TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER
C.
WITH RULES]
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §260.151, concerning Program Provider Compliance with Rules.
BACKGROUND AND PURPOSE
The purpose of the proposed amendment is to update citations to sections of the Texas Administrative Code (TAC) that have been transferred from Title 40 to Title 26 and to codify the existing contractual requirement for providers of the Deaf Blind with Multiple Disabilities (DBMD) §1915 (c) waiver program services to comply with the HHSC DBMD Program Manual posted on the HHSC website. Currently, HHSC requires that contracted DBMD program providers comply with all applicable federal and Texas state statutes, rules, and documents promulgated by HHSC, including provider manuals.
The proposal codifies the requirement in HHSC's contracts with DBMD program providers to comply with the DBMD Program Manual and updates TAC citations to align with the transfer of rules from Title 40 to Title 26.
SECTION-BY-SECTION SUMMARY
The proposed amendment to Subchapter C changes the name of the subchapter to Program Provider Compliance.
The proposed amendment to §260.151 adds that DBMD program providers must comply with the HHSC DBMD Program Manual and corrects outdated TAC citations. These revisions codify the requirement in HHSC's contracts with DBMD program providers to comply with the DBMD Program Manual and it also updates TAC citations to align with the transfer of rules from Title 40 to Title 26.
FISCAL NOTE
Victoria Grady, Deputy Chief, Finance, 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
HHSC 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 HHSC 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 HHSC;
(5) the proposed rule will create a new regulation;
(6) the proposed rule will not expand, limit, or repeal existing regulation;
(7) the proposed rule will not change the number of individuals subject to the rule(s); and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Victoria Grady has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the proposed rule does not create a change in business practices.
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 does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Emily Zalkovsky, Chief Medicaid and CHIP Services Officer, has determined that for each year of the first five years the rule is in effect, the public benefit will be improved clarity in the DBMD rule regarding provider expectations. Another anticipated benefit is that with updated references, the TAC will be easier to understand, and the public will have accurate citations when cross-referencing rules.
Victoria Grady 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 there are no costs associated with complying with the rule.
TAKINGS IMPACT ASSESSMENT
HHSC 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 26R074" in the subject line.
STATUTORY 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 §32.021, which provides HHSC with the authority to administer the federal medical assistance program in Texas and to adopt rules and standards for program administration.
The amendment affects Texas Government Code §524.0151 and Texas Human Resources Code §32.021.
§260.151. with Rules].
A program provider must comply with:
(1) this chapter;
(2) Chapter 558 of this title (relating to Licensing Standards for Home and Community Support Services Agencies);
(3) if providing licensed assisted living, Chapter 553 of this title (relating to Licensing Standards for Assisted Living Facilities);
(4)
[40 TAC] Chapter 264 of this title [41] (relating to Consumer Directed Services Option);
(5)
[40 TAC] Chapter 52 of this title [49] (relating to Contracting for Community Services); [and]
(6)
1 TAC Chapter 354, Subchapter O (relating to Electronic Visit Verification); and [.]
(7) the HHSC Deaf Blind with Multiple Disabilities Program Manual.
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 August 27, 2026.
TRD-202603755
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: October 11, 2026
For further information, please call: (512) 438-2910
CHAPTER 306. BEHAVIORAL HEALTH DELIVERY SYSTEM
SUBCHAPTER
D.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §306.173, concerning Admission Criteria for an Adolescent Forensic Unit; §306.174, concerning Admission Criteria for Waco Center for Youth; §306.176, concerning Admission Criteria for a State Hospital or a Facility with a Contracted Psychiatric Bed for Emergency Detention; and §306.221, concerning Screening and Intake Assessment Training Requirements at a State Hospital and a Facility with a Contracted Psychiatric Bed.
BACKGROUND AND PURPOSE
The proposal is in response to Senate Bill (SB) 1164, 89th Legislature, Regular Session, 2025, which amended Texas Health and Safety Code §573.001(a) and §573.022. SB 1164 expanded the grounds for emergency detention and temporary and extended inpatient court-ordered services.
House Bill (HB) 16, 89th Legislature, 2nd Called Session, 2025, repealed the provisions in SB 1164 that expanded the grounds for temporary or extended inpatient court-ordered services but did not repeal the provisions related to emergency detention.
The proposed amendments update grounds for emergency detention and make non-substantive changes for clarity.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §306.173 removes Community Resource Coordination Group (CRCG) from admission criteria for an adolescent forensic unit for clarity and updates formatting.
The proposed amendment to §306.174 removes CRCG from eligibility and referral processes for Waco Center for Youth (WCY) for clarity.
The proposed amendment to §306.176 adds a statutory cross reference and clarifies that the physician who conducts the preliminary examination determines from the preliminary examination if the individual meets criteria for emergency detention. The proposed amendment clarifies that based on the individual's mental illness, the physician determines if the individual evidences: a substantial risk of serious harm to self or to others, severe emotional distress and deterioration in the individual's mental condition, or an inability to recognize symptoms or appreciate the risks and benefits of treatment. The proposed amendment clarifies that the individual is likely, without immediate detention, to suffer serious risk of harm or to inflict serious harm on another person. The proposed amendment clarifies that the physician who conducts the preliminary examination makes a written statement documenting the physician's determination, the specific description of the serious risk of harm, and detailed information about the individual's behavior that evidences the risk of harm. The proposed amendment also makes non-substantive changes for clarity.
The proposed amendment to §306.221 updates a cross reference and formatting.
FISCAL NOTE
Victoria Grady, Deputy Chief, Finance, 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 expand 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
Victoria Grady has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities related to the rules as there is no requirement to alter current business practices.
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 are necessary to protect the health, safety, and welfare of the residents of Texas; do not impose a cost on regulated persons; and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Kristy Carr, Associate Commissioner, Texas State Hospitals, has determined that for each year of the first five years the rules are in effect, the public benefit will be adding more protections for individuals examined for emergency detention since there are new factors to review in deciding if emergency detention is needed.
Victoria Grady has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons required to comply with the proposed rules because there is no requirement to alter current business practices.
TAKINGS IMPACT ASSESSMENT
HHSC 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 26R075" in the subject line.
DIVISION 3. ADMISSION TO A STATE HOSPITAL OR A FACILITY WITH A CONTRACTED PSYCHIATRIC BED--PROVIDER RESPONSIBILITIES
26 TAC §§306.173, 306.174, 306.176STATUTORY 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 Health and Safety Code Chapter 573, which provides the statutory criteria for admission of an individual to a mental health facility for emergency detention.
The amendments affect Texas Government Code §524.0151 and Texas Health and Safety Code §573.001 and §573.022.
§306.173.
(a) An adolescent forensic unit may admit an adolescent only if the adolescent meets the criteria described in paragraphs (1), (2), or (3) of this subsection.
(1) Condition of probation or parole. The adolescent's admission to an adolescent forensic unit fulfills a condition of probation or parole for a juvenile offense if the adolescent:
(A) based on a clinical evaluation, is determined to need mental health treatment in a secure treatment setting to address a risk of dangerousness or delinquent conduct; or
(B)
has COPSD.[; or]
[(C) has exhausted available community resources for treatment and has a letter written by the local CRCG that confirms available community resources have been exhausted.]
(2) - (3) (No change.)
(b) (No change.)
§306.174.
(a) An individual's admission to Waco Center for Youth may occur only if the individual:
(1) - (4) (No change.)
(5) is currently receiving LMHA or LBHA services or inpatient services at a state hospital or CPB and has been referred for admission to Waco Center for Youth by:
(A)
the LMHA or LBHA[, LBHA, or CRCG] who confirms that:
(i) all appropriate community-based resources have been exhausted; and
(ii) Waco Center for Youth is the least restrictive and most appropriate environment needed; or
(B) - (C) (No change.)
(b) - (f) (No change.)
§306.176.
(a) - (b) (No change.)
(c) Requirements for emergency detention. The state hospital or CPB may admit an individual for emergency detention if:
(1)
in accordance with Texas Health and Safety Code §573.021(c) and §573.022(a)(2), the [a] physician who conducts the preliminary examination determines from the preliminary examination that:
(A)
the individual has a mental illness and because of that mental illness the individual evidences:[;]
(i) [(B)] [the individual evidences] a substantial risk of serious harm to self [himself] or to others;
(ii) severe emotional distress and deterioration in the individual's mental condition; or
(iii) an inability to recognize symptoms or appreciate the risks and benefits of treatment;
(B) the individual is likely, without immediate detention, to suffer serious risk of harm or to inflict serious harm on another person; and
[(C) the described risk of harm is imminent unless the individual is immediately detained; and]
(C) [(D)] emergency detention is the least restrictive means by which the necessary detention may be accomplished;
(2)
in accordance with Texas Health and Safety Code §573.022(a)(3), the [a] physician who conducts the preliminary examination makes [must make] a written statement documenting the determination described in paragraph (1) of this subsection and describes [describing]:
(A) the nature of the individual's mental illness;
(B)
the specific description of the serious risk of harm the individual evidences[, demonstrated either by the individual's behavior or by evidence of severe emotional distress and deterioration in the individual's mental condition] to the extent that the individual cannot remain at liberty; and
(C) the detailed information about the individual's behavior on which the physician based the determination that the individual evidences the risk of harm described under subparagraph (B) of this paragraph;
(3) the physician issues and signs a written order admitting the individual for emergency detention; and
(4) the individual meets the admission criteria of the state hospital or CPB.
(d) (No change.)
(e) Intake assessment. An assessment professional for a state hospital or CPB must conduct an intake assessment as soon as possible, but not later than 24 hours after an individual is admitted for emergency detention. All documents related to the intake assessment must be provided to the individual or LAR and include:
(1) (No change.)
(2) a written and oral explanation of:
(A)
the individual's rights described in Chapter 320, Subchapter A of this title (relating [title(relating] to Rights of Individuals Receiving Mental Health Services);
(B) - (D) (No change.)
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 August 27, 2026.
TRD-202603756
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: October 11, 2026
For further information, please call: (512) 438-3049
DIVISION 6. TRAINING
26 TAC §306.221STATUTORY 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 Health and Safety Code Chapter 573, which provides the statutory criteria for admission of an individual to a mental health facility for emergency detention.
The amendment affects Texas Government Code §524.0151 and Texas Health and Safety Code §573.001 and §573.022.
§306.221.
(a) Screening training. As required by Texas Health and Safety Code §572.0025(e), a state hospital or CPB staff member whose responsibilities include conducting a screening described in Division 3 of this subchapter (relating to Admission to a State Hospital or a Facility with a Contracted Psychiatric Bed--Provider Responsibilities) must receive at least eight hours of training in the state hospital's or CPB's screening.
(1) The screening training must provide instruction regarding:
(A) (No change.)
(B)
explaining, orally and in writing, the individual's rights described in Chapter 320, Subchapter A of this title (relating [title(relating] to Rights of Individuals Receiving Mental Health Services);
(C) - (E) (No change.)
(2) Up to six hours of the following training may count toward the screening training required by this subsection:
(A)
§926.171 of this title [25 TAC §417.515] (relating to State Hospital Staff Training in Identifying, Reporting, and Preventing Abuse, Neglect, and Exploitation); and
(B) (No change.)
(b) - (d) (No change.)
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 August 27, 2026.
TRD-202603757
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: October 11, 2026
For further information, please call: (512) 438-3049
CHAPTER 745. LICENSING
SUBCHAPTER
F.
DIVISION
3.
CRIMINAL HISTORY, SEX OFFENDER REGISTRY, [AND] CHILD ABUSE OR NEGLECT, AND SEMARC FINDINGS
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §745.661, concerning What types of criminal convictions may affect a subject's ability to be present at an operation.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure HHSC Child Care Regulation (CCR) can propose updates to the criminal history requirements noted in 26 Texas Administrative Code §745.661 on an as-needed basis instead of every January. The proposal also changes the criminal history requirements, including by removing conflicting restrictions so CCR may more easily update the criminal history requirements.
The proposal updates the rule in accordance with regulatory reduction and improvement efforts.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §745.661 (1) amends the rule title; (2) clarifies that offenses are considered during the background check process; (3) indicates that offenses may affect a person's ability to obtain or maintain an administrator's license; (4) removes descriptions regarding how the criminal history requirements will be formatted and presented to the public; (5) removes a subsection relating to a person currently on parole; (6) removes a subsection that requires a risk evaluation for a felony offense within the past 10 years if the offense is not specifically listed in the criminal history requirements; (7) removes a subsection providing that the rule does not apply to employees or volunteers whose background checks are conducted by CCR or the Department of Family and Protective Services; and (8) makes non-substantive changes for better readability and understanding.
FISCAL NOTE
Victoria Grady, Deputy Chief, Finance, 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
HHSC 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 HHSC 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 HHSC;
(5) the proposed rule will not create a new regulation;
(6) the proposed rule will expand and repeal existing regulations;
(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
Victoria Grady has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not impose any additional costs on small businesses, micro-businesses, or rural communities required to comply with the rule.
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 the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Rachel Ashworth-Mazerolle, Deputy Executive Commissioner for Child Care Regulation, has determined that for each year of the first five years the rule is in effect the public benefit will be improved background check processes that support the safety of children in care.
Victoria Grady 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 rule does not require any additional actions or resources from providers that would result in a cost to comply.
TAKINGS IMPACT ASSESSMENT
HHSC 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 26R061" in the subject line.
STATUTORY 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 agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the proposed amendment to §745.661 is authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules to carry out provisions related to required qualifications and background checks of employees at regulated facilities.
The amendment implements Texas Government Code §524.0151 and §524.0005 and Texas Human Resources Code §42.042.
§745.661. What types of criminal convictions may affect a subject's ability to be present at an operation?]
(a)
A felony or misdemeanor offense [conviction] under Texas law, the law [laws] of another state, or federal law may affect a person's [subject's] ability to be present at an operation or a foster or adoptive home, to obtain an administrator's license, or to maintain an administrator's license. Criminal history requirements maintained by the Texas Health and Human Services Commission (HHSC) identify offenses that may affect whether a person may be present at an operation or a foster or adoptive home, obtain an administrator's license, or maintain an administrator's license. [There are three charts with information regarding specific crimes that may affect a subject's ability to be present at an operation.] These requirements specify which offenses may permanently or temporarily prohibit eligibility or require [Each chart specifies whether a conviction permanently or temporarily bars a subject from being present at an operation, whether a subject is eligible for] a risk evaluation. The requirements also specify [, and] whether a person [subject who is] eligible for a risk evaluation for a specific offense may be present at an operation or a foster or adoptive home while HHSC conducts the risk evaluation. [pending the outcome of the risk evaluation. The three charts are:]
[(1) Licensed or Certified Child Care Operations: Criminal History Requirements;]
[(2) Foster or Adoptive Placements: Criminal History Requirements; and]
[(3) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements.]
(b)
HHSC reviews [will review the criminal history requirements as needed [three charts listed in subsection (a) of this section annually] to determine if [whether any] changes are necessary [needed]. HHSC publishes [will publish] any changes [in January] as an "In Addition" document in the Texas Register and posts the changes [make them available] on Child Care Regulation's (CCR) [the Licensing] public website. HHSC accepts written comments on the changes during the public comment period stated in the Texas Register notice. [A written public comment period will be available for 30 days following publication.] HHSC considers [will consider] any written comments received [HHSC receives] during the public comment [30-day time] period[,] and publishes [provide] a response to each comment in the "In Addition" section of the Texas Register. [the commenter that will also be included on the Licensing public website. In response to any comment,] HHSC may adopt the changes as published, modify the changes, or withdraw the changes in response to comments. [implement changes to a chart, withdraw changes to a chart, or alter a chart based on a reasoned justification.] If any changes are modified or removed, [HHSC changes a chart,] HHSC publishes the revised criminal history requirements [will subsequently re-publish the chart] in the "In Addition" section of the Texas Register.
[(c) A subject currently on parole for a felony offense must have an approved risk evaluation prior to being present at an operation.]
[(d) For any felony offense that is not specifically enumerated in the relevant chart listed in subsection (a) of this section, a subject convicted within the past 10 years for the offense must have an approved risk evaluation prior to being present at an operation.]
(c) [(e)] HHSC treats a federal offense or an offense under the law of another state that is substantially similar to a Texas offense in the same manner as the similar Texas offense. [Substantially similar federal offenses and offenses in other states will be treated the same as the similar Texas offense. On a case-by-case basis,] HHSC determines if [will determine whether] a federal or an out-of-state offense [or an offense in another state] is substantially similar to a Texas offense by comparing the legal elements of each offense.[, including the mens rea (meaning the state of mind of the person, i.e., an intentional, knowing, or reckless act), and assessing the similarity of the legal elements.]
[(f) This rule does not apply to a person who requires a background check under this subchapter because of the person's responsibilities as a DFPS or Licensing employee or volunteer. The person will have a background check conducted by DFPS or HHSC as part of the person's application to become an employee or volunteer.]
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 August 27, 2026.
TRD-202603747
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: October 11, 2026
For further information, please call: (512) 438-3269