REVIEW OF AGENCY RULES

Proposed Rule Reviews

Department of State Health Services

Title 25, Part 1

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 37, Maternal and Infant Health Services

Subchapter A Federal Laws and Regulations Governing Maternal and Child Health Services Programs

Subchapter B March of Dimes Rules on Health Education Grants

Subchapter C Vision and Hearing Screening

Subchapter D Newborn Screening Program

Subchapter E Newborn Screening for Critical Congenital Heart Disease

Subchapter G Spinal Screening Program

Subchapter H Sudden Infant Death Syndrome

Subchapter I Memoranda of Understanding

Subchapter J Neonatal Care

Subchapter M Texas Perinatal Care System

Subchapter P Surveillance and Control of Birth Defects

Subchapter Q Reporting, Treatment and Investigation of Child Blood Lead Levels

Subchapter R Advisory Committees

Subchapter S Newborn Hearing Screening

Subchapter T School-Based Health Centers

Subchapter U Epinephrine Auto-Injector Policies in Schools

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 37, Maternal and Infant Health Services, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 37" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 25, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (texas.gov).

TRD-202303485

Jessica Miller

Director, Rules Coordination Office

Department of State Health Services

Filed: September 19, 2023


Adopted Rule Reviews

Office of the Attorney General

Title 1, Part 3

The Office of the Attorney General of Texas (OAG) adopts the review of Chapter 52, concerning Administration, in accordance with Texas Government Code §2001.039. The proposed notice of intent to review rules was published in the June 30, 2023, issue of the Texas Register (48 TexReg 3523). No comments were received on the proposed rule review. The OAG has assessed whether the reasons for adopting or readopting the rules continue to exist. The OAG finds that the rules in Chapter 52 are needed, reflect current legal and policy considerations, and reflect current procedures of the OAG. The reasons for initially adopting the rules continue to exist. The OAG, therefore, readopts 1 TAC Chapter 52.

TRD-202303440

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: September 15, 2023


Texas Commission on the Arts

Title 13, Part 3

The Texas Commission for the Arts (Commission) publishes its notice of intent to complete the Quadrennial rule review process of Title 13 Texas Administrative Code Chapter 31 (Agency Procedures), Chapter 32 (Memoranda of Understanding), and Chapter 35 (A Guide to Programs and Services) pursuant to Texas Government Code § 2001.039.

The Commission has considered whether the reasons for adopting the rules contained in these chapters continue to exist. The commission did not receive comments. The reasons for adopting these rules continue to exist.

Any questions should be directed to the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406, ATTN: Gary Gibbs, or by email to gary@arts.texas.gov.

TRD-202303484

Gary Gibbs

Executive Director

Texas Commission on the Arts

Filed: September 19, 2023


Texas State Board of Plumbing Examiners

Title 22, Part 17

The Texas State Board of Plumbing Examiners (TSBPE) filed a Notice of Intent to Review to consider for readoption, revision, or repeal the rules at Chapter 363 (Examination and Registration), in their entirety, under Title 22, Part 17, of the Texas Administrative Code (TAC). This review was conducted in accordance with Texas Government Code §2001.039.

The Notice of the proposed rule review was published in the July 8, 2022, issue of the Texas Register (47TexReg 3987).

No comments were received in response to this notice.

Review and Recommendation

The Board reviewed each of the rules in Chapter 363 and has determined that the reasons for adopting or readopting the rules in this chapter continue to exist. The rules are still essential in implementing Chapter 1301 of the Texas Occupations Code (the Plumbing License Law or the PLL.) The rules provide details that are not found in the PLL but are necessary for implementation and operation of the program.

The Board may propose amendments in the future to update, clarify, or supplement the existing rules. Any proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment before final adoption by TSBPE in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Board Action

At its meeting on September 14, 2023, the Texas State Board of Plumbing Examiners readopted 22 TAC, Part 17, Chapter 363, in its entirety and in its current form. This concludes the review of Chapter 363 in accordance with Texas Government Code §2001.039.

TRD-202303504

Lynn Latombe

General Counsel

Texas State Board of Plumbing Examiners

Filed: September 20, 2023