TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 356. FAMILY VIOLENCE PROGRAM
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.603, 356.1303, 356.1316, 356.1403, 356.2003, 356.2016, and 356.2103, and the repeal of §356.1323 and §356.2023.
BACKGROUND AND PURPOSE
The purpose of the proposal is to repeal 26 Texas Administrative Code §356.1323 in Subchapter C and §356.2023 in Subchapter D, concerning Policies and Procedures for the Retention and Destruction of Documentation. HHSC intended to repeal these rules in a previous rule project (24R057) when it adopted the repeal of §356.625, an identical rule in Subchapter B. The repeals of §356.1323 and §356.2023 were inadvertently removed from the final rule document and did not become effective with the rest of the previous project. The proposed repeals of §356.1323 and §356.2023 ensure that retention and destruction of documentation procedures are removed from the entire chapter and do not conflict with the requirements of the HHSC contract related to family violence service delivery. The proposal also amends §§356.1316, 356.1403, 356.2016, and 356.2103 to remove references to the proposed repeals.
Further, HHSC is amending §§356.603, 356.1303, and 356.2003, to clarify there are four types of victims who may be eligible for services in the Family Violence Program. To make this clear, the proposed amendments replace "and" with "or" between the list of victims. This clarifies existing eligibility criteria and does not impact eligibility for services.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.603, concerning Eligibility, replaces the use of "and" with "or" throughout subsection (a) to clarify that all types of victims listed are eligible for services under this program.
The proposed amendment to §356.1303, concerning Eligibility, replaces the use of "and" with "or" throughout subsection (a) to clarify that all types of victims listed are eligible for services under this program.
The proposed amendment to §356.1316, concerning Policies and Procedures Regarding Entries in a Program Participant's File, in subsection (d)(2) removes the reference to §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation, which is proposed for repeal; makes edits to use plain language; and reformats the rule to improve readability and understanding.
The proposed repeal of §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation, ensures that retention and destruction of documentation procedures do not conflict with the requirements of the HHSC contract related to family violence service delivery.
The proposed amendment to §356.1403, concerning Crisis Call Hotline, in paragraph (11)(B) removes the reference to §356.1323, concerning Policies and Procedures for the Retention and Destruction of Documentation, proposed for repeal, and instead, requires the center to follow the confidentiality requirements stated in the contract for family violence services with HHSC; it also makes edits to use plain language to improve readability and understanding.
The proposed amendment to §356.2003, concerning Eligibility, replaces the use of "and" with "or" throughout subsection (a) to clarify that all types of victims listed are eligible for services under this program.
The proposed amendment to §356.2016, concerning Policies and Procedures Regarding Entries in Program Participant's Files, in subsection (d)(2) removes the reference to §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation, proposed for repeal; makes edits to use plain language; and reformats the rule to improve readability and understanding.
The proposed repeal of §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation, ensures that retention and destruction of documentation procedures do not conflict with the requirements of the HHSC contract related to family violence service delivery.
The proposed amendment to §356.2103, concerning Crisis Call Hotline, in subsection (b)(11)(B) removes the reference to §356.2023, concerning Policies and Procedures for the Retention and Destruction of Documentation, proposed for repeal, and instead, requires the center to follow the confidentiality requirements stated in the contract for family violence services with HHSC; it also makes edits to use plain language to improve readability and understanding.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will not create a new regulation;
(6) the proposed rules will repeal existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules concern only non-profit entities and therefore do not apply to small or micro-businesses or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Crystal Starkey, Deputy Executive Commissioner for Family Health Services, has determined that for each year of the first five years the rules are in effect, the public benefit will be that Family Violence Program (FVP) providers will have clear eligibility requirements and consistent rules on documentation.
Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules do not impose any additional costs or requirements for FVP providers.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule "25R049" in the subject line.
SUBCHAPTER
B.
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §356.603STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amendment affects Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.603.
(a) The following individuals are eligible for services under this chapter:
(1)
victims of family violence or [and] dating violence; or [and]
(2)
victims of sexual assault or [and] human trafficking when the sexual assault or [and] human trafficking meets the definition of family violence or dating violence.
(b) All victims described in this section are eligible for services regardless of the victim's current geographic location.
(c) A center must not require a victim to participate in center activities as a condition of receiving shelter or services.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503442
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992
SUBCHAPTER
C.
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §356.1303, §356.1316STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amendments affect Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.1303.
(a) The following individuals are eligible for services under this chapter:
(1)
victims of family violence or [and] dating violence; or [and]
(2)
victims of sexual assault or [and] human trafficking when the sexual assault or human trafficking meets the definition of family violence or dating violence.
(b) All victims described in this section are eligible for services regardless of the victim's current geographic location.
(c) A center must not require a victim to participate in center activities as a condition of receiving services.
§356.1316.
(a) If a special nonresidential center involves direct services, the center must develop, maintain, and comply with written policies and procedures regarding entries into a program participant's record that require that:
(1) each entry be attributed to and dated by the employee or volunteer entering the information;
(2) the program participant record does not include the names of other program participants; and
(3) if the center provides direct services for both a victim and an abuser, the center maintains a separate record for each, one for the victim and one for the abuser.
(b) A center must develop, maintain, and comply with written policies and procedures to ensure a program participant may have access and review all information in the program participant's record.
(c) If a program participant contests an entry in the program participant's record, the center must either:
(1) remove the entry from the record; or
(2) if the entry is not removed, note in the record that the program participant has contested the entry.
(d) A center may create and store entries to a program participant's record electronically, provided that:
(1) electronic entries are secure and attributed to an individual, which may include password-protected system access; and
(2)
records are kept following all [in compliance with applicable] state and federal laws, including:
(A)
42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act; [and]
(B)
§356.1202 [§§356.1202, 356.1317, and 356.1323] of this subchapter (relating to Security System Policies and Procedures); and
(C)
§356.1317 of this division (relating to Maintaining Control Over Program Participant Records). [; and Policies and Procedures for the Retention and Destruction of Documentation).]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503443
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992
26 TAC §356.1323
STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The repeal affects Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.1323.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503447
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992
DIVISION 7. SERVICE DELIVERY
26 TAC §356.1403STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amendments and repeals affect Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.1403.
A center does not have to provide a crisis call hotline, but if the center does provide a hotline and it is funded by the Texas Health and Human Services Commission (HHSC), the center must:
(1) ensure that an individual trained in crisis intervention, or who has immediate access to someone who has had training, answers the crisis call hotline 24-hours-a-day, every day of the year;
(2) accept collect calls and anonymous incoming calls;
(3) list the hotline number across all relevant publications in the center's service area and on the center's website, if applicable;
(4) provide a minimum of two hotline telephone lines;
(5) ensure that the caller has direct access to a live person who is trained to assess the caller's safety and that a messaging system is not used to answer the hotline;
(6) provide caller identification (ID) blocks on the center's numbers for outgoing calls to program participants;
(7) ensure compliance with all state and federal laws, including §356.1304 of this subchapter (relating to Federal and State Laws Regarding Eligibility), when using the hotline to determine eligibility for services;
(8) keep all hotline calls and any related documentation confidential;
(9) provide meaningful access to persons with disabilities, as required by §356.1324 of this subchapter (relating to Access to Services for People with a Disability);
(10) ensure the center can provide meaningful access to people with limited English proficiency as required by §356.1307 of this subchapter (relating to Access to Services for People with Limited English Proficiency); and
(11) if the center uses caller ID or any other technology that establishes a record of calls on the hotline, the center must:
(A) ensure there will not be a breach of confidentiality to third parties; and
(B)
follow [comply with] the confidentiality requirements stated in the contract for family violence services with HHSC about [of §356.1323 of this subchapter (relating to Policies and Procedures for the Retention and Destruction of Documentation) regarding] the records created [generated] by caller ID or other technology.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503444
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992
SUBCHAPTER
D.
DIVISION 6. PROGRAM ADMINISTRATION
26 TAC §356.2003, §356.2016STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amendments affect Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.2003.
(a) The following individuals are eligible for services under this chapter:
(1)
victims of family violence or [and] dating violence; or [and]
(2)
victims of sexual assault or [and] human trafficking when the sexual assault or human trafficking meets the definition of family violence or dating violence.
(b) All victims described in this section are eligible for services regardless of the victim's current geographic location.
(c) A center must not require a victim to participate in center activities as a condition of receiving services.
§356.2016.
(a) A center must develop, maintain, and comply with written policies and procedures regarding entries into a program participant's file that require that:
(1) each entry be attributed to and dated by the employee or volunteer entering the information;
(2) a program participant's record does not include the names of other program participants; and
(3) if the center provides direct services for both the victim and the abuser, the center maintains a separate record for each, one for the victim and one for the abuser.
(b) A center must develop, maintain, and comply with written policies and procedures that ensure a program participant may access and review all information in the participant's record.
(c) If a program participant contests an entry made in the participant's record, the center must either:
(1) remove the entry from the record; or
(2) if the entry is not removed, note in the record that the program participant has contested the entry.
(d) A center may create and store entries to a program participant's record electronically, provided that:
(1) electronic entries are secure and attributed to an individual, which may include password-protected system access; and
(2)
records are kept following all [in compliance with applicable] state and federal laws, including:
(A)
42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act; [, and]
(B)
§356.1903 [§§356.1903, 356.2017, and 356.2023] of this subchapter (relating to Security Policies and Procedures); and
(C)
§356.2017 of this division (relating to Maintaining Control Over Program Participant Records). [; and Policies and Procedures for the Retention and Destruction of Documentation).]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503445
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992
26 TAC §356.2023
STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The repeal affects Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.2023.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503448
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992
DIVISION 7. SERVICE DELIVERY
26 TAC §356.2103STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §51.010, which authorizes the executive commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amendments and repeals affect Texas Government Code §524.0151 and Texas Human Resources Code §51.010.
§356.2103.
(a) A center must operate a hotline and comply with Texas Health and Human Services Commission (HHSC) requirements unless another organization located in the nonresidential center's service area provides a hotline that complies with HHSC requirements.
(b) If a center operates a hotline, the center must:
(1) ensure that an individual trained in crisis intervention, or who has immediate access to someone who has had training, answers the crisis call hotline 24-hours-a-day, every day of the year;
(2) accept collect calls and anonymous incoming calls;
(3) list the hotline number across all relevant publications in the center's service area and on the center's website, if applicable;
(4) provide a minimum of two hotline telephone lines;
(5) ensure that the caller has direct access to a live person who is trained to assess the caller's safety and that a messaging system is not used to answer the hotline;
(6) provide caller identification (ID) blocks on the center's numbers for outgoing calls;
(7) ensure compliance with all state and federal laws, including §356.2004 of this subchapter (relating to Federal and State Laws Regarding Eligibility), when using the hotline to determine eligibility for services;
(8) keep all hotline calls and any related documentation confidential;
(9) provide equitable access to persons with a disability, as required by §356.2034 of this subchapter (relating to Access to Services for People with a Disability);
(10) ensure the center can provide equitable access to people with limited English proficiency as required by §356.2008 of this subchapter (relating to Access to Services for People with Limited English Proficiency); and
(11) if the center uses caller ID or any other technology that establishes a record of calls on the hotline, the center must:
(A) ensure there will not be a breach of confidentiality to third parties; and
(B)
follow [comply with] the confidentiality requirements stated in the contract for family violence services with HHSC about [of §356.2023 of this subchapter (relating to Policies and Procedures for the Retention and Destruction of Documentation) regarding] the records created [generated] by caller ID or other technology.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 26, 2025.
TRD-202503446
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: November 9, 2025
For further information, please call: (512) 460-0992