TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 65. BOILER DIVISION

16 TAC §65.80

The Texas Department of Licensing and Regulation adopts amendments to §65.80 concerning the Boiler Division program without changes to the proposed text as published in the February 25, 2000 issue of the Texas Register (25 TexReg 1493) and will not be republished.

The amendment to §65.80 raises the inspection fees for heating boilers for those without a manhole from $80 to $85 and those with a manhole from $110 to $115. The fee rate stated herein was set by the Texas Department of Licensing and Regulation Commission, and not mandated by the Legislature. The Department is required to structure fees for each statute to pay for its own regulation and the fees currently in place are below the amount to cover costs. Without the increase it could adversely affect the administration and enforcement of the Boiler Division program.

No comments were received regarding adoption of the amendments.

The section will function by allowing the department to cover program costs.

The amendments are adopted under Texas Health and Safety Code Annotated, Chapter 755 (Vernon 1999) which authorizes the Texas Department of Licensing and Regulation to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purpose of the Code.

The amendments affect Texas Health and Safety Code Annotated, Chapter 755 (Vernon 1999) and the Texas Occupations Code, Chapter 51 (Vernon 1999).

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 March 29, 2000.

TRD-200002272

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: April 18, 2000

Proposal publication date: February 25, 2000

For further information, please call: (512) 463-7348


Chapter 68. ARCHITECTURAL BARRIERS

16 TAC §68.80

The Texas Department of Licensing and Regulation adopts amendments to §68.80 concerning the Architectural Barriers program without changes to the proposed text as published in the February 25, 2000 issue of the Texas Register (25 TexReg 1494) and will not be republished.

The amendment to §68.80 increases the fees for reviews, inspections, plan reviews, and contract provider fees as shown on the adopted fee schedule by increasing the review fees in increments of $50 and the inspection fees are increased in increments of $100-$310. The contract provider project filing fee has been increased from $50 to $75. When the estimated construction cost is less than $50,000 and a review, inspection or both are requested the plan review fee is increased from $75 to $200 and the inspection fee is increased from $85 to $200. Two new fees have also been adopted. The Technical Deviations-Built condition fee is $200 for each item and a replacement certificate fee is $25 each.

The fee rate stated herein was set by the Texas Department of Licensing and Regulation Commission, and not mandated by the Legislature. The Department is required to structure fees for each statute to pay for its own regulation and the fees currently in place are below the amount required by the Department to cover costs. The justification for adding the new fees is to provide the required administration of the statute to enable citizens with disabilities access to buildings. Without the increase it could adversely affect the administration and enforcement of the Architectural Barriers program.

No comments were received regarding adoption of the amendments.

The section will function by allowing the department to cover program costs.

The amendments are adopted under Texas Revised Civil Statutes Annotated, article 9102 (Vernon 1999) which authorizes the Texas Commission of Licensing and Regulation to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purpose of the Act.

The amendments affect Texas Revised Civil Statutes Annotated, article 9102 (Vernon 1999) and the Texas Occupations Code, Chapter 51 (Vernon 1999).

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 March 29, 2000.

TRD-200002271

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: April 18, 2000

Proposal publication date: February 25, 2000

For further information, please call: (512) 463-7348


Chapter 75. AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW

16 TAC §75.80

The Texas Department of Licensing and Regulation adopts amendments to §75.80 concerning the Air Conditioning and Refrigeration Contractors program, without changes to the proposed text as published in the February 25, 2000 issue of the Texas Register (25 TexReg 1494) and will not be republished.

The amendment to §75.80 raises the fee for new and renewed licenses from $300 to $350 for a three-year period. The fee rate stated herein was set by the Texas Department of Licensing and Regulation Commission, and not mandated by the Legislature. The Department is required to structure fees for each statute to pay for its own regulation and the fee currently in place is below the amount required by the Department to cover costs. Without the increase it could adversely affect the administration and enforcement of the Air Conditioning and Refrigeration Contractors program.

No comments were received regarding adoption of the amendments.

The section will function by allowing the department to cover program costs.

The amendment is adopted under Texas Revised Civil Statutes Annotated, article 8861 (Vernon 1999) which authorizes the Texas Department of Licensing and Regulation to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purpose of the Act.

The amendment affects Texas Revised Civil Statutes Annotated, article 8861 (Vernon 1999) and the Texas Occupations Code, Chapter 51 (Vernon 1999).

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 March 29, 2000.

TRD-200002270

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: April 18, 2000

Proposal publication date: February 25, 2000

For further information, please call: (512) 463-7348