TITLE 16. ECONOMIC REGULATION
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT
SUBCHAPTER
C.
The Texas Commission of Licensing and Regulation (Commission) adopts a new rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter C, §60.39, regarding Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the January 23, 2026, issue of the Texas Register (51 TexReg 359). The rule will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULE
The rules under 16 TAC, Chapter 60, implement Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation.
The adopted rule establishes a process for verifying an applicant's eligibility for licensure or license renewal under Title 8, Chapter 14 of the United States Code when the applicant is selected for verification. Federal law restricts eligibility for certain state and local public benefits, including professional and commercial licenses, based on an individual's citizenship or immigration status.
The adopted rule is necessary to ensure that the Department can verify applicant eligibility in a manner consistent with applicable federal requirements while maintaining the security and integrity of the licensing process. The adopted rule identifies acceptable forms of documentation that may be used to establish eligibility and authorize the Department to require such documentation when verification is necessary, preserving flexibility and minimizing unnecessary burden on applicants. The adopted rule also clarifies the consequences of an applicant's failure to provide sufficient documentation.
SECTION-BY-SECTION SUMMARY
The adopted rule adds new §60.39, Verification of Applicant Eligibility.
Subsection (a) requires the Department to verify an applicant's eligibility for licensure or license renewal under Title 8, Chapter 14 of the United States Code when the applicant is selected for verification pursuant to Department procedures designed to protect the integrity of the licensing process.
Subsection (b) provides that an applicant selected for verification must submit documentation establishing eligibility before a license may be issued or renewed and identifies categories of documents that the Department may accept as evidence of eligibility, subject to verification as necessary.
Subsection (c) defines "certified birth certificate" for purposes of eligibility verification and specifies acceptable United States birth and birth-abroad documentation.
Subsection (d) clarifies that an applicant's failure to provide sufficient documentation of eligibility may result in denial of the application.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULE
The Department drafted and distributed the proposed rule to people internal and external to the agency. The proposed rule was published in the January 23, 2026, issue of the Texas Register (51 TexReg 359). The Department requested public comments on the proposed rule and information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. The public comment period closed on February 23, 2026. The Department received written comments from 433 interested parties on the proposed rule. The Department also received 16 oral comments at the public hearing on the proposed rule held on March 5, 2026, and 19 additional oral comments at the Commission meeting on March 24, 2026. In total, the Department received 468 public comments. The public comments are summarized below. Many comments addressed more than one issue; therefore, individual comments may be reflected in more than one summary category below.
Comment: Three hundred and twenty-five commenters opposed the proposed rule because they believe requiring verification of lawful presence for licensure or renewal could reduce the available workforce in industries regulated by the Department and negatively affect businesses and consumers. Commenters expressed concern that the proposed rule could contribute to labor shortages in industries such as cosmetology, barbering, electrical work, and other licensed occupations. Some commenters stated that reduced workforce availability could increase costs for consumers or reduce the availability of services. Organizations referenced in these comments include Arlington Beauty College; B1 Careers Beauty School; Colour Beauty School; KM Beauty Institute; RioMen Barber School; Riva Institute of Cosmetology; The Men Barber School (including Austin and Round Rock locations); Sloan Beauty Academy; Houston Brows & Beauty School; Torito & Liza Beauty Academy; Texas A&M University School of Law Entrepreneurship Legal Clinic; Curly Hues by Hayley; Zaide Beauty; Sleeping Beauty Lash Institute & Salon LLC; KC Beauty Salon and Barber Shop; Martha's Hair Salon; MV Salon; Culley Enviro LLC; and Castro and Legal.
Department Response: The Department disagrees that the proposed rule will significantly reduce the licensed workforce or harm the Texas economy. The proposed rule establishes procedures for verifying eligibility for licensure or license renewal consistent with existing federal law, specifically 8 U.S.C. §1621, which governs eligibility for certain state and local public benefits, including professional and commercial licenses. The proposed rule implements existing federal eligibility requirements and do not create new eligibility standards. The proposed rule does not impose a citizenship requirement. Individuals who are not U.S. citizens may still be eligible for licensure if they meet the eligibility criteria established under federal law, including individuals who are qualified aliens, nonimmigrants under the Immigration and Nationality Act, or otherwise authorized under federal law. The Department accepts a broad range of documentation demonstrating lawful presence or authorization to work in the United States, including identification or immigration-related documents, such as permanent resident cards, certificates of naturalization or citizenship, employment authorization documents, Forms I-94 reflecting lawful admission or parole, refugee documentation, and other immigration status documentation. Because the proposed rule implements existing federal law and does not change the professional qualifications required for licensure, the Department made no changes to the proposed rule in response to these comments.
Comment: Two hundred and one commenters opposed the proposed rule because they expressed concern about documentation requirements or administrative burdens associated with verifying lawful presence for licensure or license renewal. Commenters stated that obtaining or submitting immigration or other identity documentation could create additional procedural requirements for applicants or license holders. Some commenters expressed concern that individuals could encounter difficulty obtaining acceptable documentation or navigating the verification process. Organizations referenced in these comments include the Texas A&M University School of Law Entrepreneurship Clinic; Arlington Beauty College; B1 Careers Beauty School; Colour Beauty School; KM Beauty Institute; RioMen Barber School; Sloan Beauty Academy; Houston Brows & Beauty School; Lashing Out Ink Academy; Sleeping Beauty Lash Institute & Salon LLC; and The Men Barber School.
Department Response: The Department disagrees that the proposed rule imposes unreasonable documentation or administrative burdens. Verification of eligibility ensures that the Department issues licenses only to individuals who meet the eligibility criteria established by federal law. The Department accepts a broad range of documentation demonstrating lawful presence or authorization to work in the United States, including identification or immigration-related documents, such as permanent resident cards, certificates of naturalization or citizenship, employment authorization documents, Forms I-94 reflecting lawful admission or parole, refugee documentation, and other immigration status documentation. Because the proposed rule implements existing federal law and provide multiple options for documentation, the Department made no changes to the proposed rule in response to these comments.
Comment: One hundred fifty-eight commenters opposed the proposed rule because they believe the rule could negatively affect students and educational programs that prepare individuals for licensed occupations, including barbering and cosmetology schools. Commenters stated that students invest significant amounts of time and financial resources to complete required training hours and examinations and expressed concern that some students could complete their education but later be unable to obtain a license due to documentation requirements. Some commenters also expressed concern that the proposed rule could affect enrollment at licensing schools or training programs. Organizations referenced in these comments include Sloan Beauty Academy; Advanced Barber College & Hair Design; Texas A&M University School of Law Entrepreneurship Clinic; KM Beauty Institute; Colour Beauty School; RioMen Barber School; The Men Barber School; Lashing Out Ink Academy; and Sleeping Beauty Lash Institute & Salon LLC.
Department Response: The Department disagrees that the proposed rule will prevent otherwise eligible students from obtaining licensure. The proposed rule reflects existing federal law and do not change licensing education or competency requirements. Individuals who satisfy federal eligibility requirements remain eligible to obtain a license after completing the applicable education and examination requirements. The Department made no changes to the proposed rule in response to these comments.
Comment: One hundred and fourteen commenters opposed the proposed rule because they stated that licensed occupations provide important employment opportunities and that the rule could affect individuals who rely on their licenses to support themselves and their families. Organizations referenced in these comments include Arlington Beauty College; B1 Careers Beauty School; Colour Beauty School; KM Beauty Institute; Texas A&M University School of Law Entrepreneurship Clinic; RioMen Barber School; Sloan Beauty Academy; Sleeping Beauty Lash Institute & Salon LLC; KC Beauty Salon and Barber Shop; Martha's Hair Salon; MV Salon; and Zaide Beauty.
Department Response: The Department understands that many individuals rely on licensed occupations for employment but disagrees that the proposed rule improperly restricts those opportunities. The proposed rule establishes procedures to verify eligibility for licensure consistent with federal law and do not modify professional competency requirements for licensure. The Department made no changes to the proposed rule in response to these comments.
Comment: Thirty-eight commenters opposed the proposed rule because they believe occupational licensing requirements should focus on professional competency, education, and public safety rather than immigration-related documentation requirements. Commenters stated that licensing standards should primarily address professional qualifications and consumer protection. Organizations referenced in these comments include Tha Nail Artistry LLC; Texas A&M University School of Law Entrepreneurship Clinic; and KM Beauty Institute.
Department Response: The Department disagrees with the comment that verification of eligibility under federal law falls outside the Department's regulatory authority. Federal law, specifically 8 U.S.C. §1621, restricts eligibility for certain state and local public benefits, including professional and commercial licenses. The proposed rule establishes procedures for verifying eligibility consistent with those federal requirements while maintaining the Department's existing professional competency standards and licensing requirements. The Department made no changes to the proposed rule in response to these comments.
Comment: Twenty-two commenters representing advocacy organizations, chambers of commerce, legal organizations, and public officials opposed the proposed rule and expressed concern that the rule could create barriers to licensure and employment opportunities. Some commenters stated that workforce participation and economic opportunity could be affected by additional documentation requirements. Organizations referenced in these comments include the Greater Austin Hispanic Chamber of Commerce; San Antonio Hispanic Chamber of Commerce; Texas Hispanic Chamber of Commerce Coalition; TAMACC - Texas Association of Mexican American Chambers of Commerce; LULAC; LULAC District 12 (Austin); Latina Policy Coalition; Texas A&M University School of Law Entrepreneurship Legal Clinic; the Texas House Democratic Caucus; the Office of Senator Sarah Eckhardt (District 14); and the Marquez Foundation.
Department Response: The Department appreciates the comments submitted by these organizations and individuals but disagrees that the proposed rule creates improper barriers to licensure. The proposed rule establishes procedures for verifying eligibility consistent with federal law under 8 U.S.C. §1621 and do not impose a citizenship requirement. Individuals who are not U.S. citizens may still be eligible for licensure if they meet the eligibility criteria established under federal law. Because the proposed rule implements existing federal law and do not alter professional competency requirements for licensure, the Department made no changes to the proposed rule in response to these comments.
Comment: Twenty commenters supported the proposed rule. Commenters generally stated that the proposed rule is necessary to ensure compliance with federal law governing license eligibility and that verifying eligibility promotes fairness, integrity, and consistency in the licensing system. Organizations referenced in these comments include FACT Ed- Texas Barber & Cosmetology Educators; and H. Smith Electric.
Department Response: The Department appreciates the comments submitted in support of the proposed rule. The Department made no changes to the proposed rule in response to these comments.
Comment: Eight commenters submitted comments that did not clearly indicate whether they supported or opposed the proposed rule. These commenters generally requested clarification regarding documentation requirements, the verification process, or the potential effects of the proposed rule on applicants and license holders.
Department Response: The Department appreciates these comments and notes that the proposed rule is intended to clarify the process the Department uses to verify eligibility for licensure or license renewal. The proposed rule identifies categories of documentation that may be accepted to verify eligibility and are designed to ensure that the Department can verify eligibility in a manner consistent with applicable federal law while minimizing unnecessary burden on applicants. Because the Department determined that the proposed rule already provides sufficient clarity regarding the verification process, the Department made no changes to the proposed rule in response to these comments.
COMMISSION ACTION
At its meeting on March 24, 2026, the Commission adopted the proposed rule as published in the Texas Register.
STATUTORY AUTHORITY
The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Title 8, Chapter 14 of the United States Code.
The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code §51.308, §29.902, and Chapter 1001 (Driver Education and Safety); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1806 (Residential Solar Retailers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2001 (Bingo); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); Transportation Code, Chapters 521 (Driver Education and Safety); 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety); and Utilities Code, Chapter 42 (Electric Vehicle Charging Stations). No other statutes, articles, or codes are affected by the adopted rule.
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 April 10, 2026.
TRD-202601565
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Effective date: May 1, 2026
Proposal publication date: January 23, 2026
For further information, please call: (512) 475-4879
CHAPTER 84. DRIVER EDUCATION AND SAFETY
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; Subchapter M, §84.500 and §84.504; Subchapter N, §84.600; and the Program Guides, regarding the Driver Education and Safety program, without changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8133). These rules will not be republished.
The Commission also adopts an amendment to existing rules at 16 TAC Chapter 84, the Program of Organized Instruction in Driver Education and Traffic Safety, also known as the "POI-DE Program Guide" regarding the Driver Education and Safety program, with changes to the proposed text as published in the December 19, 2025, issue of the Texas Register (50 TexReg 8400). These rules will be republished. The POI-DE will be republished in the "In-Addition" section of the Texas Register.
The amendment to the POI-DE Program Guide is found at Section 1.1.5(Q) of that document.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The adopted rules under 16 TAC, Chapter 84, implement Senate Bill (SB) 1366, 89th Legislature, Regular Session (2025), and Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.
The adopted rules are necessary to address the Legislature's driver training instruction changes for the implementation of SB 1366 for the DES program, which mandates that driver training course curriculum includes information relating to the dangers and penalties associated with violating traffic laws in construction and maintenance work zones. The DES Program Guides were amended to May 2026 to reflect the changes mandated by SB 1366 as well. The Program Guides will be published separately in the "In Addition" section of the Texas Register.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §84.3, Materials Adopted by Reference, to reflect the change in the new edition dates for the DES Program Guides to "May 2026 Edition". The adopted rules include a change approved by the Driver Education and Traffic Safety Advisory Committee at its meeting on February 12, 2026, to correct a grammatical error by adding the word "and" at the end of the sentence at Section 1.1.5(Q).
The adopted rules amend §84.500, Courses of Instruction for Driver Education Providers, to include, consistent with SB 1366, that information related to penalties, fines, and inherent dangers such as bodily injury, death, and property damage associated with the violation of traffic laws in construction and maintenance work zones be included in driver education course curriculum.
The adopted rules amend §84.504, Driving Safety Courses of Instruction, to include, consistent with SB 1366, that information related to penalties, fines, and inherent dangers such as bodily injury, death, and property damage associated with the violation of traffic laws in construction and maintenance work zones be included in driving safety course curriculum.
The adopted rules amend §84.600, Program of Organized Instruction, to: (1) clarify that the educational objectives in §84.500 (Courses of Instruction for Driver Education Providers), and the Program Guides apply to exempt entities such as public schools, educational service centers, colleges and universities in their instruction; and (2) include, consistent with SB 1366, that information related to penalties, fines, and inherent dangers such as bodily injury, death, and property damage associated with violation of traffic laws in construction and maintenance work zones be included in their driver education course curriculum.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the December 19, 2025, issue of the Texas Register (50 TexReg 8133). The Department requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. The public comment period closed on January 20, 2026.
The Department received comments from two interested parties in response to the required summary of the proposed rules, which was posted on the Department's website and distributed on December 9, 2025, the same day that the proposed rules were filed with the Texas Register, but before the official publication of the proposed rules and the official start of the public comment period. The Department did not receive any comments from interested parties on the published proposed rules during the official public comment period. The public comments are summarized below.
Comments in Response to the Posted Summary
Comment: One commenter submitted a request to eliminate the observation instruction hours requirement from the driver education training since the reporting of such hours is not commonly accurate and can be done by the student from simply observing a parent, guardian, or other authorized person driving the vehicle in which the student occupies.
Department Response: The Department appreciates the public comment and notes that observation instruction is recognized by state law for driver education courses at Texas Education Code §1001.101 and cannot be amended by administrative rules. Moreover, observation instruction hours were not contemplated by SB 1366 and, as such, is outside of the scope of this rulemaking. The Department made no change to the proposed rules in response to this comment.
Comment: One commenter submitted a comment in support of the Department's changes as a result of SB 1366 and welcomed additional information be included in driver education curriculum regarding safe vehicle operation in construction and maintenance work zones.
Department Response: The Department appreciates the comment in support of the proposed rule changes. The Department made no change to the proposed rules in response to this comment.
ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION
The Driver Training and Traffic Safety Advisory Board met on February 12, 2026, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register with the change to correct the grammatical error at Section 1.1.5(Q) in the POI-DE.
At its meeting on March 24, 2026, the Commission adopted the proposed rules and program guides as published in the Texas Register with the change in the POI-DE program guide as recommended by the Advisory Board.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the adopted rules are to be adopted is Senate Bill 1366, 89th Legislature, Regular Session (2025).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2026.
TRD-202601582
Deanne Rienstra
Interim General Counsel
Texas Department of Licensing and Regulation
Effective date: May 1, 2026
Proposal publication date: December 19, 2025
For further information, please call: (512) 463-7750
SUBCHAPTER
M.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the adopted rules are to be adopted is Senate Bill 1366, 89th Legislature, Regular Session (2025).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2026.
TRD-202601583
Deanne Rienstra
Interim General Counsel
Texas Department of Licensing and Regulation
Effective date: May 1, 2026
Proposal publication date: December 19, 2025
For further information, please call: (512) 463-7750
SUBCHAPTER
N.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the adopted rules are to be adopted is Senate Bill 1366, 89th Legislature, Regular Session (2025).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2026.
TRD-202601584
Deanne Rienstra
Interim General Counsel
Texas Department of Licensing and Regulation
Effective date: May 1, 2026
Proposal publication date: December 19, 2025
For further information, please call: (512) 463-7750