TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 745. LICENSING

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.

Section 745.21 is adopted with changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589) This rule will be republished.

Sections 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, 745.8483 are adopted without changes to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2589). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adopted rules are necessary to comply with Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously included in background check results received by HHSC Child Care Regulation (CCR). The search engine also includes central registry findings from the Texas Department of Family and Protective Services, but CCR received those central registry findings before the search engine was created and will continue to receive them. CCR is adopting rules to define the search engine required by statute, require CCR's use of the search engine as part of any subject's background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person's ability to receive or maintain an administrator's license.

CCR also updated the rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.

COMMENTS

The 31-day comment period ended May 26, 2026. HHSC did not receive any comments.

HHSC made minor editorial changes in §745.21 and §745.21(2) to correct punctuation.

Additionally, HHSC is not adopting the proposed changes to division numbers for Subchapter F, Division 7, "Immediate Threat or Danger to the Health or Safety of Children".

SUBCHAPTER A. PRECEDENCE AND DEFINITIONS

DIVISION 2. DEFINITIONS

26 TAC §745.21

STATUTORY AUTHORITY

The amendment is adopted under 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 Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.

§745.21. Definitions.

The following terms in this chapter have the following meanings unless the context clearly indicates otherwise:

(1) Abuse--As defined in the Texas Family Code §261.001(1).

(2) Affinity--Related by marriage, as set forth in Texas Government Code §573.024.

(3) Business entity--May include an association, corporation, nonprofit association, nonprofit corporation, nonprofit association with religious affiliation, nonprofit corporation with religious affiliation, limited liability company, political subdivision, or state agency. For purposes of this chapter, this definition does not include any type of "partnership."

(4) Capacity--The maximum number of children that a permit holder may care for at one time.

(5) Caregiver--A person who is counted in the child to caregiver ratio, whose duties include the supervision, guidance, and protection of a child.

(6) CBCU--Centralized Background Check Unit. A subdivision of Child Care Regulation that conducts background checks.

(7) CCR--Child Care Regulation. A department of the Texas Health and Human Services Commission responsible for regulatory oversight of child care operations.

(8) Central registry--A DFPS database of persons who have been found by DFPS to have abused, neglected, or exploited a child.

(9) Child--A person under 18 years old.

(10) Child care facility--An operation defined in Texas Human Resources Code §42.002(3).

(11) Child day care--Taking care of, supervising, teaching, or educating:

(A) a child under 14 years old who is not related to the caregiver, for less than 24 hours a day, in a place other than the child's own home, including taking care of school-age children before or after the regular school day; or

(B) a related child under 14 years old, for less than 24 hours a day, that occurs in the caregiver's or child's home if the care is given:

(i) under the auspices of a listed family home; and

(ii) the caregiver follows the requirements in the Texas Labor Code Chapter 313, including providing care in the child's home only if:

(I) the child or one of the child's siblings is disabled;

(II) the child or one of the child's siblings is under 18 months old;

(III) the child has a parent 18 years old or younger;

(IV) the child has a parent 19 years old, who is in high school working towards a diploma;

(V) the child's parent works during the evening, overnight, or on the weekend and taking the child out of the home would be disruptive to the child; or

(VI) the Texas Workforce Commission determines there are no other child care options available in the community.

(12) Children related to the caregiver--Children described in Texas Human Resources Code §42.002(16).

(13) Client in care--A child or young adult in the care of an operation.

(14) Consanguinity--As defined in Texas Government Code §573.022.

(15) Contiguous--Sharing a common border or located in the same building.

(16) Controlling person--A person described in Texas Human Resources Code §42.002(18).

(17) Criminal history--Information collected by criminal justice agencies about a person's interactions with the criminal justice system, including a person's record of arrests, convictions, and other types of criminal justice involvement.

(18) Days--Calendar days, unless otherwise stated.

(19) Deficiency--Any failure to comply with a statute, administrative rule, minimum standard, condition on a permit, or condition of probation.

(20) Designated finding--A finding in the DFPS central registry against a person (also known as a designated perpetrator) who has not finished challenging the finding through an administrative review, a due process hearing, or other rights of appeal.

(21) Designated perpetrator--A person listed in the DFPS central registry who has a designated finding of child abuse, neglect, or exploitation.

(22) Designee--The person named on the application as the designated representative of the operation who is officially authorized by the owner to speak for and act on the operation's behalf.

(23) DFPS--Texas Department of Family and Protective Services.

(24) DPS--Texas Department of Public Safety.

(25) Employee--Any natural person who works for or has a contract with the permit holder.

(26) Endanger--To expose a child to a situation where physical or mental injury to a child is likely to occur.

(27) Exploitation--As defined in Texas Family Code §261.001(3).

(28) FBI--Federal Bureau of Investigation.

(29) Fingerprint-based criminal history check--A search that compares a subject's fingerprints with the:

(A) DPS database of arrests and dispositions for alleged crimes committed in Texas;

(B) FBI database of arrests and dispositions for alleged crimes committed in the United States and Territories;

(D) FBI database of the National Sex Offender Registry.

(30) Full license--Issued to operate a child care operation after meeting the requirements of this chapter either while maintaining a license or to issue a full license instead of an initial license as described in this chapter.

(31) Full permit--Includes a listing, registration, compliance certification, or a full license.

(32) Governing body--A person or group of persons or officers of a business or governmental entity that has ultimate control over the operation.

(33) Governmental entity--A political subdivision or state agency of Texas.

(34) HHSC--Texas Health and Human Services Commission.

(35) HHSC EMR--The Employee Misconduct Registry maintained by HHSC.

(36) Household member--A person who lives in an operation or verified foster home, who is not a caregiver or client in care.

(37) Initial background check--The first background check that an operation requests for a person.

(38) Initial license--As defined in Texas Human Resources Code §42.051. An initial license is valid for 12 months from the date of issuance; however, CCR may renew an initial license for up to an additional six months.

(39) Licensed administrator--A licensed child care administrator or licensed child placing agency administrator as defined in Texas Human Resources Code §43.001.

(40) Licensing--CCR, which was formerly titled Child Care Licensing.

(41) Minimum standards--Regulatory administrative rules that permit holders must follow to protect the health, safety, and well-being of children. These rules are found in:

(A) Chapter 742 of this title (relating to Minimum Standards for Listed Family Homes);

(B) Chapter 743 of this title (relating to Minimum Standards for Shelter Care);

(D) Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers);

(E) Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes);

(F) Chapter 748 of this title (relating to Minimum Standards for General Residential Operations);

(G) Chapter 749 of this title (relating to Minimum Standards for Child-Placing Agencies); and

(H) Subchapter D, Division 11 of this chapter (relating to Employer-Based Child Care).

(42) Name-based Texas criminal history check--A search that compares a subject's name with the:

(A) DPS database of arrests and dispositions for alleged crimes committed in Texas; and

(B) DPS database for the Texas sex offender registry.

(43) National Sex Offender Registry--A national database that has records on persons who are required to register on a jurisdiction's sex offender registry.

(44) Neglect--As defined in the Texas Family Code §261.001(4).

(45) Operation (also known as a child care operation)--Any person or entity that must have a permit according to Texas Human Resources Code Chapter 42.

(46) Out-of-state child abuse and neglect registry check--A search that compares the subject's name with another state's or territory's database of persons who have been found to have abused or neglected a child.

(47) Out-of-state criminal history check--A search that compares the subject's name or fingerprints with another state's or territory's database of arrests and dispositions for crimes committed in the other state or territory.

(48) Out-of-state sex offender registry check--A search that compares the subject's name with another state's or territory's sex offender registry.

(49) Owner--The sole proprietor, partnership, or business or governmental entity that owns an operation that is subject to CCR's regulation.

(50) Parent--A person or entity that has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian of the child or a legally authorized representative of an entity with managing conservatorship of the child.

(51) Permit--A license, certification, registration, listing, compliance certificate, or any other written authorization granted by CCR to operate a child care operation. This also includes an administrator's license.

(52) Permit holder--The owner of the operation that is granted the permit.

(53) Pre-kindergarten age child--A child who is three or four years of age before the beginning of the current school year.

(54) Present at an operation--A person is present at an operation if the person has or may have contact with children in care. This includes:

(A) the person is physically present at an operation while any child is in care, unless the person is present for the sole purpose of attending orientation or pre-service training or is briefly present for business unrelated to child care and does not have contact with children in care;

(B) the person has responsibilities that may require the person to be present at an operation while any child is in care;

(D) the person has direct access to any child in care, including supervised or unsupervised direct access to any child.

(55) Program--Activities and services provided by an operation.

(56) Regularly or frequently present at an operation--Visiting the operation often, at regular times, or consistently over time.

(A) A person is regularly or frequently present at an operation if the person:

(i) is present at the operation on a scheduled basis;

(ii) visits the operation three or more times in a 30-day period, with each visit being less than 24 hours, and with multiple or repeated visits to an operation within the same day counting as one visit;

(iii) stays or lives at the operation for more than seven days in a row; or

(iv) stays or lives at the operation three or more times per year, with each stay being more than 48 hours.

(B) For foster homes, the following persons are not considered to be regularly or frequently present at a foster home:

(i) a child unrelated to a foster parent who visits the foster home, unless:

(I) the child is responsible for the care of a foster child; or

(II) there is a reason to believe that the child has a criminal history or previously abused or neglected another child; and

(ii) an adult unrelated to a foster parent who visits the foster home, unless:

(I) the adult has unsupervised access to children in care; or

(II) there is a reason to believe that the adult has a criminal history or previously abused or neglected a child.

(C) For a child day care operation, a parent is not considered regularly or frequently present at the operation only because the parent is visiting his or her child. A parent is considered regularly or frequently present at the operation if the parent volunteers at the operation.

(57) Regulation--Includes the following:

(A) the development of administrative rules, including minimum standards, as provided by statutory authority; and

(B) the enforcement of requirements that are minimum standards, administrative rules, statutes, or any condition or restriction HHSC has placed on a permit. Anyone providing or seeking to provide care or a service that is subject to regulation must comply with all applicable requirements. This includes a permit holder, an applicant for a permit, and anyone providing care or a service without the appropriate permit.

(58) Renewal background check--A background check that an operation requests for a person who has already had an initial background check at the operation.

(59) Report--Any communication to CCR or DFPS, including the Statewide Intake division of DFPS, of:

(A) an allegation of a violation of a minimum standard, rule, or statute; or

(B) any other possible risk to a child in the care of an operation that is subject to CCR's regulation.

(60) Residential child care--The care, custody, supervision, assessment, training, education, or treatment of a child who is not related by blood, marriage, or adoption to the owner or operator of the operation, for all of the 24-hour day, regardless of whether the operation is operated for profit or charges for the services it offers.

(61) Risk evaluation--A CBCU process to determine if a person's background check results will allow the person to be present at an operation.

(62) SEMARC--Search Engine for Multi-Agency Reportable Conduct as established by Texas Health and Safety Code Chapter 810. For CCR background check processes, a DFPS central registry check is separate from a SEMARC check.

(63) SEMARC finding--Result of a SEMARC check that shows the determination by a participating state agency that a person engaged in reportable conduct as defined in Texas Health and Safety Code §810.001(6), and any information about the determination recorded in SEMARC.

(64) School-age child--A child who is five years of age or older and is enrolled in or has completed kindergarten.

(65) State Office of Administrative Hearings (SOAH)--The state agency responsible for conducting certain administrative hearings for other state agencies, including HHSC.

(66) Subject of a background check--A person for whom the operation submits a request for a background check.

(67) Substitute--A person who fills in for an absent employee or caregiver at an operation.

(68) Sustained finding--A finding in the DFPS central registry against a person (also known as a sustained perpetrator) who has been offered due process, and:

(A) the person has waived the person's due process rights by not requesting an administrative review and a due process hearing timely or by waiving those rights in writing; or

(B) the child abuse, neglect, or exploitation finding was upheld in the due process hearing and any subsequent appeals.

(69) Sustained perpetrator--A person listed in the DFPS central registry who has a sustained finding of abuse, neglect, or exploitation of a child.

(70) TEA--Texas Education Agency.

(71) Texas sex offender registry--A registry maintained by DPS that contains records on persons who are required to register as sex offenders in Texas.

(72) TJJD--Texas Juvenile Justice Department.

(73) Unsupervised access--Access to a child in care without the presence of another person who is a qualified caregiver.

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 July 2, 2026.

TRD-202602707

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

SUBCHAPTER F. BACKGROUND CHECKS

DIVISION 1. DEFINITIONS

26 TAC §745.601

STATUTORY AUTHORITY

The repealed section is adopted under 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 Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.

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 July 2, 2026.

TRD-202602708

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

26 TAC §745.609, §745.615

STATUTORY AUTHORITY

The amendments are adopted under 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 Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.

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 July 2, 2026.

TRD-202602710

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

DIVISION 2. REQUESTING BACKGROUND CHECKS

26 TAC §745.607

STATUTORY AUTHORITY

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 July 2, 2026.

TRD-202602709

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

26 TAC §745.631, §745.643

STATUTORY AUTHORITY

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 July 2, 2026.

TRD-202602711

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

DIVISION 3. CRIMINAL HISTORY, SEX OFFENDER REGISTRY, CHILD ABUSE OR NEGLECT, AND SEMARC FINDINGS

26 TAC §745.675

STATUTORY AUTHORITY

The new section is adopted under 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 Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.

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 July 2, 2026.

TRD-202602712

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

DIVISION 4. EVALUATION OF RISK BECAUSE OF A FINDING

26 TAC §745.683, §745.695

STATUTORY AUTHORITY

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 July 2, 2026.

TRD-202602713

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

DIVISION 6. IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN

26 TAC §745.751

STATUTORY AUTHORITY

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 July 2, 2026.

TRD-202602714

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

DIVISION 7. ADMINISTRATOR'S LICENSING

26 TAC §745.775

STATUTORY AUTHORITY

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 July 2, 2026.

TRD-202602715

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

SUBCHAPTER K. INSPECTIONS, INVESTIGATIONS, AND CONFIDENTIALITY

DIVISION 3. CONFIDENTIAL RECORDS

26 TAC §745.8483

STATUTORY AUTHORITY

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 July 2, 2026.

TRD-202602716

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: August 31, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 438-3269

SUBCHAPTER C. OPERATIONS THAT ARE EXEMPT FROM REGULATION

DIVISION 2. EXEMPTIONS FROM REGULATION

26 TAC §745.115

The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §745.115, concerning Programs and Facilities Regulated by Other Governmental Entities Exempt from CCR Regulation; and §745.273, concerning Public Notices and Hearings for Certain General Residential Operations.

Section 745.115 is adopted with changes to the proposed text as published in the March 27, 2026, issue of the Texas Register (51 TexReg 2006). This rule will be republished.

Section 745.273 is adopted without changes to the proposed text as published in the March 27, 2026, issue of the Texas Register (51 TexReg 2006). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to comply with House Bill (HB) 4529 and HB 3597, 89th Legislature, Regular Session, 2025.

HB 4529 amended Texas Human Resources Code (HRC) §42.041(b) to add exemptions to regulation by HHSC Child Care Regulation (CCR) for the following entities that are regulated by the United States Department of Defense: (1) a child care facility located on a federal military base or other federal property; and (2) a military family child care provider.

HB 3597 amended HRC §42.0461(a), which requires certain residential child care facilities to hold a public hearing before expanding capacity or receiving a license or certificate if the residential child care facilities are located in a county with a population of less than 500,000. Previously, the statutory language set the population threshold for public hearings at 300,000.

The amendments (1) add a regulatory exemption for a child care facility located on a federal military base or other federal property that has a certificate required by HRC §42.041(b)(26); (2) add a regulatory exemption for a child care home operated by a military family child care provider that has a certificate required by HRC §42.041(b)(27); and (3) update the population threshold triggering the public hearing requirement for a general residential operation (GRO) from 300,000 to 500,000. The amendments also remove duplicative content and improve the readability and understanding of the rules.

COMMENTS

The 31-day comment period ended April 27, 2026.

HHSC received one comment regarding the proposed rule from one individual. The individual responded "ok" to the proposal.

HHSC made minor editorial changes in §745.115 to remove hyphens in the terms "child care" and "elementary age."

STATUTORY AUTHORITY

The amendment is adopted under 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 Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the amendments are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules to carry out provisions related to regulatory exemptions and public hearing requirements.

§745.115. Programs and Facilities Regulated by Other Governmental Entities Exempt from CCR Regulation.

The following programs and facilities regulated by other governmental entities are exempt from Child Care Regulation (CCR).

(1) Programs and facilities regulated by federal or tribal governmental entities, including:

(A) a child care facility located on:

(i) a federal military base or other federal property that has a certificate to operate issued by the United States Department of Defense, as required by Texas Human Resources Code (HRC) §42.041(b)(26); or

(ii) an Indian reservation;

(B) a program that provides 24-hour care only for persons not lawfully present in the United States who are in federal government custody; or

(C) a military family child care provider that has a certificate to operate issued by the United States Department of Defense, as required by HRC §42.041(b)(27).

(2) Programs and facilities regulated by other state governmental entities, including:

(A) a facility operated by the Texas Juvenile Justice Department;

(B) a facility providing services solely for the Texas Juvenile Justice Department;

(D) a youth camp licensed by the Texas Department of State Health Services; and

(E) a youth camp exempt from licensure by the Texas Department of State Health Services under Texas Health and Safety Code §141.0021.

(3) An elementary age recreation program for children ages 5 through 13 that meets the requirements in HRC§42.041(b)(14).

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 June 30, 2026.

TRD-202602696

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: July 20, 2026

Proposal publication date: March 27, 2026

For further information, please call: (512) 438-3269

SUBCHAPTER D. APPLICATION PROCESS

DIVISION 4. GENERAL RESIDENTIAL OPERATIONS PUBLIC NOTICE AND HEARING REQUIREMENTS

26 TAC §745.273

STATUTORY AUTHORITY

The amendment is adopted under 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 Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the amendments are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules to carry out provisions related to regulatory exemptions and public hearing requirements.

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 June 30, 2026.

TRD-202602697

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: July 20, 2026

Proposal publication date: March 27, 2026

For further information, please call: (512) 438-3269