Draft and Proposed Rules - Asbestos Program


The Executive Commissioner of the Health and Human Services is withdrawing the proposed asbestos rules for the Department of State Health Services (department).  The proposed rules were originally published in the November 11, 2016, issue of the Texas Register for a 60-day comment period.  The extended 60-day comment period resulted in numerous additional suggestions from commenters for changes beyond those offered during pre-publication opportunities for comment.  Certain questions, concerns, and confusion commonly expressed by numerous commenters reflected a need for further changes and clarifications in the rule text.   In addition, fiscal impacts were asserted that warrant re-evaluation to ensure that any such potential fiscal impacts, including to small and micro-businesses, are fully evaluated and that, where available and still protective of public health, alternatives are given appropriate consideration.


In light of these factors, additional time is being taken to ensure that such changes and clarifications are clearly communicated and explained, and reflect considered evaluation of the comments submitted in response to the November 2016 publication of proposed rules.  Those proposed rules will be withdrawn and revised proposed rules will be republished, with another opportunity for public comment and consideration of those comments, prior to adoption.    Once it is filed, the withdrawal will be available to be viewed by the public on the Secretary of State’s website at http://www.sos.state.tx.us/texreg/index.shtml, and will be subsequently published in the Texas Register. The Department’s Asbestos Program anticipates that this approach will help to ensure that the rule set ultimately adopted is responsive to certain common stakeholder concerns, improves clarity, and ensures that legal requirements related to the rulemaking are met.


The department will provide further information regarding the new proposed rule timeline and publication date as it becomes available.  If you have any questions regarding this message or the new proposed rule time line, please send your questions via email to the EHG Rules Coordinator mailbox at EHGRulesCoordinator@dshs.texas.gov.


Thank you for your interest in the Texas Asbestos Health Protection Rules. 


Asbestos Program
Division for Regulatory Services

Last updated May 5, 2017