TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 13. HEALTH PLANNING AND RESOURCE DEVELOPMENT
SUBCHAPTER
G.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §13.81, concerning Purpose; §13.82, concerning Definitions; §13.83, concerning Grant Application Procedures; §13.84, concerning Program Funding and Award Amounts; §13.85, concerning Award Criteria and Selection for Funding; §13.86, concerning General Information; and §13.87, concerning Reporting.
Section 13.81 is adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4204) with the addition of the Correction of Error notice published in the August 8, 2025, issue of the Texas Register (50 TexReg 5256). Sections 13.82 - 13.87 are adopted without changes to the proposed text as published in the July 25, 2025, issue of the Texas Register (50 TexReg 4204). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the amendments is to broaden language to ensure program rules are not more restrictive than statute. Throughout the rules, the term "Request for Applications" is replaced with the more general term "solicitation." The proposed amendments remove requirements for "short-term and long-term" performance measures and remove language related to priority selection, which will instead be defined in each solicitation. The amendments improve flexibility in implementation of the grant program and increase accessibility to grant funds for health care facilities. Additionally, amendments reflect rule writing standards and plain language expectations to ensure clarity and readability.
COMMENTS
The 31-day comment period ended August 25, 2025.
During this period, DSHS received seven comments regarding the proposed rules from three commenters. DSHS received comments from the Texas Hospital Association, Texas Organization of Rural & Community Hospitals, and Texas Organization for Nursing Leadership. A summary of comments relating to the rules and DSHS' responses follows.
Comment: The commenters pointed out that there was an error in §13.81.
Response: DSHS agrees and notes that a Correction of Error notice was published in the August 8, 2025, issue of the Texas Register (50 TexReg 5256).
Comment: The commenters disagreed with the definition of the Workplace Violence Grant Program in §13.82, Definitions. The commenters asserted that the rules unnecessarily limit the pool of potential grant applicants by defining the grant program as "supporting health care facilities to protect nurses from violence." They proposed redefining it as "a grant program supporting innovative approaches for health care facilities to protect nurses from violence." Their proposed definition aims to broaden the pool of eligible applicants beyond health care facilities.
Response: DSHS disagrees and declines to revise the rule in response to this comment. DSHS believes that the statutory language supports the agency's interpretation that the funding of grants is to hospitals, freestanding emergency medical care facilities, nursing facilities, and home health agencies. The legislative intent of the enabling bill also supports the agency's interpretation. Further, the Author's Statement of Intent notes that "H.B. 280 seeks to alleviate the trauma of workplace violence by providing grants to hospitals and other health facilities to implement innovative approaches unique to each facility and region to reduce the severity and frequency of these occurrences."
Comment: The commenters encouraged the agency to evaluate avenues for streamlining the grant application procedures and reporting processes that may be cumbersome and time-consuming.
Response: DSHS declines to make any changes to §13.83, Grant Applications Procedures, as the current rule is general and allows for procedures to be determined by each Request for Application. DSHS will continue working with Purchasing and Contracting Services to make future solicitations as streamlined as possible.
Comment: The commenters noted concerns regarding delays in the awarding of funding and selection for funding stages, and believe that greater flexibility in project implementation could help mitigate challenges related to such delays.
Response: DSHS declines to make any changes to §13.83, Grant Applications Procedures, as the current rule is general and allows for procedures to be determined by each Request for Application. DSHS will continue working with Purchasing and Contracting Services to make future solicitations as streamlined and timely as possible.
Comment: The commenters recommended updating §13.85, Award Criteria and Selection for Funding. They point out that statutory reference to the Nursing Advisory Committee defined by Health and Safety Code §104.155, which was abolished effective September 1, 2025, needs to be updated.
Response: DSHS declines to make this revision on this rule project. The statutory reference will be updated through a separate rule project to allow for public input on the amended language.
Comment: The commenters requested conforming changes to language in §13.85, Award Criteria and Selection for Funding, to align with their proposed revision to how the grant program is defined.
Response: DSHS disagrees with the original proposal to redefine the grant program and declines to make conforming changes to this rule.
Comment: The commenters proposed repealing §13.85(d)(3) as reporting is already required in §13.87.
Response: DSHS disagrees and declines to make this revision. These two rules relate to separate processes. §13.85, Award Criteria and Selection for Funding, relates to the application process itself and what is included in the application while §13.87, Reporting, relates to the reporting requirements during the grant period.
STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, and Texas Health and Safety Code §105.011(e) which provides that the executive commissioner shall adopt rules to implement the grant program, including rules governing the submission and approval of grant requests and establishing a reporting procedure for grant recipients.
§13.81.
The purpose of this subchapter is to implement Texas Health and Safety Code §105.011. The Workplace Violence Against Nurses Prevention Grant Program authorizes the Department of State Health Services to award grant payments to fund innovative approaches to reduce verbal and physical violence against nurses in hospitals, freestanding emergency medical care facilities, nursing facilities, and home health agencies.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503777
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: July 25, 2025
For further information, please call: (512) 517-6902
CHAPTER 229. FOOD AND DRUG
SUBCHAPTER
T.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of 25 Texas Administrative Code (TAC) Chapter 229, Subchapter T, concerning Licensure of Tanning Facilities, which consists of §§229.341 - 229.357. The repeals are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3364). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to comply with Health and Safety Code Chapter 145 as amended by Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session, 2015. S.B. 202 is related to the transfer of certain occupational regulatory programs and the deregulation of certain activities and occupations. S.B. 202 amended certain provisions in Health and Safety Code Chapter 145, relating to the licensing and regulation of tanning facilities, including the removal of the requirement to license. Subchapter T is being repealed because the requirement for DSHS to license tanning facilities no longer exists.
COMMENTS
The 31-day comment period ended July 7, 2025.
During this period, DSHS received comments regarding the proposed rule repeals from one commenter from UT Southwestern Medical Center. A summary of the comment relating to the Licensure of Tanning Facilities and DSHS's responses follows.
Comment: One commenter requested that HHSC reconsider "the removal of state-level monitoring, or, at the very least, enlist local public health institutions to implement some degree of oversight and regulation at indoor tanning facilities." The commenter warns that deregulation could increase public health risks, particularly skin cancers.
Response: DSHS no longer has the authority to license tanning facilities; no changes were made to the repeals.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001; and Health and Safety Code §431.241.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503793
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: June 6, 2025
For further information, please call: (512) 834-6755
CHAPTER 401. MENTAL HEALTH SYSTEM ADMINISTRATION
SUBCHAPTER
G.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 401, consisting of §401.464, concerning Notification and Appeals Process. The repeal of §401.464 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2890) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to delete an obsolete rule in Title 25, Texas Administrative Code (TAC), Chapter 401, Subchapter G, adopted in 1994. HHSC addresses the topic of this rule in similar rules located in 26 TAC, Chapter 301, Subchapter D.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority; and Texas Health and Safety Code §534.0675, which requires the executive commissioner to establish by rule a uniform procedure that each local mental health authority shall use relating to the right to appeal denial, reduction or termination of services.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503778
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
CHAPTER 404. PROTECTION OF CLIENTS AND STAFF--MENTAL HEALTH SERVICES
SUBCHAPTER
E.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 404, consisting of §404.168, concerning References; and §404.169, concerning Distribution. The repeals of §404.168 and §404.169 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2891) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 404, Subchapter E, adopted in 1996. The rules are no longer necessary.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeals.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503779
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
CHAPTER 405. PATIENT CARE--MENTAL HEALTH SERVICES
SUBCHAPTER
E.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 405, consisting of §405.116, concerning Distribution. The repeal of §405.116 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2892) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to delete an obsolete rule in Title 25, Texas Administrative Code, Chapter 405, Subchapter E, adopted in 1993. Senate Bill 800, 87th Legislature, Regular Session, 2021, repealed the requirement to submit an annual report.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503780
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
CHAPTER 411. STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER
B.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 411, consisting of §411.61, concerning Memorandum of Understanding Concerning Capacity Assessment for Self-Care and Financial Management; §411.62, concerning Memorandum of Understanding concerning Continuity of Care System for Offenders with Mental Impairments; and §411.64, concerning Memorandum of Understanding (MOU) on Relocation Pilot Program. The repeals of §§411.61, 411.62, and 411.64 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2893) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 411, Subchapter B, adopted in 1999 and 2003. Texas Health and Safety Code §533.044 and 40 TAC, §71.104, have been repealed. Additionally, Texas Health and Safety Code §614.013 no longer requires an MOU to be formally adopted by rule.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeals.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503783
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 412, consisting of §412.63 concerning References; §412.64, concerning Distribution; §412.114, concerning References; and §412.115, concerning Distribution. The repeals of §§412.63, 412.64, 412.114, and 412.115 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2894) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 412, Local Mental Health Authority Responsibilities, Subchapter B and Subchapter C. The rules are outdated and no longer necessary.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeals.
SUBCHAPTER
B.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503785
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
SUBCHAPTER
C.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503786
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
CHAPTER 414. RIGHTS AND PROTECTIONS OF PERSONS RECEIVING MENTAL HEALTH SERVICES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 414, consisting of §414.414, concerning References; §414.415, concerning Distribution; §414.508, concerning References; §414.509, concerning Distribution; §414.551, concerning Purpose; §414.552, concerning Application; §414.553, concerning Definitions; §414.554, concerning Responsibilities of Local Authorities, Community Centers, and Contractors; §414.555, concerning Information To Be Provided to Victim or Alleged Victim and Others; §414.556, concerning Investigations Conducted by the Texas Department of Protective and Regulatory Services (TDPRS); §414.557, concerning Disciplinary and Other Action; §414.558, concerning Data Reporting Responsibilities; §414.559, concerning Confidentiality of Investigative Process and Report; §414.560, concerning Competency of Employees and Agents; §414.561, concerning TDMHMR Oversight Responsibilities; §414.562, concerning Exhibits; §414.563, concerning References; and §414.564 concerning Distribution. The repeals of §§14.414, 414.415, 414.508, 414.509, 414.551, 414.552, 414.553, 414.554, 414.555, 14.556, 414.557, 414.558, 414.559, 414.560, 414.561, 414.562, 414.563, and 414.564 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2895) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code (TAC), Chapter 414, Subchapter I and Subchapter K, adopted in 2004. The rules are outdated and no longer necessary.
Additionally, the repeals delete obsolete rules in 25 TAC Chapter 414, Subchapter L, adopted in 2001. HHSC addresses the topic of these rules in similar rules located in 26 TAC, Chapter 301, Subchapter M.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeals.
SUBCHAPTER
I.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503788
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
SUBCHAPTER
K.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503789
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
SUBCHAPTER
L.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503790
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063
CHAPTER 415. PROVIDER CLINICAL RESPONSIBILITIES--MENTAL HEALTH SERVICES
SUBCHAPTER
A.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of §415.4, concerning Philosophy; §415.9, concerning Consent and Patient Education; §415.13, concerning References; and §415.14, concerning Distribution. The repeals of §§415.4, 415.9, 415.13, and 415.14 are adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2897) and will not be republished.
BACKGROUND AND JUSTIFICATION
The repeals are necessary to delete obsolete rules in Title 25, Texas Administrative Code, Chapter 415, Subchapter A, adopted in 2004. The rules are duplicative or are no longer necessary.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed repeals.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Health and Safety Code §534.052, which requires the executive commissioner to adopt rules necessary and appropriate to ensure the adequate provision of community-based mental health services through a local mental health authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 21, 2025.
TRD-202503791
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: November 10, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 704-9063