TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 3. ADVISORY COMMITTEES, COUNCILS, AND BOARDS
25 TAC §3.1The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §3.1, concerning Texas School Health Advisory Committee.
Section 3.1 is adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3357). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The Texas School Health Advisory Committee (TSHAC) rule is repealed from 25 TAC Chapter 37 and relocated to 25 TAC Chapter 3. The reorganization improves public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The repeal is adopted in this issue of the Texas Register. The new rule is updated to align with the Health and Human Services advisory committee rule template and is substantially similar to the rule proposed for repeal. Additionally, the new rule aligns with statute and Executive Order No. GA-55, issued January 31, 2025.
COMMENTS
The 21-day comment period ended June 27, 2025.
During this period, DSHS did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The new rule is adopted under Texas Health and Safety Code §1001.0711, which provides that the executive commissioner will establish the School Health Advisory Committee at the department by rule; Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; and Texas Health and Safety Code §1001.075, which authorizes the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
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 14, 2025.
TRD-202502499
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: June 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 31. NUTRITION SERVICES
SUBCHAPTER B.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter B, consisting of §31.11, concerning Definitions; and §31.12, concerning Program Administration.
All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3360). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal of the rules in Subchapter B, Farmers' Market Nutrition Program, is necessary. The Farmers' Market Nutrition Program is no longer administered by HHSC as the program was transferred to the Texas Department of Agriculture.
COMMENTS
The 21-day comment period ended June 27, 2025. During this period, HHSC did not receive any comments regarding the proposed repeals.
STATUTORY AUTHORITY
The repeals 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.
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 14, 2025.
TRD-202502446
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: June 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 37. MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER R.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §37.350, concerning Texas School Health Advisory Committee.
The repeal of §37.350 is adopted with no changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3361). The repeal will not be republished.
BACKGROUND AND JUSTIFICATION
The Texas School Health Advisory Committee rule is repealed from 25 TAC Chapter 37 and relocated to 25 TAC Chapter 3. This reorganization improves public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. The new rule is adopted in this issue of the Texas Register and is substantially similar to the rule that is repealed. The new rule is updated to align with the Health and Human Services advisory committee rule template and with statute and Executive Order No. GA-55, issued January 31, 2025.
COMMENTS
The 21-day comment period ended June 27, 2025.
During this period, DSHS did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal 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 Health and Safety Code §1001.075, which authorizes the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
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 14, 2025.
TRD-202502500
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: June 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 217. MILK AND DAIRY
SUBCHAPTER A.
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §217.2, concerning Adopted Regulations and Standards for milk.
Section 217.2 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2889). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment is necessary to comply with the current revision of the Pasteurized Milk Ordinance (PMO). This amendment is also necessary to comply with the current revision of three additional sets of federal standards and regulations which, like the PMO, are published as a joint effort between the United States Department of Health and Human Services (USDHHS), United States Food and Drug Administration (FDA), United States Public Health Service (USPHS), and National Conference of Interstate Milk Shipments (NCIMS).
The additional standards and regulations are entitled:
1) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments (Procedures);
2) Methods for Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Product Manufacturers (Methods); and
3) Evaluation of Milk Laboratories (EML).
COMMENTS
The 31-day comment period ended June 16, 2025.
During this period, DSHS did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is authorized by Health and Safety Code §435.003, which authorizes the executive commissioner to adopt rules providing specifications for the production and handling of milk and milk products; Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
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 14, 2025.
TRD-202502501
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: May 16, 2025
For further information, please call: (512) 289-1704
CHAPTER 417. AGENCY AND FACILITY RESPONSIBILITIES
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, consisting of §417.1, concerning Purpose; §417.2, concerning Application; §417.3, concerning Compliance with Nondiscrimination Laws; §417.6, concerning Assignment and Use of Pooled Vehicles; §417.7, concerning Inscription on State Vehicles; §417.9, concerning Material Safety Data Sheets; §417.14, concerning Non-Commercial Groups; §417.23, concerning Unauthorized Departures That May Have Unusual Consequences; §417.27, concerning Depositing Department Funds; §417.29, concerning Benefit Funds: Use and Control; §417.33, concerning Mail for Staff Residing On Campus; §417.34, concerning Commercial Solicitation on Grounds; and, in Subchapter K, §417.509, concerning Peer Review; §417.514, concerning TDMHMR Administrative Responsibilities; §417.516, concerning Exhibits; §417.517, concerning References; and §417.518, concerning Distribution.
All sections are adopted without changes to the proposed text as published in the June 6, 2025, issue of the Texas Register (50 TexReg 3366).These rules will not be republished.
BACKGROUND AND JUSTIFICATION
During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Texas Department of State Health Services, including client services, certain regulatory functions, and the operation of state hospitals, transferred to the HHSC. The repeals are necessary to remove rules that are no longer necessary.
These rules are duplicative of agency rules located in Texas Administrative Code, Title 26, Chapters 910, 926 and 930 and agency policies.
COMMENTS
The 21-day comment period ended June 27, 2025. During this period, HHSC did not receive any comments regarding the proposed repeals.
SUBCHAPTER A.
STATUTORY AUTHORITY
The repeals 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.
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 14, 2025.
TRD-202502447
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: June 6, 2025
For further information, please call: (512) 221-9021
SUBCHAPTER K.
STATUTORY AUTHORITY
The repeals 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.
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 14, 2025.
TRD-202502448
Karen Ray
Chief Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: June 6, 2025
For further information, please call: (512) 221-9021
CHAPTER 448. STANDARD OF CARE
SUBCHAPTER A.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts the repeal of Chapter 448, consisting of §448.101, concerning Definitions.
Section 448.101 is adopted without changes to the proposed text as published in the May 23, 2025, issue of the Texas Register (50 TexReg 3100). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The repeal is necessary to remove an obsolete rule. Section 448.101 was adopted in 2004 to adopt by reference definitions originally located in Title 40, Chapter 141 that have since been repealed.
COMMENTS
The 21-day comment period ended June 13, 2025. During this period, HHSC did not receive any comments regarding the proposed repeal.
STATUTORY AUTHORITY
The repeal 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.
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 14, 2025.
TRD-202502503
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: August 3, 2025
Proposal publication date: May 23, 2025
For further information, please call: (512) 221-9021