Texas Register
April 9, 2021
Volume 46 Number 15
Pages 2271-2510

IN THIS ISSUE


THE GOVERNOR

Appointments

EMERGENCY RULES

HEALTH AND HUMAN SERVICES COMMISSION

COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSING
26 TAC §500.20
LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
OPERATIONS AND SAFETY PROVISIONS
26 TAC §550.213
INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
26 TAC §551.47
LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
26 TAC §553.2003
LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
26 TAC §558.960
DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
26 TAC §559.65

DEPARTMENT OF AGING AND DISABILITY SERVICES

INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
40 TAC §9.194

PROPOSED RULES

TEXAS DEPARTMENT OF LICENSING AND REGULATION

VEHICLE STORAGE FACILITIES
16 TAC §85.710

TEXAS EDUCATION AGENCY

SCHOOL DISTRICTS
19 TAC §61.1033
19 TAC §61.1036, §61.1040

HEALTH AND HUMAN SERVICES COMMISSION

PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
26 TAC §§303.101 - 303.103
26 TAC §303.103
26 TAC §§303.201 - 303.204
26 TAC §§303.301 - 303.303
26 TAC §303.401
26 TAC §§303.501, 303.502, 303.504
26 TAC §§303.601 - 303.603
26 TAC §303.701, §303.703
26 TAC §303.801
26 TAC §§303.901 - 303.913
LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
26 TAC §§553.61 - 553.64
GENERAL PROVISIONS
26 TAC §553.100, §553.101
PROVISIONS APPLICABLE TO ALL FACILITIES
26 TAC §553.103, §553.104
BUILDING REHABILITATION
26 TAC §553.107
EXISTING SMALL TYPE A ASSISTED LIVING FACILITIES
26 TAC §§553.110 - 553.113. 553.115 - 553.119
EXISTING SMALL TYPE B ASSISTED LIVING FACILITIES
26 TAC §§553.120 - 553.123, 553.125 - 443.129
EXISTING LARGE TYPE A ASSISTED LIVING FACILITIES
26 TAC §§553.130 - 553.139
EXISTING LARGE TYPE B ASSISTED LIVING FACILITIES
26 TAC §§553.140 - 553.149
NEW SMALL TYPE A ASSISTED LIVING FACILITIES
26 TAC §§553.210 - 553.213, 553.215 - 553.219
NEW SMALL TYPE B ASSISTED LIVING FACILITIES
26 TAC §§553.220 - 553.223, 553.225 - 553.229
NEW LARGE TYPE A ASSISTED LIVING FACILITIES
26 TAC §§553.230 - 553.239
NEW LARGE TYPE B ASSISTED LIVING FACILITIES
26 TAC §§553.240 - 553.249
SPECIALIZED ASSISTED LIVING FACILITIES
26 TAC §553.251
MINIMUM STANDARDS FOR INDEPENDENT FOSTER HOMES
26 TAC §§750.1, 750.3, 750.5
DEFINITIONS
26 TAC §750.41, §750.43
SERVICES
26 TAC §750.61
PERMIT HOLDER RESPONSIBILITIES
26 TAC §§750.101, 750.103, 750.105, 750.107, 750.109, 750.111
GOVERNING BODY
26 TAC §750.121, §750.123
FISCAL REQUIREMENTS
26 TAC §750.131, §750.133
FOSTER HOME POLICIES
26 TAC §§750.151, 750.153, 750.155, 750.157, 750.159, 750.161, 750.163, 750.165, 750.167, 750.169, 750.171
CLIENTS AND APPEALS
26 TAC §§750.181, 750.183, 750.185
REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES; OPERATIONS RECORDS; AND PERSONNEL RECORDS
26 TAC §750.201
CLIENT RECORDS
26 TAC §§750.231, 750.233, 750.235, 750.237, 750.239, 750.241, 750.243, 750.245
GENERAL REQUIREMENTS
26 TAC §750.301
EXECUTIVE DIRECTOR
26 TAC §750.331, §750.333
TREATMENT DIRECTOR
26 TAC §§750.351, 750.353, 750.355
TREATMENT SERVICES PROVIDED BY NURSING PROFESSIONALS; CONTRACT STAFF AND VOLUNTEERS
26 TAC §750.371, §750.373
26 TAC §750.401, §750.403
26 TAC §§750.451, 750.453, 750.455
26 TAC §750.501, §750.503
26 TAC §750.601
26 TAC §750.701
26 TAC §750.801
26 TAC §750.901
26 TAC §§750.1001, 750.1003 - 750.1005, 750.1007, 750.1009
26 TAC §750.1101
26 TAC §750.1201

SCHOOL LAND BOARD

LAND RESOURCES
31 TAC §§155.1, 155.3, 155.15

TEXAS DEPARTMENT OF TRANSPORTATION

ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
43 TAC §§2.201 - 2.214
43 TAC §§2.201 - 2.207

WITHDRAWN RULES

HEALTH AND HUMAN SERVICES COMMISSION

FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
26 TAC §509.67
INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
26 TAC §551.47
LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
26 TAC §553.2003

ADOPTED RULES

TEXAS ALCOHOLIC BEVERAGE COMMISSION

LICENSING
16 TAC §33.3
16 TAC §33.16

DEPARTMENT OF STATE HEALTH SERVICES

HOSPITAL LICENSING
25 TAC §133.46
AMBULATORY SURGICAL CENTERS
25 TAC §135.4
BIRTHING CENTERS
25 TAC §137.39
ABORTION FACILITY REPORTING AND LICENSING
25 TAC §139.60
FOOD AND DRUG
25 TAC §229.144
RADIATION CONTROL
25 TAC §289.233
25 TAC §289.233

HEALTH AND HUMAN SERVICES COMMISSION

SPECIAL CARE FACILITIES
26 TAC §506.37
END STAGE RENAL DISEASE FACILITIES
26 TAC §507.50
FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
26 TAC §509.67
PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
26 TAC §510.45
LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
26 TAC §§558.1 - 558.3
26 TAC §§558.11 - 558.13, 558.15, 558.17, 558.19, 558.21, 558.23, 558.25, 558.27. 558.29 - 558.31
GENERAL PROVISIONS
26 TAC §558.202
CONDITIONS OF A LICENSE
26 TAC §§558.208, 558.213 - 558.220, 558.222
AGENCY ADMINISTRATION
26 TAC §§558.241 - 558.250, 558.252, 558.255 - 558.257, 558.259, 558.260
PROVISION AND COORDINATION OF TREATMENT SERVICES
26 TAC §§558.281 - 558.287, 558.289 - 558.292, 558.295 - 558.299, 558.301 - 558.303
BRANCH OFFICES AND ALTERNATE DELIVERY SITES
26 TAC §558.321, §558.322
26 TAC §§558.401, 558.402, 558.404 - 558.407
GENERAL
26 TAC §§558.501, 558.503, 558.505, 558.507
THE SURVEY PROCESS
26 TAC §§558.521, 558.523, 558.525, 558.527
26 TAC §§558.601 - 558.604
26 TAC §558.701
HOSPICE GENERAL PROVISIONS
26 TAC §558.801
INITIAL AND COMPREHENSIVE ASSESSMENT OF A HOSPICE
26 TAC §558.810, §558.811
HOSPICE INTERDISCIPLINARY TEAM, CARE PLANNING, AND COORDINATION OF SERVICES
26 TAC §§558.820, 558.821, 558.823
HOSPICE CORE SERVICES
26 TAC §§558.830, 558.832, 558.834
HOSPICE NON-CORE SERVICES
26 TAC §§558.842 - 558.845
HOSPICE ORGANIZATION AND ADMINISTRATION OF SERVICES
26 TAC §§558.852 - 558.857, 558.859 - 558.863
26 TAC §558.861
HOSPICE INPATIENT UNITS
26 TAC §558.870, §558.871
HOSPICES THAT PROVIDE HOSPICE CARE TO RESIDENTS OF A SKILLED NURSING FACILITY, NURSING FACILITY, OR INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
26 TAC §558.880
TREATMENT FACILITIES FOR INDIVIDUALS WITH SUBSTANCE-RELATED DISORDERS
26 TAC §564.28
MINIMUM STANDARDS FOR SCHOOL-AGE AND BEFORE OR AFTERSCHOOL PROGRAMS
PERMIT HOLDER RESPONSIBILITIES
26 TAC §§744.201, 744.203, 744.205, 744.207
REQUIRED NOTIFICATIONS
26 TAC §§744.305, 744.307, 744.309, 744.311
RECORDS OF ACCIDENTS AND INCIDENTS
26 TAC §744.701
RECORDS THAT MUST BE KEPT ON FILE AT THE OPERATION
26 TAC §744.801
ILLNESS AND INJURY
26 TAC §744.2575, §744.2577
LICENSING
DEFINITIONS FOR THE LANGUAGE USED IN THIS CHAPTER
26 TAC §745.11
DEFINITIONS FOR LICENSING
26 TAC §745.21
DEFINITIONS
26 TAC §745.101
DEFINITIONS
26 TAC §§745.115, 745.117, 745.119, 745.125, 745.127, 745.129, 745.131, 745.135, 745.141, 745.143
STAGES OF THE APPLICATION PROCESS AND PRE-APPLICATION INTERVIEW
26 TAC §745.211, §745.215
SUBMITTING THE APPLICATION MATERIALS
26 TAC §§745.241, 745.243, 745.249, 745.251, 745.253, 745.255
26 TAC §745.253
PUBLIC NOTICE AND HEARING REQUIREMENTS FOR RESIDENTIAL CHILD-CARE OPERATIONS
26 TAC §745.273, §745.275
PUBLIC NOTICE AND HEARING REQUIREMENTS FOR RESIDENTIAL CHILD-CARE OPERATIONS
26 TAC §745.279
ACCEPTING OR RETURNING THE APPLICATION
26 TAC §745.301
26 TAC §745.301
REVIEWING THE APPLICATION FOR COMPLIANCE WITH MINIMUM STANDARDS, RULES, AND STATUTES
26 TAC §745.321
26 TAC §§745.321, 745.323, 745.325
THE DECISION TO ISSUE OR DENY A PERMIT
26 TAC §§745.339 - 745.341, 745.343 - 745.345, 745.347, 745.349, 745.351, 745.353, 745.355
26 TAC §745.343
DUAL AND MULTIPLE PERMITS
26 TAC §§745.371, 745.373, 745.375, 745.379, 745.385
26 TAC §745.383
REAPPLYING FOR A PERMIT
26 TAC §745.403
26 TAC §745.407
RELOCATION OF OPERATION
26 TAC §§745.429, 745.431, 745.433, 745.435 - 745.437
EMPLOYER-BASED CHILD CARE
26 TAC §§745.461, 745.464, 745.467
PERMIT RENEWAL
26 TAC §§745.471, 745.473, 745.475, 745.477, 745.478, 745.481, 745.483, 745.485, 745.487, 745.489
26 TAC §745.485
OVERVIEW OF ENFORCEMENT ACTIONS
26 TAC §§745.8600, 745.8601, 745.8603, 745.8605, 745.8607, 745.8609, 745.8611, 745.8613
VOLUNTARY AND CORRECTIVE ACTIONS
26 TAC §§745.8631, 745.8633, 745.8635, 745.8637, 745.8641, 745.8643
26 TAC §745.8635, §745.8639
ADVERSE ACTIONS
26 TAC §§745.8649 - 745.8657, 745.8659, 745.8661
26 TAC §§745.8653, 745.8655, 745.8657
JUDICIAL ACTIONS
26 TAC §§745.8681, 745.8683, 745.8685, 745.8687
26 TAC §745.8683
MONETARY ACTIONS
26 TAC §§745.8711, 745.8713, 745.8714
MINIMUM STANDARDS FOR CHILD-CARE CENTERS
PERMIT HOLDER RESPONSIBILITIES
26 TAC §§746.201, 746.203, 746.205, 746.207
REQUIRED NOTIFICATION
26 TAC §§746.305, 746.307, 746.309, 746.311
RECORDS OF ACCIDENTS AND INCIDENTS
26 TAC §746.701
RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE CENTER
26 TAC §746.801
ILLNESS AND INJURY
26 TAC §746.3605, §746.3607
MINIMUM STANDARDS FOR CHILD-CARE HOMES
PRIMARY CAREGIVER RESPONSIBILITIES
26 TAC §§747.207, 747.209, 747.211, 747.213
REQUIRED NOTIFICATIONS
26 TAC §§747.303, 747.305, 747.307, 747.309
RECORDS OF ACCIDENTS AND INCIDENTS
26 TAC §747.701
RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE HOME
26 TAC §747.801
ILLNESS AND INJURY
26 TAC §747.3405, §747.3407
MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
PLANS AND POLICIES REQUIRED FOR THE APPLICATION PROCESS
26 TAC §748.101
MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS
26 TAC §§748.151, 748.158 - 748.160
GENERAL FISCAL REQUIREMENTS
26 TAC §§748.303, 748.317, 748.319
ADDITIONAL REQUIREMENTS FOR INFANT CARE
26 TAC §748.1767
MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS
26 TAC §§749.151, 749.155, 749.157, 749.159
REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES
26 TAC §§749.503, 749.517, 749.519
ADDITIONAL REQUIREMENTS FOR INFANT CARE
26 TAC §749.1817, §749.1821

REVIEW OF AGENCY RULES

Proposed Rule Reviews
Texas Department of Agriculture

TABLES & GRAPHICS

IN ADDITION

Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Commission on Environmental Quality
Agreed Orders
Cancellation of Public Meeting for Buendia Concrete, LLC: Proposed Registration No. 163381
Enforcement Orders
Enforcement Orders
Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant With Enhanced Controls: Proposed Air Quality Registration Number 164267
Notice of Hearing for City of Denton: SOAH Docket No. 582-21-1707; TCEQ Docket No. 2020-1427-MSW; Proposed Permit No. 1590B
Notice of Hearing for Tycon Ready Mix, LLC: SOAH Docket No. 582-21-1741; TCEQ Docket No. 2020-1426-AIR; Proposed Registration No. 159582
Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Water Rights Application
Notice of Water Rights Application
General Land Office
Official Notice to Vessel Owner/Operator
Temporary Order Suspending Determination of the Line of Vegetation and Suspending Enforcement on Certain Encroachments on the Public Beach
Department of State Health Services
Correction of Error
Texas Department of Insurance
Company Licensing
Texas Lottery Commission
Scratch Ticket Game Number 2301 "SAPPHIRE BLUE 7s"
Scratch Ticket Game Number 2302 "EMERALD GREEN 7s"
Scratch Ticket Game Number 2303 "RUBY RED 7s"
Scratch Ticket Game Number 2304 "DIAMOND WHITE 7s"
North Central Texas Council of Governments
Request for Proposals for Public Engagement Software
Plateau Water Planning Group
Request for Statements of Interest and Qualifications to Provide Professional Services for the Plateau Region Water Planning Area of the SB 1 Regional Water Planning Program
Public Utility Commission of Texas
Notice of Application for Designation as an Eligible Telecommunications Carrier
Texas Department of Transportation
Notice of Virtual Public Hearing--Dallas District
Notice of Virtual Public Hearing--Fort Worth District
Workforce Solutions Deep East Texas
Request for Qualifications #21-406 Proposal Reading Services