TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 3. ADVISORY COMMITTEES, COUNCILS, AND BOARDS

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes new §3.7, concerning the Texas Radiation Advisory Board (TRAB).

BACKGROUND AND PURPOSE

The purpose of the proposal is to improve public access to DSHS advisory committee, council, task force, and board rules by moving all advisory committee, council, task force, and board rules into a single chapter. The current TRAB rule is repealed from 25 Texas Administrative Code (TAC) Chapter 289 and relocated in 25 TAC Chapter 3. The repeal is published elsewhere in this issue of the Texas Register. The new TRAB rule is updated to align with the Health and Human Services advisory committee rule template.

SECTION-BY-SECTION SUMMARY

Proposed new §3.7(a), (b), and (c) provide the applicable statutes governing the TRAB, its purpose, and tasks the TRAB performs.

Proposed new §3.7(d) provides the requirements for submitting an annual written report.

Proposed new §3.7(e) provides the meeting, frequency, and quorum requirements. It also includes how the public can participate in a meeting and the documentation requirements.

Proposed new §3.7(f) provides the membership requirements of the TRAB.

Proposed new §3.7(g) describes how the officers are selected and terms of office.

Proposed new §3.7(h) establishes training requirements for the TRAB.

Proposed new §3.7(i) provides for the establishment of subcommittees by the TRAB.

Proposed new §3.7(j) outlines attendance requirements for TRAB members.

Proposed new §3.7(k) establishes procedures for board meetings.

Proposed new §3.7(l) provides for reimbursement of expenses for TRAB members.

Proposed new §3.7(m) adds an abolishment subsection. The TRAB is established by Chapter 401 and has no abolition date.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of DSHS employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to DSHS;

(5) the proposed rule will not create a new regulation;

(6) the proposed rule will not expand, limit, or repeal an existing regulation;

(7) the proposed rule will not change the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rule does not apply to small or micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas and does not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Timothy Stevenson, Deputy Commissioner, Consumer Protection Division, has determined that for each year of the first five years the rule is in effect, the public benefit will be improved access to uniformly formatted DSHS advisory committee, council, task force, and board rules located in a single chapter.

Christy Havel Burton has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the proposal does not impose requirements on private individuals or businesses.

TAKINGS IMPACT ASSESSMENT

DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal, 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 26R063" in the subject line.

STATUTORY AUTHORITY

The new section is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Health and Safety Code §1001.075, which authorizes 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, Texas Health and Safety Code §401.015 through §401.019, which establishes the Texas Radiation Advisory Board and authorizes rules necessary for its operation, and Texas Government Code Chapter 2110, which governs state agency advisory committees.

The new section affects Texas Government Code §524.0151, Chapter 2110 and Texas Health and Safety Code Chapter 1001 and §401.015 through §401.019.

§3.7. Texas Radiation Advisory Board.

(a) Statutory authority. The Texas Radiation Advisory Board (TRAB) is established under Texas Health and Safety Code §401.015 and is subject to Texas Government Code Chapter 2110.

(b) Purpose. TRAB advises the executive commissioner, the Texas Department of State Health Services (DSHS), the Railroad Commission of Texas (RRC), the Texas Commission on Environmental Quality (TCEQ), and other state agencies concerning state radiation policies and programs.

(1) reviews and evaluates state radiation policies and programs;

(2) makes recommendations and furnishes technical advice to DSHS, RRC, TCEQ, and other state agencies relating to development, use, and regulation of radiation sources;

(3) reviews proposed rules and guidelines of any state agency related to the regulation of sources of radiation and recommends changes in proposed or existing rules and guidelines relating to those matters;

(4) develops and implements policies that provide the public with a reasonable opportunity to appear before TRAB and to speak on any issue under the jurisdiction of TRAB; and

(5) adopts bylaws to guide TRAB's operation.

(d) Reporting requirements. By December 31 of each year, TRAB files an annual written report with the executive commissioner summarizing the meetings and activities from the previous fiscal year. The report includes:

(1) a list of the meeting dates;

(2) the members' attendance records;

(3) a brief description of actions taken by TRAB;

(4) a description of how TRAB accomplished its tasks;

(5) a description of activities TRAB anticipates undertaking in the next fiscal year;

(6) recommended amendments to this section; and

(7) the costs related to TRAB, including the cost of DSHS staff time spent supporting TRAB's activities and the source of funds used to support the board's activities.

(e) Meetings.

(1) Open meetings. TRAB is not a "governmental body" as defined in the Open Meetings Act. However, to promote public participation, each TRAB meeting is announced and conducted per the Open Meetings Act, Texas Government Code Chapter 551, except provisions allowing executive sessions.

(2) Frequency. TRAB meets quarterly on dates set by TRAB.

(A) A special meeting may be called by the chairperson or at least five members.

(B) Meetings are arranged and supported by DSHS staff.

(3) Quorum. A simple majority of all members constitutes a quorum to transact official business. TRAB is authorized to conduct official business only when in a legally constituted meeting with a quorum present.

(4) Public comment. The agenda for each TRAB meeting includes an item titled Public Comment, under which any person will be allowed to address TRAB on matters relating to TRAB business. The chairperson may establish procedures for public comment, including a time limit on each comment.

(5) Documentation. A record of each TRAB meeting must be made as specified in subsection (k)(4) of this section.

(f) Membership.

(1) TRAB includes 19 members appointed by the Governor:

(A) one representative from industry who is trained in nuclear physics, science, or nuclear engineering;

(B) one representative from labor;

(D) one representative from the insurance industry;

(E) one individual who is engaged in the use and application of nuclear physics in medicine and is certified by the American Board of Radiology or licensed by the Texas Medical Board (TMB) under Texas Occupations Code Chapter 602;

(F) one hospital administrator;

(G) one individual licensed by the TMB who specializes in nuclear medicine;

(H) one individual licensed by the TMB who specializes in pathology;

(I) one individual licensed by the TMB who specializes in radiology;

(J) one representative from the nuclear utility industry;

(K) one representative from the radioactive waste industry;

(L) one representative from the petroleum industry;

(M) one health physicist certified by the American Board of Health Physics;

(N) one individual licensed by the State Board of Dental Examiners;

(O) one representative from the uranium mining industry;

(P) one individual licensed by the State Board of Veterinary Medical Examiners; and

(Q) three representatives of the public.

(2) Members are appointed for staggered terms so the terms of an equal or almost equal number of members will expire at the end of each term. Regardless of the term limit, a member serves until a replacement has been appointed. This ensures sufficient, appropriate representation.

(A) If a vacancy occurs, the Governor will appoint an individual to serve the unexpired portion of the term.

(B) The term of each member is six years, except the term may be less than six years as necessary to stagger terms. A member may apply to serve one additional term.

(C) An individual is not eligible to be appointed as a representative of the public if that individual or individual's spouse is employed:

(i) in the health care field; or

(ii) by, participates in the management of, or has a financial interest, other than as a consumer in:

(I) any part of the nuclear utility industry; or

(II) a business entity or other organization that is licensed under Texas Health and Safety Code Chapter 401, Subchapter F or Subchapter G.

(g) Officers. The Governor designates a member of TRAB as the chairperson to serve at the will of the Governor. TRAB elects from its members a vice-chairperson and secretary.

(1) The chairperson serves until the first quarterly meeting of the fiscal year of each even-numbered year. The vice-chairperson serves until the first quarterly meeting of the fiscal year of each odd-numbered year.

(2) A member serves no more than two consecutive terms as chairperson or vice-chairperson.

(3) The chairperson presides over all TRAB meetings, calls meetings as specified in this section, appoints subcommittees of TRAB as necessary, and ensures accurate reports are made to TRAB. The chairperson may serve as an ex-officio member of any subcommittee of TRAB.

(4) The vice-chairperson performs the duties of the chairperson, in the event of an absence or the disability of the chairperson. If the position of the chairperson becomes vacant, the vice-chairperson will serve until a successor is appointed to complete the unexpired portion of the chairperson's term.

(5) A vacancy in the office of vice-chairperson or secretary is filled at the next TRAB meeting.

(h) Required training. Each member must complete training on relevant laws and rules, including this section; Texas Government Code Chapters 551, 552, 2001, and 2110; the HHS Ethics Policy; the Advisory Committee Member Code of Conduct; and other relevant HHS policies. Training will be provided by DSHS.

(i) Subcommittees. TRAB may establish subcommittees to assist in carrying out its duties.

(1) The chairperson may appoint members to serve on subcommittees and to act as subcommittee chairpersons. The chairperson may also appoint nonmembers of TRAB to serve on subcommittees, as the need for additional expertise arises.

(2) Subcommittees must meet when called by the subcommittee chairperson or when directed by TRAB.

(3) The subcommittee chairperson makes regular reports to TRAB at each meeting or in interim written reports, as needed. The reports include an executive summary or minutes of each subcommittee meeting.

(j) Attendance. Members must attend TRAB meetings as scheduled. Members must attend and participate in meetings of subcommittees to which the members are assigned.

(1) A member must notify the chairperson or appropriate DSHS staff if the member is unable to attend a scheduled meeting.

(2) A member may be removed from TRAB if the member cannot discharge duties for a substantial part of the appointed term because of illness or disability; or if absent from more than half of the TRAB meetings during a calendar year, without an excuse approved by a majority vote of the TRAB.

(3) The validity of a TRAB action is not affected by the fact that it is taken when grounds for removal of a member exist.

(k) Procedures. Robert's Rules of Order, Newly Revised, is the basis of parliamentary decisions except where otherwise provided by law or rule.

(1) Any action taken by TRAB must be approved by a majority vote of the members present, once a quorum is established.

(2) Each member may vote once during any call for votes.

(3) A member may not authorize another individual to represent the member by proxy.

(4) Minutes of each TRAB meeting will be taken by DSHS staff. A summary of the meeting is provided to each TRAB member before the next meeting.

(l) Reimbursement for expenses. A member may receive reimbursement for the member's expenses incurred for each day the member engages in official TRAB business as specified in Texas Government Code Chapter 2110.

(1) Compensatory per diem is not paid to members unless required by law. Members are reimbursed for travel, meals, lodging, and incidental expenses to the extent allowed by the current General Appropriations Act. A member may be reimbursed for travel to and from meetings if funds are appropriated and available and it complies with the DSHS Travel Policy.

(2) A member who is an employee of a state agency, other than DSHS, may not receive reimbursement for expenses from DSHS, if the member is reimbursed by that state agency.

(3) A nonmember of TRAB who is appointed to serve on a subcommittee may not receive reimbursement for expenses from DSHS.

(4) Each member to be reimbursed for expenses must submit receipts for expenses and any required official forms to DSHS within 14 days after each TRAB meeting.

(5) Requests for reimbursement of expenses must be made on official state travel vouchers prepared by DSHS staff.

(m) Date of abolishment. TRAB is required by statute and will continue as long as the state law that requires it remains in effect.

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 30, 2026.

TRD-202604193

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: November 15, 2026

For further information, please call: (512) 834-6655

CHAPTER 289. RADIATION CONTROL

SUBCHAPTER C. TEXAS REGULATIONS FOR CONTROL OF RADIATION

25 TAC §289.130

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §289.130, concerning Radiation Advisory Board (Board).

BACKGROUND AND PURPOSE

The purpose of the proposal is to improve public access to DSHS advisory committee, council, task force, and board rules by moving all advisory committee, council, task force, and board rules into a single chapter. The current Board rule is repealed from 25 Texas Administrative Code (TAC) Chapter 289 and a new rule is proposed in 25 TAC Chapter 3. The new rule is published elsewhere in this issue of the Texas Register.

FISCAL NOTE

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of DSHS employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations to DSHS;

(4) the proposed rule will not affect fees paid to DSHS;

(5) the proposed rule will not create a new regulation;

(6) the proposed rule will not expand, limit, or repeal an existing regulation;

(7) the proposed rule will not change the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

PUBLIC BENEFIT AND COSTS

Timothy Stevenson, Deputy Commissioner, Consumer Protection Division, has determined that has determined that for each year of the first five years the rule is in effect, the public benefit will improve access to uniformly formatted DSHS advisory committee, council, task force, and board rules located in a single chapter.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENT

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, Texas Health and Safety Code §1001.075, which authorizes 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, Texas Health and Safety Code §401.015 through §401.019, which establishes the Texas Radiation Advisory Board and authorizes rules necessary for its operation, and Texas Government Code Chapter 2110, which governs state agency advisory committees.

The repeal affects Texas Government Code §524.0151, Chapter 1001, and Texas Health and Safety Code Chapter 1001 and §401.015 through §401.019.

§289.130. Radiation Advisory Board.

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 30, 2026.

TRD-202604194

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: November 15, 2026

For further information, please call: (512) 834-6655