The Texas Behavioral Health Executive Council adopts amendments to §882.32, relating to Duty to Update Name and Address. Section 882.32 is adopted without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5454) and will not be republished.

Reasoned Justification.

The adopted amendments are required due to the statutory changes made by S.B. 510, 88th Leg., R.S. (2023). Beginning September 1, 2023, Section 507.161 of the Occupations Code will make all home addresses and telephone numbers of licensees confidential and not subject to disclosure under Chapter 552 of the Government Code. Additionally, Section 552.11765 of the Government Code will make a license application, the home address, home telephone number, electronic mail address, social security number, date of birth, driver's license number, state identification number, passport number, emergency contact information, or payment information of an applicant, licensee, or previous licensee confidential and not subject to disclosure under Chapter 552 of the Government Code. Therefore, corresponding amendments have been made to this rule in accordance with these statutory changes.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

Texas Association of School Psychologists

Summary of comments for the rule.

A commenter filed a comment through the Council's electronic form for this rule, but the comment concerned a different proposed rule change regarding the licensing of specialists in school psychology. The commenter expressed support for the proposed changes to §463.9(d)(3)(B)-(D), regarding holding a graduate degree in a discipline related to psychology and an applicant in good standing to practice school psychology in another jurisdiction, but the commenter voiced concern regarding the proposed changes to §463.9(d)(3)(A). The commenter did not support this change since the commenter believes that the terminology currently in use, specifically regarding a program, better captures the intent of this rule, that the applicant must come from a program and not just one course. Additionally, the commenter appreciated adding school-based to §463.9(e)(4), (5), and (7) but believes the change will create an undue burden on staff to verify that course curriculum includes school-based language.

Agency Response.

The Executive Council adopts the rule without changes to the proposed text published in the Texas Register. The comment received concerned a different licensing rule and are not germane to this proposed rule change. Therefore, the Executive Council declines to amend this rule in response to any comment received.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

The Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.