TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 13. HEALTH PLANNING AND RESOURCE DEVELOPMENT

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes amendments to §13.11, concerning Purpose and Scope; §13.13, concerning Definitions; §13.18, concerning Noncompliance with Reporting Requirements; §13.19, concerning Confidential Data; §13.51, concerning Purpose and Scope; and §13.85, concerning Award Criteria and Selection for Funding.

BACKGROUND AND PURPOSE

The purpose of the proposal is to implement part of House Bill (HB) 3801, 89th Legislature, Regular Session, 2025, that repealed Texas Health and Safety Code (HSC) Chapter 104 and abolished the Statewide Health Coordinating Council (SHCC) and the nursing advisory committee (NAC) of that council effective September 1, 2025. The proposed amendments remove references to those topics from 25 Texas Administrative Code (TAC) Chapter 13.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §13.11, Purpose and Scope, removes references to HSC Chapter 104 and incorporates plain language to improve readability.

The proposed amendment to §13.13, Definitions, removes references to HSC Chapter 104 and incorporates plain language to improve readability where applicable without changing definitions set in statute.

The proposed amendment to §13.18, Noncompliance with Reporting Requirements, removes references to HSC Chapter 104 and incorporates plain language to improve readability and clarity of the process to notify entities of noncompliance with reporting requirements.

The proposed amendment to §13.19, Confidential Data, removes references to HSC Chapter 104 and incorporates plain language to improve readability.

The proposed amendment to §13.51, Purpose and Scope, removes references to HSC Chapter 104 and incorporates plain language to improve readability.

The proposed amendment to §13.85, Award Criteria and Selection for Funding, removes references to the NAC and HSC §104.0155, and incorporates plain language to improve readability.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, 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

DSHS 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 DSHS 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 DSHS;

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

(6) the proposed rules will not expand, limit, or repeal 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

Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not apply to small or micro-businesses, or rural communities.

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 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

Dr. Varun Shetty, Chief State Epidemiologist, has determined that for each year of the first five years the rules are in effect, the public benefit will be an improved consistency between legislative changes brought forth by the passing of HB 3801 89th Legislature, Regular Session, 2025, and the TAC.

Christy Havel Burton has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the proposed amendments to the rules are merely removing references to HSC Chapter 104, the SHCC, and the NAC of the SHCC.

TAKINGS IMPACT ASSESSMENT

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

PUBLIC COMMENT

Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rules, 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 26R042" in the subject line.

SUBCHAPTER B. DATA COLLECTION

25 TAC §§13.11, 13.13, 13.18, 13.19

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, HSC §105.005, and Acts 2025, 89th Leg., AS, Oh. 636 (HA 3801), Sect. 11(2), 11(3) off. September 1, 2025.

The amendments affect Texas Government Code §524.0151 and Texas Health and Safety Code Chapters 1001, 105, and §105.011.

§13.11. Purpose and Scope.

(a) The purpose of [the sections in] this subchapter is to implement the requirements of Texas [Health and Safety Code, Chapter 104, Subchapter D, which requires the department to adopt rules covering the collection of data from health care facilities, such as hospitals, and the dissemination of data to facilitate health planning and resource development;] Health and Safety Code(HSC)[,] Chapter 311, Subchapters C and D. The statutes address [concerning] the collection and reporting of hospital financial and utilization data and also include requirements for reporting [including data regarding the provision of] levels of charity care provided by certain nonprofit hospitals[,] and the submission of an annual report of a community benefits plan by certain nonprofit hospitals.

(b) The scope of this subchapter is to describe the criteria and procedures [which] the department uses to collect, distribute, and report required data [will use in implementing data collection, dissemination, and reporting requirements]. This subchapter applies to [will cover the collection and dissemination of data from the] public or private hospitals that are licensed as [included in the definition of the term "health care facilities" in the Health and Safety Code, Chapter 104, Subchapter A. The remaining entities included in the definition of the term "health care facilities" are not covered by this subchapter. If data covered by this subchapter will be collected from a public or private hospital that is] a general or special hospital [licensed] under HSC [the Health and Safety Code,] Chapter 241; a private mental hospital [licensed] under HSC [the Health and Safety Code,] Chapter 577; or a treatment facility [licensed] under HSC [the Health and Safety Code,] Chapter 464. The[, the] data is [will be] collected under authority of, and in compliance with, HSC Chapter [the requirements of the Health and Safety Code, Chapters 104 and] 311.

§13.13. Definitions.

The following [words and] terms[, when used] in this subchapter[, shall] have the following meanings, unless the context clearly indicates otherwise.

[(1) Chapter 104--Provisions relating to the data collection responsibilities of the Department of State Health Services as the state health planning and development agency found within the Health and Safety Code, Title 2.]

(1) [(2)] Chapter 311--Relates [Provisions relating] to the powers and duties of hospitals found within Texas [the] Health and Safety Code (HSC)[,] Title 4.

(2) [(3)] Charity care--The unreimbursed cost to a hospital of:

(A) providing, funding, or otherwise financially supporting health care services on an inpatient or outpatient basis to a person classified by the hospital as financially or medically indigent; and/or

(B) providing, funding, or otherwise financially supporting health care services provided to financially indigent persons through other nonprofit or public outpatient clinics, hospitals, or health care organizations.

(3) [(4)] Community benefits--The unreimbursed cost to a hospital of providing charity care, government-sponsored indigent health care, donations, education, government-sponsored program services, research, and subsidized health services. Community benefits do not include the cost to the hospital of paying any taxes or other governmental assessments.

(4) [(5)] Department--The Texas Department of State Health Services.

(5) [(6)] Donations--The unreimbursed costs of providing cash and in-kind services and gifts, including facilities, equipment, personnel, and programs, to other nonprofit or public outpatient clinics, hospitals, or health care organizations.

(6) [(7)] Education-related cost--The unreimbursed cost to a hospital of providing, funding, or otherwise financially supporting educational benefits, services, and programs, including:

(A) education of medical professionals and health care providers;

(B) scholarships and funding to medical schools, colleges, and universities for health professions education;

(C) education of patients concerning diseases and home care in response to community needs; and

(D) community health education through informational programs, publications, and outreach activities in response to community needs.

(7) [(8)] Financially indigent--An uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for the services rendered based on the hospital's eligibility system.

(8) [(9)] Government-sponsored [Government sponsored] indigent health care--The unreimbursed cost to a hospital of providing health care services to recipients of Medicaid and other federal, state, or local indigent health care programs, eligibility for which is based on financial need.

(9) [(10)] Government-sponsored program unreimbursed costs--The unreimbursed cost to the hospital of providing health care services to the beneficiaries of Medicare, the Civilian Health and Medical Program of the Uniformed Services, and other federal, state, or local government health care programs.

(10) [(11)] Health care facility--Regardless of ownership, a public or private hospital, skilled nursing facility, intermediate care facility, ambulatory surgical facility, family planning clinic that [which] performs ambulatory surgical procedures, rural health initiative clinic, urban health initiative clinic, kidney disease treatment facility, inpatient rehabilitation facility, and other facilities as defined by federal law. This definition[, but] does not include an [the] office of physicians or practitioners of the healing arts, singly or in groups, in the conduct of their profession.

(11) [(12)] Health care organization--A nonprofit or public organization that provides, funds, or otherwise financially supports health care services provided to financially indigent persons.

(12) [(13)] Hospital--A general or special hospital licensed under HSC [the Health and Safety Code,] Chapter 241; a private mental hospital licensed under HSC [the Health and Safety Code,] Chapter 577; and a treatment facility licensed under HSC [the Health and Safety Code,] Chapter 464.

(13) [(14)] Hospital eligibility system--The financial criteria and procedure used by a hospital to determine if a patient is eligible for charity care. The system shall include income levels and means testing indexed to the federal poverty guidelines; provided, however, that a hospital may not establish an eligibility system that [which] sets the income level eligible for charity care lower than that required by counties under HSC §61.023 or higher, in the case of the financially indigent, than 200% of the federal poverty guidelines. A hospital may determine that a person is financially or medically indigent pursuant to the hospital's eligibility system after health care services are provided.

(14) [(15)] Hospital system--A system of local nonprofit hospitals under the common governance of a single corporate parent that are located within a radius of not more than 125 linear miles of the corporate parent.

(15) [(16)] Medically indigent--A person whose medical or hospital bills after payment by third-party payors exceed a specified percentage of the patient's annual gross income, determined in accordance with the hospital's eligibility system, and the person is financially unable to pay the remaining bill.

(16) [(17)] Net patient revenue--An accounting term [that shall be] calculated in accordance with generally accepted accounting principles for hospitals.

(17) [(18)] Nonprofit hospital--

(A) A hospital that is organized as a nonprofit corporation or a charitable trust under the laws of this state or any other state or country and is:

(i) eligible for tax-exempt bond financing; or

(ii) exempt from state franchise, sales, ad valorem, or other state or local taxes. [For purposes of determining whether a hospital is "organized" as a nonprofit corporation or charitable trust, the department will look at the entity which holds the hospital license issued by the department; that is the entity which must be organized as a nonprofit corporation or charitable trust.]

(B) A "nonprofit hospital" shall not include a hospital that:

(i) is exempt from state franchise, sales, ad valorem, or other state or local taxes;

(ii) does not receive payment for providing health care services to any inpatients or outpatients from any source, including[, but not limited to,] the patient or any person legally obligated to support the patient, third-party payers, Medicare, Medicaid, or any other federal, state, or local indigent care program; payment for providing health care services does not include charitable donations, legacies, bequests, or grants or payments for research; and

(iii) does not discriminate on the basis of inability to pay, race, color, creed, religion, or sex [gender] in its provision of services.

(C) A "nonprofit hospital" does not include a hospital that is located in a county with a population under 50,000 where the entire county or the population of the entire county has been designated as a health professional shortage area. A "nonprofit hospital" includes a hospital that is located in a county with a population under 50,000 population where only a subpopulation, partial geographic area or a facility is designated as a health professional shortage area.

(18) [(19)] Patient data--Information derived from individual, acute care, inpatient, and outpatient discharge abstract records.

(19) [(20)] Subsidized health services--Services provided by a hospital in response to community needs for which the reimbursement is less than the hospital's cost for providing the services and which must be subsidized by other hospital or nonprofit supporting entity revenue sources. Subsidized health services include[, but are not limited to,] emergency and trauma care, neonatal intensive care, freestanding community clinics, and collaborative efforts with local government or private agencies in preventive medicine.

(20) [(21)] Survey--The annual data collection [effort] conducted by the department to implement the provisions of Texas Health and Safety Code Chapter [, Chapters 104 and] 311.

(21) [(22)] Tax-exempt [Tax exempt] benefits--All of the following, calculated in accordance with standard accounting principles for hospitals for tax purposes using the applicable statutes, rules, and regulations regarding the calculation of these taxes:

(A) the dollar amount of federal, state, and local taxes, including income, franchise, ad valorem, and sales taxes, foregone by a nonprofit hospital and its nonprofit supporting entities[. For purposes of this definition federal, state, and local taxes include income, franchise, ad valorem, and sales taxes];

(B) the dollar amount of contributions received by a nonprofit hospital and its nonprofit supporting entities; and

(C) the value of tax-exempt bond financing received by a nonprofit hospital and its nonprofit supporting entities.

(22) [(23)] Unreimbursed costs--The costs a hospital incurs for providing services after subtracting payments received from any source for such services, including [but not limited to the following]: third-party insurance payments; Medicare payments; Medicaid payments; Medicare education reimbursements; state reimbursements for education; payments from drug companies to pursue research; grant funds for research; and disproportionate share payments. For purposes of this definition, the term "costs" shall be calculated by applying the cost to charge ratios derived in accordance with generally accepted accounting principles for hospitals to billed charges. The calculation of the cost to charge ratios shall be based on the most recently completed and audited prior fiscal year of the hospital or hospital system. For purposes of this definition, charitable contributions and grants to a hospital, including transfers from endowment or other funds controlled by the hospital or its nonprofit supporting entities, shall not be subtracted from the costs of providing services for purposes of determining the unreimbursed costs of charity care and government-sponsored indigent health care.

§13.18. Noncompliance with Reporting Requirements.

(a) Reporting of data through [on] the online survey form for the Annual Survey of Hospitals (ASH).

(1) A hospital that does not complete and submit the online survey form to the department within the 60-day reporting period and according to §13.15 of this subchapter (relating to Survey Forms and Methods of Reporting Data), will be notified of non-compliance in writing by certified mail with return receipt.

[(1) If a hospital does not submit the completed online survey form to the Department of State Health Services (department) within the 60-day reporting period and in accordance with §13.15 of this title (relating to Survey Forms and Methods of Reporting Data), the department may institute the following procedures.]

[(A) The department will notify the entity in writing by certified mail, with return receipt requested, that the entity is in noncompliance with department reporting requirements and may be in violation of the Health and Safety Code, Chapter 104. The written notification will also state that the commissioner may request that the attorney general institute and conduct a suit in the name of the state to recover civil penalties if the hospital fails to submit the requested data to the department within 30 days of the date the entity received the notification letter.]

(2) [(B)] If the entity [department] does not send [receive] the requested data [from the non-responding hospital] within 30 days of receiving the certified mail [the specified time frame], the commissioner may notify the attorney general in writing that [of] the entity is in [entity's] noncompliance, providing[. The department will send] a copy of the [ written] notification to the entity [hospital].

[(2) A hospital that does not timely submit requested data to the department according to the requirements and procedures established in these sections is subject to a civil penalty of not more than $500 for each day of noncompliance, under the provisions of Health and Safety Code, Chapter 104.]

(b) Report of the Community Benefit Plan (CBP) [and the online Annual Statement of Community Benefits Standard (ASCBS)].

[(1)] A nonprofit hospital or hospital system that does not [timely] submit a CBP report, as described in Texas Health and Safety Code §311.046, to the department by April 30 of each year, may be assessed a civil penalty up to $1,000 each day for which the report is delinquent. The department notifies the entity of noncompliance by certified mail, with return receipt. No penalty may be assessed against a hospital until 10 business days after the written notification to the hospital of its failure to file a report. The commissioner notifies the attorney general in writing of noncompliant entities, providing a copy of the notification to the entity [to the Department of State Health Services (department) according to the requirements and procedures established in these sections is subject to a civil penalty of not more than $1,000 for each day of noncompliance, under the provisions of Health and Safety Code, Chapter 311].

[(2) If a nonprofit hospital or hospital system does not submit a CBP report to the department within the reporting period established in §13.17 of this title (relating to Duties of Nonprofit Hospitals under Health and Safety Code, Chapter 311), the department may institute the following procedures.]

[(A) The department will notify the entity in writing by certified mail, return receipt requested, that the entity is in noncompliance with department reporting requirements and may be in violation of the Health and Safety Code, Chapter 311. The written notification will also state that the commissioner may request that the attorney general institute and conduct a suit in the name of the state to recover civil penalties if the hospital or hospital system fails to submit the report to the department within ten days after receipt of the written notification letter.]

[(B) If the department does not receive the CBP report from the non-responding hospital or hospital system within the specified time frame, the commissioner may notify the attorney general in writing of the entity's noncompliance. The department will send a copy of the written notification to the hospital or hospital system.]

§13.19. Confidential Data.

[(a)] The following data received by the department [Department of State Health Services (department)] from a hospital is confidential under authority of Texas [the] Health and Safety Code Chapter[, Chapters 104 and] 311:

(1) information relating to a specific patient; and

(2) financial information about [relating to] a provider or hospital that was submitted before [prior to] September 1, 1987. Financial information about [All financial data regarding] a provider or facility submitted on or after September 1, 1987, is not [are no longer] confidential.

[(b) The department will establish appropriate internal controls to maintain confidentiality of patient level data.]

[(c) The department will disclose confidential patient information to a third party only upon receipt of appropriate written consent of the patient.]

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 July 10, 2026.

TRD-202602831

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 23, 2026

For further information, please call: (512) 696-3881


SUBCHAPTER E. DATA COLLECTION

25 TAC §13.51

STATUTORY AUTHORITY

The amendment is authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, HSC §105.005, and Acts 2025, 89th Leg., R.S., Ch. 636 (H.B. 3801), Secs. 11(2), 11(3) eff. September 1, 2025.

The amendment affects Texas Government Code §524.0151 and Texas Health and Safety Code Chapters 1001, 105, and §105.011.

§13.51. Purpose and Scope.

(a) The purpose of [the sections in] this subchapter is to implement Texas Health and Safety Code Chapter [, Chapters 104 and] 105, that provides rulemaking authority to the department[,] through the executive commissioner of the Health and Human Services Commission. This authority applies to[, rulemaking authority covering] the collection of data by [the Statewide Health Coordinating Council and] the Health Professions Resource Center.

(b) The scope of this subchapter is to describe the criteria and procedures for [which the department uses in implementing] data collection requirements of the relevant members of the Health Professions Council.

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 July 10, 2026.

TRD-202602832

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 23, 2026

For further information, please call: (512) 696-3881


SUBCHAPTER G. WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM

25 TAC §13.85

STATUTORY AUTHORITY

The amendment is authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, HSC §105.005, and Acts 2025, 89th Leg., R.S., Ch. 636 (H.B. 3801), Secs. 11(2), 11(3) eff. September 1, 2025.

The amendment affects Texas Government Code §524.0151 and Texas Health and Safety Code Chapters 1001, 105, and §105.011.

§13.85. Award Criteria and Selection for Funding.

(a) The department selects [will select] applicants for funding on a competitive basis.

(b) The department [will] only considers [consider] applicants that meet all requirements of the solicitation.

(c) A workgroup determined by the nursing resource section established under Texas Health and Safety Code §105.002, reviews and scores [taskforce assigned by the Nursing Advisory Committee, defined by Texas Health and Safety Code §104.0155, will review and score] proposals. The workgroup provides [taskforce will provide] recommendations for grant awards to the department.

(d) Each application must:

(1) provide a detailed explanation of the applicant's workplace violence prevention program, including:

(A) a development and implementation timeline;

(B) a description of the population identified to participate in the program;

(C) a detailed budget; and

(D) a description of the program's administration and support;

(2) describe how the workplace violence prevention program will reduce verbal and physical violence against nurses in the applicant's health care facility; and

(3) propose performance metrics to measure program outcomes, including changes in the severity and frequency of verbal and physical violence against nurses.

(e) Each solicitation defines [will define] the priority criteria for selection.

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 July 10, 2026.

TRD-202602833

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: August 23, 2026

For further information, please call: (512) 696-3881


PART 6. STATEWIDE HEALTH COORDINATING COUNCIL

CHAPTER 571. HEALTH PLANNING AND RESOURCE DEVELOPMENT

SUBCHAPTER A. STATEWIDE HEALTH COORDINATING COUNCIL

25 TAC §571.1, §571.2

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes the repeal of §571.1, concerning General Provisions, and §571.2, concerning State Health Plan and Plan Implementation.

BACKGROUND AND PURPOSE

The purpose of the proposal is to implement part of House Bill (HB) 3801, 89th Legislature, Regular Session, 2025, that repealed Texas Health and Safety Code (HSC) Chapter 104 and abolished the Statewide Health Coordinating Council (SHCC) effective September 1, 2025. This proposal removes unnecessary rules from 25 Texas Administrative Code (TAC) Part 6, Statewide Health Coordinating Council, consisting of Chapter 571, Subchapter A, §571.1 and §571.2.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §571.1 and §571.2 deletes the rules as they are no longer necessary.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, 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

DSHS 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 DSHS 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 DSHS;

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

(6) the proposed rules will not expand, limit, or repeal 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

Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not apply to small or micro-businesses, or rural communities.

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 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

Dr. Varun Shetty, Chief State Epidemiologist, has determined that for each year of the first five years the rules are in effect, the public benefit will be removal of unnecessary rules from the TAC brought forth by the passing of HB 3801 89th Legislature, Regular Session, 2025.

Christy Havel Burton has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules are being repealed.

TAKINGS IMPACT ASSESSMENT

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

PUBLIC COMMENT

Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rules, 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 26R042" in the subject line.

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which provide that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001 and Acts 2025, 89th Leg., R.S., Ch. 636 (H.B. 3801), Sec. 11(1), eff. September 1, 2025.

The repeals affect Texas Government Code §524.0151 and Texas Health and Safety Code Chapters 1001, 105, and §105.011.

§571.1. General Provisions.

§571.2. State Health Plan and Plan Implementation.

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 July 10, 2026.

TRD-202602836

Cynthia Hernandez

General Counsel

Statewide Health Coordinating Council

Earliest possible date of adoption: August 23, 2026

For further information, please call: (512) 696-3881