What is Rulemaking?

Rulemaking is the process for developing and issuing rules. It can result in a new rule, an amendment to an existing rule, or the repeal of an existing rule.

Rules describe the procedure and practices of a state agency.  They implement or interpret law, prescribe policy, and outline requirements or practices that may  impact the public and external stakeholders.

Get answers to frequently asked questions about rulemaking.

How Rulemaking Works

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Proposed Rule

DFPS identifies a need for a rule and drafts proposed language.

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Public Comment

The proposed rule is published in the Texas Register for at least 30 days. The public is invited to review and submit comments.

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Review Comments

DFPS reviews all comments received and may take changes to the proposed rule based on the feedback.

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Adopt Rule

The final rule is adopted with an effective date and published in the Texas Administrative Code (TAC).

DFPS Rules

Under Human Resources Code §40.027, the DFPS Commissioner oversees the development of rules relating to matters within DFPS jurisdiction and adopts rules for the operation of DFPS and the delivery of its services.  DFPS proposed rules are published in the Texas Register for public review and comment.  They are also posted on our website for convenience.

How You Can Participate

DFPS provides several ways for you to provide input and participate in the rulemaking process.

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Comment on Proposed Rules

Submit written comments online or by mail during the public comment period.

Submit Comment

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Advisory Committee Input

Provide input to the PCFC Advisory Committee during discussions and meetings.

Find Advisory Committee Info

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Petition for Rulemaking

Request DFPS to amend or create a rule with a formal petition.


Learn More about Petitions

Proposed Rules

Rule Title TAC Section(s) Affected Summaries Publication in Texas Register Public Comment Period Submit Public Comment Notice of Adoption
25R2 SB 1849 SEMARC 40 TAC § 702.1401, 702.1403, and 702.1405 May 29, 2026

May 29, 2026 - June 28, 2026

 DFPS Rules Mailbox  
26R2 HB 1211 Tuition & Fee Waiver 40 TAC § 700.1630 May 15, 2026 May 15, 2026 - June 14, 2026    
24R9 Chapter 702 Advisory Committees 40 TAC § 702.501, 702.507, 702.509, and 702.517
  • Summary (ENG PDF)
  • Resumen (ES PDF)
 May 1, 2026 May 1, 2026 - May 31, 2026    
25R3 PCG and YCL Advisory Committee 40 TAC § 702.513 and 702.515
  • Summary (ENG PDF)
  • Resumen (ES PDF)
 April 24, 2026 April 24, 2026 - May 24, 2026    
Treatment Foster Family Care (TFFC) 40 TAC §700.1335
  • Summary
    (ENG PDF)
  • Resumen
    (ES PDF)
 April 17, 2026 April 17, 2026 - May 17, 2026    

Four Year Rule Review

Texas Government Code §2001.039 establishes a four-year rule review cycle for all state agency rules including those of DFPS. During this review, the agency considers whether the reasons for adoption of the rules continue to exist and whether any changes are needed. Any proposed amendments or repeal of a rule or chapter as a result of the review following the general rulemaking process. DFPS conducted its most recent review in March/April 2025. The next cycle will begin in March 2029.

Get answers to frequently asked questions about rulemaking.