During the 85th Legislative Session, the Texas Legislature passed House Bill 5, directing that the Texas Department of Family and Protective Services (DFPS) become a stand-alone agency that is separate from the Texas Health and Human Services System. As a result of this bill, the regulation of child care formerly provided by DFPS has been moved to the Texas Health and Human Services Commission (HHSC), while only the investigations of allegations of child abuse, neglect, and exploitation in child care operations will remain in DFPS.
Since HHSC is responsible for monitoring and enforcing the administrative rules that contain the minimum standards for child care operations, these rules must be transferred from DFPS to HHSC. DFPS rules in Title 40, Part 19, Chapter 744 (Minimum Standards for School-Age and Before or After-School Programs), Chapter 746 (Minimum Standards for Child-Care Centers), Chapter 747 (Minimum Standards for Child-Care Homes), Chapter 748 (Minimum Standards for General Residential Operations), Chapter 749 (Minimum Standards for Child-Placing Agencies), and Chapter 750 (Minimum Standards for Independent Foster Homes) must be transferred to a title of the Texas Administrative Code that is dedicated to HHSC's responsibilities.
The rules will be transferred in the Texas Administrative Code effective March 9, 2018.
The following conversion charts outline the rule transfer:
Figure: 40 TAC Chapter 744 (.pdf)
Figure: 40 TAC Chapter 746 (.pdf)
Figure: 40 TAC Chapter 747 (.pdf)
Figure: 40 TAC Chapter 748 (.pdf)
Figure: 40 TAC Chapter 749 (.pdf)
Figure: 40 TAC Chapter 750 (.pdf)