's website to receive specific data regarding the questions posed about application processing capabilities. The Department made no changes to the proposed rules as a result of this comment.

Comment: One interested party submitted a multi-part comment stating: (1) agreement that out-of-state active military service members should be exempted from fees and apprenticeship hours based upon their learned experience but questioned whether they would have sufficient knowledge regarding state occupational and trade practices as well as electrical and fire codes. The commenter stated such applicants should be examined on state-specific practices associated with each trade; and (2) disagreed with the 10-business day application processing period for military affiliated applicants.

Department Response: The Department appreciates the comment. The proposed rules provide for extensive Department examination of a military affiliated applicant's verified military service, training, or education when assessing the competency of the individual's skill level and knowledge in a specific regulated profession, as required by Texas Occupations Code §§55.007 and 55.008. The Department is aware that the utmost scrutiny is paramount in determining if an individual is eligible for licensure in this state and exercises care with such determinations. Regarding the 10-day application processing period, the Texas Legislature in HB 5629 mandated the reduced processing time in Texas Occupations Code §55.005. The Department is bound to abide by state law changes, and the proposed rules reflect the same. The Department made no changes to the proposed rules as a result of this comment.

COMMISSION ACTION

At its meeting on October 28, 2025, the Commission adopted the proposed rules as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 55, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and the Federal Servicemembers Civil Relief Act at 50 U.S.C. §4025a, and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 466 (State Lottery); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1806 (Residential Solar Retailers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2001 (Charitable Bingo); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety). No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are proposed to be adopted is Senate Bill 1818 and House Bill 5629, 89th Legislature, Regular Session (2025).

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 November 10, 2025.

TRD-202504080

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: September 26, 2025

For further information, please call: (512) 475-4879

STATUTORY AUTHORITY

The adopted repeals are repealed under Texas Occupations Code, Chapters 51 and 55, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and the Federal Servicemembers Civil Relief Act at 50 U.S.C. §4025a, and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 466 (State Lottery); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1806 (Residential Solar Retailers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2001 (Charitable Bingo); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety). No other statutes, articles, or codes are affected by the adopted repeals.

The legislation that enacted the statutory authority under which the adopted repeals are proposed to be adopted is Senate Bill 1818 and House Bill 5629, 89th Legislature, Regular Session (2025).

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 November 10, 2025.

TRD-202504081

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: September 26, 2025

For further information, please call: (512) 475-4879

CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter D, §111.30 and §111.35; Subchapter E, §§111.40 - 111.42, 111.45, and 111.47; Subchapter F, §§111.51, 111.52, and 111.55; Subchapter H, §111.70; Subchapter I, §§111.80 - 111.82, 111.85, and 111.87; Subchapter J, §§111.90 - 111.92, and 111.95; Subchapter L, §111.115; Subchapter P, §111.150 and §111.154; and Subchapter Q, §111.160; adopts the repeal of existing rules at Subchapter C, §111.22; Subchapter F, §111.50; and Subchapter H, §111.75; and adopts new rules at Subchapter F, §111.50; and Subchapter H, §111.75, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3315). These rules will not be republished.

The Commission also adopts amendments to existing rules at 16 TAC Chapter 111, Subchapter A, §111.2, regarding the Speech-Language Pathologists and Audiologists program, with changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3315). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.

The adopted rules update requirements for all speech-language pathology and audiology license types, including changes relating to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals. The adopted rules are necessary to implement changes recommended by Department staff during the required four-year rule review and changes recommended by the Licensing Workgroup of the Speech Language Pathologist and Audiologist Advisory Board.

Four-Year Rule Review Changes

The adopted rules include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department conducted the required review of Chapter 111, and the Commission readopted the rule chapter in its entirety in its current form. (Proposed Rule Review, 45 TexReg 7281, October 9, 2020. Adopted Rule Review, 46 TexReg 2050, March 26, 2021).

In response to the published Notice of Intent to Review, the Department received multiple public comments from interested parties. Two of those comments related to the rules included in this rules package. (The other public comments have already been addressed in previous separate rulemakings.) One comment suggested adding a licensing exam for speech-language pathology assistants, and the other comment suggested that the requirements for speech-language pathologist assistants are excessive compared to the requirements for physical therapy assistants and certified occupational therapy assistants. The proposed rules do not include any changes made in response to these comments.

The proposed rules include recommendations made by the Department staff during the four-year rule review process to correct and update citations and cross-references, to improve accuracy, readability, and consistency of the rule text, and to implement substantive changes related to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals.

The proposed rules also include recommendations made by the Licensing Workgroup of the Speech Language Pathologist and Audiologist Advisory Board during the four-year rule review process that implement substantive changes related to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals.

SECTION-BY-SECTION SUMMARY

Subchapter A. General Provisions.

The adopted rules amend §111.2, Definitions. The adopted rules add definitions for "ABA Certification," "ASHA CCC," and "Assistant supervision plan"; amend the definition of "Intern in audiology" and amend the terminology for "Intern supervision plan"; repeal the definitions for "Extended absence" and "Supervisory Responsibility Statement (SRS) Form"; and renumber the terms in this section as needed. The adopted rules in this section are part of a larger effort in this rules package to replace the names of the specific supervision forms with the general terms "intern supervision plan" and "assistant supervision plan." A technical correction was made to the proposed rules as published to add language incorrectly struck from the text of §111.2(21), an addition that is reflected in the adopted rules.

Subchapter C. Examinations

The adopted rules repeal §111.22, Waiver of Written Examination Requirement. The adopted rules repeal this separate rule regarding the waiver of the written examination requirement and the issuance of a license to an applicant who holds the American Speech-Language-Hearing Association (ASHA) Certificate of Clinical Competence (CCC) or the American Board of Audiology (ABA) Certification. The waiver of the written examination requirement is already addressed with the waiver of the clinical experience requirement in the existing rules for the Speech-Language Pathology license under §111.35 and for the Audiology license under §111.75. Those provisions have been updated in this rules package.

Subchapter D. Requirements for Speech Language Pathology License.

The adopted rules amend §111.30, Speech-Language Pathology License--Licensing Requirements. The adopted rules amend subsection (a) to comply with plain language principles. The adopted rules amend subsection (b)(1) to remove the requirement of original or certified copies of transcripts of the applicant's conferred master's degree; amend subsection (b)(4) to clarify that an applicant who possesses a master's degree in audiology may apply for a speech-language pathology license only if the degree is from a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education; and amend subsections (b)(5) and (b)(6) to reduce form requirements and add clarifying language. The adopted rules amend subsection (c) to comply with plain language principles. The adopted rules amend subsection (d) by adding clarifying language and an additional option for applicants who have completed ASHA-approved clinical fellowship requirements; remove existing subsection (d)(1) and its requirement that individual applicants are licensed under §111.41 prior to the beginning of the internship; and relocate the existing subsection (d)(2) proof requirements for individuals who completed an internship in another state, to new §111.35(c). The adopted rules amend subsection (e) to comply with plain language principles.

The adopted rules amend §111.35, Speech-Language Pathology License--Application and Eligibility Requirements. The adopted rules update subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The adopted rules relocate the application requirements for persons who hold the ASHA CCC under subsection (d) to new subsection (b); expand the application requirements to include persons who have held the ASHA CCC in the past; provide that the ASHA CCC demonstrates that the applicant has met the education, experience, and written examination requirements; and update and clarify the necessary documentation to be submitted by applicants who hold or have held the ASHA CCC. The adopted rules amend relabeled subsection (c) (former subsection (b)) to update and clarify the necessary documentation for applicants who have never held the ASHA CCC. The adopted rules repeal former subsection (d), regarding persons holding the ASHA CCC and the waiver of the clinical experience and examination requirements. The requirements under former subsection (d) have been updated and relocated to new subsection (b). The adopted rules update the cross-references in subsection (e).

Subchapter E. Requirements for Intern in Speech Language Pathology License.

The adopted rules amend §111.40, Intern in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Work. The adopted rules amend subsection (b) to clarify programs in candidacy status are considered accredited; reduce the form requirements of subsection (b)(1) by repealing the requirement of original or certified copies of transcripts of the applicant's conferred master's degree; amend subsection (b)(4) to require an applicant program to be accredited by a national accrediting organization approved by the Department and recognized by the US Secretary of Education under the Higher Education Act of 1965 and remove language referencing repealed academic and clinical experience requirements; and amend subsections (b)(5) and (b)(6) by reducing form requirements and adding clarifying language. The adopted rules amend subsection (d) to specify that if coursework and clinical experience were earned more than ten years ago, then proof of current knowledge of speech-language pathology may include completing ten hours of CE in the last year, holding a current license in another state, or taking the written examination. The adopted rules amend subsection (e) to clarify that if an applicant whose degree was not officially conferred has completed all education and clinical requirements, then the applicant may be licensed as an intern if the degree was completed at a college or university accredited by the ASHA Council on Academic Accreditation. The adopted rules amend subsection (f) to clarify that a person who completes all education and clinical requirements at a foreign or unaccredited college or university must wait for the official conferment of a master's degree and to repeal automatic approval upon verification.

The adopted rules amend §111.41, Intern in Speech-Language Pathology License--Internship and Supervision Requirements. The adopted rules update subsection (c) by repealing the Intern Plan and Agreement of Supervision Form and requiring an intern to complete supervised professional experience under an intern supervision plan and submit the plan in a form and manner approved by the Department. The adopted rules update subsections (c)(1) through (c)(6) to clarify intern supervision requirements and to require all relevant information to be submitted in a form and manner approved by the Department. The adopted rules update subsection (d)(3) to clarify that professional experience of less than five hours per week must be completed under an approved supervisor but cannot be used to meet the 36-week minimum or be added to the 1,260-hour requirement. The adopted rules update subsection (d)(5) to repeal the option for Department approved alternative plans for dividing thirty-six clock hours of supervisory activities into three segments. The adopted rules amend subsection (e) to remove the internship extension request process and to provide that only hours earned under Texas-licensed supervisors count towards the 36 week, 1,260-hour minimums internship requirements. The adopted rules amend subsection (f) to increase the formal evaluation record retention requirement for both intern and supervisor from three to four years. The adopted rules update subsection (g)(1) to require supervisors to submit a report within 30 days in a prescribed format and follow Departmental guidelines that detail their supervision hours and weeks; update subsection (g)(2) to require supervisors to determine if an intern's hours and weeks are acceptable, and if so, submit an affirmation of their acceptability in a form and manner approved by the Department; update subsection (g)(3) to provide the requirements for a written justification when a supervisor determines that the hours completed under the supervisor's supervision are not acceptable; update subsection (g)(4) to require that if no hours were earned, the intern or supervisor must submit a statement to the Department within 30 days of the end of supervision.

The adopted rules amend §111.42, Intern in Speech-Language Pathology License--Practice and Duties of Interns. The adopted rules amend subsection (a) to clarify a licensed intern must obtain supervised professional experience under a licensed speech-language pathologist approved by the Department. The adopted rules amend subsection (e) to add a requirement for an intern who passed the examination referenced in §111.21 and wishes to continue practicing after completing the internship specified in §111.41(d) to apply for a speech-language pathology license within 30 days of passing the examination. The adopted rules amend subsection (f) to authorize a licensed intern to continue practicing while awaiting the processing of their speech-language pathology license if the intern practices under their current supervisor's license and to reduce form requirements.

The adopted rules amend §111.45, Intern in Speech-Language Pathology License--Application and Eligibility Requirements. The adopted rules amend subsection (a) to clarify the form and manner in which an applicant must submit required information and documentation, with original or certified copies submitted upon request. The adopted rules amend subsection (b) by amending subsection (b)(2) to remove the requirement for a copy of a transcript to be an original or certified; replacing existing subsection (b)(4) with new subsection (b)(3) and clarifying the verification requirements when a graduate degree has not been conferred; relabeling existing subsection (b)(3) to become new subsection (b)(4) and revising its text to clarify the verification requirements for an applicant whose college or university is not accredited by ASHA; repealing the text of existing subsection (b)(4); amending subsection (b)(5) to remove the requirement that the evaluation form be an original and to add the requirement that the transcript evaluation service be approved by ASHA; and amending subsection (b)(6) to remove the form requirement.

The adopted rules amend §111.47, Intern in Speech-Language Pathology License--License Terms; Renewals. The adopted rules amend subsection (a) to clarify an intern license can be renewed annually up to three times; add new subsection (b) to provide the time period within which the internship much be completed and the examination must be passed; and relabel existing subsections (b) through (i) to become new subsections (c) through (j).

Subchapter F. Requirements for Assistant in Speech Language Pathology License.

The adopted rules repeal existing §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. The provisions in this repealed rule have been updated and supplemented under new §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience.

The adopted rules add new §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. This new rule includes provisions from existing §111.50, which is being repealed, and updates and supplements the current requirements and procedures for education and clinical observation and experience. The adopted rules add new subsection (a) to require a license to practice as an assistant in speech-language pathology; add new subsection (b) to provide the degree requirements for a license; add new subsection (c) to provide the course work requirements for a license; add new subsection (d) to provide the clinical observation and experience requirements for a license; add new subsection (e) to provide the requirements for an applicant who has not acquired the required hours under subsection (d); add new subsection (f) to provide the requirements for an applicant whose degree, course work, or clinical observation and experience were earned more than 10 years before the date of application; and add new subsection (g) to prohibit an assistant from performing any duties until the license has been issued and any missing hours are complete.

The adopted rules amend §111.51, Assistant in Speech-Language Pathology License--Supervision Requirements. The adopted rules amend subsection (c) to require an assistant to practice under an assistant supervision plan and provide the requirements for the plan; amend subsection (c)(1) to provide the requirements for department approval; replace existing subsection (c)(2) with language providing when the plan must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and amend its language to provide the requirements when more than one speech-language pathologist agrees to supervise an assistant; relabel existing subsection (c)(3) to become new subsection (c)(4) and amend its language to prohibit an assistant from practicing without an approved supervisor and to require the supervisor to verify that the assistant appears under the supervisor's license; relabel existing subsection (c)(4) to become new subsection (c)(5) and amend its language to require an assistant to only provide services for the caseload of the assistant's current, approved supervisor; relabel existing subsection (c)(5) to become new subsection (c)(6) and amend its language to provide the requirements of the supervisor when the supervisor ceases supervision of the assistant; relabel existing subsection (c)(6) to become new subsection (c)(7) and amend its language to provide the requirements of the assistant when the supervisor ceases supervision. The adopted rules amend subsections (d) and (f) through (k) to make cleanup changes.

The adopted rules amend §111.52, Assistant in Speech-Language Pathology License--Practice and Duties of Assistants. The adopted rules add new subsection (c)(5) to including acting as a translator in the list of duties that a supervisor may assign to an assistant; relabel existing subsections (c)(5) through (c)(7) to become new subsections (c)(6) through (c)(8); add new subsection (c)(9) to include preparing and creating daily notes in the list of duties that a supervisor may assign to an assistant; and relabel existing subsections (c)(8) and (c)(9) to become new subsections (c)(10) and (c)(11). The adopted rules amend subsection (d)(12) to provide that an assistant must not practice without an approved supervisor and to remove the requirement to file a Supervisory Responsibility Statement; amend subsection (d)(16) to provide that an assistant must not demonstrate feeding strategies or precautions to clients, family, or staff; and repeal (d)(19), which consists of provisions that are relocated to subsection (g). The adopted rules amend subsection (e) to conform with plain language principles; add new subsection (g) to provide the terms licensed assistants may and may not use to shorten their professional title; and add new subsection (h) to provide the terms licensed assistants who have earned their ASHA certification may use in their professional title.

The adopted rules amend §111.55, Assistant in Speech-Language Pathology License-- Application and Eligibility Requirements. The adopted rules update subsections (a) and (b)(2)-(3) to reduce form requirements for applicants; add new subsection (b)(4) to provide the requirements when the applicant's transcript is in a language other than English or the degree was earned at a foreign university; relabel existing subsection (b)(4) to become new subsection (b)(5) and update its language to require a university program director or designee to verify 25 hours of clinical observation and 25 hours of clinical assisting experience; relabel existing subsection (b)(5) to become new subsection (b)(6) and update its language to require an applicant to complete any missing hours under direct supervision from an approved supervisor up license issuance; and relabel existing subsections (b)(6) and (b)(7) to become new subsections (b)(7) and (b)(8).

Subchapter H. Requirements for Audiology License

The adopted rules amend §111.70, Audiology License--Licensing Requirements. The adopted rules amend subsection (a) to comply with plain language principles; amend subsection (c) to reduce form requirements and to provide that the transcript evaluation service must be approved by ASHA; amend subsection (d) to comply with plain language principles and rephrase language for clarity; and amend subsection (e) to comply with plain language principles. The adopted rules repeal existing subsection (f), which addresses persons who previously held the ASHA CCC or the ABA certification. Those requirements have been updated and are addressed in the adopted rules under new §111.75(b).

The adopted rules repeal existing §111.75, Audiology License--Application and Eligibility Requirements. The provisions in this repealed rule have been updated and supplemented under new §111.75, Audiology License--Application and Eligibility Requirements.

The adopted rules add new §111.75, Audiology License--Application and Eligibility Requirements. This new rule includes provisions from existing §111.75, which has been repealed, and updates and supplements the current application and eligibility requirements. The adopted rules add new subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The adopted rules add new subsection (b) to expand the existing application requirements to include persons who have held the ASHA CCC or ABA Certification in the past; provide that the ASHA CCC or ABA Certification demonstrates that the applicant has met the education, experience, and written examination requirements; and update and specify the documents that must be submitted by an applicant for an audiology license who holds or has held the ASHA CCC or ABA Certification. The adopted rules add new subsection (c) to specify the documents that must be submitted by an applicant who has never held the ASHA CCC or ABA Certification; add new subsection (d) to require an applicant to submit fingerprints and successfully pass a criminal history background check; add new subsection (e) to provide the requirements for an applicant seeking to upgrade an intern in audiology license to an audiology license; and add new subsection (f) to provide that an applicant must complete all licensing requirements within one year from the date the application was submitted.

Subchapter I. Requirements for Intern in Audiology License

The adopted rules amend §111.80, Intern in Audiology License--Licensing Requirements--Education. The adopted rules amend subsection (a) to comply with plain language principles; add clarifying language to subsections (b) and (c) regarding education requirements; and repeal subsection (d), which consists of language that is relocated to new §111.85(b)(2).

The adopted rules amend §111.81, Intern in Audiology License--Internship and Supervision Requirements. The adopted rules amend subsection (c) to require an intern to complete the supervised professional experience under an intern supervision plan that must be submitted to the Department; rephrase subsection (c)(1) for clarity; add new subsection (c)(2) to specify when an intern supervision must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and update its language to specify the requirements when more than one audiologist agrees to supervise an intern; relabel existing subsection (c)(3) to become new subsection (c)(4) and update its language to require the supervisor to verify that the intern appears under the supervisor's license before allowing the intern to practice; relabel existing subsection (c)(4) to become new subsection (c)(5) and update its language to provide that the supervisor is responsible for the practice of the intern until the intern is removed from the supervisor's license; and relabel existing subsection (c)(5) to become new subsection (c)(6) and update its language to provide that an intern whose supervisor ceases supervision may not practice until the intern has a new approved supervisor and has been added to a new supervisor's license. The adopted rules amend subsection (d) to comply with plain language principles; remove existing subsection (d)(2) and its requirement that an internship consist of 1,600 hours of supervised clinical work and replaces it with new (d)(2) which requires all internships consist of supervised professional experience conducted under the direction of a professionally recognized accredited doctoral program as approved by the department. The adopted rules repeal subsection (e), which described the procedures related to the Audiology Intern Plan and Agreement of Supervision Form, as this Form is no longer required due to the adopted rules' amendment of §111.81(c). The adopted rules also relabel existing subsection (f) to become new subsection (e).

The adopted rules amend §111.82, Intern in Audiology License--Practice and Duties of Interns. The adopted rules amend subsection (a) to clarify that a licensed audiology intern must obtain supervised professional experience under an approved audiologist. The adopted rules amend subsection (c) to reduce form requirements.

The adopted rules amend §111.85, Intern in Audiology License--Application and Eligibility Requirements. The adopted rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The adopted rules amend subsection (b) to reduce form requirements and require all information and documentation to be submitted in a form and manner prescribed by the Department.

The adopted rules amend §111.87, Intern in Audiology License--License Terms; Renewals. The adopted rules amend subsection (a) to provide that an audiology intern license is valid for two years and can be renewed biennially. The adopted rules amend subsection (c)(2) to reduce form requirements.

Subchapter J. Requirements for Assistant in Audiology License

The adopted rules amend §111.90, Assistant in Audiology License--Licensing Requirements--Education and Training. The adopted rules amend subsections (a) and (b) to comply with plain language principles. The adopted rules amend subsection (b)(3) to specify that an applicant must hold a baccalaureate degree; amend subsection (b)(4) to clarify that an assistant must work under an approved supervisor and an assistant supervision plan approved by the Department; amend subsection (b)(5) to require an assistant to agree to complete a minimum of 25 hours of job-specific competency-based training conducted by the supervisor upon the initial issuance of the license; and add new subsection (b)(6) to require an assistant to complete all training hours under the supervision of an approved supervisor. The adopted rules replace the language of subsection (c) with new language providing when an assistant may begin to practice.

The adopted rules amend §111.91, Assistant in Audiology License--Supervision Requirements. The adopted rules amend subsection (c) to remove references to the Supervisory Responsibility Statement Form and to provide that a supervisor must ensure all training hours completed by the assistant are supervised; amend subsection (c)(1) to provide that Department approval is required prior to any changes in supervision; add new subsection (c)(2) to specify when an assistant supervision plan must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and amend its language to provide the supervisor responsibilities for when more than one audiologist agrees to supervise the assistant; relabel existing subsection (c)(3) to become new subsection (c)(4) and amend its language to provide that the supervisor must verify that the assistant appears under the supervisor's license before allowing the assistant to practice; relabel existing subsection (c)(4) to become new subsection (c)(5) and amend its language to provide that the assistant must only provide services for the clients of the assistant's current, approved supervisors; relabel existing subsection (c)(5) to become new subsection (c)(6) and amend its language to provide that a supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor's license; relabel existing subsection (c)(6) to become new subsection (c)(7) and amend its language to provide that, if the assistant's supervisor ceases supervision, the assistant may not practice until the assistant has a new approved supervisor. The adopted rules add new subsection (d) to provide that an assistant must practice under an assistant supervision plan, which must be submitted to the Department. The adopted rules relabel existing subsections (d) through (j) to become new subsections (e) through (k) and amend their language to comply with plain language principles.

Notably, the adopted rules relabel former subsection (f) to become new subsection (g) and amend its language to reduce the minimum amount of supervision for audiology assistants from 10 hours per week to four hours per week, or alternatively, from 40 hours per month to 16 hours per month. The amended language of new subsection (g) also requires at least one hour per week or four hours per month of the total supervision to be under direct supervision.

The adopted rules amend §111.92, Assistant in Audiology License--Practice and Duties of Assistants. The adopted rules amend subsection (d) to comply with plain language principles and amend subsection (d)(18) to remove the requirement for a Supervisory Responsibility Statement for an Audiology Assistant Form to be on file with the Department and replace it with the requirement for an approved supervisor.

The adopted rules amend §111.95, Assistant in Audiology License--Application and Eligibility Requirements. The adopted rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The adopted rules amend subsection (b)(2) to reduce form requirements; amend subsection (b)(4) to allow a copy of a high school diploma; amend subsection (b)(5) to remove the requirement for an original or certified copy of the CAOHC certificate; and amend subsection (b)(6) to clarify the requirements for an applicant who holds a baccalaureate degree or higher in communicative sciences or disorders.

Subchapter L. Requirements for Dual License in Intern in Speech-Language Pathology and Audiology

The adopted rules amend §111.115, Dual License in Speech-Language Pathology and Audiology--Application and Eligibility Requirements. The adopted rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The adopted rules amend subsection (d) to provide the documentation requirements for an applicant who holds or has held the ASHA CCC or ABA Certification.

Subchapter P. Responsibilities of the Licensee and Code of Ethics

The adopted rules amend §111.150, Changes of Name, Address, or Other Information. The adopted rules amend subsection (a) to require a licensee to provide the Department with a contact phone number and a valid email address and to repeal the requirement that a licensee provide the Department with current employment information. The adopted rules amend subsections (a) and (c) to comply with plain language principles.

The adopted rules amend the title of §111.154 from "Requirements, Duties, and Responsibilities of Supervisors and Persons Being Supervised" to "Supervision Requirements and Responsibilities." The adopted rules add new subsection (a) to provide that a licensee who wants to supervise an intern or assistant must meet the requirements under this section and be approved by the Department. The adopted rules relabel existing subsection (a) to become new subsection (b) and restructure its language to include new subsection (b)(1) and new subsection (b)(2) to specify the experience requirements. The adopted rules relocate the language of existing subsection (b), regarding supervising family members, to new subsection (d). The adopted rules add new subsection (c) to provide that a licensee must hold the appropriate license type to supervise; relabel existing subsections (c) through (e) to become new subsections (c)(1) through (c)(3); and remove unnecessary language. The adopted rules add new subsection (d), regarding supervising family members, which has been relocated from existing subsection (b). The adopted rules add new subsection (e) to provide that a licensee may not supervise if the licensee has any current sanctions. The adopted rules amend subsections (f) through (h) to provide headings and to comply with plain language principles.

Subchapter Q. Fees

The adopted rules amend §111.160, Fees. The adopted rules amend subsection (f)(1) and extend the license term for an initial audiology intern license from one year to two years. The $75 fee for the initial audiology intern license remains unchanged. The adopted rules amend subsection (f)(2) and extend the license term for a renewed audiology intern license from one year to two years. The $75 fee for the renewal of an audiology intern license remains unchanged.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the June 6, 2025, issue of the Texas Register (50 TexReg 3315). The public comment period closed on July 7, 2025. The Department received comments from two interested parties in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on May 27, 2025, the same day that the proposed rules were filed with the Texas Register, but before the official publication of the proposed rules and the official start of the public comment period. The Department received comments from two interested parties on the published proposed rules during the official public comment period. The public comments are summarized below.

Comments in Response to the Posted Summary

Comment: The first comment, submitted by an individual, requested that the Department not repeal the clinical deficiency plan option for speech-language pathology assistants. The clinical deficiency plan option is currently authorized by §111.50(e) but would be repealed by the proposed rule amendments.

Department Response: The Department disagrees with this comment. During the Speech Language Pathologists and Audiologists Advisory Board meeting (Advisory Board) on April 29, 2025, the Advisory Board agreed without discussion to repeal that clinical deficiency plan option. This comment was presented at the Advisory Board meeting on July 28, 2025, and the Advisory Board declined to take any action in response to this comment. Thus, the Department did not make any changes to the proposed rules because of this comment.

Comment: The second comment, submitted by an individual, requested that the Department "change supervision requirements" without specifying which requirements should be changed, or what changes should be made.

Department Response: The Department disagrees with this comment. The Department cannot implement this request, as the comment lacks sufficient specificity to allow the Department to add, repeal, or amend the supervision requirements under Chapter 111. This comment was presented at the Advisory Board meeting on July 28, 2025, and the Advisory Board declined to take any action in response to this comment. Thus, the Department did not make any changes to the proposed rules because of this comment.

Comments in Response to the Published Proposed Rules

Comment: The third comment, submitted by the American Speech-Language-Hearing Association (ASHA), was in support of the proposed rules, with amendments. The comment requested that the Department make a variety of amendments to the proposed rules, including: (1) add notification requirements if a supervisor ceases supervision of an intern; (2) change the degree requirements for college or university; (3) increase the number of hours of direct supervision from 50 to 100; (4) rename "assistant speech-language pathologist;" (5) add a recommendation that speech-language pathology assistants "actively" pursue continuing education and professional development activities; (6) require that the submission and review of Assistant Supervision Plans be completed in a timely manner; (7) require a speech-language pathology assistant meet certain requirements regarding administering and scoring screenings for clinical interpretation, and require the assistant's supervising speech-language pathologist verify the competence of the assistant who performs the administration and scoring; (8) make changes to the professional titles authorized for use by a licensed speech-language pathologist assistant; (9) change the supervision limits so that speech-language pathologists supervise no more than three full-time equivalent assistants for any setting; and (10) clarify submission requirements in rules that regulate both ASHA-approved transcript evaluation services and ASHA verification.

Department Response: The Department disagrees with this comment. In general, the comments requested changes that either require statutory changes to implement or would modify rules already discussed and approved during workgroup meetings between the Department and members of the Advisory Board and approved by the Advisory Board at its April 29, 2025, meeting. This comment was presented at the Advisory Board meeting on July 28, 2025, and the Advisory Board declined to take any action in response to this comment. Thus, the Department did not make any changes to the proposed rules because of this comment.

Comment: The fourth comment, submitted by an individual, requested that the Department provide clarification about the supervision requirements for assistants in speech-language pathology, specifically regarding initial client contacts as delineated in §111.51(f). The comment asked a series of questions regarding initial client contacts between speech-language pathologists, assistants in speech-language pathology, and clients. The comment requested clarification on what initial client contacts are intended to look like in a variety of employment settings.

Department Response: The Department disagrees with this comment, as it is not related to the amendments proposed by this rule package. Specifically, the proposed rules do not make substantive changes to §111.51(f), and the changes suggested by the commenter would require additional research and discussion by both the Department and the Advisory Board and potentially substantive changes to the rules. Also, this comment was presented at the Advisory Board meeting on July 28, 2025, and the Advisory Board declined to take any action in response to this comment. Thus, the Department did not make any changes to the proposed rules because of this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Speech-Language Pathologists and Audiologists Advisory Board met on July 28, 2025, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §111.2 made in response to the Department's recommendations. At its meeting on October 28, 2025, the Commission adopted the proposed rules with changes as recommended by the Advisory Board.

SUBCHAPTER A. GENERAL PROVISIONS

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

§111.2. Definitions.

Unless the context clearly indicates otherwise, the following words and terms must have the following meanings.

(1) ABA--The American Board of Audiology.

(2) ABA Certification--The certification issued to a person who meets the education and professional practice requirements established by ABA.

(3) Act--Texas Occupations Code, Chapter 401, relating to Speech-Language Pathologists and Audiologists.

(4) Acts--Texas Occupations Code, Chapter 401, relating to Speech-Language Pathologists and Audiologists; and Texas Occupations Code, Chapter 402, relating to Hearing Instrument Fitters and Dispensers.

(5) Advisory board--The Speech-Language Pathologists and Audiologists Advisory Board.

(6) ASHA--The American Speech-Language-Hearing Association.

(7) ASHA CCC--ASHA Certificate of Clinical Competence. The certificate issued to a person who meets the education, examination, and clinical fellowship requirements established by ASHA.

(8) Assistant in audiology--An individual licensed under Texas Occupations Code §401.312 and §111.90 of this chapter and who provides audiological support services to clinical programs under the supervision of an audiologist licensed under the Act.

(9) Assistant in speech-language pathology--An individual licensed under Texas Occupations Code §401.312 and §111.60 of this chapter and who provides speech-language pathology support services under the supervision of a speech-language pathologist licensed under the Act.

(10) Assistant supervision plan (for Assistants in Audiology or Speech-Language Pathology)--An agreement between a supervisor and an assistant in which the parties enter into a supervisory relationship, the supervisor agrees to assume responsibility for the assistant's activities, and the assistant agrees to perform only those activities assigned by the supervisor that are not prohibited under this chapter.

(11) Audiologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304 to practice audiology.

(12) Audiology--The application of nonmedical principles, methods, and procedures for measurement, testing, appraisal, prediction, consultation, counseling, habilitation, rehabilitation, or instruction related to disorders of the auditory or vestibular systems for the purpose of providing or offering to provide services modifying communication disorders involving speech, language, or auditory or vestibular function or other aberrant behavior relating to hearing loss.

(13) Caseload--The number of clients served by the licensed speech-language pathologist or licensed speech-language pathology intern.

(14) Client--A consumer or proposed consumer of audiology or speech-language pathology services.

(15) Commission--The Texas Commission of Licensing and Regulation.

(16) Department--The Texas Department of Licensing and Regulation.

(17) Direct Supervision (Speech-Language Pathology and Audiology)--Real-time observation and guidance by the supervisor while a client contact or clinical activity or service is performed by the assistant or intern. Direct supervision may be performed in person or via tele-supervision as authorized and prescribed by this chapter.

(18) Ear specialist--A licensed physician who specializes in diseases of the ear and is medically trained to identify the symptoms of deafness in the context of the total health of the client, and is qualified by special training to diagnose and treat hearing loss. Such physicians are also known as otolaryngologists, otologists, neurotologists, otorhinolaryngologists, and ear, nose, and throat specialists.

(19) Executive director--The executive director of the department.

(20) Extended recheck--Starting at 40 dB and going down by 10 dB until no response is obtained or until 20 dB is reached and then up by 5 dB until a response is obtained. The frequencies to be evaluated are 1,000, 2,000, and 4,000 hertz (Hz).

(21) Fitting and dispensing hearing instruments--The measurement of human hearing by the use of an audiometer or other means to make selections, adaptations, or sales of hearing instruments. The term includes prescribing, ordering, or authorizing the use of hearing instruments, the making of impressions for earmolds to be used as a part of the hearing instruments, and providing any necessary postfitting counseling for the purpose of fitting and dispensing hearing instruments.

(22) Hearing aid--Any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. The term includes hearing instruments and over-the-counter hearing aids.

(23) Hearing instrument--A prescription hearing aid as that term is defined in 21 C.F.R. Section 800.30.

(24) Hearing screening--A test administered with pass/fail results for the purpose of rapidly identifying those persons with possible hearing impairment which has the potential of interfering with communication.

(25) In-person--The licensee is physically present with the client while a client contact or clinical activity or service is performed. In the case of supervision, the supervisor is physically present with the assistant or intern while a client contact or clinical activity or service is performed.

(26) Indirect supervision (Speech-Language Pathology and Audiology)--The supervisor performs monitoring activities or provides guidance to the assistant or intern, either of which does not occur during actual client contact by the assistant or intern or while the assistant or intern is providing a clinical activity or service. Tele-supervision may be used for indirect supervision as authorized and prescribed under this chapter.

(27) Intern in audiology--An individual licensed under Texas Occupations Code §401.311 and §111.80 of this chapter and who is supervised by an individual who holds an audiology license under Texas Occupations Code §401.302 and §401.304. An intern in audiology is also referred to as a fourth-year student or an extern in the profession.

(28) Intern in speech-language pathology--An individual licensed under Texas Occupations Code §401.311 and §111.40 of this chapter and who is supervised by an individual who holds a speech-language pathology license under Texas Occupations Code §401.302 and §401.304.

(29) Intern supervision plan (for Interns in Speech-Language Pathology and Audiology)--An agreement between a supervisor and an intern in which the parties enter into a supervisory relationship and the supervisor agrees to assume responsibility for all services provided by the intern.

(30) Over-the-counter hearing aid--The term has the meaning assigned by 21 C.F.R. Section 800.30.

(31) Provisional Licensee--An individual granted a provisional license under Texas Occupations Code §401.308.

(32) Sale--The term includes a lease, rental, or any other purchase or exchange for value. The term does not include a sale at wholesale by a manufacturer to a person licensed under the Act or to a distributor for distribution and sale to a person licensed under the Act.

(33) Speech-language pathologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304, to practice speech-language pathology.

(34) Speech-language pathology--The application of nonmedical principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, habilitation, rehabilitation, or instruction related to the development and disorders of communication, including speech, voice, language, oral pharyngeal function, or cognitive processes, for the purpose of evaluating, preventing, or modifying or offering to evaluate, prevent, or modify those disorders and conditions in an individual or a group.

(35) Supervisor--An individual who holds a license under Texas Occupations Code §401.302 and §401.304 and whom the department has approved to oversee the services provided by the assigned assistant and/or intern. The term "supervisor" and "department-approved supervisor" have the same meaning as used throughout this chapter.

(36) Telehealth--See definition(s) in Subchapter V, Telehealth.

(37) Tele-supervision--Supervision of interns or assistants that is provided remotely using telecommunications technology.

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 November 10, 2025.

TRD-202504087

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER C. EXAMINATIONS

STATUTORY AUTHORITY

The adopted repeal is repealed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted repeal is also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted repeals.

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 November 10, 2025.

TRD-202504088

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER D. REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504089

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER E. REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504090

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE

STATUTORY AUTHORITY

The adopted repeal is repealed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted repeal is also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted repeals.

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 November 10, 2025.

TRD-202504091

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504092

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504093

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

STATUTORY AUTHORITY

The adopted repeal is repealed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted repeal is also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted repeals.

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 November 10, 2025.

TRD-202504094

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER I. REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504096

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER J. REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504097

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER L. REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504098

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER P. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504099

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

SUBCHAPTER Q. FEES

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the adopted rules.

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 November 10, 2025.

TRD-202504100

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: June 6, 2025

For further information, please call: (512) 475-4879

CHAPTER 140. ADMINISTRATION OF TEXAS LOTTERY AND CHARITABLE BINGO

SUBCHAPTER A. LOTTERY PROCUREMENT, LOTTERY ADVISORY COMMITTEE, AND BINGO ADVISORY COMMITTEE

The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 140, Subchapter A, §140.1 and §140.2, regarding the Texas Lottery and Charitable Bingo program, without changes to the proposed text as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6182). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 140, implement Texas Government Code, Chapter 466, State Lottery; Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation; and Chapter 2001, Bingo.

The adopted rules are necessary to implement Senate Bill (SB) 3070, 89th Legislature, Regular Session (2025), which transferred administration of the state lottery and the licensing and regulation of charitable bingo to the Texas Department of Licensing and Regulation (Department) on September 1, 2025. SB 3070 requires the Commission to establish a lottery advisory committee and a bingo advisory committee and requires both advisory committees to meet at least quarterly. SB 3070 requires the Commission, as soon as practicable after the effective date of the act, to appoint members to both advisory committees and adopt rules to govern the operations of the committees. The adopted rules establish the member composition, appointment procedures, terms, and meeting requirements for the lottery advisory committee and bingo advisory committee.

The adopted rules are identical to the emergency rules adopted by the Commission at its August 21, 2025, meeting, except that clarifying language is added to §140.1(d)(1) and §140.2(d)(1) to provide for staggered terms of advisory committee members. Those emergency rules were filed with the Texas Register on August 22, 2025, and took effect 20 days later on September 11, 2025.

SECTION-BY-SECTION SUMMARY

The adopted rules add §140.1, Lottery Advisory Committee.

The adopted rules add §140.1(a), which ensures that words and terms used in the section are defined in the context of the relevant statutes.

The adopted rules add §140.1(b), which provides the membership composition of the advisory committee and the procedure for appointment of its members.

The adopted rules add §140.1(c), which provides eligibility requirements for advisory committee members, including requirements that any necessary licenses be issued by Texas and remain in good standing, that public members not have interests in lottery operations, that members meet criminal history standards, and that applicants for membership provide complete and accurate information.

The adopted rules add §140.1(d), which provides the term length for advisory committee members, the process for filling a vacancy, the process of appointing a presiding officer, the prohibition against compensation or reimbursement for serving as a member, and the process for removing a member.

The adopted rules add §140.1(e), which provides meeting requirements, including quarterly meetings, the number of members required for a quorum, majority voting, open meetings, and provisions relating to meetings held by videoconference.

The adopted rules add §140.1(f), which provides the duties of the advisory committee, including advising the commission and department, providing input on proposed lottery rules, reporting on committee activities, and briefing on advancements and challenges in the lottery industry.

The adopted rules add §140.1(g), which establishes the process by which public comments may be provided to the advisory committee in writing via email or orally at a public meeting of the advisory committee.

The adopted rules add §140.1(h), which clarifies that Texas Government Code, Chapter 2110, does not apply to the advisory committee.

The adopted rules add §140.2, Bingo Advisory Committee.

The adopted rules add §140.2(a), which ensures that words and terms used in the section are defined in the context of the relevant statutes.

The adopted rules add §140.2(b), which provides the membership composition of the advisory committee and the procedure for appointment of its members.

The adopted rules add §140.2(c), which provides eligibility requirements for advisory committee members, including requirements that any necessary licenses be issued by Texas and remain in good standing, that members not be delinquent in payment of prize fees, that public members not be associated with certain licensees, that members meet criminal history standards, and that applicants for membership provide complete and accurate information.

The adopted rules add §140.2(d), which provides the term length for advisory committee members, the process for filling a vacancy, the process of appointing a presiding officer, the prohibition against compensation or reimbursement for serving as a member, and the process for removing a member.

The adopted rules add §140.2(e), which provides meeting requirements, including quarterly meetings, the number of members required for a quorum, majority voting, open meetings, and provisions relating to meetings held by videoconference.

The adopted rules add §140.2(f), which provides the duties of the advisory committee, including advising the commission and department, providing input on proposed bingo rules, reporting on committee activities, and briefing on advancements and challenges in the bingo industry.

The adopted rules add §140.2(g), which clarifies that Texas Government Code, Chapter 2110, does not apply to the advisory committee.

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

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the September 19, 2025, issue of the Texas Register (50 TexReg 6182). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on October 20, 2025. The Department received comments from one interested party on the proposed rules. The public comments are summarized below.

Comment: The organization Texans for Charitable Bingo suggested including a licensed manufacturer and a licensed distributor as listed representatives in rule to serve on the Bingo Advisory Committee.

Department Response: The Department agrees that licensed manufacturers and licensed distributors should be represented on the Bingo Advisory Committee. Proposed §140.2 does not prohibit the appointment of manufacturers or distributors, and it requires appointment of members that represent a balance of interests, as is also required by Texas Occupations Code §2001.057(a). Additionally, existing rule at 16 TAC §141.102(b) requires appointment of members representing licensed manufacturers and licensed distributors, so proposed §140.2 should be read in conjunction with existing §141.102 to reach the result suggested by the comment. The Department did not make any changes to the proposed rules as a result of the comment; however, the Department intends to work with the Bingo Advisory Committee to determine what future rule changes should be made to address the issue raised in the comment.

COMMISSION ACTION

At its meeting on October 28, 2025, the Commission adopted the proposed rules as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Government Code, Chapter 466, and Texas Occupations Code, Chapters 51 and 2001, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Government Code, Chapter 466, and Texas Occupations Code, Chapters 51 and 2001. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are to be adopted is Senate Bill 3070, 89th Legislature, Regular Session (2025).

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 November 10, 2025.

TRD-202504085

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: December 1, 2025

Proposal publication date: September 19, 2025

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