Part XII.
Board of Vocational Nurse Examiners
Chapter 239.
Contested Case Procedure
Subchapter A. Definitions
22 TAC §239.1
The Board of Vocational Nurse Examiners adopts the repeal
of §239.1 relating to definitions without changes to the proposed text
published in the November 20, 1998, issue of the
Texas Register
(23 TexReg 11765).
This repeal is adopted to allow the Board to establish new definitions
for this chapter.
No comments were received relative to the repeal of this rule.
The repeal is adopted under Texas Civil Statutes, Article 4528c,
Section 5(f), which provides the Board of Vocational Nurse Examiners with
the authority to make such rules and regulations as may be necessary to carry
in effect the purposes of the law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900134
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: February 1, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 305-8100
The Board of Vocational Nurse Examiners
adopts new §239.1 relating to definitions without changes to the proposed
text published in the November 20, 1998, issue of the
Texas Register
(23 TexReg 11766).
New §239.1 is adopted in order to add new definitions and to establish
a number system for all definitions.
No comments were received relative to the adoption of this rule.
The new rule is adopted under Texas Civil Statutes, Article 4528c,
Section 5(f), which provides the Board of Vocational Nurse Examiners with
the authority to make such rules and regulations as may be necessary to carry
in effect the purposes of the law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900135
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: February 1, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 305-8100
22 TAC §§239.11, 239.12, 239.16, 239.18
The Board of Vocational Nurse Examiners adopts the amendments
to §239.11 relating to Unprofessional Conduct, §239.12 relating
to Licensure of Persons with Criminal Convictions, §239.16 relating to
Peer Assistance Programs, and §239.18 relating to Penalties and Sanctions
without changes to the proposed text published in the December 4, 1998, issue
of the
Texas Register
(23 TexReg 12075).
Section 239.11 is amended for clarification. Section 239.12 is amended
for consistency with 6252-13c. Section 239.16 is amended to reflect current
TCADA language and for clarification. Section 239.18 is amended for consistency.
No comments were received relative to the adoption of these amendments.
The amendments are adopted under Texas Civil Statutes, Article
4528c, Section 5(f), which provides the Board of Vocational Nurse Examiners
with the authority to make such rules and regulations as may be necessary
to carry in effect the purposes of the law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900136
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 305-8100
22 TAC §239.21
The Board of Vocational Nurse Examiners adopts the amendment
to §239.21 relating to subpoenas without changes to the proposed text
published in the December 4, 1998, issue of the
Texas Register
(23 TexReg 12076).
Section 239.21 is adopted to reflect new information technologies that
are available for subpoena.
No comments were received relative to the adoption of this amendment.
The amendment is adopted under Texas Civil Statutes, Article
4528c, Section 5(f), which provides the Board of Vocational Nurse Examiners
with the authority to make such rules and regulations as may be necessary
to carry in effect the purposes of the law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900137
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 305-8100
Chapter 361.
Administration
Subchapter A. General Provisions
22 TAC §361.6
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.6, concerning general provisions, without changes to the proposed
text as published in the November 27, 1998, issue of the
Texas Register
(23 TexReg 11894) and will not be republished. The amendment
specifies the fees that are reasonable and necessary to defray the cost of
administering the Plumbing License Law.
The Board received 145 letters from individuals that oppose the amendment
that will increase license and license renewal fees. The following is a summary
of the comments submitted:
Most of the individuals indicated that they opposed an increase in license
and license renewal fees because they lacked knowledge or understanding of
the need for the increase. Many individuals indicated that they oppose an
increase in fees because they feel that the Board is not responsive to the
interests of the licensees. Some of the individuals indicated that an increase
in fees will cause financial hardship to the licensees.
The following are the reasons why the agency disagrees with party submissions
and proposals:
The need for the fee change is to satisfy H.B. 1, 75th Legislature, Art.
VIII-60, Rider 3, that requires that the Board's fees, fines, and other miscellaneous
revenue generate, at a minimum, the cost of the appropriations including employee
matching cost and any other direct operating costs. The estimated increase
in revenue that would be generated based on the amendment to the Board's fee
structure will satisfy the Legislature's intent. Although some individuals
may feel that the Board is not responsive to the interests of the licensees,
the Board has a deep understanding of the burden that license fees place on
individual licensees. Any increase in fees represents a cost increase to individual
licensees. However, the actual proposed increases are insignificant in relation
to the value represented by the license. The proposed increase in the Journeyman
Plumber License, from $12 to $25, still leaves it as an inexpensive professional
license. This is an approximate investment of only $2 per month that entitles
the licensee to perform a professional service that is in increasing demand.
The last change in the Journeyman Plumber License fee was in 1990, when the
Board was able to decrease the fee from $27 to $12. The Master Plumber License
represents an even more valuable professional license, with additional career
opportunities available for an investment of less than $15 per month. The
fee for the Master Plumber License has not changed since 1995. The Board,
with the primary interest of public health and safety in mind, together with
the interests of the licensees, will continue to closely monitor the revenues
provided by the license fees and the expenses of the Board. The Board will
continue to ensure that the financial requirements of the Board are reasonable
to protect the health and safety of the citizens and that the fees collected
do not exceed those requirements.
The following is a restatement of the rule's factual basis:
The amendment will change the fee for a Master Plumber License
from $150 to $175 and renewal of a Master Plumber License from $150 annually
to $175 annually. Additionally, the amendment will change the fee for a Journeyman
Plumber License from $12 to $25 and renewal of a Journeyman Plumber License
from $12 annually to $25 annually. The fee increases will apply to all unpaid
Master and Journeyman License and Master and Journeyman License renewal fees,
including any of those fees unpaid prior to the effective date of this amendment.
The public benefits anticipated as a result of enforcing the rule will be
enhanced public health, safety, and welfare because the Board will have sufficient
income to administer and enforce the Plumbing License Law.
The amendment is adopted under and effects Texas Revised Civil Statutes
Annotated Article 6243-101 (Plumbing License Law), §5(a), §13(a),
(Vernon Supp. 1998), the rule it amends and H.B. 1, 75th Legislature, Art.
VIII-60, Rider 3. Section 5(a) of the Plumbing License Law authorizes, empowers
and directs the Board to prescribe, amend and enforce all rules and regulations
necessary to carry out the Plumbing License Law. Section 13(a) of the Plumbing
License Law directs the Board to establish fees that are reasonable and necessary
to defray the cost of administering the Plumbing License Law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900124
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: January 31, 1999
Proposal publication date: November 27, 1998
For further information, please call: (512) 458-2145
22 TAC §365.1
The Texas State Board of Plumbing Examiners adopts an amendment
to §365.1, concerning licensing without changes to the proposed text
as published in the November 27, 1998 issue of the
Texas Register
(23 TexReg 11895). The amendment describes the categories
of licenses and endorsements administered by the Board and the type of work
permitted to be performed by the holders of those licenses and/or endorsements.
No comments were received regarding adoption of the amendment.
The following is a restatement of the rule's factual basis:
The amendment does not change current requirements set out by the Board
Rules, but clarifies that a holder of a Water Supply Protection Specialist
Endorsement may perform Customer Service Inspections as currently defined
by the Texas Natural Resource Conservation Commission's Rules and Regulations
for Public Water Systems, but not the plumbing inspections required under
§15(a) of the Plumbing License Law (Act), if that individual does not
also hold a valid Plumbing Inspector License as required by §14(a) of
the Act.
The amendment is adopted under and effects Texas Revised Civil
Statutes Annotated Article 6243-101("Act"), §2(5), §5(a), §8,
§11(A), §14(a), §15(a), (Vernon Supp. 1998) and the rule it
amends. Section 2(5) of the Act defines "Plumbing Inspector". Section 5(a)
of the Act authorizes, empowers and directs the Board to prescribe, amend
and enforce all rules and regulations necessary to carry out the Act. Section
8 of the Act directs the Board to administer a uniform and reasonable examination
to determine the fitness, competency and qualifications of persons to engage
in the business, trade or calling of a master or journeyman plumber or plumbing
inspector. Section 11(A) of the Act requires the Board to promulgate rules
to approve a Water Supply Protection Specialist (WSPS) Endorsement certification
program, a WSPS Endorsement examination and issue WSPS Endorsements to qualified
individuals. Section 14(a) prohibits an individual from serving as a plumbing
inspector without a valid Plumbing Inspector License. Section 15(a) requires
cities with more than 5,000 inhabitants to perform inspections of all plumbing.
The plumbing inspections required under Section 15(a) are comprehensive inspections
of entire plumbing systems that require the expertise and training of licensed
Plumbing Inspectors. Customer Service Inspections are not the plumbing inspections
referred to in Section 15(a), but are limited checks for potable water cross
connections and lead contaminates that may be performed by individuals qualified
only as Water Supply Protection Specialists. The amendment does not conflict
with the Texas Natural Resource Conservation Commission's Rules and Regulations
for Public Water Systems.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900125
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: January 31, 1999
Proposal publication date: November 27, 1998
For further information, please call: (512) 458-2145
Chapter 535.
Provisions of the Real Estate License Act
Subchapter G. Mandatory Continuing Education
22 TAC §535.71, §535.72
The Texas Real Estate Commission (TREC) adopts amendments
to §535.71, concerning approval of mandatory continuing education (MCE)
providers, courses and instructors, and §535.72, concerning presentation
of MCE courses, advertising and records, without changes to the proposed text
as published in the November 13, 1998, issue of the
Texas Register
(23 TexReg 11548). The amendments are necessary to simplify
the reporting of attendance at MCE courses and to reduce the number of documents
filed by MCE providers and licensees.
The amendment to §535.71 eliminates use of a computer-scanned card
completed by licensees after attending an MCE course and filed with the commission
by the course provider to report the licensee's attendance. Instead, the course
provider will file a revised course completion roster, MCE Form 8-3, to be
signed by each licensee requesting MCE credit for attendance. Providers may
file the reports with the commission by facsimile machine. The amendment to
§535.71 also adopts by reference a revised form, MCE Form 12-1, used
by an individual licensee requesting MCE credit for attending a continuing
education course approved by the State Bar of Texas, as well as new MCE Form
12A-0, which a provider could use to request MCE credit for the persons who
sign the form after attending a course approved by the State Bar of Texas.
The amendment to §535.72 deletes references to the computer-scanned
attendance card and provisions regarding its use by providers. The amendment
also deletes unnecessary provisions regarding verification of attendance.
Providers will, however, continue to be responsible to TREC for making every
reasonable effort to ensure that no student receives MCE credit who has not
attended all class sessions.
Four comments in support of the proposal were received from providers.
One of the commenters noted that the proposed course completion roster did
not have enough space to enter the provider course number, and the commission
modified the form prior to its adoption to clarify that the provider should
enter only the last four numbers.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900133
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: March 1, 1999
Proposal publication date: November 13, 1998
For further information, please call: (512) 465-3900
22 TAC §535.92
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.92, concerning renewal of real estate licenses, without changes
to the proposed text as published in the November 13, 1998, issue of the
Four comments in favor of the proposal were received from providers.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900132
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: March 1, 1999
Proposal publication date: November 13, 1998
For further information, please call: (512) 465-3900
Chapter 601.
Medical Physicists
Subchapter B. Enforcement
Subchapter C. Hearings Process
Part XVII.
Texas State Board of Plumbing Examiners
Chapter 365.
Licensing
Part XXIII.
Texas Real Estate Commission
Subchapter I. Licenses
Part XXVI.
Texas Board of Licensure for Professional Medical Physicists