Texas Register
December 24, 2021
Volume 46 Number 52
Pages 8845-9126

IN THIS ISSUE


THE GOVERNOR

Appointments
Proclamation 41-3867
Proclamation 41-3868

ATTORNEY GENERAL

Opinions

TEXAS ETHICS COMMISSION

Ethics Advisory Opinion

EMERGENCY RULES

COUNCIL ON SEX OFFENDER TREATMENT

COUNCIL ON SEX OFFENDER TREATMENT
22 TAC §810.4

PROPOSED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

REIMBURSEMENT RATES
TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT
1 TAC §355.8212

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

ADMINISTRATION
10 TAC §1.23
10 TAC §1.23
TEXAS FIRST TIME HOMEBUYER PROGRAM RULE
10 TAC §§27.1 - 27.9
10 TAC §§27.1 - 27.9
TAXABLE MORTGAGE PROGRAM
10 TAC §§28.1 - 28.9
10 TAC §§28.1 - 28.9

STATE BOARD OF DENTAL EXAMINERS

DENTAL BOARD PROCEDURES
22 TAC §107.204

TEXAS BOARD OF NURSING

FEES
22 TAC §223.1

TEXAS STATE BOARD OF PHARMACY

LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.4
PHARMACIES
22 TAC §291.29
22 TAC §291.34

TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

RULES OF PROFESSIONAL CONDUCT
22 TAC §573.52
22 TAC §573.75
GENERAL ADMINISTRATIVE DUTIES
22 TAC §577.5

HEALTH AND HUMAN SERVICES COMMISSION

EMPLOYEE MISCONDUCT REGISTRY
26 TAC §§561.1 - 561.9
MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
DEFINITIONS
26 TAC §748.43
PLANS AND POLICIES REQUIRED FOR THE APPLICATION PROCESS
26 TAC §748.105
REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES
26 TAC §748.303, §748.311
GENERAL REQUIREMENTS
26 TAC §748.511
CHILD-CARE ADMINISTRATOR
26 TAC §748.535
CONTRACT STAFF AND VOLUNTEERS
26 TAC §§748.721, 748.725, 748.729
DEFINITIONS
26 TAC §748.801
OVERVIEW OF TRAINING AND EXPERIENCE REQUIREMENTS
26 TAC §748.811, §748.813
ORIENTATION
26 TAC §748.833
ORIENTATION
26 TAC 748.831, 748.833
PRE-SERVICE EXPERIENCE AND TRAINING
26 TAC §748.863, §748.868
PRE-SERVICE EXPERIENCE AND TRAINING
26 TAC §§748.863, 748.864, 748.867, 748.869
CURRICULUM COMPONENTS FOR [GENERAL] PRE-SERVICE TRAINING [AND PRE-SERVICE TRAINING REGARDING NORMALCY]
26 TAC §§748.881 - 748.883, 748.885, 748.887, 748.889
PRE-SERVICE TRAINING REGARDING EMERGENCY BEHAVIOR INTERVENTION
26 TAC §748.901, §748.903
FIRST AID AND CPR CERTIFICATION
26 TAC §§748.911, 748.913, 748.915
ANNUAL TRAINING
26 TAC §748.931, §748.941
ANNUAL TRAINING
26 TAC §748.945
ANNUAL TRAINING
26 TAC §§748.930, 748.931, 748.935 - 748.937, 748.939, 748.941
FIRST-AID AND CPR CERTIFICATION
26 TAC §§748.981, 748.983, 748.985, 748.987, 748.989
TOPICS AND CURRICULUM COMPONENTS FOR ANNUAL TRAINING
26 TAC §§748.943 - 748.945, 748.947
ADMISSION
26 TAC §748.1211, §748.1217
EDUCATIONAL SERVICES
26 TAC §748.1303
MEDICAL CARE
26 TAC §748.1553
GENERAL REQUIREMENTS
26 TAC §748.1937
26 TAC §748.1937
ADMINISTRATION OF MEDICATION
26 TAC §748.2009
26 TAC §748.2307
ORDERS
26 TAC §748.2507
RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION
26 TAC §748.2553
ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF SECLUSION
26 TAC §748.2651
TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION
26 TAC §748.2801
GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION
26 TAC §748.2857
OVERALL OPERATION EVALUATION
26 TAC §748.2953
FIRST-AID KITS
26 TAC §748.3273
PRODUCT SAFETY
26 TAC §748.3281, §748.3283
GROUNDS AND GENERAL REQUIREMENTS
26 TAC §748.3301
INTERIOR SPACE
26 TAC §748.3361, §748.3363
26 TAC §748.3363
POISONS
26 TAC §748.3421
FOOD PREPARATION, STORAGE, AND EQUIPMENT
26 TAC §748.3443
SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS
26 TAC §748.3601, §748.3603
SWIMMING ACTIVITIES
26 TAC §748.3757
WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES
26 TAC §748.3931
GENERAL REQUIREMENTS
26 TAC §748.4001
MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
DEFINITIONS
26 TAC §749.43
PLANS AND POLICIES REQUIRED DURING [FOR] THE APPLICATION PROCESS
26 TAC §749.105
BRANCH OFFICES
26 TAC §749.305
REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES
26 TAC §749.503, §749.511
CHILD-PLACING AGENCY ADMINISTRATOR
26 TAC §749.635
CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF
26 TAC §749.675
CONTRACT STAFF AND VOLUNTEERS
26 TAC §749.761
DEFINITIONS
26 TAC §749.801
PRE-SERVICE EXPERIENCE AND TRAINING
26 TAC §749.868
ANNUAL TRAINING
26 TAC §749.931, §749.935
ADMISSIONS
26 TAC §749.1113
ADMISSION ASSESSMENT
26 TAC §749.1133, §749.1135
MEDICAL AND DENTAL CARE
26 TAC §749.1437
ADMINISTRATION OF MEDICATION
26 TAC §749.1469
ADDITIONAL REQUIREMENTS FOR INFANT CARE
26 TAC §749.1801
EDUCATIONAL SERVICES
26 TAC §749.1893
DISCIPLINE AND PUNISHMENT
26 TAC §749.1957
DEFINITIONS
26 TAC §749.2001
ORDERS
26 TAC §749.2107
RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION
26 TAC §749.2153
TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION
26 TAC §749.2281
GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION
26 TAC §749.2307
OVERALL OPERATION EVALUATION
26 TAC §749.2383
VERIFICATION OF FOSTER HOME
26 TAC §749.2471
VERIFICATION OF FOSTER HOMES [HOME]
26 TAC §749.2485, §749.2493
CAPACITY AND CHILD/CAREGIVER RATIO
26 TAC §§749.2553, 749.2563, 749.2565 - 749.2567
26 TAC §749.2827
HEALTH AND SAFETY
26 TAC §§749.2903 - 749.2905
WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES
26 TAC §749.2961, §749.2967
SPACE AND EQUIPMENT
26 TAC §749.3025, §749.3029
26 TAC §§749.3025, 749.3027, 749.3029, 749.3043
SWIMMING POOLS, BODIES OF WATER, SAFETY
26 TAC §749.3133, §749.3137
REQUIRED INFORMATION
26 TAC §749.3391, §749.3395
BIRTH PARENT PREPARATION
26 TAC §749.3503
TRAINING
26 TAC §749.4155
ADMISSION AND SERVICE PLANNING
26 TAC §749.4267

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION

PRACTICES AND PROCEDURES--GENERAL PROVISIONS
28 TAC §§102.4, 102.5, 102.8
INSURANCE CARRIERS: [REQUIRED ] NOTICES, PAYMENTS, AND REPORTING [AND MODE OF PAYMENT]
28 TAC §124.2
28 TAC §§124.100 - 124.108

TEXAS PARKS AND WILDLIFE DEPARTMENT

FISHERIES
STATEWIDE RECREATIONAL FISHING PROCLAMATION
31 TAC §57.983
31 TAC §57.985
31 TAC §57.1011, §57.1012
PARKS
31 TAC §59.3
31 TAC §59.131, §59.134
WILDLIFE
31 TAC §§65.199, 65.202, 65.203

DEPARTMENT OF AGING AND DISABILITY SERVICES

EMPLOYEE MISCONDUCT REGISTRY (EMR)
40 TAC §§93.1 - 93.9

WITHDRAWN RULES

TEXAS STATE BOARD OF PHARMACY

PHARMACIES
22 TAC §291.36
22 TAC §291.77
22 TAC §291.106
22 TAC §291.131

ADOPTED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

MEDICAID HEALTH SERVICES
DRUG UTILIZATION REVIEW BOARD
1 TAC §354.1941, §354.1942

TEXAS DEPARTMENT OF AGRICULTURE

GENERAL PROCEDURES
4 TAC §§1.920 - 1.928

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

ADMINISTRATION
10 TAC §1.3
SECTION 8 HOUSING CHOICE VOUCHER PROGRAM
10 TAC §5.801
10 TAC §5.801
SINGLE FAMILY PROGRAMS UMBRELLA RULE
10 TAC §§20.1 - 20.16
10 TAC §§20.1 - 20.15
MINIMUM ENERGY EFFICIENCY REQUIREMENTS FOR SINGLE FAMILY CONSTRUCTION ACTIVITIES
10 TAC §§21.1 - 21.6
10 TAC §§21.1 - 21.6
TEXAS BOOTSTRAP LOAN PROGRAM RULE
10 TAC §§24.1 - 24.12
10 TAC §§24.1 - 24.12
COLONIA SELF-HELP CENTER PROGRAM RULE
10 TAC §§25.1 - 25.10
10 TAC §§25.1 - 25.10
TEXAS HOUSING TRUST FUND RULE
10 TAC §§26.1 - 26.6
10 TAC §§26.20 - 26.28
TEXAS HOUSING TRUST FUND RULE
10 TAC §§26.1 - 26.7
10 TAC §§26.20 - 26.28

TEXAS DEPARTMENT OF LICENSING AND REGULATION

PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT
16 TAC §60.24
BARBERS
16 TAC §82.80
COSMETOLOGISTS
16 TAC §83.80
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
16 TAC §111.2
16 TAC §111.41
16 TAC §111.50, §111.51
16 TAC §111.91, §111.92
16 TAC §§111.210 - 111.212
16 TAC §§111.212 - 111.216
16 TAC §§111.230 - 111.232
HEARING INSTRUMENT FITTERS AND DISPENSERS
16 TAC §112.2
16 TAC §112.130, §112.132
16 TAC §112.150
MIDWIVES
16 TAC §115.14, §115.115
MASSAGE THERAPY
16 TAC §117.2
16 TAC §§117.50, 117.55, 117.58, 117.59, 117.62, 117.66 - 117.68
16 TAC §117.82
16 TAC §117.91, §117.92

STATE BOARD OF DENTAL EXAMINERS

DENTAL LICENSURE
22 TAC §101.14
DENTAL HYGIENE LICENSURE
22 TAC §103.10
PROFESSIONAL CONDUCT
22 TAC §108.74

DEPARTMENT OF STATE HEALTH SERVICES

FOOD AND DRUG
25 TAC §229.261

HEALTH AND HUMAN SERVICES COMMISSION

NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
GENERAL PROVISIONS
26 TAC §554.300, §554.301
FACILITIES LICENSED BEFORE SEPTEMBER 11, 2003
26 TAC §§554.310, 554.311, 554.313 - 554.317, 554.321, 554.322
PROVISIONS APPLICABLE TO ALL FACILITIES
26 TAC §554.326
CONSTRUCTION AND INITIAL SURVEY
26 TAC §554.330
FACILITIES LICENSED ON OR AFTER SEPTEMBER 11, 2003 AND BEFORE APRIL 2, 2018
26 TAC §§554.332, 554.336, 554.337, 554.339, 554.340
SMALL HOUSE AND HOUSEHOLD FACILITIES
26 TAC §554.345
FACILITIES LICENSED ON OR AFTER APRIL 2, 2018
26 TAC §554.361
26 TAC §554.1001
26 TAC §554.1207
26 TAC §554.1601
NURSE AIDES
26 TAC §556.100
MEDICATION AIDES--PROGRAM REQUIREMENTS
26 TAC §§557.101, 557.107, 557.109, 557.113, 557.115, 557.119, 557.121, 557.123, 557.128, 557.129

TEXAS DEPARTMENT OF INSURANCE

LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
28 TAC §3.9901

OFFICE OF INJURED EMPLOYEE COUNSEL

GENERAL ADMINISTRATION
28 TAC §§276.2, 276.7, 276.8

TEACHER RETIREMENT SYSTEM OF TEXAS

HEALTH CARE AND INSURANCE PROGRAMS
34 TAC §41.13
TERMS AND PHRASES
34 TAC §61.1
BOARD OF TRUSTEES
34 TAC §§63.1, 63.3 - 63.5, 63.7, 63.9, 63.13, 63.15, 63.17, 63.19
EXECUTIVE DIRECTOR
34 TAC §§65.1, 65.5, 65.7, 65.9, 65.11, 65.13
MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS
34 TAC §§69.1 - 69.9
16 TAC §§69.3, 69.5, 69.7
FLEXIBLE BENEFITS
34 TAC §§85.1, 85.4, 85.6, 85.7

REVIEW OF AGENCY RULES

Proposed Rule Reviews
Texas Department of Agriculture
Credit Union Department
Texas State Board of Pharmacy
Adopted Rule Reviews
Texas Education Agency
Employees Retirement System of Texas

TABLES & GRAPHICS

IN ADDITION

Office of the Attorney General
Texas Health and Safety Code and Texas Water Code Settlement Notice
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Credit Union Department
Application for a Merger or Consolidation
Applications to Amend Articles of Incorporation
Notice of Final Action Taken
Texas Commission on Environmental Quality
Agreed Orders
Enforcement Orders
Enforcement Orders
Notice of District Petition
Notice of District Petition
Notice of Minor Amendment and Pretreatment Program Substantial Modification Application
Notice of Minor Amendment and Pretreatment Program Substantial Modification Application
Notice of Opportunity to Comment on an Agreed Order of Administrative Enforcement Actions
Notice of Public Meeting for Municipal Solid Waste Permit Amendment: Proposed Permit No. 2185A
Notice of Water Quality Application
Texas Health and Human Services Commission
Public Notice: Texas State Plan for Medical Assistance Amendment - Adult Mental Health §1915(i) Home and Community-based Services (HCBS) State Plan Benefit
Public Notice - Texas State Plan for Medical Assistance Amendment Effective December 1, 2021
Texas Department of Housing and Community Affairs
Notice of Funding Availability (NOFA) Release for 2022 Community Services Block Grant Discretionary (CSBG-D) Funds - Native American and Migrant Seasonal Farm Worker Education and Employment Initiatives
Texas Department of Insurance
Company Licensing
Texas Parks and Wildlife Department
Notice of Proposed Real Estate Transactions
Office of Public Utility Counsel
Notice of Annual Public Hearing
Supreme Court of Texas
Preliminary Approval of Amendments to Texas Rules of Civil Procedure 306a, 503, 505, 508, 509, 510, 663a, and 664a; of Texas Rules of Civil Procedure 679a and 679b; and of a Form Seizure Exemption Notice, Instructions for Seizure Exemption Claim Form, Seizure Exemption Claim Form, and Order Appointing Receiver
Texas Water Development Board
REVISED Agricultural Conservation Request for Applications