tx-September252026-69: 25 TAC §31.1 (Amendment) — Nutrition Services

Adopted Rules Title 25 TITLE 25. HEALTH SERVICES PART 1. DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 31. NUTRITION SERVICES SUBCHAPTER A. REGISTER OF TEXAS MOTHER-FRIENDLY WORKSITES 25 TAC §31.1 The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts an amendment to §31.1, concerning Register of Texas Mother-Friendly Worksites. Section 31.1 is adopted without changes to the proposed text as published in the June 26, 2026, issue of the Texas Register (51 TexReg 4100). This rule will not be republished. BACKGROUND AND JUSTIFICATION The amendment is necessary to support updates to the Texas Department of State Health Services "Mother-Friendly" business designation as directed by the Texas Health and Safety Code Chapter 165, Breast-feeding. The Texas Mother-Friendly Worksite program provides minimum criteria for the designation in Title 25 Texas Administrative Code §31.1 and maintains a listing of designated worksites. The updates to the rule reflect the program name, Texas Mother-Friendly Worksite Program; updates program contact information and application processes; introduces a redesignation process to ensure program integrity; and introduces additional options for voluntary Silver and Gold standard level designation criteria to align with worksite lactation best practices that reflect changes in business practice and technology. COMMENTS The 31-day formal comment period ended July 27, 2026. DSHS received comments regarding the proposed rule from one individual commenter. A summary of comments relating to the rule and DSHS' responses follows. Comment: The commenter requested that the rule align with paid family leave policies. Response: DSHS disagrees as paid family leave falls outside the scope of the rule. DSHS made no revisions to the rule text in response to this comment. Comment: The commenter recommended considering tax incentives or financial enticements for worksites to provide lactation support to employees as outlined in the rule. Response: DSHS disagrees as tax incentives and financial enticements are outside the scope of the rule. DSHS made no revisions to the rule text in response to this comment. STATUTORY AUTHORITY The amendment is 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 and Texas Health and Safety Code §1001.075, which authorizes the executive commissioner of HHSC to adopt rules for the administration of Texas Health and Safety Code Chapter 1001. The amendment is authorized by Texas Health and Safety Code §165.003, which authorizes the department to maintain a list of mother-friendly businesses. 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 September 11, 2026. TRD-202603950 Cynthia Hernandez General Counsel Department of State Health Services Effective date: October 1, 2026 Proposal publication date: June 26, 2026 For further information, please call: (512) 239-8263