tx-August142026-114: 26 TAC §§910.301, 910.303, 910.305, 910.307 (New) — State Facility Business Operations

Adopted Rules Title 26 TITLE 26. HEALTH AND HUMAN SERVICES PART 1. HEALTH AND HUMAN SERVICES COMMISSION CHAPTER 910. STATE FACILITY BUSINESS OPERATIONS SUBCHAPTER G. STATE HOSPITAL MANAGEMENT 26 TAC §§910.301, 910.303, 910.305, 910.307 The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts new §910.301, concerning Purpose; §910.303, concerning Application; §910.305, concerning Definitions; and §910.307, concerning State Hospital Superintendent. Sections 910.301, 910.303, 910.305, and 910.307 are adopted without changes to the proposed text as published in the May 15, 2026, issue of the Texas Register (51 TexReg 3304). These rules will not be republished. BACKGROUND AND JUSTIFICATION The new sections are necessary to comply with Texas Health and Safety Code (HSC) §552.154 added by House Bill (HB) 913, 89th Legislature, Regular Session, 2025. Section 552.154 provides that the HHSC executive commissioner shall, by rule, require state hospitals to employ a superintendent at a Texas state hospital. A Texas state hospital also includes a facility that HHSC operates as a state hospital. HB 913 amended HSC §532.001(b) and §552.002(a)(2) to separate the North Texas State Hospital into two state hospitals, Vernon and Wichita Falls. HSC §532.001(b) and §552.002(a)(2) were amended to also add the new Panhandle State Hospital and the Lubbock Psychiatric Center to the list of state hospitals. The adopted rules also outline the duties a superintendent must perform in a Texas state hospital, as required by HSC §551.022. COMMENTS The 31-day comment period ended June 15, 2026. HHSC received comments from one commenter. A summary of comments relating to the rules and HHSC's responses follows. Comment: The commenter suggested adding a superintendent's duty to ensure clinicians deliver appropriate, evidence-based care and treatment to §910.307. Response: HHSC disagrees and declines to revise the rule in response to this comment. Each superintendent oversees and manages the operation of a Texas state hospital in accordance with HSC §551.022. In accordance with 22 TAC §160.2, the Texas Medical Board establishes standards for the practice of medicine and regulates the practice of medicine through the licensure and discipline of physicians. Comment: The commenter suggested requiring in §910.307, if the superintendent is not a psychiatrist, clinical care shall be under the direction of a qualified psychiatrist. Response: HHSC disagrees and declines to revise the rule in response to this comment. Each superintendent oversees and manages the operation of a Texas state hospital in accordance with HSC §551.022. Each Texas state hospital employs or contracts with at least one licensed psychiatrist to conduct an individual's psychiatric evaluation and to oversee clinical care. STATUTORY AUTHORITY The new sections are adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; HSC §552.001, which provides HHSC with authority to operate state hospitals; and HSC §552.154, which requires the executive commissioner of HHSC by rule to require state hospitals to employ a superintendent. HSC §532.001(b) and §552.002(a)(2) separate the North Texas State Hospital into two state hospitals, Vernon and Wichita Falls; and HSC §532.001(b) and §552.002(a)(2) add the new Panhandle State Hospital and the Lubbock Psychiatric Center to the list of state hospitals. 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 July 29, 2026. TRD-202603218 Karen Ray Chief Counsel Health and Human Services Commission Effective date: August 18, 2026 Proposal publication date: May 15, 2026 For further information, please call: (512) 438-3049