Rules are developed to show how Texas Health and Human Services (HHS) implements state and federal law. To be good stewards of the public trust, HHS takes into account stakeholder input when rules are being written or updated to ensure interested parties have a chance to contribute to the process.

How Can I Participate in the Process?

Engaging the public and stakeholders is an important element of the HHS rulemaking process. HHS provides informal and formal opportunities for the public and stakeholders to participate in the process.

Interested parties can participate by:

  • Offering informal comments.
  • Commenting on proposed rules published in the Texas Register.
  • Providing input to an advisory committee.
  • Attending an HHSC Executive Council meeting.

Informal Comments

Informal opportunities to comment occur before a rule is published in the Texas Register. HHS staff may solicit informal public and stakeholder input by:

  • Inviting stakeholders to submit comments on potential rule changes during rule development.
  • Sharing a draft rule with stakeholders for review.
  • Using existing HHS advisory committees to comment on rules.

The following are draft rules on which HHS is accepting informal public or stakeholder input.

Draft Rules
Rule Title, Scope, Contact Person, and Rule Project Number Draft Rule - Comment period begins Draft Rule - Comment period ends
Nursing Facilities Code of Federal Regulations, Contact: Sharon Wallace, Project 40R010 February 5, 2018 February 23, 2018
Convert or Relinquish Foster Group Home Verification is a rule project in response to HB 7, SECTION 78, from the 85th Legislature, Regular Session, 2017. New Draft §749.2897 clarifies that while a foster group home that was verified before September 1, 2017 may continue to operate, by August 31, 2019 the child-placing agency must convert the home to a foster family home or close the home. New Draft §749.2471 explains how a child-placing agency may convert a foster group home to a foster family home, and includes a Helpful Information box further explaining an “addendum”. New Draft §749.2470 is the same as the Repealed Draft §749.2471 with updates that are consistent with New Draft §749.2471. 
Contact: Gerry Williams
Project Number: 18R022
February 9, 2018 February 23, 2018

Advisory Committees

Some rules may require approval of an advisory committee before being proposed in the Texas Register. For more information about HHS advisory committees, please visit the advisory committee web page.

HHSC Executive Council

The HHSC Executive Council reviews proposed rules at a scheduled meeting. Visit the HHS meetings and events page to learn about upcoming meetings.

Formal Comments via the Texas Register

To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State. Interested parties then can review and comment on the proposed rule. The Secretary of State publishes a new issue of the Texas Register each Friday.

The Administrative Procedure Act (Texas Government Code, Chapter 2001) requires the notice published in the Texas Register to include a brief explanation of the proposed rule and a request for comments from any interested person. The notice also includes instructions for submitting comments regarding the rule to the agency, including the date by which comments must be submitted. Agencies must give interested persons "a reasonable opportunity" to submit comments. The public comment period begins on the day after the notice of a proposed rule is published in the Texas Register and lasts for a minimum of 30 calendar days.

Below is a list of proposed rules that have been published in the Texas Register. The proposed rules that are published in the Texas Register are open for public comment until the end of the comment period.

Proposed Rules
Chapter Number, Rule Title Project Number, Project Description Contact Person Comment Period Ends
       

How to Submit Comments

The Health and Human Services Rules Coordination Office coordinates the rulemaking process and assists health and human services staff involved in developing and publishing rules. For more information about how to submit comments or questions about HHS rulemaking, please email the Rules Coordination Office.

What Happens Once A Rule Is Adopted?

After a rule is adopted by the Executive Commissioner of the Health and Human Services Commission, the adopted rule is published in the Texas Register. Once effective, rules are codified into the Texas Administrative Code, which is maintained by the Secretary of State.

To be notified when rules are adopted in the Texas Register, visit the Secretary of State site to register for email notification at http://sos.state.tx.us/texreg/subinfo.shtml.

Keep up with rulemaking actions at HHS by signing up to receive email updates.

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