PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1. MISCELLANEOUS PROVISIONS
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 §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse; and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
The amendment to §1.81 and new §1.91 are adopted with changes to the proposed text as published in the September 29, 2023, issue of the Texas Register (48 TexReg 5617). The rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendment and new rule are adopted to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. S.B. 422 allows military service members, military spouses, and military veterans who are currently licensed by another jurisdiction to engage in a business or occupation in Texas and grants the person a verification letter or alternative license after meeting certain conditions to operate for three years. This adoption establishes requirements and procedures authorized by Texas Occupations Code Chapter 55 and does not modify or alter rights that may be provided under federal law.
COMMENTS
The 21-day comment period ended Friday October 20, 2023. During this period, DSHS did not receive any comments regarding the proposed rules.
DSHS updates §1.81(d)(2) and (e) to clarify the requirements of receiving a verification letter.
DSHS corrects punctuation errors in §1.81 and §1.91.
SUBCHAPTER F. LICENSURE EXEMPTIONS
STATUTORY AUTHORITY
The amendment is adopted under the Texas Occupations Code §§55.004, 55.005, and 55.0041; and Texas Government Code §531.0055(j) and Texas Health and Safety Code §1001.075, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
§1.81.Recognition of Out-of-State License of a Military Service Member and Military Spouse.
(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55, and does not modify or alter rights that may be provided under federal law.
(b) This section applies to all licenses and verifications issued by the Department of State Health Services (department) under authority granted by the Texas Health and Safety Code or Texas Occupations Code.
(c) Notwithstanding any other rule, a military service member or military spouse may engage in a business or occupation as if licensed in the State of Texas without obtaining the applicable license in Texas, if the military service member or military spouse:
(1) is currently licensed in good standing by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state;
(2) notifies the department, in writing, of the military service member's or military spouse's intent to practice in this state;
(3) submits proof of the military service member's or military spouse's residency in this state and a copy of the military service member or military spouse's military identification card; and
(4) receives from the department a verification letter that:
(A) the department has verified the military service member's or military spouse's license in another jurisdiction; and
(B) the military service member or military spouse is authorized to engage in the business or occupation in accordance with the Texas statutes and rules for that business or occupation.
(d) To receive a verification letter, the military service member or military spouse, must submit:
(1) a request to the department for recognition of the military service member's or military spouse's license issued by the other jurisdiction, on a form prescribed by the department;
(2) proof of residency in this state, which may include a copy of the permanent change-of-station order for the military service member;
(3) a copy of the military service member's or military spouse's military identification card; and
(4) proof the military service member is stationed at a military installation in Texas.
(e) The department has 30 days from the date a military service member or military spouse submits a request complying with subsection (d) of this section to verify that the military service member or military spouse is licensed in good standing in a jurisdiction that has licensing requirements that are substantially equivalent to the requirements for a license under the statutes and regulations of this state. Upon verification, the department shall issue a verification letter recognizing the licensure as the equivalent license in this state.
(f) The verification letter will expire three years from date of issuance or when the military service member is no longer stationed at a military installation in Texas, whichever comes first. The verification letter may not be renewed.
(g) In the event of a divorce or similar event that affects a person's status as a military spouse, the former military spouse that received a verification under subsection (d) of this section, may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the verification letter described by subsection (e) of this section.
(h) The military service member or military spouse shall comply with all applicable laws, rules, and standards of this state, including applicable Texas Health and Safety Code, Texas Occupations Code, and all relevant Texas Administrative Code provisions.
(i) The department may revoke the verification letter at its discretion. Grounds for revocation include:
(1) the military service member or military spouse fails to comply with subsection (h) of this section; or
(2) the military service member's or military spouse's license required under subsection (c)(1) of this section expires or is suspended or revoked in another jurisdiction.
(j) The department will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state.
(1) Whether the other jurisdiction requires an applicant to pass an examination that demonstrates competence in the field.
(2) Whether the other jurisdiction requires an applicant to meet any experience qualifications.
(3) Whether the other jurisdiction requires an applicant to meet any education qualifications.
(4) The other jurisdiction's license requirements, including the scope of work authorized by the license.
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 November 9, 2023.
TRD-202304126
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: December 1, 2023
Proposal publication date: September 29, 2023
For further information, please call: (512) 484-5470
STATUTORY AUTHORITY
The new rule is adopted under the Texas Occupations Code §§55.004, 55.005, and 55.0041; and Texas Government Code §531.0055(j) and Texas Health and Safety Code §1001.075, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
§1.91.Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55 and does not modify or alter rights that may be provided under federal law.
(b) This section applies to all licenses issued by the Department of State Health Services (department) under authority granted by the Texas Health and Safety Code or Texas Occupations Code.
(c) Notwithstanding any other rule, a military service member, military spouse, or military veteran may apply for an occupational license offered by the department if the military service member, military spouse, or military veteran:
(1) is currently licensed by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state, and the license is in good standing; or
(2) held the same license in Texas within the preceding five years.
(d) A military service member or military spouse must provide proof of residency in this state. This requirement is satisfied by providing a copy of the permanent change-of-station order assigning the military service member to a military installation in Texas.
(e) An applicant requesting a license under this section must meet all requirements for obtaining the license, including receiving appropriate credit for training, education, and professional experience.
(f) The department will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state.
(1) Whether the other jurisdiction requires an applicant to pass an examination that demonstrates competence in the field.
(2) Whether the other jurisdiction requires an applicant to meet any experience qualifications.
(3) Whether the other jurisdiction requires an applicant to meet any education qualifications.
(4) The other jurisdiction's license requirements, including the scope of work authorized under the license.
(g) The department will not charge a fee for the issuance of the license. The applicant will be responsible for fees associated with a required background check.
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 November 9, 2023.
TRD-202304127
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: December 1, 2023
Proposal publication date: September 29, 2023
For further information, please call: (512) 484-5470
SUBCHAPTER B. MANAGEMENT AND PERSONNEL
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §228.33, concerning Food Allergen Awareness Poster Required.
New §228.33 is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 4986). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted new section is necessary to comply with Senate Bill (S.B.) 812, 88th Legislature, Regular Session, 2023. S.B. 812 amends the Texas Health and Safety Code to add §437.027, which requires retail food establishments display a poster relating to food allergen awareness in an area of the establishment regularly accessible to the establishment's food service employees. S.B. 812 prescribes the content of the poster at Texas Health and Safety Code §437.027(b).
COMMENTS
The 31-day comment period ended October 9, 2023.
During this period, DSHS received comments regarding the proposed rule from three commenters, including Food Allergy Research & Education (FARE), San Antonio Wing-Stop, and The Kroger Company. A summary of comments relating to the rule and DSHS responses follows.
Comment: A commenter from FARE made general remarks about the importance of food allergy awareness among food establishment employees and made several suggestions regarding the content of the poster itself.
Response: DSHS will take FARE's suggestions into consideration in the development of the required sample Food Allergen Awareness poster.
Comment: Two industry commenters asked questions about implementation of the poster itself but did not comment on the proposed rule.
Response: DSHS responded directly to the individual commenters with answers to their specific questions. DSHS informed the commenters regarding when and how the allergen awareness poster will be available for self-printing from the DSHS Retail Food Safety website. DSHS also informed the commenters that an establishment can use a poster other than the DSHS sample poster if it meets the requirements of the statute. DSHS also informed the commenters the enforcement of the poster requirement cannot begin until September 1, 2024.
STATUTORY AUTHORITY
The adopted new rule is authorized by Texas Health and Safety Code §437.027(c), which directs the Executive Commissioner of HHSC to adopt rules to implement legislation; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies 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 November 7, 2023.
TRD-202304101
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: December 1, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 800-5343
SUBCHAPTER K. TEXAS FOOD ESTABLISHMENTS
25 TAC §§229.172, 229.176 - 229.178
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §229.172, concerning Accreditation of Certified Food Management Programs; §229.176, concerning Certification of Food Managers; §229.177, Certification of Food Managers in Areas Under the Department of State Health Services Permitting Jurisdiction; and §229.178, concerning Accreditation of Food Handler Education or Training Programs.
The amendment to §229.177 is adopted with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5455). This rule will be republished. The amendments to §§229.172, 229.176, and 229.178 are adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5455). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to comply with Senate Bill (S.B.) 812, 88th Legislature, Regular Session, 2023, which amends Texas Health and Safety Code §438.043 and §438.0431. S.B. 812 requires allergen training be included in DSHS-accredited Certified Food Manager (CFM) and Food Handler (FH) training. S.B. 812 also amends Texas Health and Safety Code §438.103 and requires state-approved CFM examinations to include questions testing food allergen awareness. The adopted amendments reflect the required addition of food allergen awareness to DSHS-accredited CFM and FH training programs and CFM examinations.
COMMENTS
The 21-day comment period ended October 13, 2023.
During this period, DSHS did not receive any comments regarding the proposed rules.
DSHS corrects a punctuation error in §229.177(c)(2).
STATUTORY AUTHORITY
The adopted amendments are authorized by Texas Health and Safety Code §438.0431(b), which directs the Executive Commissioner of HHSC to adopt rules to implement legislation; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies 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.
§229.177.Certification of Food Managers in Areas Under the Department of State Health Services Permitting Jurisdiction.
(a) Purpose. The purpose of this section is to implement a food manager certification requirement as authorized in the Texas Health and Safety Code, Chapter 437, §437.0076(b). Certification of food managers after testing on food safety principles reduces the risk of foodborne illness outbreaks caused by improper food preparation and handling techniques.
(b) Food manager certification required. One certified food manager must be employed by each food establishment permitted under Texas Health and Safety Code, §437.0055. Certification must be obtained by passing a department approved examination at an approved examination site and meeting all requirements in Texas Health and Safety Code, Chapter 438, Subchapter G, and §229.176 of this title (relating to Certification of Food Managers).
(c) Food manager certification exemptions. The following food establishments are exempt from the requirements in subsection (b) of this section:
(1) establishments that handle only prepackaged food and do not package food as exempted in Texas Health and Safety Code, §437.0076(c);
(2) child care facilities as exempted by Texas Health and Safety Code, §437.0076(f);
(3) establishments that do not prepare or handle exposed Time/Temperature Control for Safety (TCS) food--(formerly Potentially Hazardous Food (PHF)), as defined in 2017 FDA Food Code 1-201.10; or
(4) nonprofit organizations as defined in §229.371(9) of this title (relating to Permitting Retail Food Establishments).
(d) Responsibilities of a certified food manager. Responsibilities of a certified food manager include:
(1) identifying hazards in the day-to-day operation of a food establishment that provide food for human consumption;
(2) developing or implementing specific policies, procedures or standards to prevent foodborne illness;
(3) supervising or directing food preparation activities and ensuring appropriate corrective actions are taken as needed to protect the health of the consumer;
(4) training the food establishment employees on the principles of food safety; and
(5) performing in-house self-inspections of daily operations on a periodic basis to ensure that policies and procedures concerning food safety are being followed.
(e) Certificate reciprocity. A certificate issued to an individual who successfully completes a department approved examination shall be accepted as meeting the training and testing requirements under Texas Health and Safety Code, §438.046(b).
(f) Certificate posting. The original food manager certificate shall be posted in a location in the food establishment that is conspicuous to consumers.
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 November 7, 2023.
TRD-202304102
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: December 1, 2023
Proposal publication date: September 22, 2023
For further information, please call: (512) 800-5343