TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 910. STATE FACILITY BUSINESS OPERATIONS
SUBCHAPTER
G.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §910.301, concerning Purpose; §910.303, concerning Application; §910.305, concerning Definitions; and §910.307, concerning State Hospital Superintendent, in Texas Administrative Code Title 26, Part 1, Chapter 910, new Subchapter G, concerning State Hospital Management.
BACKGROUND AND PURPOSE
The proposal is necessary to comply with Texas Health and Safety Code (HSC) §552.154 added by House Bill (HB) 913, 89th Legislature, Regular Session, 2025. It provides that the HHSC executive commissioner shall, by rule, require state hospitals to employ a superintendent at a Texas state hospital. A Texas state hospital also includes a facility that HHSC operates as a state hospital. HB 913 amended HSC §532.001(b) and §552.002(a)(2) to separate the North Texas State Hospital into two state hospitals, Vernon and Wichita Falls. HSC §532.001(b) and §552.002(a)(2) were amended to also add the new Panhandle State Hospital and the Lubbock Psychiatric Center to the list of state hospitals.
This proposal also outlines the duties a superintendent must perform in a Texas state hospital, as required by HSC §551.022.
SECTION-BY-SECTION SUMMARY
Proposed new §910.301 describes that the purpose of the subchapter is to require a Texas state hospital to employ a superintendent as stated in HSC §552.154.
Proposed new §910.303 states that the rules apply to a superintendent of a Texas state hospital and to a Texas state hospital listed in HSC §552.002(a)(2). Section 910.303 clarifies that the rule does not apply to state hospital contracted beds.
Proposed new §910.305 defines terms used in this subchapter.
Proposed new §910.307 describes requirements for a Texas state hospital to employ a superintendent as required by HSC §552.154. Section 551.022 describes the duties the superintendent must perform.
FISCAL NOTE
Trey Wood, 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
HHSC 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 HHSC 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 HHSC;
(5) the proposed rules will create new regulations;
(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
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules do not apply to small businesses, 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 are necessary to protect the health, safety, and welfare of the residents of Texas; 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
Kristy Carr, Associate Commissioner of State Hospitals, has determined that for each year of the first five years the rules are in effect, the public benefit will be improved state hospital efficiencies and oversight, and consistency among state hospitals.
Trey Wood 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 there is no requirement to alter current business practices and there are no new fees or costs imposed on those required to comply.
TAKINGS IMPACT ASSESSMENT
HHSC 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 rule, 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 26R006" in the subject line.
STATUTORY AUTHORITY
The new sections are authorized by 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; HSC §552.001, which provides HHSC with authority to operate state hospitals; and HSC §552.154, which requires the executive commissioner of HHSC by rule to require state hospitals to employ a superintendent.
The new sections affect Texas Government Code §524.0151 and HSC §552.001 and §552.154.
§910.301.
The purpose of this subchapter is to require a Texas state hospital to employ a superintendent as stated in Texas Health and Safety Code §552.154.
§910.303.
(a) This subchapter applies to:
(1) a superintendent of a Texas state hospital; and
(2) a Texas state hospital listed under Texas Health and Safety Code §552.002(a)(2), as well as, a facility that the Texas Health and Human Services Commission operates as a state hospital.
(b) This subchapter does not apply to a contracted state hospital bed funded by HHSC.
§910.305.
The following terms in this subchapter have the following meanings, unless the context clearly indicates otherwise.
(1) HHSC--Texas Health and Human Services Commission.
(2) Individual--A person receiving services under this subchapter.
(3) State hospital--A Texas state hospital listed under Texas Health and Safety Code §552.002(a)(2), or a facility that HHSC operates as a state hospital.
(4) Superintendent--A person who manages and oversees how a state hospital operates or that person's designee.
§910.307.
(a) A state hospital must employ a superintendent as required by Texas Health and Safety Code §552.154.
(b) A state hospital superintendent must perform all duties listed in Texas Health and Safety Code §551.022, including:
(1) operate, manage, and supervise a state hospital operation, finances, and property;
(2) support and protect the safety, rights, and interests of an individual in a state hospital; and
(3) ensure a state hospital administration follows state and federal statute, rules, and policies that apply to state hospitals.
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 April 29, 2026.
TRD-202601845
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: June 14, 2026
For further information, please call: (512) 438-3049